Utah Code Ann. § 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)
1. (a) The state board shall provide the appropriate administrator of a public or private school or of an agency outside the state that is responsible for licensing or certifying educational personnel with a recommendation or other information possessed by the state board that has significance in evaluating the employment or license of:
  1. (i) a current or prospective school employee;
  2. (ii) an educator or education license holder; or
  3. (iii) a license applicant.
2. (b) Information supplied under Subsection (1)(a) shall include:
  1. (i) the complete record of a hearing; and
  2. (ii) the investigative report for matters that:
    1. (A) the educator has had an opportunity to contest; and
    2. (B) did not proceed to a hearing.
(2) At the request of the state board, an administrator of a public school or school district shall, and an administrator of a private school may, provide the state board with a recommendation or other information possessed by the school or school district that has significance in evaluating the:
1. (a) license of an educator or education license holder; or
2. (b) potential licensure of a license applicant.
(3) If the state board decides to deny licensure or to take action against an educator's license based upon information provided under this section, the state board shall:
1. (a) give notice of the information to the educator or license applicant; and
2. (b) afford the educator or license applicant an opportunity to respond to the information.
(4) A person who, in good faith, provides a recommendation or discloses or receives information under this section is exempt from civil and criminal liability relating to that recommendation, receipt, or disclosure.

Amended by Chapter 186, 2019 General Session