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: found pursuant to a criminal, civil, or administrative matter after reasonable opportunity for the applicant to contest the allegation; and considered, as behavior of an educator, to be: immoral, unprofessional, or incompetent behavior; or 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: was convicted of a felony of a sexual nature; pled guilty to a felony of a sexual nature; entered a plea of no contest to a felony of a sexual nature; entered a plea in abeyance to a felony of a sexual nature; was convicted of a sexual offense under, against a minor child; Title 76, Chapter 5, Part 4, Sexual Offenses engaged in sexually explicit conduct, as defined in Section, with a student who is a minor; 76-5b-103 engaged in sexually explicit conduct, as defined in Section, with a student who: 76-5b-103 is not enrolled in an adult education program in an LEA; is not a minor; and is enrolled in an LEA where the license applicant or educator is employed; or is a participant in an extracurricular program in which the educator is involved; or admits to the state board or UPPAC that the license applicant or educator committed conduct that amounts to: a felony of a sexual nature; or a sexual offense or sexually explicit conduct described in Subsection,, or. (2)(e) (f) (g)
(3) If an individual is ineligible for licensure under Subsection, a public school may not: (2) employ the individual in the public school in a paid or unpaid capacity; or allow the individual to volunteer in the public school. If an individual is ineligible for licensure under Subsectionfor conduct that does not fall within Subsection, the restriction described in Subsectionapplies only if: (1) (2) (3)(a) the conduct underlying the ineligibility determination involved: actual physical, emotional, or psychological harm to a child; a credible risk of harm to a child; sexual misconduct, grooming, or boundary violations; abuse, exploitation, violence, or serious endangerment; or conduct demonstrating an ongoing threat to student safety; or the state board issues written findings demonstrating: a specific, articulable risk to students or the school environment; and that a lesser restriction is insufficient to protect student safety. The restriction described in Subsectiondoes not apply automatically to an individual who is ineligible for licensure under Subsectionif the underlying conduct involved: (3)(a) (1) administrative or documentation errors; procedural or communication failures; record keeping mistakes; unintentional misstatements unrelated to student safety; or technical violations that lack evidence of actual harm or credible risk of harm to students.
(4) If the state board denies licensure under this section, the state board shall immediately notify the applicant of: the denial; and the applicant's right to request a hearing before UPPAC. Upon receipt of a notice described in Subsection, 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. (4)(a) If the state board receives a request for a hearing described in Subsection, the state board shall direct UPPAC to hold a hearing. (4)(b)