S.B. 95 Enrolled

ORDERLY SCHOOL TERMINATION ACT AMENDMENTS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: David H. Steele
AN ACT RELATING TO PUBLIC EDUCATION; CLARIFYING AND PROVIDING
CONSISTENCY IN DISMISSAL PROCEDURES FOR CAREER AND PROVISIONAL
PUBLIC SCHOOL EMPLOYEES; AND MAKING CERTAIN TECHNICAL CHANGES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53A-8-104, as last amended by Chapter 51, Laws of Utah 1994
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-8-104 is amended to read:
53A-8-104. Dismissal procedures.
(1) The district shall provide employees with a written statement of causes under which
a contract shall not be renewed, under which a contract of each class of personnel shall not be
renewed, and under which a contract can be otherwise terminated during the contract term, and the
orderly dismissal procedures which are used by the district in cases of contract termination.
(2) (a) The district shall notify a career employee, at least one month prior to issuing notice
of intent not to renew the employee's contract, that continued employment is in question and the
reasons for anticipated nonrenewal.
(b) The board shall give the career employee an opportunity to correct the problem.
(c) The board may grant the career employee assistance to correct the deficiencies,
including informal conferences and the services of school personnel within the district.
(3) (a) If the career employee does not correct the problem as determined in accordance
with the evaluation and personnel policies of the district and the district intends [not] to not renew
the contract of employment of a career employee [according to the district's personnel program],
it shall give notice of that intention to the [individual] employee.
(b) The district shall issue the notice at least two months before the end of the career
employee's contract term [of the individual].

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

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

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