S.B. 95

1

ORDERLY SCHOOL TERMINATION ACT
2 AMENDMENTS
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David H. Steele
6 AN ACT RELATING TO PUBLIC EDUCATION; CLARIFYING AND PROVIDING
7 CONSISTENCY IN DISMISSAL PROCEDURES FOR CAREER AND PROVISIONAL
8 PUBLIC SCHOOL EMPLOYEES; AND MAKING CERTAIN TECHNICAL CHANGES.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 53A-8-104, as last amended by Chapter 51, Laws of Utah 1994
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 53A-8-104 is amended to read:
14 53A-8-104. Dismissal procedures.
15 (1) The district shall provide employees with a written statement of causes under which
16 a contract shall not be renewed, under which a contract of each class of personnel shall not be
17 renewed, and under which a contract can be otherwise terminated during the contract term S , AND
17a THE ORDERLY DISMISSAL PROCEDURES WHICH ARE USED BY THE DISTRICT IN CASES OF
17b CONTRACT TERMINATION s .
18 (2) (a) The district shall notify a career employee, at least one month prior to issuing notice
19 of intent not to renew the employee's contract, that continued employment is in question and the
20 reasons for anticipated nonrenewal.
21 (b) The board shall give the career employee an opportunity to correct the problem.
22 (c) The board may grant the career employee assistance to correct the deficiencies,
23 including informal conferences and the services of school personnel within the district.
Text Box

Amend on 2_goldenrod January 30, 1998 24 (3) (a) If the career employee does not correct the problem S [to the satisfaction] AS
24a DETERMINED IN ACCORDANCE WITH THE EVALUATION AND PERSONNEL POLICIES s of the district
25 and the district intends [not] to not renew the contract of employment of a career employee
26 [according to the district's personnel program], it shall give notice of that intention to the
27 [individual] employee.

Text Box

Amend on 2_goldenrod January 30, 1998 - 1a -

1 (b) The district shall issue the notice at least two months before the end of the career
2 employee's contract term [of the individual].
3 [(c) The written notice shall be served by personal delivery or by certified mail addressed
4 to the individual's last-known address.]
5 [(d) The notice must show a date and contain a clear and concise statement that the
6 individual's contract will not be renewed for the next term and the reasons for the termination.]
7 (4) A district shall notify a provisional employee at least two months before the end of the
8 provisional employee's contract if the employee will not be offered a contract for a subsequent
9 term of employment.
10 (5) [(a)] In the absence of a notice, an employee is considered employed for the next
11 contract term with a salary based upon the salary schedule applicable to the class of employee into
12 which the individual falls.
13 [(b) This provision does not preclude the dismissal of an employee during the contract
14 term for cause.]
15 (6) [(a)] If the district intends to not renew the contract of a career employee or to
16 terminate [an] a career or provisional employee's contract during the contract term[,]:
17 (a) the district shall give written notice of the intent to the employee[.];
18 (b) [The] the notice shall be served by personal delivery or by certified mail addressed to
19 the individual's last-known address[.] as shown on the records of the district;
20 (c) [The] except as provided under Subsection (3)(b), the district shall give notice at least
21 15 days prior to the proposed date of termination[.];
22 (d) [It] the notice shall state the date of termination and the detailed reasons for
23 termination[.]; and
24 [(7) A notice of intention not to renew the contract or of an intention to terminate the
25 contract during its term must]
26 (e) the notice shall advise the individual that he [may request an informal conference
27 before the board or such personnel as the district may designate] has a right to a fair hearing.
28 [(8)] (7) The procedure under which a contract is terminated during its term may include
29 a provision under which the active service of the employee is suspended pending a hearing if it
30 appears that the continued employment of the individual may be harmful to students or to the
31 district.

- 2 -

1 [(9) The orderly dismissal procedure adopted by a school district must provide for the right
2 to a fair hearing.]
3 [(10)] (8) The procedure shall provide for a written notice of suspension or final
4 termination including findings of fact [made by the board] upon which the action is based if the
5 suspension or termination is for cause.




Legislative Review Note
as of 12-17-97 8:11 AM

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

Office of Legislative Research and General Counsel

- 3 -