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S.B. 281
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill
on Tue, Mar 4, 2008 at 7:01 PM by rday. -->
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USE OF MINIMUM SCHOOL PROGRAM
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NONLAPSING BALANCES
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2008 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Howard A. Stephenson
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House Sponsor:
Bradley G. Last
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LONG TITLE
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General Description:
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This bill requires the State Board of Education to allocate certain Minimum School
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Program nonlapsing balances.
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Highlighted Provisions:
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This bill:
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. requires the State Board of Education to allocate Minimum School Program
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nonlapsing balances to provide:
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. one-time signing bonuses for new teachers;
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. one-time performance-based compensation; and
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. a grant program to minimize the expenses of teachers to obtain the American
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Board Distinguished Teacher certification and to provide additional
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compensation to teachers who obtain that certification; and
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. makes technical corrections.
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Monies Appropriated in this Bill:
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This bill appropriates:
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. $25,000,000 from Minimum School Program nonlapsing balances for fiscal year
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2008-09 only.
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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53A-17a-148, as last amended by Laws of Utah 2006, Chapter 354
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63-55b-153, as last amended by Laws of Utah 2007, Chapter 216
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ENACTS:
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53A-6-113, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-6-113
is enacted to read:
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53A-6-113. Grant program for distinguished teachers -- Additional compensation.
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(1) As used in this section:
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(a) "American Board" means the American Board for Certification of Teacher
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Excellence.
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(b) "Distinguished Teacher" means the advanced credential offered by the American
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Board.
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(c) "Licensed teacher" means a teacher who holds:
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(i) a level 1, level 2, or level 3 license; and
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(ii) the endorsements required by board rule for the teacher's assignments.
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(2) Subject to budget constraints, a grant program is created to:
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(a) minimize out-of-pocket expenses of licensed teachers to obtain the American Board
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Distinguished Teacher certification; and
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(b) provide additional compensation to licensed teachers who obtain the American
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Board Distinguished Teacher certification.
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(3) The board shall award grants to school districts and charter schools for the purposes
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stated in Subsection (2) from monies appropriated by the Legislature for those purposes.
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(4) (a) To receive grant monies to minimize out-of-pocket expenses of licensed
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teachers to obtain the American Board Distinguished Teacher certification, a school district or
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charter school shall provide matching funds equal to the amount of the grant.
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(b) A school district or charter school shall use grant monies received under Subsection
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(4)(a) to pay for costs of licensed teachers directly related to obtaining American Board
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Distinguished Teacher certification.
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(5) (a) A school district or charter school may apply for grant monies to provide
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additional compensation to licensed teachers who obtain the American Board Distinguished
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Teacher certification.
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(b) (i) A school district or charter school shall receive grant monies in the amount of
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$1,500 for each American Board Distinguished Teacher, except as provided in Subsection
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(5)(b)(ii).
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(ii) If the request for grant monies under this Subsection (5) exceed the monies
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appropriated for the grant program, the board shall prorate the amounts of the grants based
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upon the amount of grant monies available.
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(c) Using school district or charter school funds, a school district or charter school may
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match the grant monies to further increase compensation to teachers who obtain the American
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Board Distinguished Teacher certification.
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(6) School district or charter school participation in the program is voluntary and shall
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be determined by the local school board or charter school governing board.
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(7) (a) The board shall make rules in accordance with Title 63, Chapter 46a, Utah
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Administrative Rulemaking Act, to administer this section.
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(b) The rules shall include a formula, developed in consultation with school districts
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and charter schools, that allocates the funding in a fair and equitable manner to qualified grant
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applicants.
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Section 2.
Section
53A-17a-148
is amended to read:
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53A-17a-148. Use of nonlapsing balances.
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(1) (a) As used in this section, "new teacher" means a person who:
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(i) is a licensed classroom teacher;
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(ii) is hired by a school district or charter school to begin teaching during the 2008-09
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school year;
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(iii) did not work in this state as a classroom teacher at a school district or charter
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school during the 2007-08 school year; and
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(iv) has never received a signing bonus in this state.
