Senator Lyle W. Hillyard proposes the following substitute bill:


1     
INCENTIVE FOR EFFECTIVE TEACHERS IN

2     
HIGH POVERTY SCHOOLS

3     
2017 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Mike Winder

6     
Senate Sponsor: Lyle W. Hillyard

7     Cosponsors:
8     Stewart E. Barlow
9     Walt Brooks
10     LaVar Christensen
11     Brad M. Daw
12     James A. Dunnigan
13     Rebecca P. Edwards
Steve Eliason
Stephen G. Handy
Eric K. Hutchings
Ken Ivory
John Knotwell
Michael E. Noel
Jeremy A. Peterson
Val K. Potter
Susan Pulsipher
V. Lowry Snow
Raymond P. Ward
Christine F. Watkins
Brad R. Wilson
14     

15     LONG TITLE
16     General Description:
17          This bill creates the Effective Teachers in High Poverty Schools Incentive Program.
18     Highlighted Provisions:
19          This bill:
20          ▸     creates the Effective Teachers in High Poverty Schools Incentive Program
21     (program);
22          ▸     defines terms;
23          ▸     authorizes the State Board of Education to award a salary bonus to an eligible
24     teacher;

25          ▸     excludes a teacher salary bonus from compensation for purposes of a state
26     retirement program;
27          ▸     requires the State Board of Education to evaluate the effectiveness of the program
28     and submit a report to the Education Interim Committee; and
29          ▸     makes technical corrections.
30     Money Appropriated in this Bill:
31          This bill appropriates for fiscal year 2018:
32          ▸     to the State Board of Education -- Minimum School Program -- Related to Basic
33     School Program, as an ongoing appropriation:
34               •     from the Education Fund, $250,000.
35     Other Special Clauses:
36          This bill provides a coordination clause.
37     Utah Code Sections Affected:
38     AMENDS:
39          49-12-102, as last amended by Laws of Utah 2016, Chapters 227 and 304
40          49-13-102, as last amended by Laws of Utah 2016, Chapters 227 and 304
41          49-22-102, as last amended by Laws of Utah 2016, Chapters 227 and 304
42     ENACTS:
43          53A-17a-173, Utah Code Annotated 1953
44     Utah Code Sections Affected by Coordination Clause:
45          53A-17a-173, Utah Code Annotated 1953
46     

47     Be it enacted by the Legislature of the state of Utah:
48          Section 1. Section 49-12-102 is amended to read:
49          49-12-102. Definitions.
50          As used in this chapter:
51          (1) "Benefits normally provided":
52          (a) means a benefit offered by an employer, including:
53          (i) a leave benefit of any kind;
54          (ii) insurance coverage of any kind if the employer pays some or all of the premium for
55     the coverage;

56          (iii) employer contributions to a health savings account, health reimbursement account,
57     health reimbursement arrangement, or medical expense reimbursement plan; and
58          (iv) a retirement benefit of any kind if the employer pays some or all of the cost of the
59     benefit; and
60          (b) does not include:
61          (i) a payment for social security;
62          (ii) workers' compensation insurance;
63          (iii) unemployment insurance;
64          (iv) a payment for Medicare;
65          (v) a payment or insurance required by federal or state law that is similar to a payment
66     or insurance listed in Subsection (1)(b)(i), (ii), (iii), or (iv);
67          (vi) any other benefit that state or federal law requires an employer to provide an
68     employee who would not otherwise be eligible to receive the benefit; or
69          (vii) any benefit that an employer provides an employee in order to avoid a penalty or
70     tax under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148 and the Health
71     Care Education Reconciliation Act of 2010, Pub. L. No. 111-152, and related federal
72     regulations, including a penalty imposed by Internal Revenue Code, Section 4980H.
73          (2) (a) "Compensation" means, except as provided in Subsection (2)(c), the total
74     amount of payments made by a participating employer to a member of this system for services
75     rendered to the participating employer, including:
76          (i) bonuses;
77          (ii) cost-of-living adjustments;
78          (iii) other payments currently includable in gross income and that are subject to social
79     security deductions, including any payments in excess of the maximum amount subject to
80     deduction under social security law;
81          (iv) amounts that the member authorizes to be deducted or reduced for salary deferral
82     or other benefits authorized by federal law; and
83          (v) member contributions.
84          (b) "Compensation" for purposes of this chapter may not exceed the amount allowed
85     under Internal Revenue Code, Section 401(a)(17).
86          (c) "Compensation" does not include:

87          (i) the monetary value of remuneration paid in kind, including a residence or use of
88     equipment;
89          (ii) the cost of any employment benefits paid for by the participating employer;
90          (iii) compensation paid to a temporary employee, an exempt employee, or an employee
91     otherwise ineligible for service credit;
92          (iv) any payments upon termination, including accumulated vacation, sick leave
93     payments, severance payments, compensatory time payments, or any other special payments;
94     [or]
95          (v) any allowances or payments to a member for costs or expenses paid by the
96     participating employer, including automobile costs, uniform costs, travel costs, tuition costs,
97     housing costs, insurance costs, equipment costs, and dependent care costs[.]; or
98          (vi) a teacher salary bonus described in Section 53A-17a-172.
99          (d) The executive director may determine if a payment not listed under this Subsection
100     (2) falls within the definition of compensation.
101          (3) "Final average salary" means the amount calculated by averaging the highest five
102     years of annual compensation preceding retirement subject to Subsections (3)(a), (b), (c), (d),
103     and (e).
104          (a) Except as provided in Subsection (3)(b), the percentage increase in annual
105     compensation in any one of the years used may not exceed the previous year's compensation by
106     more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
107     of the dollar during the previous year, as measured by a United States Bureau of Labor
108     Statistics Consumer Price Index average as determined by the board.
109          (b) In cases where the participating employer provides acceptable documentation to the
110     office, the limitation in Subsection (3)(a) may be exceeded if:
111          (i) the member has transferred from another agency; or
112          (ii) the member has been promoted to a new position.
113          (c) If the member retires more than six months from the date of termination of
114     employment, the member is considered to have been in service at the member's last rate of pay
115     from the date of the termination of employment to the effective date of retirement for purposes
116     of computing the member's final average salary only.
117          (d) If the member has less than five years of service credit in this system, final average

118     salary means the average annual compensation paid to the member during the full period of
119     service credit.
120          (e) The annual compensation used to calculate final average salary shall be based on:
121          (i) a calendar year for a member employed by a participating employer that is not an
122     educational institution; or
123          (ii) a contract year for a member employed by an educational institution.
124          (4) "Participating employer" means an employer which meets the participation
125     requirements of Sections 49-12-201 and 49-12-202.
126          (5) (a) "Regular full-time employee" means an employee whose term of employment
127     for a participating employer contemplates continued employment during a fiscal or calendar
128     year and whose employment normally requires an average of 20 hours or more per week,
129     except as modified by the board, and who receives benefits normally provided by the
130     participating employer.
131          (b) "Regular full-time employee" includes:
132          (i) a teacher whose term of employment for a participating employer contemplates
133     continued employment during a school year and who teaches half-time or more;
134          (ii) a classified school employee:
135          (A) who is hired before July 1, 2013; and
136          (B) whose employment normally requires an average of 20 hours per week or more for
137     a participating employer, regardless of benefits provided;
138          (iii) an officer, elective or appointive, who earns $500 or more per month, indexed as
139     of January 1, 1990, as provided in Section 49-12-407;
140          (iv) a faculty member or employee of an institution of higher education who is
141     considered full-time by that institution of higher education; and
142          (v) an individual who otherwise meets the definition of this Subsection (5) who
143     performs services for a participating employer through a professional employer organization or
144     similar arrangement.
145          (c) "Regular full-time employee" does not include a classified school employee:
146          (i) (A) who is hired on or after July 1, 2013; and
147          (B) who does not receive benefits normally provided by the participating employer
148     even if the employment normally requires an average of 20 hours per week or more for a

