2015 Utah Code
Title 53A - State System of Public Education
Chapter 6 - Educator Licensing and Professional Practices Act
Part 3 - Utah Professional Practices Advisory Commission
Section 306 - UPPAC duties and procedures.

Effective 7/1/2015
53A-6-306. UPPAC duties and procedures.

• (1) The board may direct UPPAC to review a complaint about an educator and recommend that the board:
  • (a) dismiss the complaint; or
  • (b) investigate the complaint in accordance with this section.

• (2)
  • (a) The 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 board; and
    • (ii) make a recommendation for 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 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 53A-6-603 administer oaths and issue subpoenas; or
    • (ii) receive evidence related to an alleged offense, including sealed or expunged records released to the board under Section 77-40-109.
  • (d) If UPPAC finds that reasonable cause exists during an investigation, UPPAC may recommend that the board initiate a background check on an educator as described in Section 53A-15-1504.
  • (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 board may direct UPPAC to:
  • (a) recommend to the 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 board for board action;
  • (b) recommend to the 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 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 board shall make rules establishing UPPAC duties and procedures.

Repealed and Re-enacted by Chapter 311, 2015 General Session
Amended by Chapter 311, 2015 General Session, (Coordination Clause)
Amended by Chapter 389, 2015 General Session

Repeal and reenact in HB345, Chapter 311, takes precedence.