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Category: Human Resources (DP 300 – DP399)

Published on
  • Effective: 1/14/1992
  • Revision: 12/3/2012
  • Reviewed: 5/28/2013
  1. Board Directive
    The Board recognizes the need to provide orderly procedures for termination of Jordan School District education support professionals, and delegates to the District Administration responsibility for establishing such procedures in accordance with the Public Education Human Resource Management Act outlined in Utah Code §53G-11-512 through 517.
  2. Administrative Policy
    Procedures for nonrenewal and termination of a career or provisional education support professional’s contract during the contract term shall be administered according to the following administrative policy provisions:

    1. Definitions
      For purposes of this policy, the term education support professional refers to an employee whose primary duties relate to the support of the educational function of the District.

      1. Career Employee:  An employee of the District who has obtained a reasonable expectation of continued employment based upon current code and has completed one year as a provisional employee.
      2. Provisional Employee: An employee of the District who has completed less than one full year of continuous employment and has not been designated as a temporary employee.
      3. Probationary Employee:  Any career employee who has been advised in writing by the District that his/her performance is inadequate and in need of improvement and has been placed on probation.
      4. Temporary Employee:  An education support professional who is employed by the District on a temporary basis.  Temporary employees serve “at will” and have no expectation of continued employment beyond their initial contract with the District.  Temporary employees do not have the right to due process as defined by Utah Code §53G-11-512 through 517.
      5. Temporary employees include, but are not necessarily limited to the following:
        1. Employees hired under contracts for one (1) year only or for less than (1) year.
        2. Employees whose positions are funded by state or federal grants that are allocated for one (1) year only or for less than one (1) year.
    2. When an employment action is to take place, the employee must be informed that a representative of his/her choice may attend the probation/termination conference at the employee's request.  The supervisor may also request that a representative from Human Resources attend the conference.
    3. CAUSES FOR CONTRACT NONRENEWAL
      1. The District may determine not to renew the contract of an education support professional for any of the following reasons:
        1. Immorality.
        2. Insubordination, which includes an act of serious insubordination, repeated acts of insubordination, or a pattern of insubordinate behavior.
        3. Incompetence.
        4. Mental or physical incapacity.
        5. The need to reduce staff size due to a drop in student enrollment, program or service discontinuance, a shortage of anticipated revenue after the budget has been adopted, or school consolidation.  (See DP349 NEG)
        6. Conviction of a felony or misdemeanor involving moral turpitude.
        7. Conduct which may be harmful to students or the District.
        8. Improper or unlawful physical contact with students.
        9. Repeated violation of District policy.
        10. Unprofessional conduct not characteristic of or befitting a Jordan District employee.
        11. Unsatisfactory compliance with terms of probation (see DP314 - Provisional or Probationary Education Support Professionals).
        12. Any reason that the District in its sole discretion deems reasonable and appropriate (applies to provisional employees only).
        13. Performance, attitude, or other employment attribute which is substantially below the performance reasonably expected from other educators having similar responsibilities and duties as determined by District policy DP312—Evaluation of Education Support Professionals.
        14. Misuse of contract time to perform non-educational interests.
        15. Misuse of computers, based on District Policy DP371 Employee Information Network Acceptable Use Policy.
        16. Misuse of school equipment.
        17. Misuse of school or district funds.
      2. The District may determine not to issue a contract to any education support professional whose status is "Provisional," as defined under policy DP314—Provisional or Probationary Education Support Professionals.
      3. Prior to an employment action (probation/termination), the employee must be notified of the right to representation by the employee agent group or another agent of his/her choice.  A copy of the probation/termination report shall be placed in the employee’s file at the District Office.
    4. DISCIPLINARY ACTIONS
      The District may elect to proceed with disciplinary action to warn the employee that his/her conduct places the employee in danger of termination during the contract term.  The District may elect to exclude any or all of the following steps and proceed directly with termination for cause.  No disciplinary action shall thereafter prejudice the right of the District to proceed with termination for cause on the same facts which gave rise to the disciplinary action.

