Chief Sponsor: Howard A. Stephenson

House Sponsor: Daniel McCay


8     General Description:
9          This bill amends provisions relating to hiring for local school district positions.
10     Highlighted Provisions:
11          This bill:
12          ▸     enacts provisions relating to the hiring of principals and school district employees;
13     and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          53A-3-411, as last amended by Laws of Utah 2005, Chapter 285
22     ENACTS:
23          53A-3-411.5, Utah Code Annotated 1953

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 53A-3-411 is amended to read:
27          53A-3-411. Employment of school personnel -- Length of contract -- Termination

28     for cause -- Individual contract of employment -- Employee acknowledgment of liability
29     protection.
30          (1) [A] Subject to Section 53A-3-411.5, a local school board may enter into a written
31     employment contract for a term not to exceed five years.
32          (2) Nothing in the terms of the contract shall restrict the power of a local school board
33     to terminate the contract for cause at any time.
34          (3) (a) A local school board may not enter into a collective bargaining agreement that
35     prohibits or limits individual contracts of employment.
36          (b) Subsection (3)(a) does not apply to an agreement that was entered into before May
37     5, 2003.
38          (4) Each local school board shall:
39          (a) ensure that each employment contract complies with the requirements of Section
40     34-32-1.1;
41          (b) comply with the requirements of Section 34-32-1.1 in employing any personnel,
42     whether by employment contract or otherwise; and
43          (c) ensure that at the time an employee enters into an employment contract, the
44     employee shall sign a separate document acknowledging that the employee:
45          (i) has received[: (A)] the disclosure required under Subsection 63A-4-204(4)(d) if the
46     school district participates in the Risk Management Fund[;] or [(B)] has received a written
47     disclosure similar to the disclosure required under Section 63A-4-204 if the school district does
48     not participate in the Risk Management Fund; and
49          (ii) understands the legal liability protection provided to the employee and what is not
50     covered, as explained in the disclosure.
51          Section 2. Section 53A-3-411.5 is enacted to read:
52          53A-3-411.5. Authority to contract for employment -- Principals -- Employees.
53          (1) As used in this section, "school district employee" means an individual who has
54     entered into an employment contract with a local school board.
55          (2) A district superintendent of schools, appointed as described in Section 53A-3-301,
56     shall hire the principal of each school in the school district.
57          (3) A local school board shall obtain approval from the principal of each school where
58     a school district employee will perform work:

59          (a) before the local school board enters into a contract with an individual to become a
60     school district employee; or
61          (b) before the local school board transfers a school district employee to the school.

Legislative Review Note
Office of Legislative Research and General Counsel