Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 416 Second Substitute (2020GS)

Sponsor

Rep. Pierucci, C.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• imposes penalties for an educator or license applicant who engages in sexually explicit conduct with a student who:
• is not a minor;
• is not enrolled in an adult education program; and
• 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.

Every vote on this bill

Bill text

PENALTIES FOR MISCONDUCT WITH STUDENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: 
Deidre M. Henderson
Cosponsors:
Cheryl K. Acton
Brady Brammer
Kim F. Coleman
Sandra Hollins
Eric K. Hutchings
Dan N. Johnson
Marsha Judkins
Karianne Lisonbee
Lee B. Perry
Susan Pulsipher
Angela Romero
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:
• is not a minor;
• is not enrolled in an adult education program; and
• 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:
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
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
[
(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
(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:
(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
]
[
(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.