02-19 15:37 1st Sub. (Buff) H.B. 280
Candice B. Pierucci proposes the following substitute bill:
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School District Administrator Authority
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill amends the definition of an employee.
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Highlighted Provisions:
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This bill:
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▸ amends the definition of an employee; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53G-11-501, as last amended by Laws of Utah 2024, Chapter 484
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53G-11-501 is amended to read:
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53G-11-501 . Definitions.
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As used in this part:
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(1) "Administrator" means an individual who supervises educators and holds an appropriate
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license.
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(2) "Career educator" means a licensed employee who has a reasonable expectation of
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continued employment under the policies of a local school board.
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(3) "Career employee" means an employee of a school district who has obtained a
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reasonable expectation of continued employment based upon Section 53G-11-503 and
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an agreement with the employee or the employee's association, district practice, or
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policy.
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(4) "Chronically absent" means a student who:
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(a) was enrolled in an LEA for at least 60 calendar days; and
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(b) missed 10% or more days of instruction, whether the absence was excused or not.
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(5) "Contract term" or "term of employment" means the period of time during which an
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employee is engaged by the school district under a contract of employment, whether oral
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or written.
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(6) "Dismissal" or "termination" means:
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(a) termination of the status of employment of an employee;
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(b) failure to renew or continue the employment contract of a career employee beyond
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the then-current school year;
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(c) reduction in salary of an employee not generally applied to all employees of the same
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category employed by the school district during the employee's contract term; or
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(d) change of assignment of an employee with an accompanying reduction in pay, unless
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the assignment change and salary reduction are agreed to in writing.
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(7) "Educator" means an individual employed by a school district who is required to hold a
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professional license issued by the state board, except:
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(a) a superintendent; or
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(b) an individual who works less than three hours per day or is hired for less than half of
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a school year.
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(8)(a) "Employee" means a career or provisional employee of a school district, except as
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provided in Subsection [(7)(b).] (8)(b).
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(b) Excluding Section 53G-11-518, for purposes of this part, "employee" does not
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include:
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(i) a district superintendent or the equivalent at the Utah Schools for the Deaf and the
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Blind;
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(ii) a district business administrator or the equivalent at the Utah Schools for the Deaf
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and the Blind; [or]
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(iii) excluding a school level administrator, a member of a school district's executive
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leadership team or cabinet who:
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(A) the school district's superintendent supervises, or the equivalent at the Utah
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Schools for the Deaf and the Blind; and
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(B) is hired after July 1, 2025; or
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[(iii)] (iv) a temporary employee.
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(9) "Formative evaluation" means a planned, ongoing process which allows educators to
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engage in reflection and growth of professional skills as related to the Utah Effective
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Teaching Standards.
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(10) "Last-hired, first-fired layoff policy" means a staff reduction policy that mandates the
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termination of an employee who started to work for a district most recently before
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terminating a more senior employee.
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(11) "Provisional educator" means an educator employed by a school district who has not
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achieved status as a career educator within the school district.
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(12) "Provisional employee" means an individual, other than a career employee or a
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temporary employee, who is employed by a school district.
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(13) "School board" means a local school board or, for the Utah Schools for the Deaf and
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the Blind, the state board.
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(14) "School district" or "district" means:
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(a) a public school district; or
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(b) the Utah Schools for the Deaf and the Blind.
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(15) "Summative evaluation" means an evaluation that:
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(a) a supervisor conducts;
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(b) summarizes an educator's performance during an evaluation cycle; and
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(c) a supervisor or school district may use to make decisions related to an educator's
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employment.
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(16) "Temporary employee" means an individual who is employed on a temporary basis as
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defined by policies adopted by the school board. If the class of employees in question is
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represented by an employee organization recognized by the school board, the school
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board shall adopt the school board's policies based upon an agreement with that
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organization. Temporary employees serve at will and have no expectation of continued
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employment.
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(17)(a) "Unsatisfactory performance" means a deficiency in performing work tasks that
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may be:
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(i) due to insufficient or undeveloped skills or a lack of knowledge or aptitude; and
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(ii) remediated through training, study, mentoring, or practice.
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(b) "Unsatisfactory performance" does not include the following conduct that is
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designated as a cause for termination under Section 53G-11-512 or a reason for
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license discipline by the state board or Utah Professional Practices Advisory
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Commission:
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(i) a violation of work policies;
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(ii) a violation of school board policies, state board rules, or law;
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(iii) a violation of standards of ethical, moral, or professional conduct; or
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(iv) insubordination.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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