Second Substitute H.B. 188

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Feb 25, 2005 at 5:15 PM by rday. -->

Senator Howard A. Stephenson proposes the following substitute bill:

1 PUBLIC EDUCATION JOB ENHANCEMENT PROGRAM
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bradley T. Johnson
5 Ronda Rudd Menlove 6
7 LONG TITLE
8 General Description:
9 This bill modifies and appropriates money for the Public Education Job Enhancement
10 Program.
11 Highlighted Provisions:
12 This bill:
13 . modifies applicant eligibility requirements and committee membership for the
14 Public Education Job Enhancement Program;
15 . appropriates money for the Public Education Job Enhancement Program; and
16 . provides that the money shall be used for:
17 . signing bonuses to attract new teachers with certain expertise; or
18 . scholarships for teachers to cover tuition costs for a master's degree,
19 endorsement, or graduate education in certain areas.
20 Monies Appropriated in this Bill:
21 This bill appropriates from the Uniform School Program to the State Board of
22 Education for the Public Education Job Enhancement Program:
23 . $2,500,000 for fiscal year 2005-06 only; and
24 . as an ongoing appropriation subject to future budget constraints, $2,500,000 for
25 fiscal year 2005-06.

26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 53A-1a-601, as last amended by Chapter 131, Laws of Utah 2003
31 53A-1a-602, as last amended by Chapter 210, Laws of Utah 2002
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 53A-1a-601 is amended to read:
35 53A-1a-601. Job enhancements for mathematics, science, technology, and special
36 education training.
37 (1) [In conjunction with the Engineering and Computer Science Initiative provided for
38 in Section 53B-6-105 , there is established a] The Public Education Job Enhancement Program
39 is established to attract, train, and retain highly qualified:
40 (a) secondary teachers with expertise in mathematics, physics, chemistry, physical
41 science, learning technology, [and] or information technology[.]; and
42 (b) special education teachers.
43 (2) The program shall provide for the following:
44 (a) application by a school district superintendent or the principal of a [secondary]
45 school on behalf of a qualified teacher;
46 (b) an award of up to $20,000 or a scholarship to cover the tuition costs for a master's
47 degree, an endorsement, or graduate education in the areas identified in Subsection (1) to be
48 given to selected public school teachers on a competitive basis:
49 (i) whose applications are approved under Subsection 53A-1a-602 (4); and
50 (ii) who teach [at the secondary level] in the state's public education system for four
51 years in the areas identified in Subsection (1);
52 (c) (i) as to the cash awards under Subsection (2)(b), payment of the award in two
53 installments, with an initial payment of up to $10,000 at the beginning of the term and up to
54 $10,000 at the conclusion of the term;
55 (ii) repayment of a portion of the initial payment by the teacher if the teacher fails to
56 complete two years of the four-year teaching term in the areas identified in Subsection (1) as

57 provided by rule of the State Board of Education in accordance with Title 63, Chapter 46a,
58 Utah Administrative Rulemaking Act, unless waived for good cause by the Job Enhancement
59 Committee created in Section 53A-1a-602 ; and
60 (iii) nonpayment of the second installment if the teacher fails to complete the four-year
61 teaching term; and
62 (d) (i) as to the scholarships awarded under Subsection (2)(b), provision for the
63 providing institution to certify adequate performance in obtaining the master's degree,
64 endorsement, or graduate education in order for the teacher to maintain the scholarship; and
65 (ii) repayment by the teacher of a prorated portion of the scholarship, if the teacher fails
65a S. to complete the authorized classes or program or .S
66 to teach in the state system of public education in the areas identified in Subsection (1) for four
67 years after obtaining the master's degree, the endorsement, or graduate education.
68 (3) An individual teaching in the public schools under a letter of authorization may
69 participate in the cash award program if:
70 (a) the individual has taught under the letter of authorization for at least one year in the
71 areas referred to in Subsection (1); and
72 (b) the application made under Subsection (2)(a) is based in large part upon the
73 individual receiving a superior evaluation as a classroom teacher.
74 (4) (a) The program may provide for the expenditure of up to $1,000,000 of available
75 monies, if at least an equal amount of matching monies become available, to provide
76 professional development training to superintendents, administrators, and principals in the
77 effective use of technology in public schools.
78 (b) An award granted under this Subsection (4) shall be made in accordance with
79 criteria developed and adopted by the Job Enhancement Committee created in Section
80 53A-1a-602 .
81 (c) An amount up to $120,000 of the $1,000,000 authorized in Subsection (4)(a) may
82 be expended, regardless of the matching monies being available.
83 Section 2. Section 53A-1a-602 is amended to read:
84 53A-1a-602. Job Enhancement Committee -- Composition -- Duties --
85 Appropriation.
86 (1) There is created a Job Enhancement Committee to implement and administer the
87 Public Education Job Enhancement Program established in Section 53A-1a-601 .

