Utah Code § 53E-6-506

Current through the 2024 Fourth Special Session

Section 53E-6-506 - UPPAC duties and procedures

(1) The state board may direct UPPAC to review a complaint about an educator and recommend that the state board:

(a) dismiss the complaint; or

(b) investigate the complaint in accordance with this section.

(2)

(a) The state board may direct UPPAC to:

(i) in accordance with this section, investigate a complaint's allegation or decision; or

(ii) hold a hearing.

(b) UPPAC may initiate a hearing as part of an investigation.

(c) Upon completion of an investigation or hearing, UPPAC shall:

(i) provide findings to the state board; and

(ii) make a recommendation for state board action.

(d) UPPAC may not make a recommendation described in Subsection (2)(c)(ii) to adversely affect an educator's license unless UPPAC gives the educator an opportunity for a hearing.

(3)

(a) The state board may:

(i) select an independent investigator to conduct a UPPAC investigation with UPPAC oversight; or

(ii) authorize UPPAC to select and oversee an independent investigator to conduct an investigation.

(b) In conducting an investigation, UPPAC or an independent investigator shall conduct the investigation independent of and separate from a related criminal investigation.

(c) In conducting an investigation, UPPAC or an independent investigator may:

(i) in accordance with Section 53E-6-606 administer oaths and issue subpoenas; or

(ii) receive evidence related to an alleged offense, including sealed or expunged records released to the state board under Section 77-40a-403.

(d) If UPPAC finds that reasonable cause exists during an investigation, UPPAC may recommend that the state board initiate a background check on an educator as described in Section 53G-11-403.

(e) UPPAC has a rebuttable presumption that an educator committed a sexual offense against a minor child if the educator voluntarily surrendered a license or certificate or allowed a license or certificate to lapse in the face of a charge of having committed a sexual offense against a minor child.

(4) The state board may direct UPPAC to:

(a) recommend to the state board procedures for:

(i) receiving and processing complaints;

(ii) investigating a complaint's allegation or decision;

(iii) conducting hearings; or

(iv) reporting findings and making recommendations to the state board for state board action;

(b) recommend to the state board or a professional organization of educators:

(i) standards of professional performance, competence, and ethical conduct for educators; or

(ii) suggestions for improvement of the education profession; or

(c) fulfill other duties the state board finds appropriate.

(5) UPPAC may not participate as a party in a dispute relating to negotiations between:

(a) a school district and the school district's educators; or

(b) a charter school and the charter school's educators.

(6) The state board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish UPPAC duties and procedures.

Utah Code § 53E-6-506

Amended by Chapter 20, 2024 General Session ,§ 8, eff. 5/1/2024.

Amended by Chapter 250, 2022 General Session ,§ 3, eff. 5/4/2022.

Amended by Chapter 186, 2019 General Session ,§ 107, eff. 5/14/2019.

Renumbered from § 53A-6-306 and amended by Chapter 1, 2018 General Session ,§ 155, eff. 1/24/2018.

Amended by Chapter 311, 2015 General Session ,§ 10, eff. 7/1/2015.

Repealed and reenacted by Chapter 311, 2015 General Session ,§ 1, eff. 7/1/2015.

Amended by Chapter 389, 2015 General Session ,§ 8, eff. 7/1/2015.

Amended by Chapter 283, 2010 General Session

Affected by 63I-1-253 on 7/1/2023