149     participating employer;
150          (ii) (A) who is hired before July 1, 2013;
151          (B) who did not qualify as a regular full-time employee before July 1, 2013;
152          (C) who does not receive benefits normally provided by the participating employer;
153     and
154          (D) whose employment hours are increased on or after July 1, 2013, to require an
155     average of 20 hours per week or more for a participating employer; or
156          (iii) who is a person working on a contract:
157          (A) for the purposes of vocational rehabilitation and the employment and training of
158     people with significant disabilities; and
159          (B) that has been set aside from procurement requirements by the state pursuant to
160     Section 63G-6a-805 or the federal government pursuant to 41 U.S.C. Sec. 8501 et seq.
161          (6) "System" means the Public Employees' Contributory Retirement System created
162     under this chapter.
163          (7) "Years of service credit" means:
164          (a) a period consisting of 12 full months as determined by the board;
165          (b) a period determined by the board, whether consecutive or not, during which a
166     regular full-time employee performed services for a participating employer, including any time
167     the regular full-time employee was absent on a paid leave of absence granted by a participating
168     employer or was absent in the service of the United States government on military duty as
169     provided by this chapter; or
170          (c) the regular school year consisting of not less than eight months of full-time service
171     for a regular full-time employee of an educational institution.
172          Section 2. Section 49-13-102 is amended to read:
173          49-13-102. Definitions.
174          As used in this chapter:
175          (1) "Benefits normally provided" has the same meaning as defined in Section
176     49-12-102.
177          (2) (a) Except as provided in Subsection (2)(c), "compensation" means the total
178     amount of payments made by a participating employer to a member of this system for services
179     rendered to the participating employer, including:

180          (i) bonuses;
181          (ii) cost-of-living adjustments;
182          (iii) other payments currently includable in gross income and that are subject to social
183     security deductions, including any payments in excess of the maximum amount subject to
184     deduction under social security law; and
185          (iv) amounts that the member authorizes to be deducted or reduced for salary deferral
186     or other benefits authorized by federal law.
187          (b) "Compensation" for purposes of this chapter may not exceed the amount allowed
188     under Internal Revenue Code, Section 401(a)(17).
189          (c) "Compensation" does not include:
190          (i) the monetary value of remuneration paid in kind, including a residence or use of
191     equipment;
192          (ii) the cost of any employment benefits paid for by the participating employer;
193          (iii) compensation paid to a temporary employee, an exempt employee, or an employee
194     otherwise ineligible for service credit;
195          (iv) any payments upon termination, including accumulated vacation, sick leave
196     payments, severance payments, compensatory time payments, or any other special payments;
197     [or]
198          (v) any allowances or payments to a member for costs or expenses paid by the
199     participating employer, including automobile costs, uniform costs, travel costs, tuition costs,
200     housing costs, insurance costs, equipment costs, and dependent care costs[.]; or
201          (vi) a teacher salary bonus described in Section 53A-17a-172.
202          (d) The executive director may determine if a payment not listed under this Subsection
203     (2) falls within the definition of compensation.
204          (3) "Final average salary" means the amount calculated by averaging the highest three
205     years of annual compensation preceding retirement subject to Subsections (3)(a), (b), (c), and
206     (d).
207          (a) Except as provided in Subsection (3)(b), the percentage increase in annual
208     compensation in any one of the years used may not exceed the previous year's compensation by
209     more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
210     of the dollar during the previous year, as measured by a United States Bureau of Labor

