Educator License Amendments

10
53E-6-603
53E-6-604
53E-6-604.5
53E-6-607
53E-6-901
0
Educator License Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: John D. Johnson
House Sponsor: Doug Welton
LONG TITLE
General Description:
This bill modifies provisions relating to educator license discipline and restrictions on
employment and volunteer service.
Highlighted Provisions:
This bill:
amends provisions relating to ineligibility for educator licensure following license denial;
establishes a tiered framework for restrictions on employment and volunteer service
following license suspension or revocation;
requires automatic restrictions for serious misconduct involving actual harm or credible
risk to children;
requires written findings demonstrating specific risk for restrictions in other cases;
exempts technical violations from automatic work and volunteer restrictions;
enacts provisions governing restrictions on employment and volunteer service following
disciplinary action;
modifies notice requirements for disciplinary proceedings; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-6-603
, as last amended by Laws of Utah 2020, Chapter 327
53E-6-604
, as last amended by Laws of Utah 2024, Chapter 20
53E-6-607
, as last amended by Laws of Utah 2019, Chapter 186
53E-6-901
, as last amended by Laws of Utah 2024, Chapter 22
ENACTS:
53E-6-604.5
, Utah Code Annotated 1953
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:
(i)
is not enrolled in an adult education program in an LEA;
(ii)
is not a minor; and
(iii)
(A)
is enrolled in an LEA where the license applicant or educator is 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.
(3)
(a)
If an individual is ineligible for licensure under Subsection
(2)
, a public school
may not:
(i)
employ the individual in the public school in a paid or unpaid capacity; or
(ii)
allow the individual to volunteer in the public school.
(b)
If an individual is ineligible for licensure under Subsection
(1)
for conduct that does
not fall within Subsection
(2)
, the restriction described in Subsection
(3)(a)
applies
only if:
(i)
the conduct underlying the ineligibility determination involved:
(A)
actual physical, emotional, or psychological harm to a child;
(B)
a credible risk of harm to a child;
(C)
sexual misconduct, grooming, or boundary violations;
(D)
abuse, exploitation, violence, or serious endangerment; or
(E)
conduct demonstrating an ongoing threat to student safety; or
(ii)
the state board issues written findings demonstrating:
(A)
a specific, articulable risk to students or the school environment; and
(B)
that a lesser restriction is insufficient to protect student safety.
(c)
The restriction described in Subsection
(3)(a)
does not apply automatically to an
individual who is ineligible for licensure under Subsection
(1)
if the underlying
conduct involved:
(i)
administrative or documentation errors;
(ii)
procedural or communication failures;
(iii)
record keeping mistakes;
(iv)
unintentional misstatements unrelated to student safety; or
(v)
technical violations that lack evidence of actual harm or credible risk of harm to
students.
(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
(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:
(i)
is not enrolled in an adult education program in an LEA;
(ii)
is not a minor; and
(iii)
(A)
is enrolled in an LEA where the educator is 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:
(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
(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.
(e)
If the state board suspends or revokes an educator's license under this section, the
state board shall determine whether the restrictions described in Section
53E-6-604.5