      1. Oral Reprimand:  Oral reprimand may be issued by the immediate supervisor.
      2. Written Reprimand:  Written reprimand is issued by the immediate supervisor or District Administration which warns the employee that adverse employment action, which may include contract termination, may be taken.
        1. This warning is active for a two-year period and may remain in either the school file or in the employee's District personnel file.
        2. The warning does not prejudice the right of the District to proceed with termination for cause should the misconduct continue.
      3. Probation:  The District may elect, but is not required to place the employee on probation for misconduct which could be grounds of termination during the contract year.
        1. The District is solely responsible for determining the length and terms of probation except under the provisions of policy DP314 —Provisional and Probationary Classified Personnel.
        2. Probation shall not prejudice the right of the District to proceed with termination for cause on the same facts which gave rise to the probation.
      4. Suspension:  The District may, at its discretion, place the employee on suspension.
        1. The District shall be solely responsible for determining whether the suspension is to be with or without pay and for determining the duration of the suspension.
        2. Suspension may, among other reasons, be invoked by the District when further investigation is deemed necessary or desirable in order to make an informed decision concerning the employment of an employee or for the purpose of awaiting the outcome of criminal charges pending against an employee.
        3. Suspension of an employee shall not in any way prejudice the right of the District to proceed with other action, including termination for cause, at a later date.
        4. Furthermore, the fact that pending criminal charges against an employee may be resolved in favor of the employee shall not preclude the District from initiating termination for cause proceedings or other disciplinary action against an employee based all or in part upon the same facts which gave rise to the criminal charges.
    5. CAUSES FOR CONTRACT TERMINATION
      1. The District may terminate the employment of any education support professional during the term of the employee's contract for any of the reasons listed above under section C., items a. through q.
      2. The District may terminate the employment of any education support professional during the term of the employee's contract for any act, failure to act, or conduct which constitutes a breach of the classified employee's employment contract.
    6. PROCEDURES WHEN RENEWAL OF THE CONTRACT OF A CAREER EDUCATION SUPPORT PROFESSIONAL IS IN QUESTION
      1. When continued employment of a career education support professional is in question, the career education support professional shall be informed in writing at least three (3) months before the end of the contract term.
        1. The reasons why continued employment is in question shall be specified.
        2. The career education support professional shall be provided an opportunity to correct the deficiencies which are causing continued employment to be in question.  Assistance may be granted the education support professional to correct the deficiencies including informal conferences and services of school personnel.
    7. PROCEDURES WHEN THE CONTRACT OF A CAREER EDUCATION SUPPORT PROFESSIONAL WILL NOT BE RENEWED
      1. When the contract of a career education support professional will not be renewed, the career education support professional shall be notified in writing at least two (2) months before the end of the contract term.
      2. The notice shall state the date of termination and set forth the reasons for contract nonrenewal.
      3. The notice shall include a date for an informal conference with the administration, a date for a hearing before an independent hearing officer, and a date for a hearing before the Board of Education.
        1. The hearings shall be scheduled at intervals of ten (10) working days.
        2. A recommendation shall be required from the hearing officer within ten (10) working days of the date of the hearing.
      4. The career education support professional shall be notified of the right to have the conference and hearings scheduled.   If the education support professional elects not to attend, the dates will be cancelled.
      5. The career education support professional shall be informed of the right to be represented at the hearing by a representative of his/her choice.
      6. The notice shall be delivered to the career education support professional personally or sent by certified mail to the education support professional's last-known address.
      7. The employee must give notice of appeal in writing to the Administrator of Human Resources within ten (10) working days after receiving the recommendation of the Grievance Officer.  Failure to request such an appeal in writing shall constitute a waiver of the right to appeal the recommendation of the Grievance Officer.
    8. PROCEDURES WHEN PROVISIONAL CONTRACT WILL NOT BE RENEWED
      1. Provisional education support professionals, as defined under policy DP314, are not entitled to employment beyond the end of the term of the present contract, and may not reasonably expect continued employment in succeeding years.
      2. When the District determines not to renew a contract of a provisional education support professional, the education support professional shall be notified in writing at least sixty (60) days prior to the end of his/her first 12 months of employment.
    9. PROCEDURES FOR TERMINATION DURING CONTRACT TERM
      1. Notice
        1. When an education support professional is to be terminated during a contract term, the District shall notify the education support professional in writing of the intent to terminate.  The employee will also be informed in writing that the timeline for the informal conference and/or a hearing procedures as referenced in this policy may be modified or extended.  If there is a compelling reason to modify the timeline for the informal conference and/or hearing procedures as references in this policy, either party may request the modification(s) from the other party in writing and both parties will be required to agree to the modification(s).  The District will issue a letter of understanding to both parties outlining the modified timeline.  In any case, no longer than thirty (30) days of pay may be offered beyond termination notification.
        2. The notice shall be delivered to the individual personally or sent by certified mail to the individual's last-known address, as shown on the personnel records of the District, at least thirty (30) days prior to the proposed date of termination.  Pay will not continue beyond the thirty (30) days termination notification.
        3. The notice shall state the date of termination and set forth the reasons for termination.
        4. The notice shall advise the employee that he or she has a right to a fair hearing and that the hearing process outlined below is waived if a hearing is not requested within fifteen (15) calendar days after the notice of termination was either personally delivered or mailed to the individual’s most recent address as shown on the District’s personnel records.
        5. The hearing process includes the right to an informal conference, the right to a hearing before an independent hearing officer.  Only the decision of a hearing officer may be appealed to the Board of Education.
        6. The informal conference will be conducted within ten (10) working days after the receipt of the request for the conference.
        7. The education support professional may be accompanied by a representative of his/her choice.
        8. The education support professional may present verbal or documentary evidence.
        9. The grievance officer shall issue a written report setting forth his/her findings and recommendations within five (5) working days after the conclusion of the conference.
        10. If the informal conference has been held and no written report has been issued within the time limits set forth in item I.1.i. above, or if the education support professional or the District rejects the recommendation of the grievance officer, either party may exercise their right to proceed with a hearing before an independent hearing officer. All hearings shall be scheduled within ten (10) working days after the informal conference report has been received from the grievance officer whenever possible.
        11. The notice shall also inform the individual of the right to be represented at the hearing(s) by a representative of his/her choice.
        12. The employee must give notice of appeal in writing to the Administrator of Human Resources within ten (10) working days after receiving the recommendation of the Grievance Officer.  Failure to request such an appeal in writing shall constitute a waiver of the right to appeal the recommendation of the Grievance Officer.
      2. Suspension Pending a Hearing
        1. 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 informal conference to discuss the allegations, that it is more likely than not that the allegations against the employee are true and will result in termination.
        2. If termination is not subsequently ordered, the employee shall receive back pay from the period of suspension without pay.
      3. Hearing Cancelled or Not Requested
        1. If a hearing is cancelled or not requested by the education support professional, the written notice of intention to terminate employment will serve as written notice of final termination by the Board.
        2. The cause(s) of termination are those contained in the notice of intention to terminate employment.
      4. Appointment of Hearing Officer
        Hearing officers may either be District hearing officers or individuals not employed with the District.

        1. Hearing officers shall be persons who will conduct hearings independent of pressure or influence from the District administration, District staff, the education support professional who is the participant in the hearing, or any association or organization acting on behalf of or representing the employee. No hearing officer may be a direct supervisor or subordinate of either the employee or a person recommending the employee’s termination for cause.
        2. District hearing officers include not fewer than five (5) employees of the District selected annually by the Administrator of Human Resources. The employee who is the subject of the appeal may select any one individual from the pool of hearing officers to hear the appeal of the employee.
        3. The employee agent group and the District agree to use the American Arbitration Association (AAA) for independent hearing officers. This includes following the rules and procedures as outlined by the AAA.
        4. When the services of a hearing officer are required, the cost shall be equally shared by the District and the individual.
        5. The individual or his/her designee and the Superintendent or designee shall each choose two names from the pool of hearing officers.  If there is one name chosen in common, that hearing officer shall be first on the list.  The remaining names shall be drawn at random and placed on the list in the order drawn.  If there are no names chosen in common, all of the names shall be drawn at random and placed on the list according to the order of the draw.  The hearing officer shall then be called in the order they appear on the list until one is found that is available for the day of the hearing.
      5. Conduct of the Hearing
        1. The education support professional has the right to representation and may call witnesses, hear accusing testimony, cross examine witnesses, and examine documentary evidence.
        2. The District shall make available District employees if needed as witnesses for either party.
        3. Parties shall exchange a list of witnesses and documentary evidence at least two (2) days before the scheduled hearing.
        4. The hearing shall be conducted informally, and the rules of evidence used in courts of law need not be strictly observed.
        5. The hearing proceedings shall be recorded and preserved in a manner to assure completeness and accuracy; i.e., electronic tape recording.  Stenographic recording shall not be required.
      6. Hearing Officer
        1. After hearing all of the evidence, the hearing officer may render an oral decision immediately following the conclusion of the proceeding.  The hearing officer shall, within ten (10) working days of the hearing, render a written decision supported by findings of fact.
        2. The decision may recommend to the Board of Education that the proposed action be taken or that the proposed action not be taken or that other action less severe than the proposed action be taken.
        3. The decision of the hearing officer, together with the findings of fact, shall be sent by certified mail to the employee's last known address.  A copy shall be mailed to the employee's representative, if any.
      7. Request for Board Review of a Hearing Officer Decision
        1. The education support professional shall have the right to request a Board review of the decision of the hearing officer.
        2. A written request for a Board review must be received by the president of the Board of Education within ten (10) working days of the date the hearing officer’s decision is postmarked.
        3. The Board review shall be upon the record made in the hearing before the hearing officer, except that the Board may, at its discretion, hear additional testimony or argument.
      8. Board Review Not Requested or Decision Favors Education Support Professional
        1. If a request for review is not received, or if the decision of the hearing officer is in favor of the education support professional, the Board shall determine whether or not to adopt the decision of the hearing officer.
        2. If the Board adopts the decision of the hearing officer, the findings of fact prepared by the hearing officer, if any, shall be deemed the findings of fact made by the Board.  The District shall notify the education support professional of the Board's decision by certified mail.
        3. If the Board determines not to adopt the decision of the hearing officer, the Board shall review the matter based upon the record made in the hearing before the hearing officer, except that the Board, at its discretion, may hear additional testimony or argument.  The administration will notify the education support professional if the Board determines to hear additional testimony or argument.
      9. Board Decision
        1. Within ten (10) working days of receiving the hearing officer’s decision, the Board shall render a decision that the originally proposed action be taken, that the originally proposed action not be taken, or that other action less severe than the originally proposed action be taken.
        2. The Board shall issue findings of fact that support the decision or may adopt the findings of fact prepared by the hearing officer.
        3. The education support professional shall be notified of the decision of the Board and the findings of fact by certified mail addressed to the employee's last known address.  A copy shall be sent to the employee's representative, if any.
      10. Appeal
        1. Upon the timely filing of an appeal of the decision of the Board in an appropriate court of law, the Board shall cause to be prepared, certified, and transmitted to the court, the decision of the Board, the findings of fact of the Board, and the record of the hearing before the hearing officer or Board or both.
        2. A rehearing shall not be allowed. The decision of the hearing panel cannot be appealed to the Board of Education.
        3. The decision of the Board in all cases is final.
      11. Restoration of Records and Benefits
        1. If the final decision is made in favor of the employee, the charge(s) shall be expunged from the employee's record except when substantive problems exist but the recommendation to terminate was dismissed or modified because of procedural errors.
        2. If the final decision is made in favor of the employee, the employee shall be reimbursed for salary and benefits lost during suspension.

