Chief Sponsor: Bruce R. Cutler

Senate Sponsor: Ann Millner


8     General Description:
9          This bill amends provisions related to the Minimum School Program.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions related to a local school board paying for a student to attend a
13     school district outside of the state;
14          ▸     amends funding requirements for comprehensive guidance programs; and
15          ▸     repeals the Teacher Salary Supplement Restricted Account.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          53A-2-204, as enacted by Laws of Utah 1988, Chapter 2
23          53A-17a-113, as last amended by Laws of Utah 2010, Chapter 3
24          53A-17a-156, as last amended by Laws of Utah 2015, Chapter 122
25     REPEALS:
26          53A-17a-157, as last amended by Laws of Utah 2015, Chapter 122

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 53A-2-204 is amended to read:
30          53A-2-204. District paying tuition -- Effect on state aid.
31          (1) A local school board may by written agreement pay the tuition of a child attending
32     school in a district outside the state. Both districts shall approve the agreement and file it with
33     the State Board of Education.
34          (2) The average daily membership of the child may be added to that of other eligible
35     children attending schools within the district of residence for the purpose of apportionment of
36     state funds.
37          (3) The district of residence shall bear any excess tuition costs over the state's
38     contribution for attendance [in the district of residence unless otherwise approved in advance
39     by the State Board of Education].
40          Section 2. Section 53A-17a-113 is amended to read:
41          53A-17a-113. Weighted pupil units for career and technical education programs
42     -- Funding of approved programs -- Performance measures -- Qualifying criteria.
43          (1) (a) Money appropriated to the State Board of Education for approved career and
44     technical education programs and the comprehensive guidance program:
45          (i) shall be allocated to eligible recipients as provided in Subsections (2), (3), and (4)[,
46     and (5)]; and
47          (ii) may not be used to fund programs below the ninth grade level.
48          (b) Subsection (1)(a)(ii) does not apply to the following programs:
49          (i) comprehensive guidance;
50          (ii) Technology-Life-Careers; and
51          (iii) work-based learning programs.
52          (2) (a) Weighted pupil units are computed for pupils in approved programs.
53          (b) (i) The board shall fund approved programs based upon hours of membership of
54     9th through 12th grade students.
55          (ii) Subsection (2)(b)(i) does not apply to the following programs:
56          (A) comprehensive guidance;
57          (B) Technology-Life-Careers; and
58          (C) work-based learning programs.

59          (c) The board shall use an amount not to exceed 20% of the total appropriation under
60     this section to fund approved programs based on performance measures such as placement and
61     competency attainment defined in standards set by the board.
62          (d) Leadership organization funds shall constitute an amount not to exceed 1% of the
63     total appropriation under this section, and shall be distributed to each local educational agency
64     sponsoring career and technical education student leadership organizations based on the
65     agency's share of the state's total membership in those organizations.
66          (e) The board shall make the necessary calculations for distribution of the
67     appropriation to school districts and may revise and recommend changes necessary for
68     achieving equity and ease of administration.
69          (3) (a) Twenty weighted pupil units shall be computed for career and technical
70     education administrative costs for each district, except 25 weighted pupil units may be
71     computed for each district that consolidates career and technical education administrative
72     services with one or more other districts.
73          (b) Between 10 and 25 weighted pupil units shall be computed for each high school
74     conducting approved career and technical education programs in a district according to
75     standards established by the board.
76          (c) Forty weighted pupil units shall be computed for each district that operates an
77     approved career and technical education center.
78          (d) Between five and seven weighted pupil units shall be computed for each summer
79     career and technical education agriculture program according to standards established by the
80     board.
81          (e) The board shall, by rule, establish qualifying criteria for districts to receive
82     weighted pupil units under this Subsection (3).
83          (4) (a) Money remaining after the allocations made under Subsections (2) and (3) shall
84     be allocated using average daily membership in approved programs for the previous year.
85          (b) A district that has experienced student growth in grades 9 through 12 for the
86     previous year shall have the growth factor applied to the previous year's weighted pupil units
87     when calculating the allocation of money under this Subsection (4).
88          [(5) Of the money allocated to comprehensive guidance programs pursuant to board
89     rules, $1,000,000 in grants shall be awarded to school districts or charter schools that:]

90          [(a) provide an equal amount of matching funds; and]
91          [(b) do not supplant other funds used for comprehensive guidance programs.]
92          [(6)] (5) (a) The board shall establish rules for the upgrading of high school career and
93     technical education programs.
94          (b) The rules shall reflect career and technical training and actual marketable job skills
95     in society.
96          (c) The rules shall include procedures to assist school districts to convert existing
97     programs which are not preparing students for the job market into programs that will
98     accomplish that purpose.
99          [(7)] (6) Programs that do not meet board standards may not be funded under this
100     section.
101          Section 3. Section 53A-17a-156 is amended to read:
102          53A-17a-156. Teacher Salary Supplement Program -- Appeal process.
103          (1) As used in this section:
104          (a) "Board" means the State Board of Education.
105          (b) "Eligible teacher" means a teacher who:
106          (i) has an assignment to teach:
107          (A) a secondary school level mathematics course;
108          (B) integrated science in grade seven or eight;
109          (C) chemistry;
110          (D) physics; or
111          (E) computer science;
112          (ii) holds the appropriate endorsement for the assigned course;
113          (iii) has qualifying educational background; and
114          (iv) (A) is a new employee; or
115          (B) received a satisfactory rating or above on the teacher's most recent evaluation.
116          (c) "Qualifying educational background" means:
117          (i) for a teacher who is assigned a secondary school level mathematics course:
118          (A) a bachelor's degree major, master's degree, or doctoral degree in mathematics; or
119          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
120     requirements that are substantially equivalent to the course requirements for a bachelor's degree

