(1) Upon the day a new school district commences educational services: (a) an employee of a divided school district who is employed at a school that is transferred to a new school district shall become an employee of the district in which the school is located; and (b) the local school board of a new school district shall: (i) have discretion in the hiring of all other staff; (ii) adopt the personnel policies and practices of the divided school district, including salary schedules and benefits; and (iii) enter into agreements with employees of the new school district, or the new school district employees' representatives, that have the same terms as those in the negotiated agreements between the divided school district and the divided school district's employees that existed on or before the creation date. (2) (a) Subject to Subsection (2)(b), an employee of a school district from which a new district is created who becomes an employee of a new school district shall retain the same status as a career or provisional employee with accrued seniority and accrued benefits. (b) Subsection (2)(a) applies to: (i) employees of a divided school district who are transferred to a new school district as described in Subsection (1)(a); and (ii) employees of a school district from which a new school district is created who are hired by the new school district within one year of the date of the creation of the new school district. (3) An employee who is transferred to a new school district in accordance with Subsection (1)(a) and is hired by the reorganized new school district within one year of the date of the creation of the new school district shall, when hired by the reorganized new school district, retain the same status as a career or provisional employee with accrued seniority and accrued benefits. (4) Before the new school district commences educational services, the reorganized new school district's local school board may not dismiss an employee of the reorganized new school district who is transferred to the new school district for the sole reason that the employee becomes an employee of the new school district.
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