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H.B. 303 Enrolled

                 

DISCLOSURE OF INFORMATION RELATING

                 
TO PRIOR SCHOOL EMPLOYMENT

                 
2000 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Sheryl L. Allen

                  AN ACT RELATING TO PUBLIC SCHOOLS; PROVIDING THAT AN APPLICANT FOR A
                  TEACHER'S LICENSE PROVIDE THE LICENSING AUTHORITY WITH AN AFFIDAVIT
                  LISTING THE HIGHER EDUCATION INSTITUTIONS ATTENDED BY THE APPLICANT
                  AND WHETHER THE APPLICANT'S ENROLLMENT OR ELIGIBILITY FOR COMPLETION
                  OF A PROGRAM WAS TERMINATED BY THE INSTITUTIONS, AND THE REASONS FOR
                  THE TERMINATION; AND REQUIRING A RELEASE FROM AN APPLICANT TO OBTAIN
                  RECORDS REGARDING THE APPLICANT'S PAST CONDUCT FROM INSTITUTIONS OF
                  HIGHER EDUCATION AND FORMER SCHOOL EMPLOYERS.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      53A-6-404, as enacted by Chapter 108, Laws of Utah 1999
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 53A-6-404 is amended to read:
                       53A-6-404. Certification in other jurisdictions -- Impact on licensing in Utah.
                      (1) An applicant for a license, renewal of a license, or reinstatement of a license shall
                  provide the administrator of teacher licensing with an affidavit, stating under oath the current status
                  of any certificate, license, or other authorization required for a professional position in education,
                  which the applicant holds or has held in any other jurisdiction.
                      (2) An applicant for a license who has held a teacher's license in any other jurisdiction or
                  who graduated from an institution of higher education in another state shall also provide the
                  administrator of teacher licensing with:
                      (a) a complete listing of the higher education institutions attended by the applicant, whether
                  the applicant's enrollment or eligibility for completion of a program was terminated by the
                  institution, and, if so, the reasons for termination;

                      (b) a complete list of prior school employers; and
                      (c) a release on a form provided by the administrator permitting the office to obtain records
                  from other jurisdictions and from institutions of higher education attended by the applicant, including
                  expunged or otherwise protected records, relating to any offense described substantially in the same
                  language as in Subsection 53A-6-401 (4).
                      [(2)] (3) If the applicant's certificate, license, or authorization as an educator in any other
                  jurisdiction is under investigation, has expired or been surrendered, suspended or revoked, or is
                  currently not valid for any other reason, [then] the office may not grant the requested license,
                  renewal, or reinstatement until it has received confirmation from the administrator of professional
                  certification in that jurisdiction that the applicant would be eligible for certification or licensure in that
                  jurisdiction.
                      [(3)] (4) The office may not withhold a license for the sole reason that the applicant would
                  be ineligible for certification, licensure, or authorization in the jurisdiction referred to in Subsection
                  [(2)] (3) because of failure to meet current requirements in that jurisdiction relating to education, time
                  in service, or residence.

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