Third Substitute H.B. 382

Senator Dan R. Eastman proposes the following substitute bill:

1 AMENDMENTS TO EDUCATION FUNDING
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brad L. Dee
5 Senate Sponsor: Dan R. Eastman
6 Cosponsors:
7 D. Gregg BuxtonGage FroererKerry W. Gibson 8
9 LONG TITLE
10 General Description:
11 This bill provides salary increases and bonuses for educators and bonuses for classified
12 personnel employed by school districts, charter schools, and the Utah Schools for the
13 Deaf and the Blind.
14 Highlighted Provisions:
15 This bill:
16 . directs the Legislature, subject to future budget constraints, to appropriate money
17 for educator salary adjustments;
18 . defines "educator";
19 . provides that the salary adjustment shall be the same for each full-time-equivalent
20 educator position;
21 . provides that only educators who have had a satisfactory or better evaluation are
22 eligible for salary adjustments;
23 . authorizes the State Board of Education to make rules as necessary to administer the
24 salary adjustment;
25 . provides bonuses for educators and classified personnel employed by school

26 districts, charter schools, and the Utah Schools for the Deaf and the Blind; and
27 . modifies provisions relating to the adjustment of salaries for nonadministrative
28 licensed staff of the Utah Schools for the Deaf and the Blind.
29 Monies Appropriated in this Bill:
30 This bill appropriates:
31 . as an ongoing appropriation, $68,700,000 from the Uniform School Fund for fiscal
32 year 2007-08; and
33 . for fiscal year 2007-08 only, $40,000,000 from the Uniform School Fund.
34 Other Special Clauses:
35 This bill takes effect on July 1, 2007.
36 Utah Code Sections Affected:
37 AMENDS:
38 53A-25-111, as last amended by Chapter 308, Laws of Utah 2006
39 ENACTS:
40 53A-17a-153, Utah Code Annotated 1953
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 53A-17a-153 is enacted to read:
44 53A-17a-153. Educator salary adjustments.
45 (1) As used in this section, "educator" means a person employed by a school district,
46 charter school, or the Utah Schools for the Deaf and the Blind who holds:
47 (a) a license issued under Title 53A, Chapter 6, Educator Licensing and Professional
48 Practices Act; and
49 (b) a position as a:
50 (i) classroom teacher;
51 (ii) speech pathologist;
52 (iii) librarian or media specialist;
53 (iv) preschool teacher;
54 (v) school administrator;
55 (vi) mentor teacher;
56 (vii) teacher specialist or teacher leader;

57 (viii) guidance counselor;
58 (ix) audiologist;
59 (x) psychologist; or
60 (xi) social worker.
61 (2) In recognition of the need to attract and retain highly skilled and dedicated
62 educators, the Legislature shall annually appropriate money for educator salary adjustments,
63 subject to future budget constraints.
64 (3) Money appropriated to the State Board of Education for educator salary
65 adjustments shall be distributed to school districts, charter schools, and the Utah Schools for
66 the Deaf and the Blind in proportion to the number of full-time-equivalent educator positions
67 in a school district, a charter school, or the Utah Schools for the Deaf and the Blind as
68 compared to the total number of full-time-equivalent educator positions in school districts,
69 charter schools, and the Utah Schools for the Deaf and the Blind.
70 (4) School districts, charter schools, and the Utah Schools for the Deaf and the Blind
71 shall award bonuses to educators as follows:
72 (a) the amount of the salary adjustment shall be the same for each full-time-equivalent
73 educator position in the school district, charter school, or the Utah Schools for the Deaf and the
74 Blind;
75 (b) a person who is not a full-time educator shall receive a partial salary adjustment
76 based on the number of hours the person works as an educator; and
77 (c) salary adjustments may be awarded only to educators who have received a
78 satisfactory rating or above on their most recent evaluation.
79 (5) (a) Each school district and charter school and the Utah Schools for the Deaf and
80 the Blind shall submit a report to the State Board of Education on how the money for salary
81 adjustments was spent, including the amount of the salary adjustment and the number of full
82 and partial salary adjustments awarded.
83 (b) The State Board of Education shall compile the information reported under
84 Subsection (5) and submit it to the Public Education Appropriations Subcommittee by
85 November 30 each year.
86 (6) The State Board of Education may make rules as necessary to administer this
87 section, in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.

