Title 53E, Title 53E: Public Education System -- State Administration

53E-6-1101. Article II -- Definitions. (1) As used in this compact, and except as otherwise provided, the following definitions shall govern the terms herein: "Active military member" means any person with full-time duty status in the armed forces of the United States, including …

53E-6-1102. Article III -- Licensure under the compact. (1) Licensure under this compact pertains only to the initial grant of a license by the receiving state. Nothing herein applies to any subsequent or ongoing compliance requirements that a receiving state might require for te…

53E-6-1103. Article IV -- Licensure not under the compact. (1) Except as provided in Section, nothing in this compact shall be construed to limit or inhibit the power of a member state to regulate licensure or endorsements overseen by the member state's licensing authority. 53E-6…

53E-6-1104. Article V -- Teacher qualifications and requirements for licensure under the compact. (1) Except as provided for active military members or eligible military spouses in Subsection, a teacher may only be eligible to receive a license under this compact where that teach…

53E-6-1105. Article VI -- Discipline and adverse actions. (1) Nothing in this Compact shall be deemed or construed to limit the authority of a member state to investigate or impose disciplinary measures on teachers according to the state practice laws thereof. (2) Member states s…

53E-6-1106. Article VII -- Establishment of the Interstate Teacher Mobility Compact Commission. (1) The interstate compact member states hereby create and establish a joint public agency known as the Interstate Teacher Mobility Compact Commission: the commission is a joint inters…

53E-6-1107. Article VIII -- Rulemaking. (1) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this interstate compact and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amend…

53E-6-1108. Article IX -- Facilitating information exchange. (1) The commission shall provide for facilitating the exchange of information to administer and implement the provisions of this compact in accordance with the rules of the commission, consistent with generally accepted…

53E-6-1109. Article X -- Oversight, dispute resolution, and enforcement. (1) The executive and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The…

53E-6-1110. Article XI -- Effectuation, withdrawal, and amendment. (1) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. On or after the effective date of the compact, the commission shall convene and review…

53E-6-1111. Article XII -- Construction and severability. (1) This compact shall be liberally construed to effectuate the purposes thereof. (2) The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be co…

53E-6-1112. Article XIII -- Consistent effect and conflict with other state laws. (1) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact. (2) Any laws, statutes, regulations, or other legal requirem…

53E-6-201. State board licensure. (1) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a system for educator licensing that includes: an associate educator license that permits an individual to provide educ…

53E-6-204. Exemptions from licensure. (1) Except as otherwise provided by statute or rule, a spouse of an individual serving in the armed forces of the United States or the spouse of a DOD civilian while the individual or DOD civilian is stationed within this state may work as an…

53E-6-205. License by endorsement. (1) Subject to Subsectionsthrough, the state board shall issue a license to an applicant who has been issued a certificate in another state, district, or territory of the United States if: (3) (6) the state board determines that the certificate …

53E-6-206. Expansion of traditional and alternative programs for teacher training. (1) By July 1, 2028, the state board and the Utah Board of Higher Education, in consultation with administrators and staff directly responsible for hiring licensed educators at an LEA or regional e…

53E-6-301. Qualifications of applicants for licenses -- Changes in qualifications. (1) As used in this section: "Literacy preparation assessment" means an examination that evaluates an individual's knowledge of the science of reading, related to literacy instruction for an indivi…

53E-6-302. Educator preparation programs. (1) As used in this section: "Center" means the Center for the School of the Future at Utah State University established in Section. 53H-4-304 "Educator preparation program" means: a university teacher education program; or a program that…

53E-6-303. Prohibition on use of degrees or credit from unapproved institutions. (1) An individual may not use a postsecondary degree or credit awarded by a postsecondary institution or program to gain a license, employment, or any other benefit within the public school system un…

53E-6-307. 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…

53E-6-401. Background checks. In accordance with Section, the state board shall require a license applicant to submit to a criminal background check and ongoing monitoring as a condition for licensing.

53E-6-402. State board-required licensing or employment recommendations -- Local public school-required licensing recommendations -- Notice requirements for affected parties -- Exemption from liability. (1) The state board shall provide the appropriate administrator of a public o…

53E-6-403. Tie-in with the Criminal Investigations and Technical Services Division. (1) The state board shall: designate employees to act, with state board supervision, as an online terminal agency with the Department of Public Safety's Criminal Investigations and Technical Servi…

53E-6-501. Utah Professional Practices Advisory Commission established. The Utah Professional Practices Advisory Commission, UPPAC, is established to assist and advise the state board in matters relating to the professional practices of educators.