         

Published on

Effective: 4/23/1991
Revision: 9/8/2009
Reviewed: 5/28/2013

  1. Board Directive
    The Board recognizes the need to provide orderly procedures for termination of Jordan School District administrators, and delegates to the District Administration responsibility for establishing such procedures in accordance with the Public Education Human Resource Management Act outlined in Utah Code §53G-11-512 through 517.
  2. Administrative Policy
    Procedures for nonrenewal and termination of an administrator's contract during the contract term shall be administered according to the following administrative policy provisions:

    1. Definitions
      1. Administrator: An administrator is a licensed employee, other than the Superintendent of Schools, who holds an administrative position requiring a valid certificate issued by the State Board of Education.  Administrators have expectations of continued employment and can only be terminated for cause, declining enrollment, or reduction in funding.
      2. Probationary Administrator: Any administrator employed by the District who has been advised by the District that his/her performance is inadequate and has been placed on probation.
    2. Causes for Contract Nonrenewal
      The District may determine not to renew the contract of an administrator for any of the following reasons:

      1. Immorality
      2. Insubordination which includes an act of serious insubordination, repeated acts of insubordination, or a pattern of insubordinate behavior
      3. Incompetence
      4. Mental or physical incapacity
      5. The need to reduce staff size due to a drop in student enrollment, program or service discontinuance, a shortage of anticipated revenue after the budget has been adopted, or school consolidation
      6. Conviction of a felony or misdemeanor involving moral turpitude
      7. Conduct which may be harmful to students or the District
      8. Improper or unlawful physical contact with students
      9. Violation of District policy
      10. Unprofessional conduct not characteristic of or befitting a Jordan District administrator
      11. Unsatisfactory compliance with terms of probation. (See Policy DP313 - Provisional or Probationary Personnel)
      12. Performance or attitude which is substantially below what is reasonably expected of other administrators having similar responsibilities and duties as determined by District Policy DP311A –Evaluation of Administrators
    3. Causes for Contract Termination
      1. The District may terminate the employment of any administrator during the term of the administrator's contract for any of the reasons listed above.
      2. The District may terminate the employment of any administrator during the term of the administrator's contract for any act, failure to act, or conduct which constitutes a breach of the administrator's employment contract.
    4. Procedures When Renewal of the Contract of an Administrator Is In Question
      When continued employment of an administrator is in question, the administrator shall be informed in writing at least three (3) months before the end of the contract term.

