H.B. 381

1

PUBLIC EDUCATION LAW REVISIONS -
2 ASSOCIATION LEAVE
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Christopher N. Herrod
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies State System of Public Education code provisions that govern
11 association leave.
12 Highlighted Provisions:
13 This bill:
14 . prohibits paid association leave;
15 . requires reimbursement to a school district of the costs for the employee, including
16 benefits, for the time that the employee is on unpaid association leave; and
17 . makes technical corrections.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 53A-3-425, as enacted by Laws of Utah 2002, Chapter 312
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53A-3-425 is amended to read:

28 53A-3-425. Association leave -- District policy.
29 (1) As used in this section, "association leave" means leave from a school district
30 employee's regular school responsibilities granted for that employee to spend time for
31 association or union duties.
32 (2) (a) Prior to any school district employee's participation in [paid or] unpaid
33 association leave, a local school board shall adopt a written policy that governs unpaid
34 association leave.
35 (b) A local school board policy that governs unpaid association leave shall require
36 reimbursement to the school district of the costs for the employee, including benefits, for the
37 time that the employee is on unpaid association leave.
38 (c) A reimbursement required under Subsection (2)(b) may be provided by an
39 employee, association, or union.
40 (3) [If a] A local school board [adopts a policy to] may not allow paid association
41 leave[, the policy shall include procedures and controls to:].
42 [(a) ensure that the duties performed by employees on paid association leave directly
43 benefit education within the school district;]
44 [(b) require the school district to document the use and approval of paid association
45 leave;]
46 [(c) require school district supervision of employees on paid association leave;]
47 [(d) require the school district to account for the costs and expenses of paid association
48 leave;]
49 [(e) ensure that during the hours of paid association leave a school district employee
50 may not engage in political activity, including:]
51 [(i) actively campaigning for candidates for public office in partisan and nonpartisan
52 elections; and]
53 [(ii) fundraising for political organizations, political parties, or candidates;]
54 [(f) ensure that association leave is only paid out of school district funds when the paid
55 association leave directly benefits education within the district; and]
56 [(g) require the reimbursement to the school district of the cost of paid association
57 leave activities that do not provide a direct benefit to education within the school district.]
58 (4) If a local school board adopts a policy to allow [paid] unpaid association leave, that

59 policy shall indicate that a willful violation of this section or of a policy adopted in accordance
60 with Subsection (2) [or (3)] may be used for disciplinary action under Section 53A-8-104 .




Legislative Review Note
as of 2-9-09 11:11 AM

Office of Legislative Research and General Counsel