53A-3-421 - Professional competence or performance -- Administrative hearing by local school board -- Action on complaint.
53A-3-421. Professional competence or performance -- Administrative hearing bylocal school board -- Action on complaint.
(1) (a) No civil action by or on behalf of a student relating to the professional competenceor performance of a licensed employee of a school district, or to the discipline of students by alicensed employee, application of in loco parentis, or a violation of ethical conduct by anemployee of a school district, may be brought in a court until at least 60 days after the filing of awritten complaint with the local board of education of the district, or until findings have beenissued by the local board after a hearing on the complaint, whichever is sooner.
(b) As used in Subsection (1)(a), "in loco parentis" means the power of professionalschool personnel to exercise the rights, duties, and responsibilities of a reasonable, responsibleparent in dealing with students in school-related matters.
(c) A parent of a student has standing to file a civil action against an employee whoprovides services to a school attended by the student.
(2) Within 15 days of receiving a complaint under Subsection (1), a local school boardmay elect to refer the complaint to the State Board of Education.
(3) If a complaint is referred to the board, no civil action may be brought in a court onmatters relating to the complaint until the board has provided a hearing and issued its findings oruntil 90 days after the filing of the complaint with the local school board, whichever is sooner.
Enacted by Chapter 108, 1999 General Session