      1. The reasons why continued employment is in question shall be specified.
      2. The administrator shall be provided an opportunity to correct the deficiencies which are causing continued employment to be in question.  Assistance may be granted the administrator to correct the deficiencies including informal conferences and services of school and/or district personnel.
      3. The administrator is responsible for improving performance by demonstrating acceptable levels of improvement in the designated areas of deficiencies.
      4. Where acceptable levels of improvement in designated areas of deficiencies cannot be documented through an informal as well as formal evaluation process, the Superintendent of Schools may reassign the administrator to a position commensurate with his/her certification and endorsement(s).
    5. Procedures When the Contract of an Administrator Will Not Be Renewed
      1. When the contract of an administrator will not be renewed, the administrator shall be notified in writing at least two (2) months before the end of the contract term.
      2. The notice shall state the date of termination and set forth the reasons for contract nonrenewal.
      3. The notice shall include a date for an informal conference with the administration, a date for a hearing before an independent hearing officer, and a date for a hearing before the Board of Education.
        1. The hearings shall be scheduled at intervals of ten (10) days.
        2. A recommendation shall be required from the hearing examiner within ten (10) days of the date of the hearing.
      4. The administrator shall be notified of the right to have the conference and hearings scheduled.  If the administrator elects not to attend, the dates will be cancelled.
      5. The administrator shall be informed of the right to be represented at the hearing(s) by a representative of his/her choice.
      6. The notice shall be delivered to the administrator personally or sent by certified mail to the administrator's last-known address.
      7. The employee must give notice of appeal in writing to the Administrator of Human Resources within ten (10) working days after receiving the recommendation of the Grievance Officer.  Failure to request such an appeal in writing shall constitute a waiver of the right to appeal the recommendation of the Grievance Officer.
    6. Procedures for Termination During Contract Term
      1. Notice
        1. When an administrator is to be terminated during a contract term, the District shall notify the administrator in writing of the intent to terminate.
        2. The notice shall be delivered to the individual personally or sent by certified mail to the individual's last-known address, as shown on the records of the District, at least thirty days (30) prior to the proposed date of termination.
        3. The notice shall state the date of termination and set forth the reasons for termination.
        4. The notice shall advise the administrator that he or she has the right to a fair hearing and that the hearing process outlined below is waived if the hearing is not requested within fifteen (15) calendar days after the notice of termination was either personally delivered, or mailed to the individual’s most recent address shown on the District’s personnel records.
        5. The notice shall include a tentative date for an informal conference with the Administration, a tentative date for a hearing before an independent hearing officer and a tentative date for a hearing before the Board of Education.
          1. The hearings shall be scheduled at intervals of ten (10) working days.
          2. A recommendation shall be required from the hearing examiner within ten (10) working days of the date of the hearing.
        6. The administrator shall be notified of the right to have the conference and hearings scheduled.  If the administrator elects not to request an informal conference and/or hearing, the tentative dates will be cancelled.
        7. The administrator shall be informed of the right to be represented at the hearing(s) by a representative of his/her choice.
        8. The employee must give notice of appeal in writing to the Administrator of Human Resources within ten (10) working days after receiving the recommendation of the Grievance Officer.  Failure to request such an appeal in writing shall constitute a waiver of the right to appeal the recommendation of the Grievance Officer.
      2. Suspension Pending a Hearing
        1. 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 informal conference to discuss the allegations, that it is more likely than not that the allegations against the employee are true and will result in termination.
        2. If termination is not subsequently ordered, the employee shall receive back pay from the period of suspension without pay.
      3. Continued Administrator Service
        1. After notice of termination, the administrator, at the option of the Superintendent, may remain on the job, be reassigned to another licensed position, or be subject to other reasonable personnel actions.
        2. If the Superintendent finds that continued employment may be harmful to students or the District, the administrator shall be suspended with pay pending termination.  No more than thirty (30) days of salary shall be provided to administrators who are on suspension.
          1. The District shall notify the administrator of the suspension in writing.
          2. The District notice shall include findings of fact as to why harm may result to students or the District if active service is allowed to continue.
      4. Hearing Cancelled or Not Requested
        1. If a hearing is cancelled or not requested by the administrator, the written notice of intention to terminate employment will serve as written notice of final termination by the Board.
        2. The cause(s) of termination are those contained in the notice of intention to terminate employment.
      5. Appointment of Hearing Examiner
        1. On or before July 1, the Superintendent and designated administrators shall mutually agree upon a pool of eight (8) impartial hearing examiners, four (4) shall be submitted by the Superintendent and four (4) by the administrators.
        2. The procedure for selecting a hearing examiner for a specific hearing shall be as follows:  The administrators and the Superintendent shall each choose two (2) names from the pool of hearing examiners.  If there is one (1) name chosen in common, that hearing examiner shall be first on the list.  The remaining names shall be drawn at random and placed on the list in the order drawn.  If there are no names chosen in common, all of names shall be drawn at random and placed on the list according to the order of the draw.  The hearing examiners shall then be called in the order they appear on the list until one is found that is available for the day of the hearing.
        3. The cost of services of the hearing examiner shall be equally shared by the District and the administrator or the organization representing the administrator.
      6. Conduct of the Hearing
        1. The administrator may be represented by counsel and may call witnesses, hear accusing testimony, cross examine witnesses, and examine documentary evidence.
        2. The District shall make available District employees if needed as witnesses for either party.
        3. Parties shall exchange a list of witnesses and documentary evidence at least two (2) days before the scheduled hearing.
        4. The hearing shall be conducted informally, and the rules of evidence used in courts of law need not be strictly observed.
        5. The hearing proceedings shall be recorded and preserved in a manner to assure completeness and accuracy, i.e. electronic tape recording. Stenographic recording shall not be required.
      7. Hearing Examiner's Decision
        1. After hearing all of the evidence, the hearing examiner may render an oral decision immediately following the conclusion of the proceeding.  The hearing examiner, shall within ten (10) days of the hearing, render a written decision supported by findings of fact.
        2. The decision may recommend to the Board that the proposed action be taken or that the proposed action not be taken or that other action less severe than the proposed action be taken.
        3. The decision of the hearing examiner, together with the findings of fact, shall be sent by certified mail to the administrator's last known address.  A copy shall be mailed to the administrator's representative, if any.
      8. Request for Board Review
        1. The administrator shall have the right to request a Board review of the decision of the hearing examiner.
        2. A written request for a Board review must be received by the President of the Board of Education within ten (10) days of the date the hearing examiner's decision is postmarked.
        3. The Board review shall be upon the record made in the hearing before the hearing examiner, except that the Board may, at its discretion, hear additional testimony or argument.
      9. Board Review Not Requested or Decision Favors Administrator
        1. If a request for review is not received or if the decision of the hearing examiner is in favor of the administrator, the Board shall determine whether or not to adopt the decision of the hearing examiner.
        2. If the Board adopts the decision of the hearing examiner, the findings of fact prepared by the hearing examiner, if any, shall be deemed the findings of fact made by the Board.  The District shall notify the administrator of the Board's decision by certified mail.
        3. If the Board determines not to adopt the decision of the hearing examiner, the Board shall review the matter based upon the record made in the hearing before the hearing examiner, except that the Board, at its discretion, may hear additional testimony or argument.  The Administration will notify the administrator if the Board determines to hear additional testimony or argument.
      10. Board Decision
        1. Within ten (10) working days of receiving the hearing examiner's decision, the Board shall render a decision that the originally proposed action be taken, that the originally proposed action not be taken, or that other action less severe than the originally proposed action be taken.
        2. The Board shall issue findings of fact that support the decision or may adopt the findings of fact prepared by the hearing examiner.
        3. The administrator shall be notified of the decision of the Board and the findings of fact by certified mail addressed to the administrator's last known address.  A copy shall be sent to the administrator's representative, if any.
      11. Finality
        1. The decision of the Board in all cases is final.
        2. A rehearing shall not be allowed.
      12. Appeal
        Upon the timely filing of an appeal of the decision of the Board in an appropriate court of law, the Board shall cause to be prepared, certified, and transmitted to the court, the decision of the Board, the findings of fact of the Board, and the record of the hearing before the hearing examiner or Board or both.
      13. Restoration of Records and Benefits
        1. If the final decision is made in favor of the administrator, the charge(s) shall be expunged from the administrator's record except when substantive problems exist but the recommendation to terminate was dismissed or modified because of procedural errors.
        2. If the final decision is made in favor of the administrator, the administrator shall be reimbursed for salary and benefits lost during suspension, if any.

Published on
  • Effective: 1/23/1990
  • Revision:
  1. Board Policy
    The Board recognizes that in the normal contract negotiation process it may be in the best interest of the District to provide lump sum incentive payments to all employees or to specified categories of employees.
  2. Administration Policy
    The Board delegates authority to the District Administration to negotiate lump sum payments with the various employee groups within the parameters established by the Board.
    Guidelines

    1. When an incentive lump sum payment is to be provided separate and apart from other negotiated salary agreements, the lump sum payment will be included, along with other salaries, as eligible retirement wages.

Published on
  • Effective: 5/23/1989
  • Revision: 12/8/2015
  • Reviewed: 8/25/2015
  1. Board Directive
    Jordan School District has a responsibility to maintain public trust and confidence by providing a safe environment for students, employees, volunteers and patrons.  The District also has a responsibility to assure, so far as reasonably possible, that all employees are able to assume their duties and carry out the tasks for which they were hired.  Consequently, since abuse of drugs and alcohol in the work place decreases employee safety and productivity, adherence to this Substance Abuse-Free Work Environment Policy is a condition of employment for all Jordan District employees.  Adherence is vital for all employees.  This policy is written to comply with all requirements found in state and federal law, including: 41 USC 81 et seq., the Federal Drug-Free Workplace Act of 1988;Utah Code §34-41-101 et seq.; Utah Code §26-38 et seq.; Utah Code §53G-8-602 et seq.; Utah Code §58-37-8 et seq.; Utah Code §58-37a-5 et seq.; Utah Code §53-10-211 et seq.; Utah Administrative Code R477-14; Utah Administrative Code R392-510; and Utah State Office of Education, Pupil Transportation Drug and Alcohol Testing Policy.
    The Board delegates to the Administration the responsibility for establishing policy that promotes a substance abuse-free work environment and developing procedures for dealing with policy violations.  Compliance with this policy is mandatory consistent with federal and state law.
  2. Administrative Policy
    The Administration is committed to establishing and maintaining a substance abuse-free work environment.  Therefore, District employees and volunteers are prohibited from the following while on District property, while operating a District vehicle or while attending any school-sponsored activity or event:

    • Manufacturing, dispensing, possessing, distributing, consuming, using or being under the influence of or using any unlawful controlled substance, drug paraphernalia or alcohol.
    • Manufacturing, dispensing, distributing, consuming or using an electronic cigarette or tobacco in any form.

