(1) A local school board shall, by contract with its employees or their associations, or by resolution of the local school board, establish procedures for dismissal of employees in an orderly manner without discrimination. (2) The local school board shall ensure that the procedures described in Subsection (1) include: (a) standards of due process; (b) causes for dismissal; and (c) procedures and standards related to developing and implementing a plan of assistance for a career employee whose performance is unsatisfactory. (3) The local school board shall ensure that the procedures and standards for a plan of assistance adopted under Subsection (2)(c) require a plan of assistance to identify: (a) specific, measurable, and actionable deficiencies; (b) the available resources provided for improvement; and (c) a course of action to improve employee performance. (4) If a career employee exhibits both unsatisfactory performance as described in Subsection 53G-11-501(17)(a) and conduct described in Subsection 53G-11-501(17)(b), an employer: (a) may: (i) attempt to remediate the conduct of the career employee; or (ii) terminate the career employee for cause if the conduct merits dismissal consistent with procedures established by the local school board; and (b) is not required to develop and implement a plan of assistance for the career employee, as provided in Section 53G-11-514. (5) If the conduct of a career employee described in Subsection (4) is satisfactorily remediated, and unsatisfactory performance issues remain, an employer shall develop and implement a plan of assistance for the career employee, as provided in Section 53G-11-514. (6) If the conduct of a career employee described in Subsection (4) is not satisfactorily remediated, an employer: (a) may dismiss the career employee for cause in accordance with procedures established by the local school board that include standards of due process and causes for dismissal; and (b) is not required to develop and implement a plan of assistance for the career employee, as provided in Section 53G-11-514.
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