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H.B. 346

             1     

PROVISIONAL TEACHING MODIFICATIONS

             2     
2011 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Christopher N. Herrod

             5     
Senate Sponsor: ____________

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill amends provisions of the Utah Orderly School Termination Procedures Act.
             10      Highlighted Provisions:
             11          This bill:
             12          .    prohibits a school district from granting career employee status to a school district
             13      employee on or after July 1, 2011;
             14          .    reduces the notification time for a school district to notify a provisional employee
             15      that the provisional employee's contract will not be extended for a subsequent term
             16      of employment from 60 days to 30 days; and
             17          .    makes technical changes.
             18      Money 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 Laws of Utah 2007, Chapter 348
             25          53A-8-104, as last amended by Laws of Utah 2007, Chapter 348
             26          53A-8-106, as last amended by Laws of Utah 2010, Chapter 183
             27          53A-10-102, as last amended by Laws of Utah 2009, Chapter 287


             28     
             29      Be it enacted by the Legislature of the state of Utah:
             30          Section 1. Section 53A-8-102 is amended to read:
             31           53A-8-102. Definitions.
             32          As used in this chapter:
             33          (1) "Career employee" means an employee of a school district who on or before June
             34      30, 2011, has obtained a reasonable expectation of continued employment based upon Section
             35      53A-8-106 and an agreement with the employee or the employee's association, district practice,
             36      or policy.
             37          (2) "Contract term" or "term of employment" means the period of time during which an
             38      employee is engaged by [the] a school district under a contract of employment, whether oral or
             39      written.
             40          (3) "Dismissal" or "termination" means:
             41          (a) termination of the status of employment of an employee;
             42          (b) failure to renew or continue the employment contract of a career employee beyond
             43      the then-current school year;
             44          (c) reduction in salary of an employee not generally applied to all employees of the
             45      same category employed by the school district during the employee's contract term; or
             46          (d) change of assignment of an employee with an accompanying reduction in pay,
             47      unless the assignment change and salary reduction are agreed to in writing.
             48          (4) "Employee" means a career or provisional employee of a school district, but does
             49      not include:
             50          (a) the district superintendent, or the equivalent at the Schools for the Deaf and the
             51      Blind;
             52          (b) the district business administrator or the equivalent at the Schools for the Deaf and
             53      the Blind; or
             54          (c) a temporary employee.
             55          (5) "Provisional employee" means an individual, other than a career employee or a
             56      temporary employee, who is employed by a school district.
             57          (6) "School board" or "board" means a [district] local school board or its equivalent at
             58      the Schools for the Deaf and the Blind.


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


             90      deficiencies, including informal conferences and the services of school personnel within the
             91      district consistent with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b).
             92          (3) (a) If [the] a career employee does not correct the problem as determined in
             93      accordance with the evaluation and personnel policies of the school district and the school
             94      district intends to not renew or discontinue the contract of employment of a career employee at
             95      the end of the then-current school year, it shall give notice of that intention to the employee.
             96          (b) [The] A school district shall issue the notice at least 30 days before the end of [the]
             97      a career employee's contract term.
             98          (4) A district shall notify a provisional employee at least [60] 30 days before the end of
             99      the provisional employee's contract if the employee will not be offered a contract for a
             100      subsequent term of employment.
             101          (5) In the absence of a notice, an employee is considered employed for the next
             102      contract term with a salary based upon the salary schedule applicable to the class of employee
             103      into which the individual falls.
             104          (6) If [the] a district intends to not renew or discontinue the contract of a career
             105      employee or to terminate a career or provisional employee's contract during the contract term:
             106          (a) the district shall give written notice of the intent to the employee;
             107          (b) the notice shall be served by personal delivery or by certified mail addressed to the
             108      individual's last-known address as shown on the records of the district;
             109          (c) except as provided under Subsection (3)(b), the district shall give notice at least 30
             110      days prior to the proposed date of termination;
             111          (d) the notice shall state the date of termination and the detailed reasons for
             112      termination;
             113          (e) the notice shall advise the [individual that he] employee that the employee has a
             114      right to a fair hearing and that the hearing is waived if it is not requested within 15 days after
             115      the notice of termination was either personally delivered or mailed to the [individual's]
             116      employee's most recent address shown on the district's personnel records; and
             117          (f) the notice shall state that failure of the employee to request a hearing in accordance
             118      with procedures set forth in the notice constitutes a waiver of that right and that the district may
             119      then proceed with termination without further notice.
             120          (7) The procedure under which a contract is terminated during its term may include a


