H.B. 42

1

SCHOOL DISTRICT EMPLOYEES - CAREER
2 STATUS REQUIREMENTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Ronda Rudd Menlove
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 Committee Note:
10 The Education Interim Committee recommended this bill.
11 General Description:
12 This bill modifies the Utah Orderly School Termination Procedures Act regarding
13 requirements for school district employees to obtain career status.
14 Highlighted Provisions:
15 This bill:
16 . allows a local school board to determine the number of years, within a range of
17 three to five years, a provisional employee must work to obtain career status.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 53A-8-106, as last amended by Laws of Utah 2003, Chapter 315
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53A-8-106 is amended to read:

28 53A-8-106. Career employee status for provisional employees.
29 (1) (a) A provisional employee must work for a school district on at least a half-time
30 basis for three to five consecutive years to obtain career employee status.
31 (b) The school board of a school district shall determine the number of years, within
32 the range specified in Subsection (1)(a), required to obtain career employee status.
33 (2) Policies of an employing school district shall determine the status of a career
34 employee in the event of the following:
35 (a) the employee accepts a position which is substantially different from the position in
36 which career status was achieved; or
37 (b) the employee accepts employment in another school district.
38 (3) If an employee who is under an order of probation or remediation in one
39 assignment in a school district is transferred or given a new assignment in the district, the order
40 shall stand until its provisions are satisfied.
41 (4) An employee who is given extra duty assignments in addition to a primary
42 assignment, such as a teacher who also serves as a coach or activity advisor, is a temporary
43 employee in those extra duty assignments and may not acquire career status beyond the primary
44 assignment.
45 (5) A person is an at-will employee and is not eligible for career employee status if the
46 person:
47 (a) is a teacher who holds a competency-based license pursuant to Section 53A-6-104.5
48 and does not hold a level 1, 2, or 3 license as defined in Section 53A-6-103 ; or
49 (b) holds an administrative/supervisory letter of authorization pursuant to Section
50 53A-6-110 .




Legislative Review Note
as of 9-29-09 6:50 AM

Office of Legislative Research and General Counsel