53E-6-502. UPPAC members -- Executive secretary. (1) UPPAC shall consist of a nonvoting executive secretary and 11 voting members, nine of whom shall be licensed educators in good standing, and two of whom shall be members nominated by the education organization within the state …

53E-6-503. Nominations -- Appointment of commission members -- Reappointments. (1) The state board shall adopt rules establishing procedures for nominating and appointing individuals to voting membership on UPPAC. Nomination petitions must be filed with the state superintendent p…

53E-6-504. Filling of vacancies. (1) A UPPAC vacancy occurs if a member resigns, fails to attend three or more meetings during a calendar year, or no longer meets the requirements for nomination and appointment. (2) If a vacancy occurs, the state superintendent shall appoint a su…

53E-6-505. Meetings and expenses of UPPAC members. (1) UPPAC shall meet at least quarterly and at the call of the chair or of a majority of the members. (2) Members of UPPAC serve without compensation but are allowed reimbursement for actual and necessary expenses under the rules…

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: dismiss the complaint; or investigate the complaint in accordance with this section. (2) The state board may direct UPPAC to: i…

53E-6-601. Definition. As used in this part "hearing" means a proceeding held in accordance with generally accepted principles of due process and administrative law in which definite issues of fact or of law are tried before a hearing body, and in which proceeding evidence is pre…

53E-6-602. Licensing power of the state board -- Licensing final action -- Appeal rights. (1) The state board holds the power to license educators. (2) The state board shall take final action with regard to an educator license. An entity other than the state board may not take fi…

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 re…

53E-6-604. State board disciplinary action against an educator. (1) 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: is immoral…

53E-6-604.5. Restrictions on employment and volunteer service following license suspension or revocation. (1) As used in this section: "Qualifying serious misconduct" means conduct that: caused actual physical, emotional, or psychological harm to a child; created a credible risk …

53E-6-605. Designation of hearing officer or panel -- Review of findings. (1) UPPAC or a state or local school board charged with responsibility for conducting a hearing may conduct the hearing itself or appoint a hearing officer or panel to conduct the hearing and make recommend…

53E-6-606. Administering of oaths -- Issuance of subpoenas. (1) UPPAC or a state or local school board charged with responsibility for conducting an investigation or a hearing under this chapter may administer oaths and issue subpoenas in connection with the investigation or hear…

53E-6-607. Policies for conducting hearings -- Standard of proof. (1) The state board and each local school board shall adopt policies for the conduct of hearings to ensure that requirements of due process are met. (2) An accused party shall be provided not less than 15 days befo…

53E-6-701. Mandatory reporting of physical or sexual abuse of students. (1) For purposes of this section, "educator" means, in addition to a person included under Section, a person, including a volunteer or temporary employee, who at the time of an alleged offense was performing …

53E-6-702. Reimbursement of legal fees and costs to educators. (1) As used in this section: "Action" means any action, except those referred to in Section, brought against an educator by an individual or entity other than: 52-6-201 the entity who licenses the educator; and the LE…

53E-6-703. Professional competence or performance -- Administrative hearing by local school board -- Action on complaint. (1) No civil action by or on behalf of a student relating to the professional competence or performance of a licensed employee of a school district, or to the…

53E-6-801. Mediation of contract negotiations. (1) The president of a professional local organization which represents a majority of the licensed employees of a school district or the chairman or president of a local school board may, after negotiating for 90 days, declare an imp…

53E-6-802. Appointment of hearing officer -- Hearing process. (1) If a mediator appointed under Sectionis unable to effect settlement of the controversy within 15 working days after his appointment, either party to the mediation may by written notification to the other party and …

53E-6-901. Substitute teachers. (1) As used in this section, "substitute teacher" means a licensed or non-licensed individual who is employed by a school district to fill in for a regular classroom teacher during the teacher's temporary absence from the classroom. (2) When hiring…

53E-6-902. Teacher leaders. (1) As used in this section, "teacher" means an educator who has an assignment to teach in a classroom. (2) There is created the role of a teacher leader to: work with a student teacher and a teacher who supervises a student teacher; assist with the tr…

53E-6-903. STEM education endorsements and incentive program. (1) As used in this section, "STEM" means science, technology, engineering, and mathematics. (2) The state board shall: develop STEM education endorsements; and create and implement financial incentives for: an educato…