Utah 2023 Regular Session

Utah House Bill HB0195

Introduced
1/17/23  
Refer
1/19/23  
Report Pass
2/2/23  
Engrossed
2/6/23  
Refer
2/14/23  
Report Pass
2/21/23  

Caption

Criminal Investigations of School Employees

Impact

The enactment of HB 195 is expected to significantly impact how local school boards manage personnel matters in relation to criminal investigations. By formalizing the process and stipulating paid administrative leave, the bill could change existing practices and policies for how school districts deal with such sensitive situations. Additionally, the requirement for repayment of salary upon substantiation of wrongdoing presents a potential deterrent against misconduct among school personnel and emphasizes accountability.

Summary

House Bill 195, titled 'Criminal Investigations of School Employees', mandates the implementation of paid administrative leave for school employees who are subject to a criminal investigation. If an investigation substantiates any wrongdoing, the local school board is obligated to take appropriate employment actions, which may include requiring the employee to repay their salary earned during the leave period. This bill aims to ensure that school districts can respond appropriately to allegations of serious misconduct while also protecting the rights of employees who may be wrongfully accused.

Sentiment

The sentiment surrounding HB 195 appears to be mixed, as discussions highlight differing views. Proponents of the bill, which includes the bill's sponsor, Representative Kera Birkeland, argue that it is crucial for maintaining the integrity of educational environments by providing a clear and structured approach to handling criminal allegations against school employees. Conversely, detractors may raise concerns over the balance between due process for employees being investigated and the need for swift action to protect students and public trust in educational institutions.

Contention

Notable points of contention within discussions on HB 195 revolve around the implications of mandatory paid administrative leave and the potential impacts on school employee morale and community trust. Critics of the bill might argue that it places undue financial burdens on local school boards, particularly if many instances arise where employees are placed on leave without charges being brought against them. Additionally, there are concerns about how swiftly and fairly these investigations can be conducted, ensuring that innocent employees are not unfairly affected by prolonged periods of administrative leave.

Companion Bills

No companion bills found.

Previously Filed As

UT HB0477

School Employee Conduct Amendments

UT HB0021

Criminal Code Recodification and Cross References

UT HB0366

Criminal Justice Amendments

UT HB0301

Charter School Accountability Amendments

UT SB0288

Employment Investigation Records Amendments

UT HB0312

Criminal Justice Amendments

UT HB0040

School Safety Amendments

UT HB0061

School Safety Requirements

UT HB0455

Utah Fits All Scholarship Program Amendments

UT HB0333

Medications in Schools Amendments

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