53A-2-122 - Employees of a new district.
53A-2-122. Employees of a new district.
(1) Upon the creation of a new district:
(a) an employee of an existing district who is employed at a school that is transferred tothe new district shall become an employee of the new district; and
(b) the school board of the new district shall:
(i) have discretion in the hiring of all other staff;
(ii) adopt the personnel policies and practices of the existing district, including salaryschedules and benefits; and
(iii) enter into agreements with employees of the new district, or their representatives,that have the same terms as those in the negotiated agreements between the existing district andits employees.
(2) (a) Subject to Subsection (2)(b), an employee of a school district from which a newdistrict is created who becomes an employee of the new district shall retain the same status as acareer or provisional employee with accrued seniority and accrued benefits.
(b) Subsection (2)(a) applies to:
(i) employees of an existing district who are transferred to a new district pursuant toSubsection (1)(a); and
(ii) employees of a school district from which a new district is created who are hired bythe new district within one year of the date of the creation of the new district.
(3) An employee who is transferred to a new district pursuant to Subsection (1)(a) and isrehired by the existing district within one year of the date of the creation of the new district shall,when rehired by the existing district, retain the same status as a career or provisional employeewith accrued seniority and accrued benefits.
Amended by Chapter 183, 2006 General Session