211     Statistics Consumer Price Index average as determined by the board.
212          (b) In cases where the participating employer provides acceptable documentation to the
213     office, the limitation in Subsection (3)(a) may be exceeded if:
214          (i) the member has transferred from another agency; or
215          (ii) the member has been promoted to a new position.
216          (c) If the member retires more than six months from the date of termination of
217     employment and for purposes of computing the member's final average salary only, the
218     member is considered to have been in service at the member's last rate of pay from the date of
219     the termination of employment to the effective date of retirement.
220          (d) The annual compensation used to calculate final average salary shall be based on:
221          (i) a calendar year for a member employed by a participating employer that is not an
222     educational institution; or
223          (ii) a contract year for a member employed by an educational institution.
224          (4) "Participating employer" means an employer which meets the participation
225     requirements of Sections 49-13-201 and 49-13-202.
226          (5) (a) "Regular full-time employee" means an employee whose term of employment
227     for a participating employer contemplates continued employment during a fiscal or calendar
228     year and whose employment normally requires an average of 20 hours or more per week,
229     except as modified by the board, and who receives benefits normally provided by the
230     participating employer.
231          (b) "Regular full-time employee" includes:
232          (i) a teacher whose term of employment for a participating employer contemplates
233     continued employment during a school year and who teaches half time or more;
234          (ii) a classified school employee:
235          (A) who is hired before July 1, 2013; and
236          (B) whose employment normally requires an average of 20 hours per week or more for
237     a participating employer, regardless of benefits provided;
238          (iii) an officer, elective or appointive, who earns $500 or more per month, indexed as
239     of January 1, 1990, as provided in Section 49-13-407;
240          (iv) a faculty member or employee of an institution of higher education who is
241     considered full time by that institution of higher education; and

242          (v) an individual who otherwise meets the definition of this Subsection (5) who
243     performs services for a participating employer through a professional employer organization or
244     similar arrangement.
245          (c) "Regular full-time employee" does not include a classified school employee:
246          (i) (A) who is hired on or after July 1, 2013; and
247          (B) who does not receive benefits normally provided by the participating employer
248     even if the employment normally requires an average of 20 hours per week or more for a
249     participating employer;
250          (ii) (A) who is hired before July 1, 2013;
251          (B) who did not qualify as a regular full-time employee before July 1, 2013;
252          (C) who does not receive benefits normally provided by the participating employer;
253     and
254          (D) whose employment hours are increased on or after July 1, 2013, to require an
255     average of 20 hours per week or more for a participating employer; or
256          (iii) who is a person working on a contract:
257          (A) for the purposes of vocational rehabilitation and the employment and training of
258     people with significant disabilities; and
259          (B) that has been set aside from procurement requirements by the state pursuant to
260     Section 63G-6a-805 or the federal government pursuant to 41 U.S.C. Sec. 8501 et seq.
261          (6) "System" means the Public Employees' Noncontributory Retirement System.
262          (7) "Years of service credit" means:
263          (a) a period consisting of 12 full months as determined by the board;
264          (b) a period determined by the board, whether consecutive or not, during which a
265     regular full-time employee performed services for a participating employer, including any time
266     the regular full-time employee was absent on a paid leave of absence granted by a participating
267     employer or was absent in the service of the United States government on military duty as
268     provided by this chapter; or
269          (c) the regular school year consisting of not less than eight months of full-time service
270     for a regular full-time employee of an educational institution.
271          Section 3. Section 49-22-102 is amended to read:
272          49-22-102. Definitions.

