Perry v. Sinderman, 92 S. Ct. 2694 (1972) Board of Regents of State Colleges v. Roth, 92 S. Ct. 2701 (1972)
3.0310.03 TEACHERS
Issue Date: 9/12/96 Updated; 11/14/19
Each teacher hereafter employed by the District shall be employed under and shall receive a contract that is either a “provisional educator contract,” “probationary contract” or a “career educator continuing contract.” All such contracts shall be in writing, and shall embody the terms and conditions of employment. Utah Code Ann. § 53G-11-102
3.0310.04 PROVISIONAL EMPLOYEES Issue date: 4/25/96 Updated: 4/13/23
Professional personnel employed by the District for less than three (3) consecutive successful years in the Duchesne County School District are provisional employees without expectation of continued employment beyond the end of the current contract term. A provisional employee is not employed for a succeeding contract term unless otherwise notified in writing by the Board or its authorized agent. A provisional employee must work for the Duchesne County School District on at least a half-time basis for three consecutive years to obtain career status. An employee who obtains career status has an expectation of continuing employment. The Duchesne County School District may extend the provisional status of an employee for up to two consecutive years by giving notice of such an extension of provisional status at least 30 prior to the end of the current contract term. Utah Code Ann. § 53G-11-503(1)(2018) If an employee accepts a position that substantially differs from a position in which the employee achieved career status, the employee shall be a provisional employee for one year after change of positions. Utah Code Ann. § 53G-11-503(2) Not having an expectation of continued employment in a subsequent contract term, a provisional employee does not have a right to a hearing before the Board to complain of the failure of the Board to offer a subsequent contract. The Superintendent of schools and the Board of Education each have the discretion to extend the provisional status of any employee for up to two (2) years, making in the whole, five years of provisional status.
3.0310.05 CONTINUING PROVISIONAL CONTRACT Issue Date: 9/12/96 Updated: 11/14/19
Any teacher employed by the District who is performing in the third year, or where permitted, a fourth or fifth consecutive year of service with the District under provisional contract, and who is elected to employment by the Board for the succeeding year, shall be notified in writing of the election to offer career educator continuing contract status, and such teacher shall within thirty
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