§ 53G-3-205 — Rights of transferred employees -- Salary during first year -- Leave and tenure benefits -- Written offer of employment.

(1) If a school or school district employee described in Subsection (4)(a) is transferred from one district to another because of district consolidation, creation, or restructuring, the employee's salary may not be less, during the first year after the transfer, than the employee's salary would have been had the transfer not taken place.
(2) The district to which an employee is transferred under Subsection (1) shall credit the employee with all accumulated leave and tenure recognized by the district from which the employee was transferred.
(3) If the district to which an employee is transferred does not have a leave benefit which reasonably corresponds to one the employee seeks to transfer, that district shall compensate the employee for the benefit on the same basis as would have been done had the employee retired.
(4) (4)(a) On or before the day that is six months before the allocation date, each new school district and each reorganized new school district shall provide a written offer of employment to contracted employees of the divided district, in a number that is proportional to the student population distribution within each new and reorganized new school district, who are not:
(4)(a)(i) employed on an administrative salary schedule;
(4)(a)(ii) provisional; or
(4)(a)(iii) at-will.
(4)(b) For purposes of Subsection (1), the allocation date is the date of the transfer for an employee described in Subsection (4)(a).
(4)(c) The job responsibilities or titles of an employee described in Subsection (4)(a) are subject to change.

Legislative History

Amended by Chapter 33, 2025 General Session