2006 Utah Code - 53A-8-104 — Dismissal procedures.

     53A-8-104.   Dismissal procedures.
     (1) (a) The district shall provide employees with a written statement of employee misconduct and incompetence under which a career employee's contract may not be renewed or continued beyond the then-current school year, under which a contract of each class of personnel may not be renewed or continued beyond the then-current school year, 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, discontinuance, or nonrenewal.
     (b) The statement shall include unsatisfactory performance and willful or intentional misconduct for which specific employment actions may be taken.
     (2) (a) If the district intends to terminate a contract during its term or discontinue a career employee's contract beyond the then current school year for reasons of unsatisfactory performance, the unsatisfactory performance must be documented in at least two evaluations conducted at any time within the preceding three years in accordance with district policies or practices.
     (b) The district shall notify a career employee, at least 30 days prior to issuing notice of intent not to renew or continue the employee's contract beyond the then-current school year, that continued employment is in question and the reasons for the anticipated nonrenewal or discontinuance.
     (c) The board shall give the career employee an opportunity to correct the problem in accordance with the district evaluation policies.
     (d) The board may grant the career employee assistance to correct the deficiencies, including informal conferences and the services of school personnel within the district consistent with Subsections 53A-1a-104(7) and 53A-6-102(2)(a) and (b).
     (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 to not renew or discontinue the contract of employment of a career employee at the end of the then-current school year, it shall give notice of that intention to the employee.
     (b) The district shall issue the notice at least 30 days before the end of the career employee's contract term.
     (4) (a) If the district intends to terminate a contract during its term or discontinue a career employee's contract beyond the then-current school year for willful or intentional misconduct, the willful or intentional misconduct shall be documented in at least one administrative disciplinary action taken at any time within the preceding two years in accordance with district policies or practices.
     (b) The district shall notify a career employee, at least 30 days before the anticipated termination date, if the employee has not remedied or cannot remedy, based on the district's determination, the misconduct.
     (c) The district may provide the career employee assistance to remedy the misconduct, including informal conferences and the services of school personnel within the district consistent with Subsections 53a-1a-104(7) and 53A-6-102(2)(a) and (b).
     (d) The career employee shall have the opportunity to appeal the termination within 30 days of the termination date consistent with local board policies and practice.
     (5) A district shall notify a provisional employee at least 60 days before the end of the provisional employee's contract if the employee will not be offered a contract for a subsequent

term of employment.
     (6) 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.
     (7) If the district intends to not renew or discontinue the contract of a career employee or to terminate 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 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) except as provided under Subsection (3)(b), the district shall give notice at least 15 days prior to the proposed date of termination;
     (d) the notice shall state the date of termination and the detailed reasons for termination;
     (e) the notice shall advise the individual that he has a right to a fair hearing; and
     (f) the notice shall state that failure of the employee to request a hearing in accordance with procedures set forth in the notice constitutes a waiver of that right and that the district may then proceed with termination without further notice.
     (8) 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 district.
     (9) (a) Suspension pending a hearing may be without pay if an authorized representative of the district determines, after providing the employee with an opportunity for an informal conference to discuss the allegations, that it is more likely than not that the allegations against the employee are true and will result in termination.
     (b) If termination is not subsequently ordered, the employee shall receive back pay for the period of suspension without pay.
     (10) The procedure shall provide for a written notice of suspension or final termination including findings of fact upon which the action is based if the suspension or termination is for cause.

Amended by Chapter 299, 2006 General Session