apply to the educator.
(6)
Notwithstanding any other provision in this section, the state board shall make rules, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that
require an LEA to notify the state board, UPPAC, and the educator of a complaint from
a parent against an educator alleging a violation of educator licensing standards.
Section 3. Section
53E-6-604.5
is enacted to read:
53E-6-604.5
. Restrictions on employment and volunteer service following license
suspension or revocation.
(1)
As used in this section:
(a)
"Qualifying serious misconduct" means conduct that:
(i)
caused actual physical, emotional, or psychological harm to a child;
(ii)
created a credible risk of harm to a child;
(iii)
involved sexual misconduct, grooming, or boundary violations;
(iv)
involved abuse, exploitation, violence, or serious endangerment; or
(v)
demonstrates an ongoing threat to student safety.
(b)
"Technical violation" means conduct that:
(i)
involved administrative or documentation errors;
(ii)
involved procedural or communication failures;
(iii)
involved record keeping mistakes;
(iv)
involved unintentional misstatements unrelated to student safety; or
(v)
constituted a technical violation of licensing standards that lacks evidence of
actual harm or credible risk of harm to students.
(2)
(a)
Beginning with cases opened on or after May 6, 2026, if the state board revokes
an educator's license under Subsection
53E-6-604(5)(b)
or for qualifying serious
misconduct, a public school may not:
(i)
employ the educator in the public school in a paid or unpaid capacity; or
(ii)
allow the educator to volunteer in the public school.
(b)
The restriction described in Subsection
(2)(a)
applies automatically upon the
effective date of the license revocation.
(3)
(a)
If the state board revokes an educator's license for conduct that does not constitute
qualifying serious misconduct under Subsection
(2)
, the restriction described in
Subsection
(2)(a)
applies only if the state board issues written findings that:
(i)
identify a specific, articulable risk to students or the school environment based on
the educator's conduct; and
(ii)
explain why a lesser restriction is insufficient to protect student safety.
(b)
If the state board does not issue the written findings described in Subsection
(3)(a)
, a
public school may employ the educator in a capacity that does not require a license or
allow the educator to volunteer in the public school, subject to:
(i)
the public school's employment and volunteer policies; and
(ii)
any other applicable employment or volunteer screening requirements the LEA
establishes.
(4)
(a)
If the state board suspends an educator's license for qualifying serious misconduct,
a public school may not, during the period of suspension:
(i)
employ the educator in the public school in a paid or unpaid capacity; or
(ii)
allow the educator to volunteer in the public school.
(b)
The restriction described in Subsection
(4)(a)
applies automatically upon the
effective date of the license suspension.
(5)
(a)
If the state board suspends an educator's license for conduct that does not
constitute qualifying serious misconduct under Subsection
(4)
, the restriction
described in Subsection
(4)(a)
applies during the period of suspension only if the
state board issues written findings that:
(i)
identify a specific, articulable risk to students or the school environment based on
the educator's conduct; and
(ii)
explain why allowing the educator to work or volunteer in a public school during
the suspension period, even in a capacity not requiring a license, would be
insufficient to protect student safety.
(b)
If the state board does not issue the written findings described in Subsection
(5)(a)
,
the educator may, during the period of suspension:
(i)
work in a public school in a capacity that does not require a license; or
(ii)
volunteer in a public school, subject to any other applicable employment or
volunteer screening requirements.
(6)
The state board may not issue a restriction described in Subsection
(2)(a)
or
(4)(a)
for a
technical violation unless:
(a)
the educator engaged in a pattern of repeated technical violations that demonstrates
disregard for licensing standards; and
(b)
the state board issues written findings that:
(i)
document the pattern of repeated violations;
(ii)
identify a specific, articulable risk to students or the school environment; and
(iii)
explain why a lesser sanction is insufficient.
(7)
(a)
The written findings required under Subsections
(3)(a)
, (5)(a), and (6)(b) shall:
(i)
be based on evidence presented during the UPPAC hearing or investigation;
(ii)
address the specific circumstances of the educator's conduct;
(iii)
consider any mitigating factors; and
(iv)
explain the basis for the determination that the restriction is necessary and
proportional.
(b)
The state board shall provide the educator with a copy of the written findings
required under this section.
(8)
This section does not limit:
(a)
the authority of a public school to establish and enforce employment and volunteer
policies that are more restrictive than the requirements of this section;
(b)
the authority of the state board to impose conditions or restrictions on an educator's
license under Subsection
53E-6-604(5)(a)(v)
or
(vii)
; or
(c)
the requirement under Section
53E-6-201
that an individual employed in a position
requiring licensure hold an appropriate license.
(9)
Nothing in this section:
(a)
permits an individual to work in a position requiring licensure without holding the
appropriate license as required by Section
53E-6-201
;
(b)
prohibits the board from establishing rules regarding conduct that is not a qualifying
serious misconduct or a technical violation; and
(c)
prohibits the state board from considering aggravating or mitigating factors that may
vary in each case.
Section 4. Section
53E-6-607
is amended to read:
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 before a hearing with:
(a)
notice of the hearing;
(b)
the law, rule, or policy alleged to have been violated;
(c)
sufficient information about the allegations and the evidence to be presented in
support of the allegations to permit the accused party to prepare a meaningful
defense;
and
(d)
a copy of the policies under which the hearing will be conducted
.
; and
(e)
if the proceeding may result in suspension or revocation of a license:
(i)
a statement explaining the potential restrictions on employment and volunteer
service under Section
53E-6-604.5
;
(ii)
a statement of the circumstances under which the restrictions apply automatically;
and
(iii)
a statement of the circumstances under which the restrictions require written
findings by the state board.
(3)
If an accused party fails to request a hearing within 30 days after written notice is sent
to the party's address as shown on the records of the local school board, for actions taken
under the auspices of a local school board, or on the records of the state board, for
actions taken under the auspices of the state board, then the accused party shall be
considered to have waived the right to a hearing and the action may proceed without
further delay.
(4)
Hearing fact finders shall use the preponderance of evidence standard in deciding all
questions unless a higher standard is required by law.
(5)
Unless otherwise provided in this public education code, the decisions of state and local
school boards are final determinations under this section, appealable to the appropriate
court for review.
Section 5. Section
53E-6-901
is amended to read:
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 substitute teachers, school districts shall prioritize licensed educators as
substitutes when available.
(3)
An individual shall submit to a background check in accordance with Section
53G-11-402
prior to employment as a substitute teacher.
(4)
A teacher's position in the classroom may not be filled by a non-licensed substitute
teacher for more than a total of 20 days during any school year unless a licensed
educator is not available.
(5)
An individual
who is ineligible to hold a license for reasons described in Title 53E,
Chapter 6, Part 6, License Denial and Discipline,
may not serve as a substitute teacher
.

if:
(a)
the individual is ineligible to hold a license under Section
53E-6-603
; or
(b)
the individual's license has been suspended or revoked and the restrictions described
in Section
53E-6-604.5
apply to the individual.
Section 6.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-6-26 5:49 PM