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House rejects amendment that would have removed automatic license revocations for teachers in relations with adult students

Utah House of Representatives · March 9, 2020
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Summary

Debate over substitute House Bill 416 centered on whether the statute that prohibits sexual relations between teachers and students in their LEA is overbroad and whether it should mandate license revocation. An unfriendly amendment to remove automatic revocation failed and the substitute passed the House.

Representative Perucci introduced a substitute to House Bill 416 clarifying that the prohibition on sexual relations by teachers applies to students in the teacher's Local Education Agency (LEA) and that the change responds to a recommendation from the Utah Professional Practice Advisory Committee and the State Board of Education.

Representative Stoddard offered an amendment to strike newly inserted language that would impose mandatory revocation of licensure (and prevent reapplication) for teachers found to have sexual relations with students in their LEA. Stoddard characterized the provision as overbroad, noted a lack of due process and said the Professional Practice Advisory Committee could and should investigate these situations before imposing mandatory licensure penalties.

Opponents of the amendment, including Representative Perucci and others, called the amendment "unfriendly," saying the bill clarifies ambiguity and is necessary to protect students. Representative Brammer and other members argued the amendment would gut the bill and allow a teacher to remain in contact with high-school students during an investigation.

The House voted on Stoddard’s amendment and the Speaker ruled the motion failed (no votes recorded in favor sufficient to adopt). Floor debate continued; Representative Perucci summarized that the Utah Professional Practice Advisory Committee and State Board of Education requested clarity in law. The substitute was put to a vote and the House recorded final passage (tally announced on the floor). The bill will be transmitted to the Senate for consideration.