Bill Summary – FastDemocracy

Enrolled Copy                                                                           H.B. 416
                   PENALTIES FOR MISCONDUCT WITH STUDENTS
                                        2020 GENERAL SESSION
                                            STATE OF UTAH
                               Chief Sponsor: Candice B. Pierucci
                               Senate Sponsor: Deidre M. Henderson
 Cosponsors:                           Eric K. Hutchings Susan Pulsipher
 Cheryl K. Acton Dan N. Johnson Angela Romero
 Brady Brammer Marsha Judkins
 Kim F. Coleman Karianne Lisonbee
 Sandra Hollins Lee B. Perry
11
 LONG TITLE
 General Description:
        This bill amends penalties for an educator who engages in misconduct with students.
 Highlighted Provisions:
        This bill:
        < imposes penalties for an educator or license applicant who engages in sexually
 explicit conduct with a student who:
            C     is not a minor;
            C     is not enrolled in an adult education program; and
            C     is enrolled at a school where a license applicant or educator is employed or is a
 participant in an extracurricular activity in which the educator is involved.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
       H.B. 416                                                                       Enrolled Copy
        53E-6-603, as last amended by Laws of Utah 2019, Chapter 186
        53E-6-604, as last amended by Laws of Utah 2019, Chapter 186
31
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53E-6-603 is amended to read:
        53E-6-603. Ineligibility for educator license.
        (1) The state board may refuse to issue a license to a license applicant if the state board
 finds good cause for the refusal, including behavior of the applicant:
        (a) found pursuant to a criminal, civil, or administrative matter after reasonable
 opportunity for the applicant to contest the allegation; and
        (b) considered, as behavior of an educator, to be:
        (i) immoral, unprofessional, or incompetent behavior; or
        (ii) a violation of standards of ethical conduct, performance, or professional
 competence.
        (2) The state board may not issue, renew, or reinstate an educator license if the license
 applicant or educator:
        (a) was convicted of a felony of a sexual nature;
        (b) pled guilty to a felony of a sexual nature;
        (c) entered a plea of no contest to a felony of a sexual nature;
        (d) entered a plea in abeyance to a felony of a sexual nature;
        (e) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual
 Offenses, against a minor child;
        (f) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
 student who is a minor;
        (g) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
 student who [is]:
        (i) is not enrolled in an adult education program in an LEA;
        [(i)] (ii) is not a minor; and
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       Enrolled Copy                                                                              H.B. 416
           [(ii)] (iii) (A) is enrolled in [a school] an LEA where the license applicant or educator
 is [or was] employed; or
           (B) is a participant in an extracurricular program in which the educator is involved; or
           (h) admits to the state board or UPPAC that the license applicant or educator
 committed conduct that amounts to:
           (i) a felony of a sexual nature; or
           (ii) a sexual offense or sexually explicit conduct described in Subsection (2)(e), (f), or
 (g).
           (3) If an individual is ineligible for licensure under Subsection (1) or (2), a public
 school may not:
           (a) employ the person in the public school; or
           (b) allow the person to volunteer in the public school.
           (4) (a) If the state board denies licensure under this section, the state board shall
 immediately notify the applicant of:
           (i) the denial; and
           (ii) the applicant's right to request a hearing before UPPAC.
           (b) Upon receipt of a notice described in Subsection (4)(a), an applicant may, within 30
 days after the day on which the applicant received the notice, request a hearing before UPPAC
 for the applicant to review and respond to all evidence upon which the state board based the
 denial.
           (c) If the state board receives a request for a hearing described in Subsection (4)(b), the
 state board shall direct UPPAC to hold a hearing.
           Section 2. Section 53E-6-604 is amended to read:
           53E-6-604. State board disciplinary action against an educator.
           (1) (a) The state board shall direct UPPAC to investigate an allegation, administrative
 decision, or judicial decision that evidences an educator is unfit for duty because the educator
 exhibited behavior that:
           (i) is immoral, unprofessional, or incompetent; or
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        H.B. 416                                                                         Enrolled Copy
          (ii) violates standards of ethical conduct, performance, or professional competence.
          (b) If the state board determines an allegation or decision described in Subsection
 (1)(a) does not evidence an educator's unfitness for duty, the state board may dismiss the
 allegation or decision without an investigation or hearing.
          (2) The state board shall direct UPPAC to investigate and allow an educator to respond
 in a UPPAC hearing if the state board receives an allegation that the educator:
          (a) was charged with a felony of a sexual nature;
          (b) was convicted of a felony of a sexual nature;
          (c) pled guilty to a felony of a sexual nature;
          (d) entered a plea of no contest to a felony of a sexual nature;
          (e) entered a plea in abeyance to a felony of a sexual nature;
          (f) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual
 Offenses, against a minor child;
          (g) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
 student who is a minor; or
          (h) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
 student who [is]:
          (i) is not enrolled in an adult education program in an LEA;
          [(i)] (ii) is not a minor; and
          [(ii)] (iii) (A) is enrolled in [a school] an LEA where the educator is [or was]
 employed[.]; or
          (B) is a participant in an extracurricular program in which the educator is involved.
          (3) Upon notice that an educator allegedly violated Section 53E-6-701, the state board
 shall direct UPPAC to:
          (a) investigate the alleged violation; and
          (b) hold a hearing to allow the educator to respond to the allegation.
          (4) Upon completion of an investigation or hearing described in this section, UPPAC
 shall:
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       Enrolled Copy                                                                           H.B. 416
        (a) provide findings to the state board; and
        (b) make a recommendation for state board action.
        (5) (a) Except as provided in Subsection (5)(b), upon review of UPPAC's findings and
 recommendation, the state board may:
        (i) revoke the educator's license;
        (ii) suspend the educator's license;
        (iii) restrict or prohibit the educator from renewing the educator's license;
        (iv) warn or reprimand the educator;
        (v) enter into a written agreement with the educator that requires the educator to
 comply with certain conditions;
        (vi) direct UPPAC to further investigate or gather information; or
        (vii) take other action the state board finds to be appropriate for and consistent with the
 educator's behavior.
        (b) Upon review of UPPAC's findings and recommendation, the state board shall
 revoke the license of an educator who:
        (i) was convicted of a felony of a sexual nature;
        (ii) pled guilty to a felony of a sexual nature;
        (iii) entered a plea of no contest to a felony of a sexual nature;
        (iv) entered a plea in abeyance to a felony of a sexual nature;
        (v) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual
 Offenses, against a minor child;
        (vi) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
 student who is a minor;
        (vii) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a
 student who:
        (A) is not enrolled in an adult education program in an LEA;
        (B) is not a minor; and[:]
        [(A) not a minor; and]
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        H.B. 416                                                                       Enrolled Copy
         [(B) enrolled in a school where the educator is or was employed; or]
         (C) is enrolled in an LEA where the educator is employed or is a participant in an
 extracurricular program in which the educator is involved; or
         (viii) admits to the state board or UPPAC that the applicant committed conduct that
 amounts to:
         (A) a felony of a sexual nature; or
         (B) a sexual offense or sexually explicit conduct described in Subsection (5)(b)(v), (vi),
 or (vii).
         (c) The state board may not reinstate a revoked license.
         (d) Before the state board takes adverse action against an educator under this section,
 the state board shall ensure that the educator had an opportunity for a UPPAC hearing.
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Statutes affected: 
Introduced: 53E-6-603, 53E-6-604
Enrolled: 53E-6-603, 53E-6-604
Amended: 53E-6-603, 53E-6-604