    Any employee or volunteer found in violation may be subject to possible legal actions and/or disciplinary actions including but not limited to probation, suspension, and/or termination of employment or removal as a volunteer.  Administrative policy provisions and due process procedures for employees who violate the substance Abuse-Free Work Environment are outlined in District policies, including DP374 – Employment Background Checks; DP316 NEG—Orderly Termination Procedure; Licensed; DP316A—Orderly Termination Procedures – Administrators; and DP316B—Orderly Termination Procedures - Education Support Professionals.

    1. Definitions
      1. Safety Sensitive Positions:  Positions which directly affect the safety of District employees and/or the general public during the course of performing job duties (i.e. District vehicle driving, etc.).
      2. Random Testing:  Testing of employees in safety sensitive positions as part of a District random drug testing program.
      3. Reasonable suspicion:  An articulated belief based on the recorded specific facts and reasonable inferences drawn from those facts that an employee is in violation of the drug-free workplace policy.
      4. Rehabilitative Testing:  Unannounced testing of preselected employees done as part of a program of counseling, education, and treatment of an employee in conjunction with the District’s Drug and Alcohol policy.
      5. Medical Review Officer (MRO):  A trained practitioner at the testing facility authorized to administer and interpret controlled substance and alcohol tests.
      6. Drug testing:  The scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the definitions and terms of Utah Code §34-41-101 et seq.
      7. Sample:  Means urine or breath sample.
      8. Electronic Cigarette: Any electronic oral device that provides a vapor of nicotine or other substance and which simulates smoking through its use or through inhalation of the vapor through the device; and includes an oral device that is composed of a heating element, battery, or electronic circuit and marketed, manufactured, distributed, or sold as an e-cigarette, vapor sticks, e-pipe, or any other product name or descriptor, if the function of the product meets the definition of an electronic oral device.
    2. Procedures for Implementation
      1. Training:  All employees are expected to receive training regarding this policy during the Onboarding process and through the critical policy review process at the start of each school year.
      2. Types of Testing:  Testing may be administered under the following conditions:
        1. Pre-employment testing for controlled substances for school bus drivers and employees in other safety sensitive positions.
        2. Random testing for controlled substances and alcohol for employees in safety sensitive positions.
        3. Reasonable suspicion testing for controlled substances and alcohol for all District employees.  This may include, but is not limited to, any one or more of the following:
          1. Observable symptoms of use or of being under the influence of alcohol or drugs.
          2. Presence of drug or alcohol paraphernalia.
          3. Any involvement (even indirectly) in an accident or near-miss that resulted or may have resulted in an employee injury or property damage or loss.
          4. Reports of drug or alcohol possession, use and/or distribution.
          5. Unexplained or suspicious absenteeism or tardiness.
          6. Unexplained significant deterioration in employee performance or behavior.
          7. Criminal citations, arrests or convictions as outlined in District Policy DP374 – Employment Background Checks.
          8. Any behavior or statements that would suggest that drugs or alcohol are present in the body.
        4. Post-accident or critical incident investigation testing for controlled substances and alcohol for all employees.
        5. Rehabilitative testing for controlled substances and alcohol for all District employees.
        6. Prior to return to duty or as a condition of continued employment if alcohol or controlled substances is the reason for a District employee’s absence from duty.
        7.  As a follow up in combination with a mutually agreed upon rehabilitation program.
      3. Testing:  Drug and alcohol testing shall be conducted in accordance with Utah Code §34-41-104 by an independent laboratory certified for employment drug and alcohol testing.
        1. Drug and alcohol testing results shall be confirmed using reliable testing methods and communicated to both the Human Resources department and the current or prospective employee by the MRO.
        2. Current or prospective employees shall be informed of their option for a split urine sample test at the employee’s shared expense in accordance with Utah Code §34-41-103 and Utah Code §34-41-104.
      4. Testing Required:  Employees required to participate in testing will make themselves available for testing as soon as notified by their supervisor.  Employees who refuse to submit for a test under this policy will be subject to employment discipline including termination.
      5. Sample Collection:
        1. The collection of samples shall be performed under reasonable and sanitary conditions and in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of the sample.
        2. Reasonable measures will be taken to ensure the privacy of the individual being tested during sample collection.
        3. Samples collected shall be labeled and sealed to reasonably preclude the probability of erroneous identification of test results.
        4. The individual being tested shall have the opportunity to provide notification of any information relevant to the test, such as prescription and non-prescription medications used.  The individual may also provide information in compliance with the Americans with Disabilities Act of 1990.
        5. Sample collection, storage and transportation to the testing facility shall be performed in a manner that reasonably precludes the probability of sample misidentification, contamination, or adulteration.
        6. Sample testing conforms to scientifically accepted analytical methods and procedures.
      6. Results:  The drug testing facility shall communicate all drug test results to Human Resources.
        1. Positive results:  The MRO will determine whether there is a legitimate medical explanation for the result.  If no legitimate medical explanation exists, the MRO will inform Human Resources and the sample donor of the positive results.  Human Resources will remove the employee from duty and inform the employee of the option to have a split urine sample tested at a shared expense as provided for by Utah Code §34-41-103 and Utah Code §34-41-104.  Human Resources will then initiate disciplinary action.  At any disciplinary hearing, in addition to considering the initial test results, the test results of the any split urine sample shall be considered.
    3.  Violations
      1. Convictions or Arrests
        1. Employees arrested or convicted for a substance abuse-related activity are required to report the arrest or conviction to the Administrator of Human Resources within forty-eight (48) hours or the next business day, whichever is greater, as outlined in District Policy DP374 – Employment Background Checks.
        2. The District will follow established reporting guidelines when notifying the Utah State Office of Education.
        3. Any arrest or conviction for substance abuse-related activity or failure to report an arrest or conviction will result in disciplinary action as outlined in District Policy DP374 – Employment Background Checks.
        4. The District will provide adequate due process for the employee as outlined in District policies DP316 NEG—Orderly Termination Procedures – Licensed; DP316A—Orderly Termination Procedures – Administrators; and DP316B—Orderly Termination Procedures - Education Support Professionals.
    4. Discipline
      In the event an employee tests positive for unlawful controlled substances; tests positive for alcohol; refuses to submit to a drug or alcohol test; attempts to taint, avoid, delay or circumvent the testing process; is arrested (charged or convicted) on a alcohol or drug-related offense; or violates this policy in some other way, the District will initiate appropriate administrative and criminal investigations, and a confirmed violation of this policy may result in discipline up to and including termination of employment.
    5. Employee Assistance
      1. An employee who feels he/she may have alcohol and/or drug dependency problem is encouraged to contact the District Employee Assistance Program (EAP).  Employees are responsible to seek assistance for substance abuse problems before policy infractions occur and disciplinary action is necessary.
      2. The District will provide an EAP at no cost designed to provide professional and confidential assistance to employees.
      3. Employees are encouraged to seek short-term help from the Jordan Family Education Center at no cost.
      4. The District will provide a reasonable accommodation to seek treatment for employees who voluntarily report dependency problems.  Employees needing extensive help from a licensed treatment facility (in-patient or out-patient) will incur all associated treatment costs.
      5. Once the substance abuse policy is violated, subsequent enrollment in a treatment program will not necessarily lessen disciplinary action and may have no bearing on the determination of appropriate disciplinary action.

