State board-required licensing or employment recommendations -- Local public school-required licensing recommendations -- Notice requirements for affected parties -- Exemption from liability.

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  • (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:
      • (i) a current or prospective school employee;
      • (ii) an educator or education license holder; or
      • (iii) a license applicant.
    • (b) Information supplied under Subsection (1)(a) shall include:
      • (i) the complete record of a hearing; and
      • (ii) the investigative report for matters that:
        • (A) the educator has had an opportunity to contest; and
        • (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:
    • (a) license of an educator or education license holder; or
    • (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:
    • (a) give notice of the information to the educator or license applicant; and
    • (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.




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