UEA Sues State School Board


Complaint requests suspension of new regulations until they can be rewritten to comply with the law

The Utah Education Association filed a complaint against the Utah State Board of Education on December 21, 2015, for failure to comply with the Utah Rule Making Act in instituting new rules.

The Board’s failure to follow the Act has resulted in the implementation of rules that harm licensed educators because the rules deny educators due process and deprive them of certain legal rights, according to the complaint. The UEA believes the rules are in conflict with state law and violate the constitutional rights of Utah teachers. These rules impact the processes used by the State Board and the Utah Professional Practices Advisory Commission (UPPAC) regarding educator licensing.

The preliminary injunction requests the court to suspend these regulations until they are amended to comply with the law.

“Filing this complaint comes only after multiple attempts to work collaboratively with the State Board of Education to implement rules that comply with state law,” said UEA spokesperson Mike Kelley. These attempts included providing written comments, requesting and speaking at public hearings and speaking directly with members of the State Board of Education to express concerns, he said.

The UEA has retained the law firm of Strindberg & Scholnick to represent teachers in this litigation.

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