First Substitute H.B. 42

Representative Ronda Rudd Menlove proposes the following substitute bill:

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: Howard A. Stephenson
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Utah Orderly School Termination Procedures Act regarding
11 requirements for school district employees to obtain career status.
12 Highlighted Provisions:
13 This bill:
14 . allows a school district to extend the period of time a provisional employee must
15 work to obtain career status.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 53A-8-106, as last amended by Laws of Utah 2003, Chapter 315
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 53A-8-106 is amended to read:

26 53A-8-106. Career employee status for provisional employees.
27 (1) (a) A provisional employee must work for a school district on at least a half-time
28 basis for three consecutive years to obtain career employee status.
29 (b) A school district may extend the provisional status of an employee up to an
30 additional two consecutive years in accordance with a written policy adopted by the district's
31 school board that specifies the circumstances under which an employee's provisional status
32 may be extended.
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 .