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Tag: Classified Employees

Published on
  • Effective       8/11/2020
  • Revised       11/28/2023
  1. Board Directive
    It is the policy of the Board to allow benefit eligible employees Maternity/Parent Leave as indicated below.
  2. Administrative Policy 
    1. Employees applying for Maternity/Parent Leave must apply in Skyward Employee Access under the provisions of DP322 – Family Medical Leave Act.
    2. Benefit-eligible employees shall receive six consecutive calendar weeks of maternity leave, to be used beginning when the child is born, in addition to any other leave for which the employee is already eligible. Medical exceptions may be given by Human Resources. For more information see policies DP324 NEG Sick Leave – Licensed and DP335 NEG Annual Leave – Licensed, DP326 NEG Sick Leave – Education Support Professionals, and DP335B Annual Leave – Education Support Professionals.
    3. A benefit eligible employee shall be paid for contract days which the employee would otherwise have been under contract to work during the six-week maternity leave, but shall not be paid for non-contract days occurring during the maternity leave period.
    4. Benefit-eligible employees shall receive two weeks of parent leave (ten contract days), to be taken during the first year of the child’s life, in addition to any other leave for which the employee is already eligible. A parent taking maternity leave is not eligible for parent leave.
    5. Adoptive parents see policy DP324 NEG Sick Leave – Licensed or DP326 NEG Sick Leave – Education Support Professionals.
    6. Prior to granting maternity/parent leave days, an employee shall agree in writing to repay compensation at his/her daily rate of pay for maternity/parent leave used or granted if he/she terminates employment with the District for other than medical reasons before completion of the current contract year.*
    7. Questions about how this policy applies to an individual family situation should be referred to Human Resources. 

* The Board of Education voted on November 28, 2023, to make the effective revision date retroactive to July 1, 2023.

Published on
  • Effective:  9/24/2019
  1. Board Directive
    The Board adopts this policy, in part, because the legislature has conditioned certain governmental immunity protections upon the adoption of an appropriate behavior policy not less stringent than a model policy created by the State Board of Education. The Board is committed to establishing and maintaining appropriate standards of conduct between staff members and students.  These standards of conduct are also known as professional boundaries.  Staff members shall maintain professional and appropriate demeanor and relationships with students, both during and outside of school hours, as well as both on and off campus, that foster an effective, non-disruptive and safe learning environment.  The Board delegates to the Administration the responsibility for establishing guidelines for the Employee Code of Conduct.
  2. Administrative Policy
    1. Definitions
      1. Staff Member: an employee, contractor or volunteer with unsupervised access to students.
      2. Student: a child under the age of 18 or over the age of 18 if still enrolled in a public secondary school.
      3. Boundary Violation: crossing verbal, physical, emotional, or social lines that staff must maintain in order to ensure structure, security, and predictability in an educational environment.
        1. A boundary violation may include the following, depending on the circumstances:
          1. Isolated, one-on-one interactions with a student out of the line of sight of others;
          2. Meeting with a student in rooms with covered or blocked windows;
          3. Telling risqué jokes to, or in the presence of a student;
          4. Employing favoritism to a student;
          5. Giving gifts to individual students;
          6. Staff member initiated frontal hugging or other uninvited touching;
          7. Photographing an individual student for a non-educational purpose or use;
          8. Engaging in inappropriate or unprofessional contact outside of educational program activities;
          9. Exchanging personal email or phone numbers with a student for a non-educational purpose or use;
          10. Interacting privately with a student through social media, computer, or handheld devices; and
          11. Discussing an employee’s personal life or personal issues with a student.
        2. A boundary violation does not include:
          1. Offering praise, encouragement, or acknowledgment;
          2. Offering rewards available to all who achieve;
          3. Asking permission to touch for necessary purposes;
          4. Giving a pat on the back or a shoulder;
          5. Giving a side hug;
          6. Giving a handshake or high five;
          7. Offering warmth and kindness;
          8. Utilizing public social media alerts to groups of students and parents; or
          9. Contact permitted by an IEP or 504 plan.
      4. Grooming: befriending and establishing an emotional connection with a student or a student’s family to lower the student’s inhibitions for emotional, physical, or sexual abuse.
      5. Sexual Conduct: includes any sexual contact or communication between a staff member and a student including but not limited to:
        1. Sexual Abuse: the criminal conduct described in Utah Code Ann. 76-5-404.1(2) and includes, regardless of the gender of any participant:
          1. Touching the anus, buttocks, pubic area, or genitalia of a student;
          2. Touching the breast of a female student; or
          3. Otherwise taking indecent liberties with a student; with the intent to:
            1. cause substantial emotional or bodily pain; or
            2. arouse or gratify the sexual desire of any individual.
        2. Sexual Battery: the criminal conduct described in Utah Code Ann. 76-9-702.1 and includes intentionally touching, whether or not through clothing, the anus, buttocks, or any part of the genitals of a student, or the breast of a female student, and the actor’s conduct is under circumstances the actor knows or should know will likely cause affront or alarm to the student touched; or
        3. A staff member and student sharing any sexually explicit or lewd communication, image, or photograph.
    2. Procedures
      Staff members shall act in a way that acknowledges and reflects their inherent positions of authority and influence over students.

