53G-11-512.  Local school board to establish dismissal procedures.

(1)  A local school board shall, by contract with its employees or their associations, or by resolution of the local school board, establish procedures for dismissal of employees in an orderly manner without discrimination.

Terms Used In Utah Code 53G-11-512

  • 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.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Employee: means a career or provisional employee of a school district, except as provided in Subsection (7)(b). See Utah Code 53G-11-501
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
  • 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
(2)  The procedures shall include:

(a)  standards of due process;

(b)  causes for dismissal; and

(c)  procedures and standards related to developing and implementing a plan of assistance for a career employee whose performance is unsatisfactory.

(3)  Procedures and standards for a plan of assistance adopted under Subsection (2)(c) shall require a plan of assistance to identify:

(a)  specific, measurable, and actionable deficiencies;

(b)  the available resources provided for improvement; and

(c)  a course of action to improve employee performance.

(4)  If a career employee exhibits both unsatisfactory performance as described in Subsection 53G-11-501(15)(a) and conduct described in Subsection 53G-11-501(15)(b), an employer:

(a)  may:

(i)  attempt to remediate the conduct of the career employee; or

(ii)  terminate the career employee for cause if the conduct merits dismissal consistent with procedures established by the local school board; and

(b)  is not required to develop and implement a plan of assistance for the career employee, as provided in Section 53G-11-514.

(5)  If the conduct of a career employee described in Subsection (4) is satisfactorily remediated, and unsatisfactory performance issues remain, an employer shall develop and implement a plan of assistance for the career employee, as provided in Section 53G-11-514.

(6)  If the conduct of a career employee described in Subsection (4) is not satisfactorily remediated, an employer:

(a)  may dismiss the career employee for cause in accordance with procedures established by the local school board that include standards of due process and causes for dismissal; and

(b)  is not required to develop and implement a plan of assistance for the career employee, as provided in Section 53G-11-514.

Amended by Chapter 293, 2019 General Session

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