Published on
  • Effective: 2/23/1988
  • Revision: 6/22/2004
  • Reviewed: 4/26/2013
  1. Board Policy
    The Board recognizes that employees should not be subject to abuse in the workplace, and delegates to the District Administration responsibility for developing guidelines for handling incidents of verbal and physical abuse.
  2. Administration Policy
    Abuse will be considered any verbal or physical conduct which places an employee at risk or in fear of personal safety including verbal or physical threats, gross profanity, intimidating gestures, or physical contact such as kicking, striking, pushing, or physically assaulting with or without a weapon. Abusive conduct, physical or verbal, will not be tolerated.
    Guidelines

    1. Procedures for handling abuse/assault incidents.
      1. Employees will take appropriate precautionary measures to avoid abuse/assault incidents.
      2. If an abuse/assault incident occurs, abused employees will immediately notify their immediate supervisor.
      3. The immediate supervisor will conduct an initial evaluation of the incident, requesting assistance from his/her division administrator, Jordan District police officers or other police officers as appropriate.
        1. In cases of abuse/assault or threatened abuse/assault, an employee may be removed from the building until the immediate supervisor determines it is safe for the employee to return.
        2. Employees who are removed from a building for safety reasons shall be placed on leave with pay.
        3. Paid leave taken for safety reasons does not impact the individual's other leave benefits.
      4. Statements will be taken from all parties involved and from witnesses to the incident.
      5. Related evidence will be gathered or recorded photographically.
      6. Victims of physical abuse will undergo a physical examination by a qualified physician at district expense even if injury is minimal.
      7. The district will make restitution to an employee for verifiable damage or loss of personal property to the extent the district's liability insurance provides such coverage.
      8. Employees whose clothing, glasses, or other items worn upon the body are damaged or destroyed as the result of an assault shall be reimbursed for verifiable damages.
    2. Disposition of abuse/assault incidents
      1. All incidents of employee abuse will be reported to the District compliance officer.
      2. The District compliance officer will be responsible to follow through with the case and take the necessary steps to assure that the issue is resolved and appropriate disciplinary policies and procedures are implemented.

Published on
  • Effective: 11/10/87
  • Revision: 9/26/2017
  1. Board Directive
    The Board is committed to an on-going evaluation program for administrative personnel that is aligned to the Utah Educational Leadership Standards and that complies with Jordan District policy and state law.  (See Utah Code §53A-8a-7 and State Rule R277-531.)  The Board delegates to the District Administration responsibility for assuring that the evaluation program is reasonable and fair and based upon an evaluation instrument which is valid and reliable.It is the policy of the Board to require all administrative personnel to participate in the evaluation program for the following purposes:

    1. To promote the professional growth and development of educators.
    2. To recognize and encourage the use of effective administrative behaviors.
    3. To identify administrators according to their abilities with the performance expectation that administrators strive to receive an effective or highly effective rating.
    4. To provide a basis for decisions affecting employment.
  2. Administrative Policy
    The evaluation process for administrative personnel shall be administered according to the following administrative policy provisions:

    1. Definitions
      1. "Working days" means the days the administrator being evaluated is under contract to work.
      2. "Career administrator" means a licensed employee entitled to continued employment under the policies of the District.
      3. "Provisional administrator" means any administrator who is in his/her first year of employment.
      4. "Probationary administrator" means any administrator employed by the District whose performance is not satisfactory.
      5. "JAES evaluation" (Jordan Administrator Evaluation System) means the evaluation system for all certified administrators, which is completed on an electronic platform. The JAES will be the evaluation of professional levels of performance.
      6. A "summative evaluation" is an evaluation designed to present conclusions about the merit of a person's performance. Employment and compensation decisions are made based on summative evaluations.  JAES is the District's summative evaluation tool.
      7. A "formative evaluation" is an informal evaluation designed and used to promote growth and improvement in a person's performance.
      8. "Other lines of evidence" used for evaluation may include, but are not limited to, documented concerns or positive written communications from parents, staff or immediate supervisor, awards and recognitions for outstanding administrative performance, and/or documented deficiencies in work habits, student growth scores, and stakeholder input.
      9. “Stakeholder input” is input from parents, students, teachers, and support professionals collected by appropriate data gathering methods and represents quality practice.
      10. A "mentor" is an administrator assigned by the immediate supervisor to assist a provisional or probationary administrator to become informed about the administrative process and school system.
      11. A "consulting administrator" is an administrator who has completed special training in coaching and assisting administrators in improving administrative skills and effectiveness. Consulting administrators are assigned to administrators by the immediate supervisor.
      12. A “level of performance” means upon the completion of a JEAS evaluation the administrator will receive one of the four following differentiated levels of performance: highly effective, effective, emerging/minimally effective, or not effective.
    2. The JAES is the District's tool for evaluating an administrator's performance, adapted from the Utah State Board of Education Leadership Observation Tool.
    3. The Administrator Interim Evaluation, based on the Utah Educational Leadership Standards, is the District’s tool for conducting interim evaluations of career administrators.
    4. Each administrative employee shall be evaluated by his/her immediate supervisor.
    5. The District Administration shall review the purposes and procedures of the evaluation program with all administrators at least once each contract year, and each administrator shall have access to the online evaluation instrument.  All administrators due to be evaluated shall be notified at least fifteen (15) working days prior to the evaluation process.
    6. All new administrators shall be assigned a mentor.  The mentor will assist the new administrator in becoming informed about the administrative profession and school system.
    7. Evaluation frequency
      1. Career administrators shall be evaluated annually.
      2. Provisional administrators shall be evaluated at least twice in their initial year.
      3. Probationary administrators shall be evaluated when necessary as determined by the immediate supervisor.
      4. The immediate supervisor may evaluate an administrator whenever it is deemed necessary.
    8. A JAES evaluation process shall include:
      1. An orientation meeting which is held for all administrators and immediate supervisors to provide a review of the JAES process and the specific dates and general procedures to be used.
      2. The administrator is notified at least fifteen (15) working days before the evaluation is to begin.
      3. The supervisor and the administrator jointly determine what lines of evidence will be shown to demonstrate performance levels of the leadership standards.
      4. Formative conferences with the supervisor and the administrator being evaluated shall take place to monitor lines of evidence for levels of performance.
      5. The administrator being evaluated will rate themselves on the Utah Educational Leadership Standards, providing lines of evidence to support the rating.
      6. The supervisor completes the evaluation of administrator using the Utah Educational Leadership Standards and rubric.
      7. A summative conference will take place wherein the supervisor and the evaluated administrator will review the supervisor’s rating and the overall level of performance.
      8. If the administrator does not agree with any portion of the JAES Evaluation, the administrator has the right to respond in writing stating his/her views. This written report must be submitted to the Administrator of Human Resources within thirty (30) calendar days of the Professional Development meeting.
      9. The evaluation is acknowledged by both the supervisor and the administrator. The administrator’s acknowledgement does not necessarily indicate agreement with the evaluation, but acknowledges that the administrator has met with the supervisor and has received the information.
    9. Administrators whose JAES total score is in the level of performance of “Not Effective” may not advance on the adopted salary schedule.
      1. When compensation is withheld, both the administrator and the immediate supervisor will sign verifying documentation.
    10. The remediation process for all administrators whose JAES total score is in the level of performance of the “Not Effective” range is as follows:
      1. A Professional Development Contract must be completed within ten (10) days of the professional development meeting.
        1. The Professional Development Contract must identify the performance expectations and/or standards which resulted in a level of performance "Not Effective" rating.
        2. A plan of action to correct these deficiencies must be developed which includes specific resources provided to the administrator, a schedule for periodic review of progress, the types of evidence required to demonstrate satisfactory progress, and the assignment of a "consulting administrator."
        3. The length of remediation cannot exceed six calendar months, excluding July.
        4. The immediate supervisor must meet at least monthly, and the consulting administrator at least twice monthly with the administrator to assess progress and to provide assistance.
        5. Administrators on remediation are required to compile documentation of progress and improvement in the specific goal areas.
      2. At the conclusion of the remediation period, a second Professional Development meeting is held. At this meeting, the immediate supervisor reviews the administrator's documentation and determines the degree of progress made.
      3. The immediate supervisor confers with the Superintendent to determine the action to be taken.
        1. Remediation Completed: If the administrator has demonstrated satisfactory progress, including successful completion of all goals, he/she is re-designated as a career administrator.
        2. Remediation Extended: If the administrator has shown progress and has met some of the goals, the Professional Development Contract is revised and the remediation process is repeated.
        3. Probation: If the administrator has not shown at least moderate improvement and has not met the majority of his/her goals, the administrator is placed on probation.
        4. Change in Assignment: At the discretion of the Superintendent, a change in assignment may occur at any time during the remediation process.
      4. Probation ProceduresWhen an administrator is placed on probation, the following process is implemented:
        1. The remediation process is repeated and a Professional Development Contract is negotiated and implemented.
        2. Near the end of the probationary period, a second JAES is completed.
        3. The designated status of an administrator on probation means that the continued employment of the administrator is in question and that termination may result if performance appraisal ratings are not raised to meet the standard.
        4. At the conclusion of the evaluation, a Professional Development meeting is held. At the meeting, the immediate supervisor reviews the administrator's documentation, the results of the JAES and determines the degree of progress made.
        5. The immediate supervisor confers with the Superintendent to determine the action to be taken. Possible actions include:
          1. Probation Completed: If the administrator has demonstrated satisfactory progress, including successful completion of all goals, he/she is re-designated a career administrator.
          2. Change in Assignment: At the discretion of the Superintendent, a change in assignment may occur at any time during this process.
          3. Termination: The termination of an administrator follows the procedures as specified in District Policy DP316A—Orderly Termination Procedures.
    11. Right to Review and Appeal
      1. Administrators have fifteen (15) calendar days following the completion of the evaluation process to request a review of the evaluation findings.
      2. If an evaluation results in adverse employment action administrators have a right to appeal the procedure under District Policy DP315 NEG—Grievance Procedures.
    12. An Administrator Interim Evaluation shall be conducted as an evaluation for a career administrator each year a JAES evaluation is not administered; however, a JAES evaluation may be administered the same year an Administrator Interim Evaluation is administered, if requested by the principal, principal’s designee or immediate supervisor. The Administrator Interim Evaluation shall be used by the administrator and immediate supervisor as a formative tool throughout the school year that the evaluation takes place.
      1. The Administrator Interim Evaluation shall be made available to the administrator by the supervisor within the first month of the school year that the evaluation takes place.
      2. The Administrator Interim Evaluation will be discussed and acknowledged by both the administrator and the principal or immediate supervisor by the end of the school year that the evaluation takes place. The administrator’s acknowledgement indicates receipt of the report but does not necessarily signify agreement with its contents.
      3. The performance rating on the Administrator Interim Evaluation is the total score from the administrator’s most recent JAES evaluation.
    13. Evaluation records are classified as “Private Records” and shall be managed according to the provisions of District Policy DP367 – District Records Management.
    14. Nothing in this Policy shall prevent the District from taking appropriate disciplinary action for cause as provided for by Utah law, the Utah Code, Utah Administrative Rule, or District Policy DP316A - Orderly Termination Procedure—Administrators.

Published on
  • Effective: 6/10/1987
  • Revision: 6/8/2021
  1. Board Directive
    The Board recognizes that it is in the best interest of students to have employees on the job each contract day, and delegates to the administration responsibility for administering an Attendance Incentive policy for qualifying employees.
  2. Administrative Policy
    The Attendance Incentive policy shall be administered according to the following administrative policy provisions:

    1. Funds recouped for “no pay” days, based on average salary less the cost of substitutes, shall be distributed to those employees paid on teacher salary schedules whose sick leave, annual leave, or “no pay” days during the contract year total between four (4) and six (6) days when rounded upward.
    2. These funds shall be distributed according to the following requirements:
      1. Employees must complete a full contract year to be eligible.
      2. Only those employees eligible for fringe benefits can be the recipients of this program.
      3. Payment will be made on the regular July check based upon “no pay” days used from July through June.
      4. The following method will be used for calculating the dollar value of this incentive for each eligible employee:
        1. Employees will be assigned a point value based on the total number of absences:
          Four (4) absences        5.5 points
          Five (5) absences         3.0 points
          Six (6) absences           1.5 points
        2. Total funds available shall be divided by the total points earned, which shall result in a dollar value per point.

Published on

Effective: 6/10/1987
Revision: 6/8/2021
Reviewed: 6/10/2014

  1. Board Directive
    The Board recognizes that it is in the best interest of students to have employees on the job each contract day, and delegates to the District Administration responsibility for administering an Attendance Incentive policy for qualifying employees.
  2. Administrative Policy
    The Attendance Incentive policy shall be administered according to the following administrative policy provisions:

    1. Funds recouped for "no pay" days, based on average salary, shall be distributed equally to those employees paid on education support professionals salary schedules whose sick leave, annual leave, or no pay days during the contract year total four (4) to six (6) when rounded upward.  These funds will be supplemented by an annual contribution equivalent to a 0.5 percent increase contribution of the cost of the education support professionals salary schedule.
    2. These funds shall be distributed according to the following requirements:
      1. Employees must complete a full contract year to be eligible.
      2. Only those employees eligible for fringe benefits can be the recipients of this program.
      3. Payment will be made on the regular July check based upon "no pay" days used from July through June.
      4. Payment of available funds to eligible employees shall be prorated according to the number of hours worked per day.
      5. The use of vacation days is not calculated for the Attendance Incentive.
      6. The following method will be used for calculating the dollar value of this incentive for each eligible employee:
        1. Employees will be assigned a point value based on the total number of absences:
          Four (4) absences        5.5 points
          Five (5) absences        3.0 points
          Six (6) absences      1.5 points
        2. Total funds available shall be divided by the total points earned, which shall result in a dollar value per point.

