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H.B. 360

This document includes House Floor Amendments incorporated into the bill on Fri, Feb 23, 2007 at 4:39 PM by jeyring. -->              1     

ORDERLY SCHOOL TERMINATION ACT

             2     
AMENDMENTS

             3     
2007 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Bradley G. Last

             6     
Senate Sponsor: John W. Hickman

             7     
             8      LONG TITLE
             9      General Description:
             10          This bill modifies procedures for the termination or discontinuation of a career
             11      employees's contract.
             12      Highlighted Provisions:
             13          This bill:
             14          .    amends definitions;
             15          .    amends procedures for the termination or discontinuation of a career employees's
             16      contract; 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-8-102, as last amended by Chapter 299, Laws of Utah 2006
             25          53A-8-104, as last amended by Chapter 299, Laws of Utah 2006
             26     
             27      Be it enacted by the Legislature of the state of Utah:


             28          Section 1. Section 53A-8-102 is amended to read:
             29           53A-8-102. Definitions.
             30          As used in this chapter:
             31          [(1) "Administrative disciplinary action" means any written statement provided to the
             32      school employee, signed by a school or district administrator, and retained in the employee's
             33      personnel file evidencing the employee's willful or intentional misconduct as defined in
             34      Subsection (10).]
             35          [(2)] (1) "Career employee" means an employee of a school district who has obtained a
             36      reasonable expectation of continued employment based upon Section 53A-8-106 and an
             37      agreement with the employee or the employee's association, district practice, or policy.
             38          [(3)] (2) "Contract term" or "term of employment" means the period of time during
             39      which an employee is engaged by the school district under a contract of employment, whether
             40      oral or written.
             41          [(4)] (3) "Dismissal" or "termination" means:
             42          (a) termination of the status of employment of an employee;
             43          (b) failure to renew or continue the employment contract of a career employee beyond
             44      the then-current school year;
             45          (c) reduction in salary of an employee not generally applied to all employees of the
             46      same category employed by the school district during the employee's contract term; or
             47          (d) change of assignment of an employee with an accompanying reduction in pay,
             48      unless the assignment change and salary reduction are agreed to in writing.
             49          [(5)] (4) "Employee" means a career or provisional employee of a school district, but
             50      does not include:
             51          (a) the district superintendent, or the equivalent at the Schools for the Deaf and the
             52      Blind;
             53          (b) the district business administrator or the equivalent at the Schools for the Deaf and
             54      the Blind; or
             55          (c) a temporary employee.
             56          [(6)] (5) "Provisional employee" means an individual, other than a career employee or
             57      a temporary employee, who is employed by a school district.
             58          [(7)] (6) "School board" or "board" means a district school board or its equivalent at


             59      the Schools for the Deaf and the Blind.
             60          [(8)] (7) "School district" or "district" means:
             61          (a) a public school district; or
             62          (b) the Schools for the Deaf and the Blind.
             63          [(9)] (8) "Temporary employee" means an individual who is employed on a temporary
             64      basis as defined by policies adopted by the local board of education. If the class of employees
             65      in question is represented by an employee organization recognized by the local board, the board
             66      shall adopt its policies based upon an agreement with that organization. Temporary employees
             67      serve at will and have no expectation of continued employment.
             68          [(10) "Willful or intentional misconduct" means conduct that jeopardizes the health or
             69      safety of students or conduct that significantly impairs the employee's ability to safely or
             70      professionally fulfill the employee's responsibilities or assignments.]
             71          Section 2. Section 53A-8-104 is amended to read:
             72           53A-8-104. Dismissal procedures.
             73          (1) [(a)] The district shall provide employees with a written statement of [employee
             74      misconduct and incompetence] causes under which a career employee's contract may not be
             75      renewed or continued beyond the then-current school year, under which a contract of each class
             76      of personnel may not be renewed or continued beyond the then-current school year, and under
             77      which a contract can be otherwise terminated during the contract term, and the orderly
             78      dismissal procedures which are used by the district in cases of contract termination,
             79      discontinuance, or nonrenewal.
             80          [(b) The statement shall include unsatisfactory performance and willful or intentional
             81      misconduct for which specific employment actions may be taken.]
             82          (2) (a) If the district intends to terminate a contract during its term or discontinue a
             83      career employee's contract beyond the then current school year for reasons of unsatisfactory
             84      performance, the unsatisfactory performance must be documented in at least two evaluations
             85      conducted at any time within the preceding three years in accordance with district policies or
             86      practices.
             87          (b) The district shall notify a career employee, at least 30 days prior to issuing notice of
             88      intent not to renew or continue the employee's contract beyond the then-current school year,
             89      that continued employment is in question and the reasons for the anticipated nonrenewal or