273          As used in this chapter:
274          (1) "Benefits normally provided" has the same meaning as defined in Section
275     49-12-102.
276          (2) (a) "Compensation" means, except as provided in Subsection (2)(c), the total
277     amount of payments made by a participating employer to a member of this system for services
278     rendered to the participating employer, including:
279          (i) bonuses;
280          (ii) cost-of-living adjustments;
281          (iii) other payments currently includable in gross income and that are subject to social
282     security deductions, including any payments in excess of the maximum amount subject to
283     deduction under social security law;
284          (iv) amounts that the member authorizes to be deducted or reduced for salary deferral
285     or other benefits authorized by federal law; and
286          (v) member contributions.
287          (b) "Compensation" for purposes of this chapter may not exceed the amount allowed
288     under Internal Revenue Code, Section 401(a)(17).
289          (c) "Compensation" does not include:
290          (i) the monetary value of remuneration paid in kind, including a residence or use of
291     equipment;
292          (ii) the cost of any employment benefits paid for by the participating employer;
293          (iii) compensation paid to a temporary employee or an employee otherwise ineligible
294     for service credit;
295          (iv) any payments upon termination, including accumulated vacation, sick leave
296     payments, severance payments, compensatory time payments, or any other special payments;
297     [or]
298          (v) any allowances or payments to a member for costs or expenses paid by the
299     participating employer, including automobile costs, uniform costs, travel costs, tuition costs,
300     housing costs, insurance costs, equipment costs, and dependent care costs[.]; or
301          (vi) a teacher salary bonus described in Section 53A-17a-172.
302          (d) The executive director may determine if a payment not listed under this Subsection
303     (2) falls within the definition of compensation.

304          (3) "Corresponding Tier I system" means the system or plan that would have covered
305     the member if the member had initially entered employment before July 1, 2011.
306          (4) "Final average salary" means the amount calculated by averaging the highest five
307     years of annual compensation preceding retirement subject to Subsections (4)(a), (b), (c), (d),
308     and (e).
309          (a) Except as provided in Subsection (4)(b), the percentage increase in annual
310     compensation in any one of the years used may not exceed the previous year's compensation by
311     more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
312     of the dollar during the previous year, as measured by a United States Bureau of Labor
313     Statistics Consumer Price Index average as determined by the board.
314          (b) In cases where the participating employer provides acceptable documentation to the
315     office, the limitation in Subsection (4)(a) may be exceeded if:
316          (i) the member has transferred from another agency; or
317          (ii) the member has been promoted to a new position.
318          (c) If the member retires more than six months from the date of termination of
319     employment, the member is considered to have been in service at the member's last rate of pay
320     from the date of the termination of employment to the effective date of retirement for purposes
321     of computing the member's final average salary only.
322          (d) If the member has less than five years of service credit in this system, final average
323     salary means the average annual compensation paid to the member during the full period of
324     service credit.
325          (e) The annual compensation used to calculate final average salary shall be based on:
326          (i) a calendar year for a member employed by a participating employer that is not an
327     educational institution; or
328          (ii) a contract year for a member employed by an educational institution.
329          (5) "Participating employer" means an employer which meets the participation
330     requirements of:
331          (a) Sections 49-12-201 and 49-12-202;
332          (b) Sections 49-13-201 and 49-13-202;
333          (c) Section 49-19-201; or
334          (d) Section 49-22-201 or 49-22-202.

335          (6) (a) "Regular full-time employee" means an employee whose term of employment
336     for a participating employer contemplates continued employment during a fiscal or calendar
337     year and whose employment normally requires an average of 20 hours or more per week,
338     except as modified by the board, and who receives benefits normally provided by the
339     participating employer.
340          (b) "Regular full-time employee" includes:
341          (i) a teacher whose term of employment for a participating employer contemplates
342     continued employment during a school year and who teaches half time or more;
343          (ii) a classified school employee:
344          (A) who is hired before July 1, 2013; and
345          (B) whose employment normally requires an average of 20 hours per week or more for
346     a participating employer, regardless of benefits provided;
347          (iii) an appointive officer whose appointed position is full time as certified by the
348     participating employer;
349          (iv) the governor, the lieutenant governor, the state auditor, the state treasurer, the
350     attorney general, and a state legislator;
351          (v) an elected official not included under Subsection (6)(b)(iv) whose elected position
352     is full time as certified by the participating employer;
353          (vi) a faculty member or employee of an institution of higher education who is
354     considered full time by that institution of higher education; and
355          (vii) an individual who otherwise meets the definition of this Subsection (6) who
356     performs services for a participating employer through a professional employer organization or
357     similar arrangement.
358          (c) "Regular full-time employee" does not include:
359          (i) a firefighter service employee as defined in Section 49-23-102;
360          (ii) a public safety service employee as defined in Section 49-23-102;
361          (iii) a classified school employee:
362          (A) who is hired on or after July 1, 2013; and
363          (B) who does not receive benefits normally provided by the participating employer
364     even if the employment normally requires an average of 20 hours per week or more for a
365     participating employer;