121     major, master's degree, or doctoral degree in mathematics;
122          (ii) for a teacher who is assigned a grade seven or eight integrated science course,
123     chemistry course, or physics course, a bachelor's degree major, master's degree, or doctoral
124     degree in:
125          (A) integrated science;
126          (B) chemistry;
127          (C) physics;
128          (D) physical science;
129          (E) general science; or
130          (F) a bachelor's degree major, master's degree, or doctoral degree that has course
131     requirements that are substantially equivalent to the course requirements of those required for a
132     degree listed in Subsections (1)(c)(ii)(A) through (E);
133          (iii) for a teacher who is assigned a computer science course, a bachelor's degree major,
134     master's degree, or doctoral degree in:
135          (A) computer science;
136          (B) computer information technology; or
137          (C) a bachelor's degree major, master's degree, or doctoral degree that has course
138     requirements that are substantially equivalent to the course requirements of those required for a
139     degree listed in Subsections (1)(c)(iii)(A) and (B).
140          (2) (a) Subject to future budget constraints, the Legislature shall annually appropriate
141     money to [the Teacher Salary Supplement Restricted Account established in Section
142     53A-17a-157 to fund] the Teacher Salary Supplement Program.
143          (b) Money appropriated for the Teacher Salary Supplement Program shall include
144     money for the following employer-paid benefits:
145          (i) retirement;
146          (ii) workers' compensation;
147          (iii) social security; and
148          (iv) Medicare.
149          (3) (a) The annual salary supplement for an eligible teacher who is assigned full time to
150     teach one or more courses listed in Subsections (1)(b)(i)(A) through (E) is $4,100.
151          (b) An eligible teacher who has a part-time assignment to teach one or more courses

152     listed in Subsections (1)(b)(i)(A) through (E) shall receive a partial salary supplement based on
153     the number of hours worked in a course assignment that meets the requirements of Subsections
154     (1)(b)(ii) and (iii).
155          (4) The board shall:
156          (a) create an online application system for a teacher to apply to receive a salary
157     supplement through the Teacher Salary Supplement Program;
158          (b) determine if a teacher:
159          (i) is an eligible teacher; and
160          (ii) has a course assignment as listed in Subsections (1)(b)(i)(A) through (E); and
161          (c) verify, as needed, the determinations made under Subsection (4)(b) with school
162     district and school administrators.
163          (5) (a) An eligible teacher shall apply with the board before the conclusion of a school
164     year to receive the salary supplement authorized in this section.
165          (b) An eligible teacher may apply with the board, after verification that the
166     requirements under this section have been satisfied, to receive a salary supplement after the
167     completion of:
168          (i) the school year as an annual award; or
169          (ii) a semester or trimester as a partial award based on the portion of the school year
170     that has been completed.
171          (6) (a) The board shall establish and administer an appeal process for a teacher to
172     follow if the teacher applies for the salary supplement and is not certified under Subsection (4).
173          (b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
174     appeal on the basis that the teacher has a degree or degree major with course requirements that
175     are substantially equivalent to the course requirements for a degree listed in:
176          (A) Subsection (1)(c)(i)(A);
177          (B) Subsections (1)(c)(ii)(A) through (E); or
178          (C) Subsections (1)(c)(iii)(A) and (B).
179          (ii) A teacher shall provide transcripts and other documentation to the board in order
180     for the board to determine if the teacher has a degree or degree major with course requirements
181     that are substantially equivalent to the course requirements for a degree listed in:
182          (A) Subsection (1)(c)(i)(A);

183          (B) Subsections (1)(c)(ii)(A) through (E); or
184          (C) Subsections (1)(c)(iii)(A) and (B).
185          (7) (a) The board shall distribute money [from] appropriated to the Teacher Salary
186     Supplement [Restricted Account] Program to school districts and charter schools for the
187     Teacher Salary Supplement 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]
193     Program shall be used by a school district or charter school to provide a salary supplement
194     equal to the amount specified in Subsection (3) for each eligible teacher.
195          (b) The salary supplement is part of the teacher's base pay, subject to the teacher's
196     qualification as an eligible teacher every year, semester, or trimester.
197          (9) Notwithstanding the provisions of this section, if the appropriation for the program
198     is insufficient to cover the costs associated with salary supplements, the board may limit or
199     reduce the salary supplements.
200          Section 4. Repealer.
201          This bill repeals:
202          Section 53A-17a-157, Teacher Salary Supplement Restricted Account.

Legislative Review Note
Office of Legislative Research and General Counsel