UTAH EDUCATORS' RIGHTS PAMPHLET
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This pamphlet was prepared at the request of the Utah Education Association's Professional Rights and Respon-sibilities Committee to inform you about your basic rights and obligations as a Utah educator as well as the job protection you have as an educator and a member of the UEA. Because it is merely a summary, it does not provide details about each right and responsibility, nor does it cover every right or responsibility. The PR&R Committee has prepared a more detailed publication that has been provided to your UniServ director, your local president, and to your UniServ's representative on the UEA PR&R Committee. If you are interested in the longer version, call the Utah Education Association (266-4461x110).
Many years ago, public employees were deemed to have few or no employment rights. Employment was "at will" which meant, absent a contract, the employee was free to quit at any time and the employer was free to terminate the employee at any time. Reasons need not be given. While the legal equation appeared balanced, the reality was the employer had tremendous leverage over the employee. Over the years, the employees sought to equalize the bargaining power of employees through unions and legislation.
To provide stability in the workforce, boards of education required educators to sign one-year contracts requiring the educator to provide services for one full year. These contracts generally gave the district the right to terminate the employee with little or no notice. Educators had no right to expect continued employment beyond the school year unless the contract was for more than one year. Much has changed in the past 100 years, but the "employment at will" doctrine is still the beginning point of analyzing an educator's employment rights. If an educator has a grievance about his/her employment, the educator must show the district has violated a provision of the employment contract-either a collective bargaining agreement or board policy. If an educator intends to resist a disciplinary action (including termination) s/he has the burden to show s/he is protected by a law, contract, or district policy. This pamphlet describes those rights.
It should be noted superintendents' employment contracts are for periods of two years by law. Many superintendents' contracts contain a provision requiring several months' notice of intent not to renew the contract or the contract is deemed extended for a period of two years.