88 (2) (a) The committee shall consist of:
89 (i) two members of the State Board of Education selected by the board;
90 (ii) two members of the State Board of Regents selected by the board;
91 (iii) six members of the general public who have business experience in mathematics,
92 physics, chemistry, physical science, learning technology, or information technology selected
93 by the governor; [and]
94 (iv) a master high school teacher, who has teaching experience in mathematics,
95 physics, chemistry, physical science, learning technology, or information technology, selected
96 by the superintendent of public instruction[.]; and
97 (v) a master special education teacher, selected by the superintendent of public
98 instruction.
99 (b) Committee members shall receive no compensation or benefits for their service on
100 the committee, but may receive per diem and expenses incurred in the performance of their
101 duties at rates established by the Division of Finance under Sections 63A-3-106 and
102 63A-3-107 .
103 (3) (a) The committee shall receive and review applications submitted for participation
104 in the Public Education Job Enhancement Program established under Section 53A-1a-601 .
105 (b) In reviewing applications, the committee shall focus on:
106 (i) the prioritized critical areas of need identified under Subsection (5)(a); and
107 (ii) the awards being made on a competitive basis.
108 (c) If the committee approves an application received under Subsection (3)(a), it shall
109 contract directly with the teacher applicant to receive the award or the scholarship for a
110 master's degree, an endorsement, or graduate education, subject to Section 53A-1a-601 .
111 (d) The State Board of Education, through the superintendent of public instruction,
112 shall provide staff support for the committee and adequate and reliable data on the state's
113 supply of and demand for qualified:
114 (i) secondary teachers with expertise in mathematics, physics, chemistry, physical
115 science, learning technologies, [and] or information technology[.]; and
116 (ii) special education teachers.
117 (4) The committee may apply for grants and matching monies to enhance funding
118 available for the program established in Section 53A-1a-601 .

119 (5) The committee shall make a rule in accordance with Title 63, Chapter 46a, Utah
120 Administrative Rulemaking Act, establishing policies and procedures for:
121 (a) making the awards and offering the scholarships in accordance with prioritized
122 critical areas of need as determined by the committee;
123 (b) timelines for the submission and approval of applications under Subsection (3); and
124 (c) the distribution of the awards and scholarships to successful applicants based on
125 available monies provided by legislative appropriation.
126 (6) [The] Subject to future budget constraints, the Legislature shall make an annual
127 appropriation to the State Board of Education to fund the Public Education Job Enhancement
128 Program established under Section 53A-1a-601 .
129 [(7) Before October 1, 2004, the committee shall make a report to the Legislature
130 through the Education Interim Committee, the governor, the State Board of Education, and the
131 State Board of Regents on the status of the program, together with any recommendations for
132 modification, expansion, or termination of the program.]
133 Section 3. Appropriation.
134 (1) There is appropriated from the Uniform School Fund for fiscal year 2005-06 only,
135 $2,500,000 to the State Board of Education for the Public Education Job Enhancement
136 Program created in Section 53A-1a-601 .
137 (2) Up to 20% of the monies appropriated in Subsection (1) shall be used to provide:
138 (a) signing bonuses to attract new teachers who have at least a baccalaureate degree in
139 special education: or
140 (b) scholarships for teachers to cover tuition costs for a master's degree, an
141 endorsement, or graduate education in special education.
142 (3) The remaining monies shall be used to provide:
143 (a) signing bonuses to attract new teachers who have a least a baccalaureate degree in
144 mathematics, physics, chemistry, physical science, learning technology, or information
145 technology; or
146 (b) scholarships for teachers to cover tuition costs for a master's degree, an
147 endorsement, or graduate education in mathematics, physics, chemistry, physical science,
148 learning technology, or information technology.
149 (4) The money provided in Subsection (1) is nonlapsing.

150 (5) As an ongoing appropriation subject to future budget constraints, there is
151 appropriated from the Uniform School Fund for fiscal year 2005-06, $2,500,000 to the State
152 Board of Education for the Public Education Job Enhancement Program created in Section
153 53A-1a-601 .
154 (6) The monies appropriated in Subsection (5):
155 (a) shall be used in the same manner as the monies appropriated in Subsection (1); and
156 (b) are nonlapsing.