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H.B. 242

             1     

EDUCATOR DISMISSAL PROCEDURES

             2     
AMENDMENTS

             3     
1999 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Tammy J. Rowan

             6      AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT AN EDUCATOR MAY
             7      BE SUSPENDED WITHOUT PAY PENDING A HEARING UNDER CERTAIN
             8      CIRCUMSTANCES; AND PROVIDING FOR THE PAYMENT OF BACK PAY FOR A
             9      PERIOD OF SUSPENSION WITHOUT PAY IF AN EDUCATOR IS NOT DISMISSED FROM
             10      EMPLOYMENT.
             11      This act affects sections of Utah Code Annotated 1953 as follows:
             12      AMENDS:
             13          53A-8-104, as last amended by Chapter 173, Laws of Utah 1998
             14      Be it enacted by the Legislature of the state of Utah:
             15          Section 1. Section 53A-8-104 is amended to read:
             16           53A-8-104. Dismissal procedures.
             17          (1) The district shall provide employees with a written statement of causes under which
             18      a contract shall not be renewed, under which a contract of each class of personnel shall not be
             19      renewed, and under which a contract can be otherwise terminated during the contract term, and the
             20      orderly dismissal procedures which are used by the district in cases of contract termination.
             21          (2) (a) The district shall notify a career employee, at least one month prior to issuing notice
             22      of intent not to renew the employee's contract, that continued employment is in question and the
             23      reasons for anticipated nonrenewal.
             24          (b) The board shall give the career employee an opportunity to correct the problem.
             25          (c) The board may grant the career employee assistance to correct the deficiencies,
             26      including informal conferences and the services of school personnel within the district.
             27          (3) (a) If the career employee does not correct the problem as determined in accordance


             28      with the evaluation and personnel policies of the district and the district intends to not renew the
             29      contract of employment of a career employee, it shall give notice of that intention to the employee.
             30          (b) The district shall issue the notice at least two months before the end of the career
             31      employee's contract term.
             32          (4) A district shall notify a provisional employee at least two months before the end of the
             33      provisional employee's contract if the employee will not be offered a contract for a subsequent
             34      term of employment.
             35          (5) In the absence of a notice, an employee is considered employed for the next contract
             36      term with a salary based upon the salary schedule applicable to the class of employee into which
             37      the individual falls.
             38          (6) If the district intends to not renew the contract of a career employee or to terminate a
             39      career or provisional employee's contract during the contract term:
             40          (a) the district shall give written notice of the intent to the employee;
             41          (b) the notice shall be served by personal delivery or by certified mail addressed to the
             42      individual's last-known address as shown on the records of the district;
             43          (c) except as provided under Subsection (3)(b), the district shall give notice at least 15 days
             44      prior to the proposed date of termination;
             45          (d) the notice shall state the date of termination and the detailed reasons for termination;
             46      and
             47          (e) the notice shall advise the individual that he has a right to a fair hearing.
             48          (7) The procedure under which a contract is terminated during its term may include a
             49      provision under which the active service of the employee is suspended pending a hearing if it
             50      appears that the continued employment of the individual may be harmful to students or to the
             51      district.
             52          (8) (a) Suspension pending a hearing may be without pay if an authorized representative
             53      of the district determines, after an informal conference with the employee, that it is more likely
             54      than not that the allegations against the employee are true and will result in termination.
             55          (b) If termination is not subsequently ordered, the employee shall receive back pay for the
             56      period of suspension without pay.
             57          [(8)] (9) The procedure shall provide for a written notice of suspension or final termination
             58      including findings of fact upon which the action is based if the suspension or termination is for


             59      cause.




Legislative Review Note
    as of 1-18-99 10:32 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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