Published on
  • Effective: 8/27/1985
  • Revision: 9/8/2009

THIS POLICY ONLY APPLIES TO EMPLOYEES WHO HAVE RETIRED PRIOR TO THE 2006-07 CONTRACT YEAR.

  1. Board Policy
    The Board shall provide certificated employees of the District retirement incentive, and directs the District Administration to administer the program as outlined below.
  2. Administration Policy
    The Administration shall administer the retirement program according to the following guidelines:
    Guidelines

    1. A licensed employee is eligible for this benefit if:
      1. The employee has a minimum of ten (10) years full-time equivalent service with the District and, at the time of resignation, retires under the provisions of the Utah Retirement Systems. Years of service will be calculated on the full-time equivalents; i.e., 2 years of half-time service equal I year of full-time service.
      2. The employee has signed a voluntary retirement acknowledgment agreement and waiver to the Age Discrimination in Employment Act (P.L. 101—433) prior to the retirement date of the employee.
    2. Each year the retiree will receive a percentage of the difference
      between Lane A, Step 1, of the teachers' C salary schedule andthat lane and step which the employee is on at the time of retirement.
      Retirees paid on the B salary schedule shall have their salary placement converted to the full-time equivalent lane and step on the C schedule to calculate this benefit. The percentages shall be based on Jordan District full-time equivalent service, as listed in the following table:

      Equivalent Full-time Years
      Percentage of the Difference
      10 years
      28%
      15 years
      38%
      20 years
      48%
      25 years
      53%
      30 years
      58%
    3. Upon retirement, an employee has four options:
      1. This benefit will be paid for a maximum of four (4) years or until the month in which the employee reaches the age for the unreduced Social Security benefit, whichever comes first. An employee retiring during the contract year will be paid monthly commencing the month following the actual retirement date. Employees retiring at the end of the contract year will receive a monthly entitlement commencing with the July 1 pay period.
      2. The retiree may authorize the District to purchase additional service credit for the employee through the State Retirement System as allowed by the Utah State Retirement System and Utah State law (See Senate Bill 34 passed by the State Legislature in 1995). The lump sum amount used as to procure retirement credit shall be discounted by the current prime interest rate plus 2 percent for each year to offset the District’s loss of interest earnings.
      3. The retiree may receive the monthly benefit for the first 12 months in a lump sum payment. The current prime interest rate plus 2 percent will be imposed to offset the District’s loss of interest earnings.
      4. The retiree may receive the entire early retirement in one lump sum. The lump sum payment will be discounted by the current prime interest rate plus 2 percent for each year to offset the District’s loss of interest earnings.
    4. Upon death of retiree, a one-time lump sum survivor payment will be made to surviving beneficiary as listed at the time of retirement, unless appropriate changes have occurred. The lump sum payment will be discounted by the current prime interest rate plus 2 percent for each year to offset the District’s loss of interest earnings.

NOTE: The prime interest rate shall be examined annually and adjusted as necessary to reflect significant changes in interest rates.

Published on
  • Effective: 5/14/1985
  • Revision: 10/26/2010
  • Reviewed: 5/28/2013
  1. Board Directive
    The Board of Education recognizes that one of the most important aspects of the education process is the relationship that teachers have with students.  The Board also recognizes that there are times when a very efficient, professional teacher may have circumstances where it would be beneficial for him/her to work part time. Although job sharing or part-time assignments (half-time or more) may provide a positive alternative in the school staffing pattern, the needs of students within the school's educational program will be of primary concern.  Consequently, job share or part-time assignments (half-time or more) must be compatible with the District philosophy, goals, and strategic plan.  The Board delegates to the District Administration the responsibility for administering this policy.
  2. Administrative Policy
    The District will allow two licensed individuals to share one position or for an individual to be hired on a part-time basis (half-time or more) with the approval of the local school principal and the appropriate Administrator of Schools.  The Human Resources Department will be responsible for processing job sharing or part-time (half-time or more) requests accordingly:

    1. Only two licensed employees may share one (1) full-time position.  At least one (1) of the licensed employees must have one or more years of successful teaching experience in Jordan School District.  An applicant for a job sharing position who is not a current licensed employee of Jordan School District will be considered upon recommendation of the Human Resources Department, the supervising principal and the appropriate Administrator of Schools.  Teachers desiring to job share will be required to find a qualified, licensed teacher with whom to share the position.
    2. A written plan must be presented to the principal by the licensed employee(s) desiring to job share.  The plan must meet the needs of the individual students within the school's educational program and be approved by both the principal and the Administrator of Schools.  After the fourth continuous year in a job share, a simplified written plan shall be submitted to the principal and Administrator of Schools for approval.
    3. If two (2) licensed employees from two (2) different schools propose a plan to job share at one of the schools, approval must be obtained from the principal where job sharing will take place, the Administrator of Schools and the Human Resources Department.
    4. Each job sharing licensed employee will be required to work half of the time of a regular teaching contract.   Time scheduling will vary according to the three (3) instructional levels and as determined by the principal of the school in which job sharing takes place.
    5. Job sharing is only approved for a single contract year.   Job share teachers do not have an expectation of continued employment.
    6. Licensed employees who have participated in job sharing may be offered a full-time position in a subsequent school year.    When a job share is dissolved and the principal does not offer a full-time position in a subsequent school year, the employee may apply for posted positions as outlined in DP304 NEG – Teacher Transfers.
    7. Subject to the approval of the supervising principal, licensed employees in a job sharing position may trade working time with their partner or may substitute for each other at substitute wages.  In the event that one licensed employee resigns, the other licensed employee will assume the full job responsibility until a replacement can be hired. Such a licensed employee will receive the full-time contract rate during the interim.
    8. Hours of work that part time/job share employees are required to spend on assignments such as parent-teacher conferences, committee work, faculty meetings, etc., shall be prorated by the percentage of a full-time contract according District policy DP342 – Hours of Work - Licensed.
    9. Part time/job sharing licensed employees may qualify for professional development days according to District policy.
    10. Movement on the salary schedule will be according to District policy DP309 NEG – Salary.
    11. Part time/job sharing licensed employees will be subject to the same District policies, procedures, and assignments as any other licensed employee.  This includes educator evaluations as per District policy DP311 – Evaluation for Licensed Personnel.
    12. Licensed employees involved in part time/job sharing who desire health insurance benefits must pay one-half of the insurance premium with Jordan School District contributing the other half of the premium.  Those who do not wish to participate in the health insurance program will be required to sign a waiver.
    13. An employee who is employed at least half-time and who works in any one school year a number of days equal to or greater than one-half the number of work days specified for similar contracts shall be given one-year experience credit as outlined in DP309 NEG – Salary Guidelines. Employees working less than one-half the number of work days will receive no experience credit.