53A-6-402 - Evaluation information on current or prospective school employees -- Notice to employee -- Exemption from liability.
53A-6-402. Evaluation information on current or prospective school employees --Notice to employee -- Exemption from liability.
(1) (a) The office's administrator of teacher licensing may provide the appropriateadministrator of a public or private school or of an agency outside the state which is responsiblefor licensing or certification of educators with any recommendation or other informationpossessed by the office which has significance in evaluating the employment or license of acurrent or prospective school employee, license holder, or applicant for licensing.
(b) Information supplied under Subsection (1)(a) may include the complete record of ahearing or the investigative report for matters which:
(i) the educator has had an opportunity to contest; and
(ii) did not proceed to a hearing.
(2) At the request of the office's administrator of teacher licensing, an administrator of apublic school or school district shall, and an administrator of a private school may, provide anyrecommendation or other information possessed by the school or school district which hassignificance in evaluating the employment or licensure of a current or prospective schoolemployee, license holder, or applicant for licensing.
(3) If a decision is made to deny licensure, to not hire a prospective employee, or to takeaction against a current employee or educator based upon information provided under this section,the affected individual shall receive notice of the information and be given an opportunity torespond to the information.
(4) A person who, in good faith, provides a recommendation or discloses or receivesinformation under this section is exempt from civil and criminal liability relating to thatrecommendation, receipt, or disclosure.
(5) For purposes of this section, "employee" includes a volunteer.
Repealed and Re-enacted by Chapter 108, 1999 General Session