Representative Steve Eliason proposes the following substitute bill:


1     
EDUCATION PROVISIONS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Howard A. Stephenson

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions related to school expenditure reporting and funding for
10     educators.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires the State Board of Education to make recommendations on reporting
14     certain school expenditures;
15          ▸     enacts language related to reimbursement for a teacher who receives a certificate;
16          ▸     amends the Teacher Salary Supplement Program to include certain certificate
17     teachers; and
18          ▸     makes technical and conforming corrections.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          53A-17a-156, as last amended by Laws of Utah 2015, Chapter 122

26     ENACTS:
27          53A-1-414, Utah Code Annotated 1953
28          53A-6-114, Utah Code Annotated 1953
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 53A-1-414 is enacted to read:
32          53A-1-414. School expenditures -- Report.
33          (1) As used in this section:
34          (a) "Board" means the State Board of Education.
35          (b) "Local education agency" or "LEA" means:
36          (i) a school district; or
37          (ii) a charter school.
38          (c) "Teacher" means an individual employed by an LEA who:
39          (i) is licensed under Title 53A, Chapter 6, Educator Licensing and Professional
40     Practices Act; and
41          (ii) has an assignment to teach in a classroom.
42          (2) (a) On or before October 31, 2017, the board or the board's designee shall make
43     recommendations to the Education Interim Committee regarding the feasibility of reporting
44     certain school level expenditures on the board's website.
45          (b) The school level expenditures to be reported on the board's website may include the
46     following information:
47          (i) total teacher salary expenditures;
48          (ii) capital expenditures;
49          (iii) overhead and other expenditures not reported under Subsection (2)(b)(i) or (ii);
50          (iv) the average per pupil funding; and
51          (v) the percent of teacher turnover from the prior school year.
52          (3) An LEA shall provide the information described in Subsection (2)(b) as requested
53     by the board or the board's designee.
54          Section 2. Section 53A-6-114 is enacted to read:
55          53A-6-114. National Board certification reimbursement.
56          (1) As used in this section:

57          (a) "Eligible educator" means an educator who:
58          (i) holds a current National Board certification; and
59          (ii) is employed as an educator by an LEA.
60          (b) "Local education agency" or "LEA" means:
61          (i) a school district;
62          (ii) a charter school; or
63          (iii) the Utah Schools for the Deaf and the Blind.
64          (2) (a) Subject to legislative appropriations and Subsection (2)(b), the board shall
65     reimburse an eligible educator for the cost to attain or renew a National Board certification.
66          (b) The board may only issue a reimbursement under Subsection (2)(a) for a
67     certification attained or renewed after July 1, 2016.
68          (3) The board shall reimburse an eligible educator under this section on a first come,
69     first served basis.
70          (4) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
71     Administrative Rulemaking Act, specifying procedures and timelines for reimbursing costs
72     under Subsection (2).
73          Section 3. Section 53A-17a-156 is amended to read:
74          53A-17a-156. Teacher Salary Supplement Program -- Appeal process.
75          (1) As used in this section:
76          (a) "Board" means the State Board of Education.
77          (b) "Certificate teacher" means a teacher who holds a National Board certification.
78          [(b)] (c) "Eligible teacher" means a teacher who:
79          (i) has an assignment to teach:
80          (A) a secondary school level mathematics course;
81          (B) integrated science in grade seven or eight;
82          (C) chemistry;
83          (D) physics; or
84          (E) computer science;
85          (ii) holds the appropriate endorsement for the assigned course;
86          (iii) has qualifying educational background; and
87          (iv) (A) is a new employee; or

88          (B) received a satisfactory rating or above on the teacher's most recent evaluation.
89          (d) "National Board certification" means the same as that term is defined in Section
90     53A-6-103.
91          [(c)] (e) "Qualifying educational background" means:
92          (i) for a teacher who is assigned a secondary school level mathematics course:
93          (A) a bachelor's degree major, master's degree, or doctoral degree in mathematics; or
94          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
95     requirements that are substantially equivalent to the course requirements for a bachelor's degree
96     major, master's degree, or doctoral degree in mathematics;
97          (ii) for a teacher who is assigned a grade seven or eight integrated science course,
98     chemistry course, or physics course, a bachelor's degree major, master's degree, or doctoral
99     degree in:
100          (A) integrated science;
101          (B) chemistry;
102          (C) physics;
103          (D) physical science;
104          (E) general science; or
105          (F) a bachelor's degree major, master's degree, or doctoral degree that has course
106     requirements that are substantially equivalent to the course requirements of those required for a
107     degree listed in Subsections (1)[(c)](e)(ii)(A) through (E);
108          (iii) for a teacher who is assigned a computer science course, a bachelor's degree major,
109     master's degree, or doctoral degree in:
110          (A) computer science;
111          (B) computer information technology; or
112          (C) a bachelor's degree major, master's degree, or doctoral degree that has course
113     requirements that are substantially equivalent to the course requirements of those required for a
114     degree listed in Subsections (1)[(c)](e)(iii)(A) and (B).
115          (f) "Title I school" means a school that receives funds under the Elementary and
116     Secondary Education Act of 1965, Title I, 20 U.S.C. Sec. 6301 et seq.
117          (g) "Title I school certificate teacher" means a certificate teacher who is assigned to
118     teach at a Title I school.