      1. Staff members shall recognize and maintain appropriate personal boundaries in teaching, supervising and interacting with students and shall avoid boundary violations including behavior that could reasonably be considered grooming or lead to even an appearance of impropriety. It is not a boundary violation when a student acts or speaks in inappropriately familiar ways with a staff member without having been prompted to do so by the staff member, but such incidents must be promptly documented and reported to the staff member’s supervisor or the building principal and the student should be given guidance on proper student-staff relationships as directed by the supervisor or principal.
      2. A staff member may not subject a student to any form of abuse including, but not limited to:
        1. physical abuse;
        2. verbal abuse;
        3. sexual abuse; or
        4. mental abuse.
      3. A staff member shall not touch a student in a way that makes a reasonably objective student feel uncomfortable.
      4. A staff member shall not engage in any sexual conduct toward or sexual relations with a student including, but not limited to:
        1. viewing with a student, or allowing a student to view, pornography or any other sexually explicit or inappropriate images or content, whether video, audio, print, text or other format;
        2. sexual battery; or
        3. sexual assault.
      5. Staff member communications with students, whether verbal or electronic, shall be professional and avoid boundary violations.
      6. A staff member shall not provide gifts, special favors, or preferential treatment to a student or group of students.
      7. A staff member shall not discriminate against a student on the basis of sex, religion, national origin, gender identity, sexual orientation, or any other prohibited class.
      8. Staff member use of electronic devices and social media to communicate with students must comply with District policy, be professional, pertain to school activities or classes, and comply with the Family Educational Rights and Privacy Act.
      9. A staff member may not use or be under the influence of alcohol or illegal substances during work hours on school property or at school sponsored events while acting as a staff member. Additionally, a staff member may not use any form of tobacco or electronic cigarettes on school property or at school sponsored activities in an employment capacity.
      10. The prohibitions listed above in subsections 1 through 9 apply to staff member interaction with any student presently enrolled in the District and to staff member interaction with any former student who was enrolled at a school where the staff member was assigned during the student’s enrollment at that school for a period of two (2) years after the student ceased enrollment at that school.
      11. A staff member shall cooperate in any investigation concerning allegations of actions, conduct, or communications that if proven, would violate this policy.
      12. The District recognizes that familial relationships or other relationships which are independent of and which do not arise out of the school context between a staff member and a student or former student may provide for exceptions to certain provisions of this policy.
      13. Conduct prohibited by this policy is considered a violation of this policy regardless of whether the student may have consented.
    3. Reporting
      1. A staff member who has reason to believe there has been a violation of this policy shall immediately report such conduct to an appropriate supervisor or school administrator. If a staff member has reason to believe a school administrator has violated this policy, the staff member shall immediately report the conduct to the administrator’s supervisor.
      2. In addition to the obligation to report suspected child abuse or neglect to law enforcement or the Division of Child and Family Services under Utah Code Ann. 62A-4a-403:
        1. a staff member who has reasonable cause to believe that a student may have been physically or sexually abused by a school staff member shall immediately report the belief and all other relevant information to the school administrator, or to District Administration;
        2. a school administrator who has received a report or who otherwise has reasonable cause to believe that a student may have been physically or sexually abused by a school staff member shall immediately inform the District Administration of the reported abuse; and
        3. if the staff member suspected to have abused a student holds a professional educator license issued by the Utah State Board of Education, the District Administration shall immediately report that information to the Utah Professional Practices Advisory Commission;
        4. a person who makes a report under this subsection in good faith shall be immune from civil or criminal liability that might otherwise arise by reason of that report.
      3. A staff member who has knowledge of suspected incidents of bullying shall immediately notify the student’s building administrator in compliance with Policy AS98-Bulying, Cyberbullying and Hazing.
      4. Failing to report suspected misconduct as required herein is a violation of this policy, the Utah Educator Standards, and in some instances, state law, and may result in disciplinary action.
    4. Training
      1. Within 10 days of beginning employment with the District a staff member shall receive video training regarding this policy and shall electronically acknowledge having received training and understanding the policy.
      2. Staff members employed by the District at the time of initial adoption of this policy shall receive video training regarding this policy prior to the first day of the 2019-20 school year on which students will be in attendance and shall electronically acknowledge having received training and understanding the policy.
      3. All employees will receive video training annually as part of the crucial policy review.
    5. Violations
      A staff member found in violation of this policy will be subject to disciplinary action, up to and including removal as a volunteer or termination of employment in accordance with orderly termination policy DP316 NEG, DP316A and DP316B NEG.

REFERENCES

Utah Code Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting Requirements
Utah Code Section 53E-6-701, Mandatory Reporting of Physical or Sexual Abuse of Students
Utah Admin. Code R277-401, Child Abuse-Neglect Reporting by Education Personnel
Utah Admin. Code R277-515, Utah Educator Professional Standard
Utah Admin. Code R277-322, LEA Codes of Conduct
Utah Code Section 63G-7-301, Waivers of Immunity
Utah Code Section 76-5-401.1, Sexual Abuse of a Minor
Utah Code Section 76-9-702.1, Sexual Battery

Published on
  • Effective: 8/25/2015
  • Revision: 8/30/2016
  • Reviewed:
  1. Board Directive
    This policy is adopted in conformance with the provisions of Nursing Mothers in the Workplace, Utah Code § 34-49-101 et seq and the Utah Antidiscrimination Act, Utah Code § 34A-5-101 et seq.  The Board delegates to the District Administration the responsibility for developing and administering the policy for nursing mothers in the workplace and reasonable accommodations for pregnancy, childbirth, breastfeeding or related conditions.
  2. Administrative Policy
    1. Reasonable Breaks
      With regard to a breastfeeding employee, the District shall provide, for at least one year after the birth of the employee’s child, reasonable breaks to accommodate the employee’s needs to breast feed or express milk.  The District shall consult with the employee to determine the frequency and duration of the breaks.  A break shall, to the extent possible, run concurrent with any other break period otherwise provided to the employee.
    2. Private Location
      The District shall provide for a breastfeeding employee a room or other location in close proximity to the breastfeeding employee's work area.  The room or location may not be a bathroom or toilet stall.  The room or location shall be maintained in a clean and sanitary condition, provide privacy shielded from the view of and intrusion from coworkers or the public, be available for the reasonable breaks as determined in consultation with the District and have an electrical outlet.The District is not required to provide a room or other location if compliance would create an undue hardship on the operations of the District by causing the District significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the District's operations.
    3. Refrigerator or Freezer
      The District shall provide access to a clean and well-maintained refrigerator or freezer for the temporary storage of a breastfeeding employee's breast milk.  For any District employees who do not work in an office building, the District may instead provide a non-electric insulated cooler for storage of the breast milk.
    4. Reasonable Accommodation
      The District will provide a reasonable accommodation for an employee related to pregnancy, childbirth, breastfeeding or related conditions.
      In considering a request for a reasonable accommodation, the District will require a certification from the employee’s health care provider concerning the medical advisability of a reasonable accommodation which must include:

      1. the date the reasonable accommodation becomes medically advisable;
      2. the probable duration of the reasonable accommodation; and
      3. an explanatory statement as to the medical advisability of the reasonable accommodation.

      The District is not required to permit an employee to have the employee’s child at the workplace for purposes of accommodations for pregnancy, childbirth, breastfeeding or related conditions.

Published on
  • Effective: 9/17/02
  • Revision:
  • Reviewed: 5/28/13
  1. Board Directive
    The District’s Family and Medical Leave policy is designed to comply with the provisions of the Family and Medical Leave Act (FMLA), 29 USC 2601.  This law entitles eligible employees to receive up to 12 workweeks of unpaid leave each school year (July 1–June 30) for serious medical conditions.  An eligible employee shall be required to use accrued personal leave, family leave, sick leave, and vacation leave, as applicable, prior to the use of leave without pay for the family and medical leave period.  The Board delegates to the Administration responsibility for establishing policy for Family and Medical Leave Benefits.
  2. Administrative Policy
    The Family and Medical Leave policy shall be administered according to the following administrative policy provisions:

