House approves stricter rules for paid education-association leave after audit-driven debate

The Utah House on March 5 approved the second substitute to Senate Bill 132, a bill that requires any school board that chooses to subsidize education-association leave to adopt a written policy governing that leave and to account for supervision and costs.

Sponsor Representative Allen told the House the change is a response to a legislative audit and "it will require supervision" and an accounting so districts can document the "direct benefit to education." He said the policy could allow districts to seek reimbursement if leave is used for activities that do not directly benefit education.

Opponents and some floor questioners cautioned the measure may signal distrust of local boards. Representative Barris warned the bill risks ‘‘increas[ing] the standard’’ for employees and said the body should not raise the standard of culpability for routine conduct. Representative Mascara asked whether the statute would bar paid-association leave from being used to discuss bills or policy; Allen said that would be a local-board determination if contact "meets that standard in the constitution of direct benefit to education." Representative Parker argued the bill treats local school boards and teachers as untrustworthy and urged caution.

A series of floor amendments focused on the standard for a violation. Representative Buffmeier proposed inserting the word "intentional" to protect employees who make inadvertent errors; Representative Curtis offered a substitute to require "willful" violations. Curtis argued that when disciplinary action and possible termination are at stake, a culpability standard is appropriate. Representative Barris opposed raising the culpability standard, citing accountability concerns. The House divided on parts of the amendment package before returning to the bill.

The House recorded the final vote on the second substitute to Senate Bill 132 as 40 yes and 31 no, and the bill "passes this body" to be transmitted as required.

The bill requires school boards that opt into subsidizing association leave to: adopt a policy describing supervision and documentation; ensure district employees do not engage in political activity during paid association leave; provide for disciplinary remedies including termination in case of violations; and consider reimbursement where leave confers no direct educational benefit. Several members declared potential conflicts of interest before the final vote.

The House action returns the bill for the next steps required in the legislative process.