Utah Code 53G-11-514. Nonrenewal or termination of a career employee’s contract for unsatisfactory performance

53G-11-514. Nonrenewal or termination of a career employee‘s contract for unsatisfactory performance.

(1)

If a district intends to not renew a career employee‘s contract for unsatisfactory performance or terminate a career employee’s contract during the contract term for unsatisfactory performance, the district shall:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 53G-11-514

Career employee: means an employee of a school district who has obtained a reasonable expectation of continued employment based upon Section 53G-11-503 and an agreement with the employee or the employee's association, district practice, or policy. See Utah Code 53G-11-501
Contract: A legal written agreement that becomes binding when signed.
district: means :

(a)	a public school district; or

(b)

the Utah Schools for the Deaf and the Blind. See Utah Code 53G-11-501

Employee: means a career or provisional employee of a school district, except as provided in Subsection (7)(b). See Utah Code 53G-11-501

School board: means a local school board or, for the Utah Schools for the Deaf and the Blind, the state board. See Utah Code 53G-11-501

termination: means :

(a)	termination of the status of employment of an employee;

(b)	failure to renew or continue the employment contract of a career employee beyond the then-current school year;

(c)	reduction in salary of an employee not generally applied to all employees of the same category employed by the school district during the employee's contract term; or

(d)

change of assignment of an employee with an accompanying reduction in pay, unless the assignment change and salary reduction are agreed to in writing. See Utah Code 53G-11-501

Unsatisfactory performance: means a deficiency in performing work tasks that may be:

(i)	due to insufficient or undeveloped skills or a lack of knowledge or aptitude; and

(ii)	remediated through training, study, mentoring, or practice. See Utah Code 53G-11-501
(a)	provide and discuss with the career employee written documentation clearly identifying the deficiencies in performance;

(b)	provide written notice that the career employee’s contract is subject to nonrenewal or termination if, upon a reevaluation of the career employee’s performance, the career employee’s performance is determined to be unsatisfactory;

(c)	develop and implement a plan of assistance, in accordance with procedures and standards established by the local school board under Section 53G-11-512, to allow the career employee an opportunity to improve performance;

(d)	reevaluate the career employee’s performance; and

(e)	if the career employee’s performance remains unsatisfactory, give notice of intent to not renew or terminate the career employee’s contract in accordance with Subsection 53G-11-513(5).

(2)

(a)

The period of time for implementing a plan of assistance:

(i)	may not exceed 120 school days, except as provided under Subsection (2)(b);

(ii)	may continue into the next school year;

(iii)

should be sufficient to successfully complete the plan of assistance; and

(iv)

shall begin when the career employee receives the written notice provided under Subsection (1)(b) and end when the determination is made that the career employee has successfully remediated the deficiency or notice of intent to not renew or terminate the career employee’s contract is given in accordance with Subsection 53G-11-513(5).

(b)

In accordance with local school board policy, the period of time for implementing a plan of assistance may extend beyond 120 school days if:

(i)	a career employee is on leave from work during the time period the plan of assistance is scheduled to be implemented; and

(ii)

(A)	the leave was approved and scheduled before the written notice was provided under Subsection (1)(b); or

(B)	the leave is specifically approved by the local school board.

(3)

(a)

If upon a reevaluation of the career employee’s performance, the district determines the career employee’s performance is satisfactory, and within a three-year period after the initial documentation of unsatisfactory performance for the same deficiency pursuant to Subsection (1)(a), the career employee’s performance is determined to be unsatisfactory, the district may elect to not renew or terminate the career employee’s contract.

(b)

If a district intends to not renew or terminate a career employee’s contract as provided in Subsection (3)(a), the district shall:

(i)	provide written documentation of the career employee’s deficiencies in performance; and

(ii)	give notice of intent to not renew or terminate the career employee’s contract in accordance with Subsection 53G-11-513(5).

Renumbered and Amended by Chapter 3, 2018 General Session

Previous section

Next section

Part 5 Contents