(1) As used in this section: (a) "Action" means any action, except those referred to in Section 52-6-201, brought against an educator by an individual or entity other than: (i) the entity who licenses the educator; and (ii) the LEA that employs the educator or employed the educator at the time of the alleged act or omission. (b) "Educator" means: (i) an individual who holds or is required to hold a license as defined by the state board and is employed by an LEA located within the state; or (ii) for an audiologist or a speech language pathologist, an individual who an LEA employs and holds a credential from: (A) the Division of Professional Licensing in accordance with Title 58, Chapter 41, Speech- Language Pathology and Audiology Licensing Act; or (B) the State Board of Education. (2) Except as otherwise provided in Section 52-6-201, an educator is entitled to recover reasonable attorney fees and costs incurred in the educator's defense against an individual or entity who initiates an action against the educator if: (a) the action is brought for any act or omission of the educator during the performance of the educator's duties within the scope of the educator's employment; and (b) it is dismissed or results in findings favorable to the educator. (3) An educator who recovers under this section is also entitled to recover reasonable attorney fees and costs necessarily incurred by the educator in recovering the attorney fees and costs allowed under Subsection (2).
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