    1.  Definitions
      1. An “eligible employee” means any employee who has been employed for at least 12 months by the District and worked for at least 1,250 hours during the 12-month period immediately preceding the commencement of leave.
      2. The term “employment benefits” means all benefits provided by the District to its employees such as group life insurance, health insurance, disability insurance, sick leave, personal leave, vacation leave and pension or retirement benefits.
      3. The term “eligible family member” means a spouse, son, daughter or parent of the eligible employee.
      4. The term “spouse” is defined in accordance with applicable Utah State law.
      5. The term “son or daughter” means biological, adopted, or foster child, a stepchild, or a legal ward, or a child of a person standing in loco parentis.  A child is less than 18 years of age, or older than 18 years, but incapable of self-care due to mental or physical disability.
      6. The term “parent” means the biological parent of the eligible employee or an individual who stands or stood in loco parentis to an employee when the employee was under 18 or incapable of self-care.  This does not include parents-in-law.
      7. The term “serious health condition” means an illness, impairment, or physical or mental condition that requires:
        1. Inpatient care in a hospital, hospice, or residential medical facility; and any period of incapacity or subsequent treatment in connection with such inpatient care, or
        2. Continuing treatment certified as required by a health care provider.
      8. The term “health care provider” means:
        1. Doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
        2. Any person determined by the secretary of labor to be capable of providing health care services (§29 C.F.R.–825.118); or
    2. Entitlement to Leave
      An eligible employee is entitled to 12 workweeks of leave without pay each school year, (July 1–|June 30) in the event of any of the following:

      1. The birth of a son or daughter of the employee and to care for that son or daughter;
      2. The placement of a son or daughter with the employee for adoption or foster care;
      3. An eligible family member has a serious health condition; or
      4. The employee suffers from a serious health condition that makes the employee unable to perform the essential functions of the employee’s position.
    3. Relation to Other Non-Paid Leave
      Any employee who is entitled to unpaid leave under any other District policy shall be limited to the additional weeks of leave necessary to attain the total 12 workweeks of leave provided by this policy.
    4. Relation to Other Leave
      The District shall require the employee to use accrued personal leave, family leave, sick leave, and vacation leave, as applicable, before the use of leave without pay for the family and medical leave period.  Existing District policy governing appropriate use of sick, personal leave, and vacation days are applicable.  If an employee uses accrued compensatory time, that leave time may not be counted against the FMLA leave entitlement.  The total family leave period, whether paid or unpaid, shall not exceed 12 workweeks.
    5. Employee Leave Notice
      Employees, or an appropriate representative, shall submit a request for family or medical leave 30 days in advance when the need for the leave is foreseeable, or as soon as possible in emergencies.
      The District may designate FMLA leave after the fact only:

      1. If the reason for leave was previously unknown, provided the reason for leave is made within two business days after the employee's return to work; and
      2. The District has preliminarily designated the leave as FMLA pending medical certification.
    6. Intermittent Leave
      Leave due to a serious health condition of an employee or eligible family member may be taken intermittently or on a reduced schedule when medically necessary.  The employee requesting intermittent leave or leave on a reduced leave schedule for planned medical treatment must develop a schedule with his or her immediate supervisor, and, based on input from the health care provider, meets the District’s needs without unduly disrupting the District’s operation.  If an employee requests intermittent leave or leave on a reduced schedule for a foreseeable, planned medical treatment, the District may require the employee to transfer temporarily to an available alternative position with equivalent pay and benefits that better accommodates recurring periods of leave.  The District will make the determination as to whether a position is an equivalent position.
    7. Required Documentation
      The District shall document leave requests which qualify as FMLA leave, and will designate any qualifying leave taken by employees as FMLA leave.  All leave qualifying as FMLA leave shall be designated as such and shall be subject to all provisions of this rule.  No other leave shall be granted until the employee has exhausted his/her 12-week entitlement under FMLA.  The District shall notify the employee in writing of the designation of FMLA within two business days, or as soon as a determination can be made, that the leave requested qualifies as FMLA if the preliminary information is not sufficient to make such determination.
      Written notice to employees shall include the following information:

      1. That the leave will be counted against the employee’s annual FMLA entitlement.
      2. Any requirements for the employee to furnish medical certification of a serious health condition and the consequences for not doing so.
      3. A statement explaining that the employee will be required to exhaust unused personal leave, family leave, sick leave, and vacation leave, as applicable, before going into unpaid leave status.
      4. Any requirement for the employee to make any premium payments to maintain health benefits and the arrangements for making such payments, and the possible consequences of failure to make such payments on a timely basis.
      5. Any requirement for the employee to present a medical release before being restored to employment.
      6. The employee’s right to restoration to the same or an equivalent job upon return from leave.
      7. The employee’s potential liability for payment of health insurance premiums paid by the District during the employee’s unpaid FMLA leave if the employee fails to return to work after taking FMLA leave.
    8. Spouses of Employees Employed by the District
      In any case, where both husband and wife are employees of the District and both seek leave under this policy, such leave shall be limited to an aggregate 12 workweeks during any 12-month period if:

      1. Leave is sought to care for a newborn daughter or son or the adoption of a daughter or son; or
      2. Leave is sought to care for a sick parent.
      3. If the leave is requested for either the husband’s or the wife’s own serious illness or the serious health condition of the couple’s son or daughter, the aggregate 12-workweek limitation in the FMLA does not apply.
    9. Required Medical Certification for Leave
      A certificate issued by a health care provider of the eligible employee or the eligible family member must support all requests for leave under this policy.

      1. The Certificate: “Medical Certification Statement—Employee’s Own Serious Illness” or “Medical Certification Statement for Family Members,” shall be provided within 15 days after leave is requested.
      2. A certificate is sufficient if it states:
        1. the date on which the serious health condition commenced.
        2. the probable duration of the condition
        3. the appropriate medical facts regarding the condition
        4. a statement that the serious medical condition prevents the employee from performing the essential tasks of the applicable employment position or that it requires the employee to attend and care for an eligible family member.
      3. The District may require, at its option and expense, second or third certifications in support of a request for leave.
      4. The District shall require recertification of the necessity for the family or medical leave at reasonable intervals, but not more than every 30 days, unless:
        1. the employee requests an extension of leave.
        2. circumstances described in the previous certification has changed significantly; or
      5. the District receives information that casts doubt on the continuing validity of the certification.
    10. Required Medical Certification for Return
      All employees returning from leave caused by a serious health condition shall provide a certificate addressing the employee’s fitness for duty issued by a health care provider of the eligible employee.

      1. The certificate shall be provided at least seven calendar days before the requested return date.
      2. A certificate is sufficient if it states:
        1. the employee is medically fit to return to work in the previous position.
        2. the appropriate medical facts regarding the employee’s fitness to return to work.
        3. a statement that the serious medical condition no longer prevents the employee from performing the essential tasks of the position.
      3. The District may require, at its option and expense, second or third certification in support of a request to return to work.
    11. Restoration of the Employee
      An employee who takes a leave complying with the provisions of this policy is entitled upon return from leave to:

      1. Be restored to the position held by the employee prior to leave; or
      2. Be provided an equivalent position in terms of benefits, pay and other terms and conditions of employment.
      3. A determination as to whether a position is an equivalent position will be made by the District.
    12. Denial of Restoration
      The District may deny restoration of status or equivalent position, if:

      1. The denial is necessary to prevent substantial and grievous economic injury to the operations of the District.
      2. The District notifies the employee that it intends to deny restoration when it determines that injury to the employee would occur.
      3. The employee elects not to return to employment.
    13. Effects on Benefits
      During the family or medical leave period, the District shall continue to pay its portion of the employee’s group health insurance premium. An employee on family or medical leave must continue to pay his or her portion of the health insurance premium in order to keep coverage in effect.
    14. Non-Accrual of Seniority
      An employee is not entitled to the accrual of any seniority or employment benefits that would have accrued if not for the taking of family or medical leave. An employee who takes family or medical leave will not lose any seniority or employment benefits that accrued before the date leave began.
    15. Failure to Return
      If an employee fails to return to work after unpaid FMLA leave has ended, the District may recover, with certain exceptions, the health insurance premiums paid by the District on the employee’s behalf during unpaid leave.  An employee is considered to have returned to work if he or she returns for at least 30 calendar days.  An exception to this may be made if an employee’s circumstances change unexpectedly beyond their control during the leave period, which make them unable to return to work at the end of twelve workweeks.  Medical certification is required.
    16. Rules Applicable Near End of School Year
      If the employee begins leave more than five weeks prior to the end of the school year, the District may require the employee to continue taking unpaid leave until the end of the school year if:

      1. The leave requested is of at least three weeks duration; and
      2. The return to employment would occur during the one-week period before the end of the school year.
    17. Leave Less Than Five Weeks Prior to the End of School Year
      If the employee begins leave for reasons other than a personal serious health condition which commences less than five weeks prior to the end of the school year, then the District may require the employee to continue to take unpaid leave until the end of the school year if:

      1. The leave requested is of greater than a two-week duration; and
      2. The return to employment would occur during the two-week period before the end of the school year.
    18. Leave Less Than Three Weeks Prior to End of School Year
      If the employee begins leave for reasons other than personal serious health conditions during the period that commences three weeks prior to the end of the school year and the leave is greater than five working days, then the District may require the employee to continue to take unpaid leave until the end of the school year.
    19. Application for Leave
      Forms for application and certification of FMLA are available in the Department of Human Resources office.  Medical records created for the purpose of FMLA and the Americans with Disabilities Act must be maintained in a separate, confidential file.
    20. Posting of Notice
      A notice of rights under this policy, approved by the Secretary of Labor, shall be posted by the District in a conspicuous place on school or District office premises.

Published on
  • Effective: 3/21/2006
  • Revision: 7/22/2014
  • Reviewed: 7/25/2017

This policy only applies to employees who were hired before July 1, 2006, and who retire from the District and the Utah Retirement Systems after June 30, 2006.

  1. Board Directive
    It is the intent of the Board to:

    1. Implement procedures for terminating District post-retirement benefits to employees.
    2. Comply with the Age Discrimination in Employment Amendments of 1986 (P.L. No. 99-592).  An employee's age shall not be a factor in determining separation from employment.
    3. Eliminate policies DP319 NEG, Retirement–Licensed; DP319B NEG, Retirement–Classified;  DP320, Early Retirement Incentive for Administrators (Voluntary) and DP321 NEG, Early Retirement Incentive–Licensed (Voluntary) for any employee retiring after the start of their 2006-07 contract or any employee hired after July 1, 2006.  If the employee retired with the District and the Utah Retirement Systems before the 2006-07 contract year, the following policies apply: DP319 NEG, DP319B NEG, DP320 and DP321 NEG.
    4. Provide a frozen benefit for employees hired prior to July 1, 2006.
    5. Allow all regular full-time employees participating to purchase years of service as allowed by Utah Retirement System.
  2. Administrative Policy
    1. Eligibility
      This policy pertains to eligible employees who meet all of the following criteria:

      1. Hired before July 1, 2006.
      2. Was an active employee at the end of the 2005-06 contract year.  Those on official leaves of absence or sabbatical leaves are considered active employees (however, for this policy, to determine the amount used and eligibility, refer to the previous year paid).  Those on disability or personal leaves are not considered active employees since their employment was terminated at the time of their leave.
      3. Retires from the District and under the provisions of the Utah State Retirement Systems, at the same time, after the beginning of the 2006-07 contract year.
    2. Notification of Intent to Retire
      1. An employee must give notice of intent to retire in writing at least 30 days (60 days for Administration) before the effective retirement date to the Human Resources Department to facilitate an appropriate time to hire a replacement for the position being vacated.  Failure to do so will result in a $500 penalty and a letter of unprofessional conduct placed in the employee's personnel file.
        before the effective retirement date to the Human Resources Department to facilitate an appropriate time
      2. The Director of Payroll, or his/her designee, shall provide assistance to retiring District employees with their District retirement benefits.  Application for State retirement benefits should be coordinated through the Utah Retirement Systems.
    3. Scaling Down of Benefit Calculation
      Under each of the following cash payments (Sick and Personal Leave Bonus, $75 per Year Service Credit, Cash in Lieu of Insurance, and Early Retirement Incentive) the calculated amount will be multiplied by the following factor.  Those with 25 or more full-time equivalent contract years as of the end of the 2005-06 contract year will receive 100 percent of the calculated amount and those with less than 25 years have a 3.06 percent reduction for each year under 25 years as follows:

      Full-Time Equivalent Contract Years in Jordan School
      District at the End of the 2005-06 Contract Year

      Multiplication
      Factor

      25+
      25
      24
      23
      22
      21
      20
      19
      18
      17
      16
      15
      14
      13
      12
      11
      10
      9
      8
      7
      6
      5
      4
      3
      2
      1

      1.0000
      1.0000
      0.9694
      0.9388
      0.9082
      0.8776
      0.8470
      0.8164
      0.7858
      0.7552
      0.7246
      0.6940
      0.6634
      0.6328
      0.6022
      0.5716
      0.5410
      0.5104
      0.4798
      0.4492
      0.4186
      0.3880
      0.3574
      0.3268
      0.2962
      0.2656
    4. Benefits
      The first three of the following benefits are applicable to all three employee groups (Licensed, Classified, and Administrative).  The fourth benefit, Retirement Incentive, is only applicable to Administrative and Licensed employees.

      1. Sick and Personal Leave Bonus:
        Eligible employees will be paid for unused sick, personal leave days, and alternative leave days up to the end of their 2005-06 contract.  This will be paid at the time of retirement based on 30 percent for Classified and 25 percent for Licensed and Administrative employees' 2005-06 lane and step (daily rate).

