LEGISLATIVE GENERAL COUNSEL H.B. 195
6 Approved for Filing: M. Curtis 6 2nd Sub. (Gray)
6 02-21-23 8:33 AM 6
Representative Kera Birkeland proposes the following substitute bill:
1 CRIMINAL INVESTIGATIONS OF SCHOOL EMPLOYEES
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kera Birkeland
5 Senate Sponsor: Daniel McCay
6
7 LONG TITLE
8 General Description:
9 This bill requires certain administrative leave for school employees who are the subject
10 of a criminal investigation.
11 Highlighted Provisions:
12 This bill:
13 < requires paid administrative leave for a school employee who is the subject of a
14 criminal investigation;
15 < if the criminal investigation substantiates wrongdoing, requires:
16 C the local school board to take further employment action; and
17 C the employee to pay back all salary compensation that the employee received
18 during the leave period; and
19 C makes technical and conforming changes.
20 Money Appropriated in this Bill: 2nd Sub. H.B. 195
21 None
22 Other Special Clauses:
23 This bill provides a special effective date.
24 Utah Code Sections Affected:
25 AMENDS:
*HB0195S02*
 2nd Sub. (Gray) H.B. 195 02-21-23 8:33 AM
26 53G-11-202, as renumbered and amended by Laws of Utah 2018, Chapter 3
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 53G-11-202 is amended to read:
30 53G-11-202. Employment of school personnel -- Length of contract --
31 Termination for cause -- Individual contract of employment -- Employee
32 acknowledgment of liability protection -- Leave pending criminal investigation.
33 (1) A local school board may enter into a written employment contract for a term not to
34 exceed five years.
35 (2) Nothing in the terms of the contract shall restrict the power of a local school board
36 to terminate the contract for cause at any time.
37 (3) (a) A local school board may not enter into a collective bargaining agreement that
38 prohibits or limits individual contracts of employment.
39 (b) Subsection (3)(a) does not apply to an agreement that was entered into before May
40 5, 2003.
41 (4) Each local school board shall:
42 (a) ensure that each employment contract complies with the requirements of Section
43 34-32-1.1;
44 (b) comply with the requirements of Section 34-32-1.1 in employing any personnel,
45 whether by employment contract or otherwise; and
46 (c) ensure that at the time an employee enters into an employment contract, the
47 employee shall sign a separate document acknowledging that the employee:
48 (i) has received:
49 (A) the disclosure required under Subsection 63A-4-204(4)(d) if the school district
50 participates in the Risk Management Fund; or
51 (B) written disclosure similar to the disclosure required under Section 63A-4-204 if the
52 school district does not participate in the Risk Management Fund; and
53 (ii) understands the legal liability protection provided to the employee and what is not
54 covered, as explained in the disclosure.
55 (5) If a local school board has actual or constructive knowledge that an employee is the
56 subject of an ongoing criminal investigation of crime related to an offense against a minor
-2-
 02-21-23 8:33 AM 2nd Sub. (Gray) H.B. 195
57 described in Subsection 30-5a-103(10):
58 (a) the local school board shall place the employee on Öº [paid] »Ö administrative leave,
58a Öº in accordance with Subsection (5)(d) and »Ö while
59 maintaining the confidentiality of the reason for the leave, until the local school board alters the
60 employment circumstances as described in Subsection (5)(b) or (c);
61 (b) the local school board shall provide the employee the opportunity to return to
62 regular work if the investigation:
63 (i) concludes without leading to criminal charges; or
64 (ii) does not result in the conviction of the employee; and
65 (c) if the investigation results in the conviction of the employee:
66 (i) the local school board shall take further employment action in response to the
67 conviction, including leave without pay or termination; and
68 (ii) the employee shall pay back all salary compensation that the employee received
69 during the paid administrative leave period described in Subsection (5)(a) Öº [.] ; and
69a (d) there is a rebuttable presumption that the administrative leavedescribed in Subsection
69b (5)(a) is paid leave, unless the local school board has established criteria regarding the
69c circumstances under which the administrative leave may be unpaid leave. »Ö
70 Öº [(d) (i)] (6) »Ö Nothing in this section restricts the power of a local school board to take
71 employment action against the employee beyond the action described in this Subsection (5)
72 while the employee is under criminal investigation, regardless of whether the employment
73 action is related to the basis for the criminal investigation, including termination for cause
74 based on:
75 (A) a violation of work policies;
76 (B) a violation of local school board policies, state board rule, or law;
77 (C) a violation of standards of ethical, moral, or professional conduct; or
78 (D) insubordination.
79 (ii) If the local school board determines that the actions of the employee justify
80 termination for cause, the local school board may terminate the employee and cease paid leave
81 upon the termination.
82 Section 2. Effective date.
83 If approved by two-thirds of all the members elected to each house, this bill takes effect
84 upon approval by the governor, or the day following the constitutional time limit of Utah
85 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
86 the date of veto override.
-3- Senate 3rd Reading Amendments 3-3-2023 lp/mc


Statutes affected:
Introduced: 53G-11-202
Amended: 53G-11-202
H.B. 195 1st Substitute (Not Adopted) Text: 53G-11-202