             90      discontinuance.
             91          (c) The board shall give the career employee an opportunity to correct the problem in
             92      accordance with the district evaluation policies.
             93          (d) The board may grant the career employee assistance to correct the deficiencies,
             94      including informal conferences and the services of school personnel within the district
             95      consistent with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b).
             96          (3) (a) If the career employee does not correct the problem as determined in accordance
             97      with the evaluation and personnel policies of the district and the district intends to not renew or
             98      discontinue the contract of employment of a career employee at the end of the then-current
             99      school year, it shall give notice of that intention to the employee.
             100          (b) The district shall issue the notice at least 30 days before the end of the career
             101      employee's contract term.
             102          [(4) (a) If the district intends to terminate a contract during its term or discontinue a
             103      career employee's contract beyond the then-current school year for willful or intentional
             104      misconduct, the willful or intentional misconduct shall be documented in at least one
             105      administrative disciplinary action taken at any time within the preceding two years in
             106      accordance with district policies or practices.]
             107          [(b) The district shall notify a career employee, at least 30 days before the anticipated
             108      termination date, if the employee has not remedied or cannot remedy, based on the district's
             109      determination, the misconduct.]
             110          [(c) The district may provide the career employee assistance to remedy the misconduct,
             111      including informal conferences and the services of school personnel within the district
             112      consistent with Subsections 53a-1a-104 (7) and 53A-6-102 (2)(a) and (b).]
             113          [(d) The career employee shall have the opportunity to appeal the termination within 30
             114      days of the termination date consistent with local board policies and practice.]
             115          [(5)] (4) A district shall notify a provisional employee at least 60 days before the end of
             116      the provisional employee's contract if the employee will not be offered a contract for a
             117      subsequent term of employment.
             118          [(6)] (5) In the absence of a notice, an employee is considered employed for the next
             119      contract term with a salary based upon the salary schedule applicable to the class of employee
             120      into which the individual falls.


             121          [(7)] (6) If the district intends to not renew or discontinue the contract of a career
             122      employee or to terminate a career or provisional employee's contract during the contract term:
             123          (a) the district shall give written notice of the intent to the employee;
             124          (b) the notice shall be served by personal delivery or by certified mail addressed to the
             125      individual's last-known address as shown on the records of the district;
             126          (c) except as provided under Subsection (3)(b), the district shall give notice at
             126a      least H. [ 15 ] 30 .H
             127      days prior to the proposed date of termination;
             128          (d) the notice shall state the date of termination and the detailed reasons for
             129      termination;
             130          (e) the notice shall advise the individual that he has a right to a fair hearing H. and that
             130a      the hearing is waived if it is not requested within 15 days after the notice of termination was
             130b      either personally delivered or mailed to the individual's most recent address shown on the
             130c      district's personnel records .H ; and
             131          (f) the notice shall state that failure of the employee to request a hearing in accordance
             132      with procedures set forth in the notice constitutes a waiver of that right and that the district may
             133      then proceed with termination without further notice.
             134          [(8)] (7) The procedure under which a contract is terminated during its term may
             135      include a provision under which the active service of the employee is suspended pending a
             136      hearing if it appears that the continued employment of the individual may be harmful to
             137      students or to the district.
             138          [(9)] (8) (a) Suspension pending a hearing may be without pay if an authorized
             139      representative of the district determines, after providing the employee with an opportunity for
             140      an informal conference to discuss the allegations, that it is more likely than not that the
             141      allegations against the employee are true and will result in termination.
             142          (b) If termination is not subsequently ordered, the employee shall receive back pay for
             143      the period of suspension without pay.
             144          [(10)] (9) The procedure shall provide for a written notice of suspension or final
             145      termination including findings of fact upon which the action is based if the suspension or
             146      termination is for cause.




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