        1. Daily rate at the end of the 2005-06 contract year is used for figuring the value of unused sick leave (Licensed use the standard 184-day contract - C salary schedule).
        2. Total eligible days will be computed at the rate of one (1) day per basic contract month from the date of continuous employment in the District up to the end of the 2005-06 contract.  For example, nine (9) days per year for nine-month employees, 11 days per year for 11-month employees, and 12 days per year for 12-month employees.
        3. Sick days used, including sick bank days and family health days used, from the date of continuous employment in the District up to the end of the 2005-06 contract will be subtracted from the total possible accumulation.  Emergency days used between July 1, 1993, and July 1, 1997, are also subtracted from the total accumulation.
        4. The maximum benefit is 180 days for nine-month employees, 220 days for 11-month employees, and 240 days for 12-month employees.
        5. Additional days will be added to this maximum benefit at the rate of two (2) days for each year (up to the end of the 2005-06 contract year) that no more than one (1) day of sick leave was used, including days deducted for sick leave bank and family sick days.
        6. Additional days will be added to this maximum benefit for Alternative Leave Days and Personal Leave Days not used up to the end of the 2005-06 contract year.
        7. At the time of retirement, if an employee has fewer days available than were accrued at the end of the 2005-06 contract, then the incentive amount will be reduced to reflect the lower number of days.
          Example 1:  An employee has his/her days figured according to the above outlined formula (A. through F.) and has 106 total days allowed for the sick leave payout at the end of the 2005-06 school year.  In the 2006-07 school year if the employee accrued 15 new sick leave days and used 25 sick leave days and then retired at the end of the school year, the employee total days allowed of 106 would be reduced to 96 days for the retirement payout.
          Example 2:  An employee has reached the maximum days allowed for his/her contract and does not show any new accrued days.  At the time of retirement a calculation will be done to show what days would have accrued if the employee had not reached the maximum allowed.  These examples show an employee whose maximum days allowed is 180 and works until the 2013-14 school year before retiring:
          Employee A:  Would have earned 15 days per year during eight additional years of employment equaling 120 days and during the eight-year period used 50 days.  There is no change from the retirement sick leave calculated at the end of 2005-06.
          Employee B:  Accrued 15 days during the eight more years of employment equaling 120 but his/her usage during the eight-year period amounted to 150 days.  His/her calculated sick leave retirement benefit would be reduced by 30 days.
        8. Employees will continue to accrue leave days beyond the 2005-06 contract.
        9. Retirees with 25 years of service with the Utah State Retirement Systems have the option of authorizing the District to use the sick and personal leave bonus and the $75 per year service award to purchase additional service credit for the employee through the State Retirement System.  Compensation used to purchase service credit is not reported as income to the employee.
        10. The above calculated dollar amount will be multiplied by the applicable factor in item C.
          Note:  This formula for retirement benefit has no relationship to the amount of available eligible sick leave days shown on the Time and Attendance Report or on the employee's check stub.
      2. $75 per Year Service Award:
        At the time of retirement, a one-time payment will be made of $75 for each year of service in Jordan School District up to the end of the 2005-06 contract year.  This dollar amount will be multiplied by the applicable factor in item C.  (For example, 24.68 years multiplied by $75 equals $1,851 multiplied by the applicable yearly factor (0.9694) equals a one-time payment of $1,794.)
      3. Cash in Lieu of Health and Life Insurance Benefits for Retirees
        1. Health and Life Insurance
          1. Employees working fewer than four hours per day (at the end of the 2005-06 contract year) are not eligible for this retiree insurance benefit.
          2. This benefit shall be calculated using contracted full-time equivalent years of service in Jordan School District.  Years of service will be calculated on full-time equivalents; e.g. two years of half-time service equal one year of full-time service, up to the end of the 2005-06 contract year.
          3. The amount paid to the retiree shall be based on the 2005-06 District paid composite rate of insurance of $7,560 per insurance year earned and the current District Medicare supplemental rate (not less than $1,812 a year and not to exceed $7,560 a year) per insurance year earned beyond the age of Medicare eligibility (in 2005-06, age 65).  If the District does not have a Medicare supplemental rate, the rate to be used will be based on $1,812 for 2006-07 and will increase five percent for each year thereafter (not to exceed $7,560 a year) as follows:
            2006-07
            2007-08
            2008-09
            2009-10
            2010-11
            2011-12
            2012-13
            2013-14
            2014-15
            2015-16
            2016-17
            2017-18
            2018-19
            2019-20
            2020-21
            2021-22
            $1,812
            $1,903
            $1,998
            $2,098
            $2,202
            $2,313
            $2,428
            $2,550
            $2,677
            $2,811
            $2,952
            $3,099
            $3,254
            $3,417
            $3,588
            $3,767
            2022-23
            2023-24
            2024-25
            2025-26
            2026-27
            2027-28
            2028-29
            2029-30
            2030-31
            2031-32
            2032-33
            2033-34
            2034-35
            2035-36
            2036-37
            $3,955
            $4,153
            $4,361
            $4,579
            $4,808
            $5,048
            $5,301
            $5,566
            $5,844
            $6,136
            $6,443
            $6,765
            $7,103
            $7,458
            $7,560

            For example, if the employee retires at age 63 and has 4.80 insurance years, the retiree would receive two years at $7,560 a year and 2.80 years at the current supplemental rate, or the amount above if no District rate is available (no less than $1,812 and not to exceed $7,560) per year.

          4. The number of insurance years to be paid shall be computed by multiplying the full-time equivalent years in the District by 0.2 and rounding to the nearest month.  For example, 24.25 years in the District equals 4.85 years of insurance which rounds to 58 months.
          5. The amount calculated above will be paid to the employee over the same period of time calculated in item (4) above in monthly installments as earnings (which is taxable).  If, in the future, other payment options become legal (as determined by District legal counsel or the IRS) and appropriate (i.e. tax deferred, health savings account, flex plan) the District will allow such options.
          6. Employees who complete their contract and retire effective at the end of their contract year shall be covered under their regular contract insurance plan to the end of the contract year.  The cash in lieu of retiree insurance coverage shall commence with the next contract year and shall continue for the number of years indicated by item (4) above.
          7. Should an employee retire before the end of the contract year, their employee health insurance coverage terminates on the last day of the month of employment effective Sept. 1, 2010.  The payments for the cash in lieu of insurance coverage begin the following month.
            (8) The above calculated dollar amount will be multiplied by the applicable factor in item C.
        2. Insurance Lump-Sum Payout
          The retiree may choose to receive the entire insurance benefit in one lump-sum payment.  The lump-sum payment will be discounted by the prime interest rate (at the end of the previous quarter) plus two percent for each year to offset the District's loss of interest earnings.  If this option is chosen, and the retiree returns to District employment during the calculated payout period, the employee is not eligible for District-paid insurance.  The employee may at his/her option purchase health insurance at the retiree insurance rate (not the employee insurance rate).
          Insurance monies received in a lump sum are taxable. These funds, once paid to the employee, may be used at the employee's discretion, including the purchase of retirement credit.
        3. Insurance Benefits for Retirees Enrolled in COBRA
          Upon retirement, the employee may elect to receive insurance benefits through COBRA.  This is a federal law requiring employers to give former employees and their dependents the option to purchase insurance from the former employer at the rate of 102 percent of the premium cost for 18 months.  For more information on COBRA coverage and how it affects the spouse or dependents of the employee, please contact the Insurance Department.
        4. Retiree Purchase of Insurance
          Beginning with the 2006-07 contract year, those employed at the end of the 2005-06 contract year, who later retire with the Utah State Retirement Systems and Jordan School District at the same time, will be able to purchase health insurance through Jordan School District using the following guidelines:

          1. Retirees must have worked ten (10) full-time equivalent years in Jordan School District by the time they retire (including years before and after the 2005-06 contract year) to qualify for the retiree health insurance benefit.
          2. Health insurance must be continuous from the date of retirement.  Any lapse in coverage will cause forfeiture of the benefit.
          3. The retiree must remain on the health insurance plan for eligible dependents to enroll.
          4. The retiree must elect COBRA coverage at 102 percent of the yearly premium amount for the first 18 months after retirement.
          5. After COBRA coverage has ended, the health insurance premiums for retirees will be based upon 110 percent of the current yearly premium for the next six months.
          6. After the 110 percent six-month period has ended, the health insurance premiums for retirees will be based upon a percentage added to the yearly premium.  The percentage added to the yearly District premium will be reassessed annually and be based on the average of the three prior years of actual retiree claims data.
          7. A retiree, or his/her dependents, are no longer eligible to purchase District insurance coverage upon the death of the retiree or when the retiree becomes Medicare eligible. (COBRA coverage will be offered to eligible dependents.)
          8. If the employee had dual coverage during employment (i.e. spouse working for the District as well), and the couple purchases couple coverage into retirement and the spouse dies, the retiree will have the option to purchase insurance as if he/she chose single coverage when he/she retired, unless the retiree took the insurance lump-sum payout.
          9. If the retiree returns to Jordan School District employment and works beyond earned months of the insurance payout and then terminates employment, the retiree will be given a COBRA offer for the continuation of insurance for up to 18 months.  Beyond COBRA coverage, the retired employee will no longer be eligible to purchase further insurance coverage.
        5. All District insurance benefits, including the cash in lieu of insurance coverage, terminate at the time of the retiree's death.
        6. If a retiree returns to Jordan School District/or Canyons District employment while still eligible for the cash in lieu of insurance payout, the retiree may choose District-provided health insurance or continue receiving the cash in lieu payment.
          (1) The payout months will run concurrent with active months.
          (2) The payout months will not be postponed or delayed while actively employed.
        7. Future changes in federal or state law can change this benefit.  It is not the intent for this policy to be given in addition to obligations mandated or provided by governing bodies in the future (e.g. state or national health plans).  Under these circumstances the employee will no longer be eligible for this cash in lieu of insurance payment.
      4. Retirement Incentive
        1. Only licensed and administrative employees as of the end of the 2005-06 contract year, who later retire with the District under the provisions of the Utah Retirement Systems, are eligible for this benefit.
        2. Employees working fewer than four hours per day (at the end of the 2005-06 contract year) are not eligible for this retiree benefit.
        3. This benefit shall be calculated using contracted full-time equivalent years of service in Jordan School District.  Years of service will be calculated on full-time equivalents (e.g. two years of half-time service equal one year of full-time service) up to the end of the 2005-06 contract year.
        4. For a period of time described below:
          1. Licensed retirees will receive a percentage of the difference between Lane A, Step 1, of the 2005-06 Teachers Salary Schedule C (see attached schedule) and that lane and step which the employee was on at the end of the 2005-06 contract year.  Retirees paid on any other salary schedule shall have their salary placement converted to the full-time equivalent lane and step on the C schedule to calculate this benefit.
          2. Administrative retirees will receive a percentage of the difference between Lane A, Step 1, of the 2005-06 Teachers Salary Schedule C (see attached schedule) and Lane G, Step 25 of the 2005-06 Teachers Salary Schedule C, plus 10 percent of the difference between the Administrator's 2005-06 salary and the amount on Lane G, Step 25, of the 2005-06 Teachers Salary Schedule C.
        5. The percentage referred to in item d. above shall be the lower of 58 percent or 1.93333 percent for each year in the District.  For example, 24.25 years equals 46.88 percent.
        6. The above calculated amount will be multiplied by the applicable factor in item C.
        7. The amount calculated above is paid for four (4) years.  Upon retirement, an employee has four options:
          1. 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 Systems as allowed by the Utah State Retirement Systems and Utah State law (See Senate Bill 34 passed by the State Legislature in 1995).  The lump sum amount used to procure retirement credit shall be discounted by the prime interest rate (at the end of the previous quarter) plus two percent for each year to offset the District's loss of interest earnings.
          3. The retiree may receive the monthly benefit for the remainder of the current fiscal year (ending June 30) in a lump sum payment.  The prime interest rate (at the end of the previous quarter) plus two percent will be imposed to offset the District's loss of interest earnings.
          4. The retiree may receive the entire retirement in one lump sum.  The lump sum payment will be discounted by the prime interest rate (at the end of the previous quarter) plus two percent for each year to offset the District's loss of interest earnings.
        8. If the retiree should die at any point between actual retirement and the four-year entitlement, a one-time lump sum death benefit payment still due the retiree will be paid to the designated surviving beneficiary as listed at the time of retirement on District life insurance forms, unless a change in beneficiary status has been filed with the District.  The lump sum payment will be discounted by the prime interest rate (at the end of the previous quarter) plus two percent for each year to offset the District's loss of interest earnings.
    5. Post Retirement
      If an employee has retired under the Utah State Retirement Act and desires to be rehired, he/she must meet the provisions of the current Utah Code:

      1. Retirees desiring to be rehired by the District must make application to Jordan School District.
      2. Employees who have retired and are then rehired will not be placed on a step greater than:
        1. Classified employees –Step 3 Lane B. (Effective July 1, 2013-Step 4 of the appropriate lane)
        2. Licensed employees – See policy DP309 NEG - Salary Guidelines
        3. Administrative employees – Step 5
          This provision does not supersede policies DP307, Staff Selection, Promotion, and Salary Placement–Classified item II. D. 6.; and DP309 NEG, Salary Guidelines item II. F.
      3. A person who retires and returns to work for Jordan School District or Canyons District while still eligible for the cash in lieu of insurance payout, the retiree may choose District-provided health insurance or continue receiving the cash in lieu payout.
      4. Employees who have retired and are then rehired serve one year as a provisional employee and all policies regarding provisional status must be followed.