119          (2) (a) Subject to future budget constraints, the Legislature shall annually appropriate
120     money to the Teacher Salary Supplement Restricted Account established in Section
121     53A-17a-157 to fund the Teacher Salary Supplement Program.
122          (b) Money appropriated for the Teacher Salary Supplement Program shall include
123     money for the following employer-paid benefits:
124          (i) retirement;
125          (ii) workers' compensation;
126          (iii) Social Security; and
127          (iv) Medicare.
128          (3) (a) (i) The annual salary supplement for an eligible teacher who is assigned full
129     time to teach one or more courses listed in Subsections (1)[(b)](c)(i)(A) through (E) is $4,100.
130          [(b)] (ii) An eligible teacher who has a part-time assignment to teach one or more
131     courses listed in Subsections (1)[(b)](c)(i)(A) through (E) shall receive a partial salary
132     supplement based on the number of hours worked in a course assignment that meets the
133     requirements of Subsections (1)[(b)](c)(ii) and (iii).
134          (b) The annual salary supplement for a certificate teacher is $1,500.
135          (c) The annual salary supplement for a Title I school certificate teacher is, in addition
136     to the supplement described in Subsection (3)(b), $2,500.
137          (4) The board shall:
138          (a) create an online application system for a teacher to apply to receive a salary
139     supplement through the Teacher Salary Supplement Program;
140          (b) determine if a teacher:
141          (i) (A) is an eligible teacher; and
142          [(ii)] (B) has a course assignment as listed in Subsections (1)[(b)](c)(i)(A) through (E);
143     [and]
144          (ii) is a certificate teacher; or
145          (iii) is a Title I school certificate teacher;
146          (c) verify, as needed, the determinations made under Subsection (4)(b) with school
147     district and school administrators[.]; and
148          (d) certify a list of eligible teachers, certificate teachers, and Title I school certificate
149     teachers.

150          (5) (a) An eligible teacher, a certificate teacher, or a Title I school certificate teacher
151     shall apply with the board before the conclusion of a school year to receive the salary
152     supplement authorized in this section.
153          (b) An eligible teacher, a certificate teacher, or a Title I school certificate teacher may
154     apply with the board, after verification that the requirements under this section have been
155     satisfied, to receive a salary supplement after the completion of:
156          (i) the school year as an annual award; or
157          (ii) a semester or trimester as a partial award based on the portion of the school year
158     that has been completed.
159          (6) (a) The board shall establish and administer an appeal process for a teacher to
160     follow if the teacher applies for the salary supplement and is not certified under Subsection (4).
161          (b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
162     appeal eligibility as an eligible teacher on the basis that the teacher has a degree or degree
163     major with course requirements that are substantially equivalent to the course requirements for
164     a degree listed in:
165          (A) Subsection (1)[(c)](e)(i)(A);
166          (B) Subsections (1)[(c)](e)(ii)(A) through (E); or
167          (C) Subsections (1)[(c)](e)(iii)(A) and (B).
168          (ii) A teacher shall provide transcripts and other documentation to the board in order
169     for the board to determine if the teacher has a degree or degree major with course requirements
170     that are substantially equivalent to the course requirements for a degree listed in:
171          (A) Subsection (1)[(c)](e)(i)(A);
172          (B) Subsections (1)[(c)](e)(ii)(A) through (E); or
173          (C) Subsections (1)[(c)](e)(iii)(A) and (B).
174          (c) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
175     appeal eligibility as a certificate teacher on the basis that the teacher holds a current certificate.
176          (ii) A teacher shall provide to the board a certificate or other related documentation in
177     order for the board to determine if the teacher holds a current certificate.
178          (d) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
179     appeal eligibility as a Title I school certificate teacher on the basis that the teacher:
180          (A) holds a current certificate; and

181          (B) is assigned to teach at a Title I school.
182          (ii) A teacher shall provide to the board:
183          (A) information described in Subsection (6)(c)(ii); and
184          (B) verification that the teacher is assigned to teach at a Title I school.
185          (7) (a) The board shall distribute money from the Teacher Salary Supplement
186     Restricted Account to school districts and charter schools for the Teacher Salary Supplement
187     Program in accordance with the provisions of this section.
188          (b) The board shall include the employer-paid benefits described under Subsection
189     (2)(b) in the amount of each salary supplement.
190          (c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
191     salary supplement limits described under Subsection (3).
192          (8) (a) Money received from the Teacher Salary Supplement Restricted Account shall
193     be used by a school district or charter school to provide a salary supplement equal to the
194     amount specified in Subsection (3) for each eligible teacher, certificate teacher, or Title I
195     school certificate teacher.
196          (b) The salary supplement is part of the teacher's base pay, subject to the teacher's
197     qualification as an eligible teacher, a certificate teacher, or a Title I school certificate teacher
198     every year, semester, or trimester.
199          (9) Notwithstanding the provisions of this section, if the appropriation for the program
200     is insufficient to cover the costs associated with salary supplements, the board may limit or
201     reduce the salary supplements.