             121      provision under which the active service of the employee is suspended pending a hearing if it
             122      appears that the continued employment of the [individual] employee may be harmful to
             123      students or to the district.
             124          (8) (a) Suspension pending a hearing may be without pay if an authorized
             125      representative of [the] a district determines, after providing the employee with an opportunity
             126      for an informal conference to discuss the allegations, that it is more likely than not that the
             127      allegations against the employee are true and will result in termination.
             128          (b) If termination is not subsequently ordered, the employee shall receive back pay for
             129      the period of suspension without pay.
             130          (9) The procedure shall provide for a written notice of suspension or final termination
             131      including findings of fact upon which the action is based if the suspension or termination is for
             132      cause.
             133          Section 3. Section 53A-8-106 is amended to read:
             134           53A-8-106. Career employee status for provisional employees.
             135          (1) (a) A provisional employee must work for a school district on at least a half-time
             136      basis for three consecutive years on or before June 30, 2011, to obtain career employee status.
             137          (b) A school district may not grant career employee status to an employee on or after
             138      July 1, 2011.
             139          [(b)] (c) A school district may extend the provisional status of an employee up to an
             140      additional two consecutive years in accordance with a written policy adopted by the school
             141      district's local school board that specifies the circumstances under which an employee's
             142      provisional status may be extended.
             143          (2) Policies of an employing school district shall determine the status of a career
             144      employee in the event of the following:
             145          (a) the employee accepts a position which is substantially different from the position in
             146      which the employee's career status was achieved; or
             147          (b) the employee accepts employment in another school district.
             148          (3) If an employee who is under an order of probation or remediation in one
             149      assignment in a school district is transferred or given a new assignment in the district, the order
             150      shall stand until its provisions are satisfied.
             151          (4) An employee who is given extra duty assignments in addition to a primary


             152      assignment, such as a teacher who also serves as a coach or activity advisor, is a temporary
             153      employee in those extra duty assignments and may not acquire career status beyond the primary
             154      assignment.
             155          (5) A person is an at-will employee and is not eligible for career employee status if the
             156      person:
             157          (a) is a teacher who holds a competency-based license pursuant to Section 53A-6-104.5
             158      and does not hold a level 1, 2, or 3 license as defined in Section 53A-6-103 ; [or]
             159          (b) holds an administrative/supervisory letter of authorization pursuant to Section
             160      53A-6-110 [.]; or
             161          (c) does not obtain career employee status on or before June 30, 2011.
             162          Section 4. Section 53A-10-102 is amended to read:
             163           53A-10-102. Definitions.
             164          As used in this chapter:
             165          (1) "Career educator" means a licensed employee:
             166          (a) entitled to rely upon continued employment under the policies of a local school
             167      board[.]; and
             168          (b) who obtained career employee status, as described in Chapter 8, Utah Orderly
             169      School Termination Procedures Act, on or before June 30, 2011.
             170          (2) "Educator" means an individual employed by a school district who is required to
             171      hold a professional license issued by the State Board of Education, except:
             172          (a) a superintendent; or
             173          (b) an individual who:
             174          (i) works fewer than three hours per day; or
             175          (ii) is hired for less than half of a school year.
             176          (3) "Probationary educator" means an educator employed by a school district who,
             177      under local school board policy, has been advised by the district that the educator's
             178      performance is inadequate.
             179          (4) "Provisional educator" means an educator employed by a school district who has
             180      not achieved status as a career educator within the school district.





Legislative Review Note
    as of 2-28-11 9:27 AM


Office of Legislative Research and General Counsel


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