2005-06
TEACHERS SALARY SCHEDULE C

Hours Represented on the Lanes are Hours Earned Beyond and After
Bachelor's Degree and Original Teaching License

BACHELOR'S PLUS 90 QTR/60 SEM = LANE D + $500 - DOCTORATE = LANE G + $1,200 - NATIONAL BOARD CERT +$1000

Step

Bachelor's
Degree

Graduate and/or Approved Credit
Earned After Bachelor's Degree

Master's
Degree

Graduate
Hours
and/or
Credit
Earned After
Master's

Lane A

Lane B

Lane C

Lane D

Lane E

Lane G

Bachelor's
Degree

B + 30
quarter or
20 semester

B + 45
quarter or
30 semester

B + 60
quarter or
40 semester

Master's
Degree

M + 45
quarter or
30 semester

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

 $26,382
$26,382
$26,382
$27,614
$28,907
$30,258
$31,676
$33,161
$34,714
$36,816
$37,001
$37,001
$37,001
$37,001
$37,001
$37,001
$37,741
$37,741
$37,741
$37,741
$38,011
$38,011
$38,011
$38,011
$38,678

 $26,968
$26,968
$26,968
$28,211
$29,512
$30,874
$32,300
$33,785
$35,342
$36,974
$39,187
$39,383
$39,383
$39,383
$39,383
$39,383
$40,171
$40,171
$40,171
$40,171
$40,457
$40,457
$40,457
$40,457
$41,155

 $27,311
$27,311
$27,311
$28,574
$29,890
$31,270
$32,708
$34,218
$35,797
$37,446
$39,688
$41,513
$41,721
$41,721
$41,721
$41,721
$42,555
$42,555
$42,555
$42,555
$42,859
$42,859
$42,859
$42,859
$43,587

 $27,778
$27,778
$27,778
$29,031
$30,344
$31,716
$33,151
$34,649
$36,210
$37,849
$40,068
$41,911
$43,784
$44,004
$44,004
$44,004
$44,881
$44,881
$44,881
$44,881
$45,202
$45,202
$45,202
$45,202
$45,958

 $29,187
$29,187
$29,187
$30,468
$31,808
$33,209
$34,671
$36,198
$37,786
$39,453
$41,347
$42,998
$44,886
$47,481
$47,718
$47,718
$48,675
$48,675
$48,675
$48,675
$49,022
$49,022
$49,022
$49,022
$49,824

 $30,501
$30,501
$30,501
$31,847
$33,246
$34,709
$36,234
$37,828
$39,494
$41,232
$43,046
$44,937
$46,914
$49,621
$49,870
$49,870
$50,867
$50,867
$50,867
$50,867
$51,229
$51,229
$51,229
$51,229
$52,060

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: 9/28/1981
  • Revision: 7/12/2011
  • Reviewed: 6/10/2014
  1. Board Directive
    The Board recognizes the need for an orderly process when circumstances make it necessary to reduce staff.  In the event that it becomes necessary to reduce staff, responsibility is delegated to the District Administration for implementing the policy according to established policy provisions.
  2. Administrative Policy
    The Reduction in Force Policy for education support professionals shall be implemented according to the following administrative policy provisions:

    1. Reduction in Force
      1. In the event of declining student enrollment, the discontinuance or substantial reduction of a particular service or program, the shortage of anticipated revenue, school consolidation, or other unforeseen circumstances, it may become necessary to initiate a reduction in force (RIF).  If a RIF is necessary, seniority will not be used in employee RIF determinations; however, decisions may be within the discretion of the school district to consider the following:
        1. Program and staffing needs of the District
        2. Employee performance evaluation (Jordan Education Support Professionals Evaluation System)
      2. Under normal circumstances, staff members who are to be affected by a reduction in force shall receive at least thirty (30) days notice.
    2.  Rehire
      1. If an education support professional is terminated through a RIF, the employee will be given first consideration for available positions for which they apply and qualify within one (1) year of the date of the RIF.  However, there is no guarantee of continued employment.
      2. If an education support professional subject to a RIF is rehired within one calendar year from the date of the RIF, the employee will receive appropriate step increases, if any have been authorized, and accrued sick leave and other leave benefits will be reinstated at the level existing at the time of the RIF, excluding accrued vacation previously paid out.  If an employee accepts a position on a lower salary lane, benefits and salary will be adjusted to reflect the new lane placement.

Published on
  • Effective: 6/28/77
  • Revision: 6/10/14
  1. Board Directive
    It is the directive of the Board that all education support professionals have one (1) year of provisional employment.  Education support professionals having given satisfactory service during their first year of employment by the District may be continued in employment upon the recommendation of the Superintendent, and in accordance with established administrative policy.  The Board delegates to the Administration the responsibility for implementing a policy for provisional and probationary education support professionals and overseeing the probationary period.
  2. Administrative Policy
    Provisional employment shall be established in accordance with the following administrative policy provisions:

    1. Education support professionals employed by the District shall have a provisional period of one (1) year.
    2. The provisional employee shall have access to information, which includes:
      1. A statement of the procedures and personnel policies of the Administration for education support professionals.
      2. A statement of the criteria for evaluation.
      3. A statement indicating the sources of supervisory help.
    3. Provisional employees shall be evaluated in writing prior to the end of each six-month period of their first year of employment.  This evaluation shall be discussed and signed by both employee and immediate supervisor.
    4. All employees entering or returning to the system shall be placed on first year provisional status.
    5. Continuance of service following a provisional appointment shall be dependent upon the employee's continued successful performance.
    6. Any education support professionals may be recommended by his/her immediate supervisor to be placed on probation at any time, as established by policy DP312—Evaluation of Education Support Professionals (refer to guidelines in the “Supervisors Guide to Evaluation”).  A conference with the employee must be held explaining the reason for probation.  Prior to the conference, the employee must be notified of the right to representation by an agent of his/her choice.  The recommendation and all supportive information shall be forwarded to the Administrator of Human Resources.
    7. After notification from the Administrator of Human Resources of being placed on probation, the employee shall also be informed that his/her unsatisfactory performance must be rectified within thirty (30) days of notification or his/her termination will be recommended.  A copy of the probation report shall be placed in the employee’s file at the District Office.  After the thirty (30) days of probation, the employee shall be reevaluated or released from probation if termination is not recommended. If termination is recommended after thirty (30) days, the employee shall be given an additional fifteen (15) days' notice prior to his/her being terminated.
    8. When an employee is taken off probation as a result of improved performance, a written notice will also be submitted to the employee by the Administrator of Human Resources and a copy shall be placed in the employee's personnel file at the District Office.
    9. Provisional employees shall not be eligible for transfer to another job assignment or promotion until he/she has worked one year of continuous employment at the current assignment.  However, this requirement may be waived based on either of the following:
      1. In the event there are no non-provisional employees who apply and qualify for the position.
      2. Both the current administrator of the provisional employee and the hiring administrator submit his/her approval through email to Human Resources.