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(b) A new teacher may include a person who is returning to teaching after one or more
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years of interrupted service.
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(2) The State Board of Education may use Minimum School Program nonlapsing
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balances to restore special education funding as follows:
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[(1)] (a) up to $902,538 is authorized in fiscal year 2005-06; and
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[(2)] (b) up to $902,538 is authorized in fiscal year 2006-07.
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(3) The State Board of Education shall use Minimum School Program nonlapsing
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balances as follows:
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(a) $5,000,000 shall be allocated to school districts and charter schools to provide
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one-time signing bonuses for new teachers as provided under Subsection (4);
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(b) $19,000,000 shall be allocated to school districts and charter schools to provide
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one-time performance-based compensation as provided under Subsection (5); and
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(c) $1,000,000 shall be used to establish a grant program to minimize the expenses of
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teachers to obtain the American Board Distinguished Teacher certification and to provide
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additional compensation to teachers who obtain that certification as provided in Section
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53A-6-113
.
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(4) (a) Subject to the availability of funding, school districts and charter schools shall
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provide a one-time signing bonus of $1,000 to a new teacher.
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(b) If the total bonuses under Subsection (4)(a) for all school districts and charter
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schools exceed $5,000,000, all bonuses shall be reduced pro rata so that the total bonuses do
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not exceed $5,000,000.
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(c) To qualify for a bonus, a new teacher shall:
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(i) be hired prior to October 1, 2008; and
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(ii) teach for at least 30 days in the school district or charter school.
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(5) (a) The $19,000,000 for performance-based compensation shall be allocated to
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qualifying school districts and charter schools on a per pupil basis.
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(b) (i) To receive an allocation under Subsection (5)(a), a school district or charter
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school shall submit, prior to July 1, 2008, a written performance-based compensation plan to
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the State Board of Education.
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(ii) The performance-based compensation plan shall provide specific information about
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how the school district or charter school intends to spend its allocation, including:
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(A) who is eligible for the performance-based compensation;
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(B) criteria for awarding performance-based compensation;
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(C) the instruments or assessments that may be used to measure or evaluate
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Senate 2nd Reading Amendments 3-4-2008 rd/dsl
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performance;
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(D) the amount of performance-based compensation that may be awarded; and
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(E) whether the performance-based compensation will be based on individual, team, or
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school-based performance, or a combination of those.
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(iii) The State Board of Education shall send the plans to the Executive Appropriations
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Committee and the Education Interim Committee on July 1, 2008 for review and comment.
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(c) (i) A school district or charter school shall award performance-based compensation
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from monies distributed under this section for employee performance during the 2008-09
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school year.
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(ii) Performance-based compensation monies may only be used in accordance with a
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school district or charter school's performance-based compensation plan.
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(iii) If a school district or charter school uses performance-based compensation monies
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for purposes other than those stated in this Subsection (5) and its performance-based
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compensation plan, the school district or charter school shall reimburse the monies that were
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improperly used.
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(d) A school district or charter school that awards performance-based compensation
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from monies distributed under this section shall report the following information to the
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Executive Appropriations Committee by June 30, S. [
2008
] 2009 .S :
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(i) the number of employees who received performance-based compensation;
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(ii) the total number of employees;
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(iii) the average performance-based compensation awarded to employees; and
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(iv) the maximum performance-based compensation awarded to an employee.
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Section 3.
Section
63-55b-153
is amended to read:
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63-55b-153. Repeal dates -- Titles 53, 53A, and 53B.
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(1) Section
53-3-210
is repealed February 1, 2007.
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(2) Section
53A-1-403.5
is repealed July 1, 2012.
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(3) Subsection
53A-1a-511
(7)(c) is repealed July 1, 2007.
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(4) Section
53A-3-702
is repealed July 1, 2008.
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(5) Section
53A-6-112
is repealed July 1, 2009.
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(6) Section
53A-6-113
is repealed July 1, 2012.
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[(6)] (7) Section
53A-17a-152
is repealed July 1, 2010.
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Legislative Review Note
as of 3-4-08 7:42 AM