(1) As used in this section, "prohibited submission" means the same as that term is defined in Section 67-27-107. (2) Except as provided in Subsections (4) and (6), an LEA may not require, request, solicit, or compel a prohibited submission as a certification or condition before taking action with respect to: (a) employment, including decisions regarding: (i) hiring; (ii) terms of employment; (iii) benefits; (iv) compensation; (v) seniority status; (vi) tenure or continuing status; (vii) promotion; (viii) performance reviews; (ix) transfer; (x) termination; or (xi) appointment; (b) enrollment or graduation from the LEA; (c) participation in LEA-sponsored programs; or (d) qualification for or receipt of state financial aid or other state financial assistance. (3) An LEA may not grant any form of preferential consideration to an individual who, with or without solicitation from the LEA, provides a prohibited submission for consideration for any action described in Subsection (2). (4) If federal law requires an LEA to accept or require a prohibited submission, the LEA: (a) may accept the prohibited submission only to the extent required under federal law; and (b) shall limit consideration of the information contained in the prohibited submission to the extent necessary to satisfy the requirement under federal law. (5) For a required prohibited submission under Subsection (4), an LEA shall notify the state board detailing the circumstances under which a prohibited submission under Subsection (4) is required. (6) Nothing in this section limits or prohibits an LEA's authority to establish policies that: (a) are necessary to comply with state or federal law, including laws relating to prohibited discrimination or harassment; or (b) require an applicant for employment, tenure, continuing status, or promotion to disclose or discuss the applicant's: (i) teaching record; (ii) artistic creations; or (iii) pedagogical approaches or experiences with students of all learning abilities. (7) If the state board identifies a reported violation of this section, the state board shall provide an update to the Education Interim Committee on an LEA's compliance with this section at or before the Education Interim Committee's November interim committee meeting. (8) An individual may bring a violation of this section to the state board in accordance with the process described in Section 53E-3-401.
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