Published on
  • Effective: 6/22/1976
  • Revision: 7/1/2023
  • Reviewed: 6/25/2013
  1. Board Directive
    Jordan School District will comply with federal law in relation to hours of work for all education support professionals.  The Board of Education directs the District Administration to establish policy respecting hours of work.
  2. Administrative Policy
    1. The established work week for all education support professionals begins Monday at 12:01 a.m. and ends Sunday night at midnight.
    2. The maximum workweek by full-time education support professionals at their regular rate of pay shall be forty (40) hours.
    3. Education support professionals who fall under the guidelines of the Fair Labor Standards Act (personnel included on the classified master salary schedule) must be paid at one and one-half times the regular rate of pay for all hours worked over 40 in a work week or receive compensatory time off during the two successive pay periods (first to last day of the month in which work is done) at the rate of one and one-half times the actual overtime worked during any workweek.  Only compensatory time will be considered hours worked for the purpose of calculating the 40-hour work week.  All compensatory time earned must be pre-approved by the appropriate director, principal or supervisor.  The tracking of such earning and using of compensatory time will be done through Skyward Employee Access.
    4. All education support professionals shall receive a minimum of two (2) hours call-back time at their regular rate of pay for any time they are required to return to work after their regularly scheduled work time.
      1. An employee is eligible for call-back time when he/she is called to return to work after his/her regularly scheduled contract.  The call to return to work is generally made outside the employee’s regularly scheduled contract (before or after) and is made with short notice to the employee. An extension of the work day is not considered call-back time.  This would include a request to extend an employee’s work day after the employee’s normal work time or a request for the employee to report to work prior to the employee’s normal work time.
      2. Employees who are called on an emergency basis to return to work shall be paid for actual travel time to and from work, up to a maximum of 15 minutes each way.  Travel time will be included in the two hour minimum call-back time.  If there are extenuating circumstances that require travel time longer than the 15 minute allocation, the principal or director must be notified and must approve the additional time.
      3. If an employee is eligible for call-back time and the amount of work required, including travel time, is less than two hours, the District, in its discretion, may require the employee to work the full two hours.  Mutual agreement of time worked must be made between the employee and supervisor at the time of the request.  The employee may waive the two hour call-back time and be paid for time worked and travel time only.
    5. All benefit eligible (contract) education support professionals shall track all leave time (hours not worked) using Skyward Employee Access.
    6. All hourly (non-contract/non-benefit eligible) education support professionals shall submit all time worked using Skyward True Time.  If circumstances prevent use of Skyward True Time. and if approved by the Director of Payroll, a paper timesheet may be submitted.
    7. Any overtime work or call-back time shall be granted only upon the approval of the appropriate education support professionals director or supervisor.
    8. A duty-free lunch period shall be provided for all education support professionals scheduled to work more than five (5) hours per day.  An employee shall not be compensated for his/her lunch period and may not be accumulated for use at a later date.
      1. Education support professionals may leave their assigned work site for their lunch period provided they receive prior approval from their immediate supervisor.
      2. Schedules to provide adequate coverage to meet specific program and site needs shall be designed and implemented at each site by the immediate supervisor or staff.
      3. Employees shall not be required to work longer than five (5) hours without rest and food.  At least 30 minutes must be provided for meals.
      4. Lunch periods may range from thirty (30) minutes to one (1) hour depending on the number of hours in the employee's work day.
    9. Education support professionals shall be provided with a ten (10) minute duty-free break period for each four (4) hour period worked.
      1. Employees' minimum ten (10) minute rest periods are counted as time at work.
      2. Employees' ten (10) minute rest periods may not be accumulated for use at a later date.
    10. Employees who are required to work on the six (6) holidays listed below shall receive pay at the rate of time and one-half, and compensatory time will not be allowed.
      1. Independence Day (July 4)
      2. Pioneer Day (July 24)
      3. Thanksgiving Day
      4. Christmas Day
      5. New Year's Day
      6. Easter
    11. Traditional, comprehensive high school custodians who work full-time, 40 hours a week, 242- or 245-day contracts who are required to work on the following holidays or observed holidays listed below shall receive pay at the rate of time and one-half, and compensatory time will not be allowed.
      1. Martin Luther King Day / Human Rights Day
      2. Washington and Lincoln Day
      3. Spring Break
      4. Memorial Day
      5. Juneteenth (as observed Utah)
      6. Independence Day (July 4)
      7. Pioneer Day (July 24)
      8. Labor Day
      9. Fall Break
      10. Winter Break
    12. Flexible work hours may be established for education support professionals if flexible work hours do not impede a department's ability to provide necessary services or they adversely affect department morale.  Requests for flexible work hours will be submitted to the department supervisor who will submit the request to the appropriate Administrator for Cabinet approval.  Requests for flexible work hours must be applied for and approved at the Cabinet level annually.
    13. Education support professionals may not perform work for or receive compensation from another employer during contract time with Jordan School District.
    14. The following disciplinary action shall be taken against employees who do not follow the above procedures:
      1. The immediate supervisor will confer with the employee.
      2. Reprimand shall be entered on the employee's personnel file.
      3. A five (5) day suspension without pay may be imposed in the next pay period.
      4. A second disregard of policy and/or procedure may result in immediate termination.

Published on
  • Effective: 7/11/1974
  • Revision: 8/2/2011
  • Reviewed: 12/10/2013
  1. Board Directive
    The Board recognizes the need for periodic evaluation of all District personnel.  This evaluation shall be conducted by each employee's immediate supervisor.  The primary purpose of the evaluation shall be to assist each employee to improve his/her performance in his/her individual assignment.  The Board delegates the responsibility for the evaluations of education support professionals to the Administration.
  2. Administrative Policy
    The following provisions shall be used for administering the evaluation policy:

    1. The purposes of the evaluation are:
      1. to assess and improve the personal and professional growth of each employee and thus insure a higher quality of service, and
      2. to provide a basis for necessary administrative decisions.
    2. The Jordan Education Support Professionals Evaluation System (JESPES) is the District’s tool for conducting evaluations of contract education support professionals.
    3. Evaluation is an ongoing process.  Suggestions and constructive criticism should take place whenever the need arises.  Written evaluation forms shall be completed for all first year provisional education support professionals prior to the end of each six-month period of the first year.  Beyond the first year of employment, contract education support professionals shall be evaluated annually, or more often if deemed necessary by the principal or administrator.
    4. An essential part of the evaluation is a conference between the contract education support professional and his/her immediate supervisor.  The purpose of the conference is to review areas of commendation or areas of concern and suggest goals for improvement.  Following the conference, the contract education support professional shall sign the evaluation form indicating that a conference had been held and the evaluation form had been reviewed with him/her.  Signing the form does not necessarily indicate agreement.
    5. This evaluation shall be completed and one (1) copy shall be sent to the Human Resources Specialist, one (1) copy retained by the immediate supervisor, and one (1) copy given to the contract education support professional.  No changes in this evaluation will be made after the conference unless mutually agreed upon by the supervisor and employee.
    6. If the District intends to terminate a contract during its term or discontinue a contract education support professional’s contract beyond the current school year for reasons of unsatisfactory performance, the unsatisfactory performance must be documented in at least two (2) evaluations conducted at any time within the preceding three (3) years.
    7. Expunging items from records of education support professionals
      1. Employees may request to have a memorandum expunged from their individual employee files under the following conditions:
        1. Five (5) or more years have elapsed since the memorandum was placed in the file.
        2. The employee's work performance has been satisfactory from the time the memorandum was placed in the file.
        3. The employee's immediate supervisor and Human Resources Department administrator agree to the expungement.
      2. Evaluation reports and other items which are part of the permanent employee record shall not be expunged.
      3. Probation reports and negative evaluations older than five (5) years with no repeat violation as defined by DP 316B—Orderly Termination Procedures - Educational Support Professionals, shall not be considered in employee eligibility for promotion or transfer.