88 (7) Subject to future budget constraints, the Legislature shall appropriate sufficient
89 monies each year to:
90 (a) maintain educator salary adjustments provided in prior years; and
91 (b) provide educator salary adjustments to new employees.
92 Section 2. Section 53A-25-111 is amended to read:
93 53A-25-111. Annual salary adjustments for school employees -- Benefits.
94 (1) (a) The board shall adjust the salary schedule applicable to nonadministrative
95 licensed staff at the school each school year.
96 (b) (i) The board shall make the adjustment equal to a weighted average adjustment for
97 nonadministrative licensed staff adopted by the public school districts of the state as
98 determined by the State Office of Education. This average shall be weighted by the number of
99 teachers in each district.
100 (ii) Educator salary adjustments provided pursuant to Section 53A-17a-153 may not be
101 included in school district salaries for the purpose of calculating the weighted average
102 adjustment for nonadministrative licensed staff adopted by school districts.
103 (c) The board shall increase this weighted average by 10% in any year in which the
104 Utah Schools for the Deaf and the Blind teachers are not ranked in the top ten in 20 year
105 earnings when compared to the 40 school districts of the state.
106 (2) (a) The adjustment shall be computed using adjustments made by the school
107 districts by December 1 of each year.
108 (b) The board shall apply the adjustment to the salary schedule effective July 1 of the
109 following year.
110 (3) The board shall make salary adjustments for administrative and nonlicensed staff at
111 the school on the basis of adjustments approved for state government employees in similar
112 positions.
113 (4) Administrative, licensed, and nonlicensed staff at the school shall receive the same
114 benefits as those provided to state government employees.
115 (5) The State Board of Education shall include in its annual budget request for the Utah
116 Schools for the Deaf and the Blind an amount of money sufficient to implement the salary
117 adjustments required by Subsections (2) and (3), including money to fund step and lane
118 changes.

119 Section 3. Ongoing appropriation for educator salary adjustments.
120 As an ongoing appropriation subject to future budget constraints, there is appropriated
121 from the Uniform School Fund for fiscal year 2007-08, $68,700,000 to the State Board of
122 Education for educator salary adjustments as provided in Section 53A-17a-153 .
123 Section 4. One-time appropriation for educator bonuses.
124 (1) There is appropriated from the Uniform School Fund for fiscal year 2007-08 only,
125 $33,000,000 to the State Board of Education for educator bonuses.
126 (2) Money appropriated in Subsection (1) shall be distributed by the State Board of
127 Education and awarded to educators in the same manner as money appropriated for educator
128 salary adjustments pursuant to Section 53A-17a-153 .
129 (3) (a) Each school district and charter school and the Utah Schools for the Deaf and
130 the Blind shall submit a report to the State Board of Education on how the money for educator
131 bonuses was spent, including the amount of the bonus and the number of full and partial
132 bonuses awarded.
133 (b) The State Board of Education shall compile the information reported under
134 Subsection (3)(a) and submit it to the Public Education Appropriations Subcommittee by
135 November 30, 2007.
136 Section 5. One-time appropriation for bonuses for classified personnel.
137 (1) There is appropriated from the Uniform School Fund for fiscal year 2007-08 only,
138 $7,000,000 to the State Board of Education for bonuses for classified personnel employed by
139 school districts and charter schools.
140 (2) Money appropriated in Subsection (1) shall be distributed to school districts,
141 charter schools, and the Utah Schools for the Deaf and the Blind in proportion to the number of
142 full-time-equivalent classified positions in a school district, a charter school, or the Utah
143 Schools for the Deaf and Blind as compared to the total number of full-time-equivalent
144 classified positions in school districts, charter schools, and the Utah Schools for the Deaf and
145 the Blind.
146 (3) School districts, charter schools, and the Utah Schools for the Deaf and the Blind
147 shall award bonuses to classified personnel as follows:
148 (a) the amount of the bonus shall be the same for each full-time-equivalent classified
149 position in the school district, charter school, or the Utah Schools for the Deaf and the Blind;

150 (b) a person who is not a full-time classified employee shall receive a partial bonus
151 based on the number of hours the person works as a classified employee; and
152 (c) bonuses may be awarded only to classified employees who have received a
153 satisfactory rating or above on their most recent evaluation.
154 (4) (a) Each school district and charter school and the Utah Schools for the Deaf and
155 the Blind shall submit a report to the State Board of Education on how the money for bonuses
156 for classified personnel was spent, including the amount of the bonus and the number of full
157 and partial bonuses awarded.
158 (b) The State Board of Education shall compile the information reported under
159 Subsection (4)(a) and submit it to the Public Education Appropriations Subcommittee by
160 November 30, 2007.
161 Section 6. Effective date.
162 This bill takes effect on July 1, 2007.