2011 Utah Code
Title 53A State System of Public Education
Chapter 8 Utah Orderly School Termination Procedures Act
Section 104 Dismissal procedures.

53A-8-104. Dismissal procedures.
(1) A district shall provide employees with a written statement specifying:
(a) the causes under which a career employee's contract may not be renewed or continued beyond the current school year;
(b) the causes under which a career or provisional employee's contract may be terminated during the contract term; and
(c) the orderly dismissal procedures that are used by the district in cases of contract termination, discontinuance, or nonrenewal.
(2) If the district intends to terminate a career employee's contract during its term for reasons of unsatisfactory performance or discontinue a career employee's contract beyond the 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.
(3) (a) A district shall notify a career employee, at least 30 days prior to issuing under Subsection (3)(d) notice of intent not to renew or continue the career employee's contract beyond the current school year, that continued employment is in question and the reasons for the anticipated nonrenewal or discontinuance.
(b) If a career employee receives a notice under Subsection (3)(a) that continued employment is in question, the board:
(i) shall give the career employee an opportunity to correct the problem in accordance with the district evaluation policies; and
(ii) may grant the career employee assistance to correct the deficiencies, including informal conferences and the services of school personnel within the district.
(c) If a career employee does not correct the deficiencies 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 the career employee at the end of the current school year, it shall give notice of that intention to the employee.
(d) The district shall issue the notice at least 30 days before the end of the career employee's contract term.
(4) (a) A district is not required to provide a cause for not offering a contract to a provisional employee.
(b) If a district intends to not offer a contract for a subsequent term of employment to a provisional employee, the district shall give notice of that intention to the employee at least 60 days before the end of the provisional employee's contract term.
(5) 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.
(6) If a 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 employee's last-known address as shown on the records of the district;
(c) except as provided under Subsection (3), the district shall give notice at least 30 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 employee that the employee has a right to a fair hearing and that the hearing is waived if it is not requested within 15 days after the notice of termination was either personally delivered or mailed to the employee's most recent address shown on the district's personnel records; 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.
(7) (a) 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.
(b) 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.
(c) If termination is not subsequently ordered, the employee shall receive back pay for the period of suspension without pay.
(8) The procedure under which an employee's contract is terminated during its term shall provide for a written notice of suspension or final termination including findings of fact upon which the action is based.