53A-8-104 - Dismissal procedures.
53A-8-104. Dismissal procedures.
(1) The district shall provide employees with a written statement of causes under which acareer 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 thethen-current school year, and under which a contract can be otherwise terminated during thecontract term, and the orderly dismissal procedures which are used by the district in cases ofcontract termination, discontinuance, or nonrenewal.
(2) (a) If the district intends to terminate a contract during its term or discontinue a careeremployee's contract beyond the then current school year for reasons of unsatisfactoryperformance, the unsatisfactory performance must be documented in at least two evaluationsconducted at any time within the preceding three years in accordance with district policies orpractices.
(b) The district shall notify a career employee, at least 30 days prior to issuing notice ofintent not to renew or continue the employee's contract beyond the then-current school year, thatcontinued employment is in question and the reasons for the anticipated nonrenewal ordiscontinuance.
(c) The board shall give the career employee an opportunity to correct the problem inaccordance 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 consistentwith 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 accordancewith the evaluation and personnel policies of the district and the district intends to not renew ordiscontinue the contract of employment of a career employee at the end of the then-currentschool 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 careeremployee's contract term.
(4) A district shall notify a provisional employee at least 60 days before the end of theprovisional employee's contract if the employee will not be offered a contract for a subsequentterm of employment.
(5) In the absence of a notice, an employee is considered employed for the next contractterm with a salary based upon the salary schedule applicable to the class of employee into whichthe individual falls.
(6) If the district intends to not renew or discontinue the contract of a career employee orto 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 theindividual'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 30days 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 that thehearing is waived if it is not requested within 15 days after the notice of termination was eitherpersonally delivered or mailed to the individual's most recent address shown on the district'spersonnel records; and
(f) the notice shall state that failure of the employee to request a hearing in accordancewith procedures set forth in the notice constitutes a waiver of that right and that the district maythen proceed with termination without further notice.
(7) The procedure under which a contract is terminated during its term may include aprovision under which the active service of the employee is suspended pending a hearing if itappears that the continued employment of the individual may be harmful to students or to thedistrict.
(8) (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 informalconference to discuss the allegations, that it is more likely than not that the allegations against theemployee are true and will result in termination.
(b) If termination is not subsequently ordered, the employee shall receive back pay forthe period of suspension without pay.
(9) The procedure shall provide for a written notice of suspension or final terminationincluding findings of fact upon which the action is based if the suspension or termination is forcause.
Amended by Chapter 348, 2007 General Session