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S.B. 281 Enrolled
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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:
John Dougall
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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 educators; and
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. one-time performance-based compensation; 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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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-17a-148
is amended to read:
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53A-17a-148. Use of nonlapsing balances.
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(1) As used in this section:
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(a) "Education entity" means a school district, charter school, or the Utah Schools for
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the Deaf and the Blind.
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(b) (i) "New educator" means a person who:
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(A) is an educator as defined in Section
53A-17a-153
;
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(B) is hired by an education entity to begin teaching during the 2008-09 school year;
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(C) did not work in this state as an educator for an education entity during the 2007-08
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school year; and
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(D) has never received a signing bonus in this state.
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(ii) A new educator may include a person who is returning to education after one or
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more 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 in fiscal year 2008-09 as follows:
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(a) $5,000,000 shall be allocated to education entities to provide one-time signing
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bonuses for new educators as provided under Subsection (4), including money for the following
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employer-paid benefits:
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(i) retirement;
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(ii) workers' compensation;
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(iii) Social Security; and
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(iv) Medicare; and
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(b) $20,000,000 shall be allocated to education entities to provide one-time
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performance-based compensation as provided under Subsection (5).
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(4) (a) Subject to the availability of funding, education entities shall provide a one-time
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signing bonus of $1,000 to a new educator.
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(b) If the total cost of bonuses and employer-paid benefits under Subsection (4)(a) for
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all education entities exceeds $5,000,000, all bonuses shall be reduced pro rata so that the total
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cost does not exceed $5,000,000.
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(c) To qualify for a bonus, a new educator shall:
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(i) be hired prior to October 1, 2008; and
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(ii) work for at least 90 days for the education entity.
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(5) (a) The $20,000,000 for performance-based compensation shall be allocated to
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qualifying education entities on a per pupil basis.
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(b) (i) To receive an allocation under Subsection (5)(a), an education entity shall:
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(A) submit, prior to July 1, 2008, a written performance-based compensation plan to
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the State Board of Education that conforms to guidelines established by the State Board of
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Education in rule; and
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(B) receive approval of the plan by 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 education entity 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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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 approved plans to the Executive
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Appropriations Committee and the Education Interim Committee by August 1, 2008 for review
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and comment.
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(c) (i) An education entity shall award performance-based compensation from monies
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distributed under this section for employee performance during the 2008-09 school year.
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(ii) Performance-based compensation monies may only be used in accordance with an
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education entity's performance-based compensation plan.
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(iii) If an education entity uses performance-based compensation monies for purposes
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other than those stated in this Subsection (5) and its performance-based compensation plan, the
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education entity shall reimburse the monies that were improperly used.
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(d) An education entity that awards performance-based compensation from monies
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distributed under this section shall report the following information to the Executive
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Appropriations Committee by June 30, 2009:
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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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(6) The State Board of Education may make rules as necessary to administer this
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section, in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
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