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Policy DBA - Contracts: Certified Personnel

Policy DBA - Contracts: Certified Personnel (PDF)

Issue Date: February 17, 2021

Citations Updated: October 12, 2022

Certified Personnel 

The Board shall employ certified personnel by a written contract that sets forth the terms and conditions of employment. The length or term of the contract shall not exceed five years. All such contracts shall be in writing, and shall embody the terms and conditions of employment. Nothing in the terms of the contract shall restrict the power of the Board to terminate the contract for cause at any time. The Board may not enter into a collective bargaining agreement that prohibits or limits individual contracts of employment. Contracts for hiring or rehiring of personnel shall be valid only if entered into by the Board. 

Utah Code § 53G-11-202 (2018) 

Separate Salary Schedule for Medical Specialists 

The Board may adopt a separate salary schedule for medical specialists providing related services as defined by 34 CFR § 300.34. This separate salary schedule can take into consideration the market rate for related services provided outside of school-based setting. “Medical specialist” includes the following: 

1. An audiologist 

2. A speech-language pathologist 

3. A mental health practitioner 

4. A school nurse 

5. An occupational therapist; and 

6. A physical therapist 

Utah Code § 53G-7-219 (2020) 

Property Interest 

A certified employee’s contract of employment with the District creates a property interest in the position only for the period of time stated in the contract. Such a contract creates no property interest of any kind beyond the period of time stated in the contract. 

Perry v. Sindermann, 92 S. Ct. 2694 (1972) 

Board of Regents of State Colleges v. Roth, 92 S. Ct. 2701 (1972)