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H.B. 303
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DISCLOSURE OF INFORMATION RELATING
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TO PRIOR SCHOOL EMPLOYMENT
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Sheryl L. Allen
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AN ACT RELATING TO PUBLIC SCHOOLS; PROVIDING THAT AN APPLICANT FOR A
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TEACHER'S LICENSE PROVIDE THE LICENSING AUTHORITY WITH AN AFFIDAVIT
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LISTING THE HIGHER EDUCATION INSTITUTIONS ATTENDED BY THE APPLICANT
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AND WHETHER THE APPLICANT'S ENROLLMENT OR ELIGIBILITY FOR COMPLETION
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OF A PROGRAM WAS TERMINATED BY THE INSTITUTIONS, AND THE REASONS FOR
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THE TERMINATION; AND REQUIRING A RELEASE FROM AN APPLICANT TO OBTAIN
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RECORDS REGARDING THE APPLICANT'S PAST CONDUCT FROM INSTITUTIONS OF
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HIGHER EDUCATION AND FORMER SCHOOL EMPLOYERS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53A-6-404, as enacted by Chapter 108, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-6-404
is amended to read:
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53A-6-404. Certification in other jurisdictions -- Impact on licensing in Utah.
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(1) An applicant for a license, renewal of a license, or reinstatement of a license shall
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provide the administrator of teacher licensing with an affidavit, stating under oath the current
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status of any certificate, license, or other authorization required for a professional position in
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education, which the applicant holds or has held in any other jurisdiction.
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(2) An applicant for a license who has held a teacher's license in any other jurisdiction or
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who graduated from an institution of higher education in another state shall also provide the
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administrator of teacher licensing with:
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(a) a complete listing of the higher education institutions attended by the applicant,
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whether the applicant's enrollment or eligibility for completion of a program was terminated by
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the institution, and, if so, the reasons for termination;
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(b) a complete list of prior school employers; and
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(c) a release on a form provided by the administrator permitting the office to obtain records
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from other jurisdictions and from institutions of higher education attended by the applicant,
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including expunged or otherwise protected records, relating to any offense described substantially
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in the same language as in Subsection
53A-6-401
(4).
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[(2)] (3) If the applicant's certificate, license, or authorization as an educator in any other
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jurisdiction is under investigation, has expired or been surrendered, suspended or revoked, or is
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currently not valid for any other reason, [then] the office may not grant the requested license,
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renewal, or reinstatement until it has received confirmation from the administrator of professional
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certification in that jurisdiction that the applicant would be eligible for certification or licensure
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in that jurisdiction.
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[(3)] (4) The office may not withhold a license for the sole reason that the applicant would
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be ineligible for certification, licensure, or authorization in the jurisdiction referred to in
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Subsection [(2)] (3) because of failure to meet current requirements in that jurisdiction relating to
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education, time in service, or residence.
Legislative Review Note
as of 1-25-00 8:11 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.