366          (iv) a classified school employee:
367          (A) who is hired before July 1, 2013;
368          (B) who did not qualify as a regular full-time employee before July 1, 2013;
369          (C) who does not receive benefits normally provided by the participating employer;
370     and
371          (D) whose employment hours are increased on or after July 1, 2013, to require an
372     average of 20 hours per week or more for a participating employer; or
373          (E) who is a person working on a contract:
374          (I) for the purposes of vocational rehabilitation and the employment and training of
375     people with significant disabilities; and
376          (II) that has been set aside from procurement requirements by the state pursuant to
377     Section 63G-6a-805 or the federal government pursuant to 41 U.S.C. Sec. 8501 et seq.
378          (7) "System" means the New Public Employees' Tier II Contributory Retirement
379     System created under this chapter.
380          (8) "Years of service credit" means:
381          (a) a period consisting of 12 full months as determined by the board;
382          (b) a period determined by the board, whether consecutive or not, during which a
383     regular full-time employee performed services for a participating employer, including any time
384     the regular full-time employee was absent on a paid leave of absence granted by a participating
385     employer or was absent in the service of the United States government on military duty as
386     provided by this chapter; or
387          (c) the regular school year consisting of not less than eight months of full-time service
388     for a regular full-time employee of an educational institution.
389          Section 4. Section 53A-17a-173 is enacted to read:
390          53A-17a-173. Effective Teachers in High Poverty Schools Incentive Program --
391     Salary bonus -- Evaluation.
392          (1) As used in this section:
393          (a) "Board" means the State Board of Education.
394          (b) "Cohort" means a group of students, defined by the year in which the group enters
395     grade 1.
396          (c) "Eligible teacher" means a teacher who:

397          (i) is employed as a teacher in a high poverty school at the time the teacher is
398     considered by the board for a salary bonus; and
399          (ii) achieves a median growth percentile of 70 or higher:
400          (A) a full school year before the school year the eligible teacher is being considered by
401     the board for a salary bonus under this section, regardless of whether the teacher was employed
402     the previous school year by a high poverty school or a different public school; and
403          (B) while teaching at any public school in the state a course for which a statewide
404     criterion-referenced test or online computer adaptive test is administered as described in
405     Section 53A-1-603.
406          (d) "High poverty school" means a public school:
407          (i) in which:
408          (A) more than 20% of the enrolled students are classified as children affected by
409     intergenerational poverty; or
410          (B) 70% or more of the enrolled students qualify for free or reduced lunch; or
411          (ii) (A) that has previously met the criteria described in Subsection (1)(d)(i)(A) and for
412     each school year since meeting that criteria at least 15% of the enrolled students at the public
413     school have been classified as children affected by intergenerational poverty; or
414          (B) that has previously met the criteria described in Subsection (1)(d)(i)(B) and for
415     each school year since meeting that criteria at least 60% of the enrolled students at the public
416     school have qualified for free or reduced lunch.
417          (e) "Intergenerational poverty" means the same as that term is defined in Section
418     35A-9-102.
419          (f) "Median growth percentile" means a number that describes the comparative
420     effectiveness of a teacher in helping the teacher's students achieve growth in a year by
421     identifying the median student growth percentile of all the students a teacher instructs.
422          (g) "Program" means the Effective Teachers in High Poverty Schools Incentive
423     Program created in Subsection (2).
424          (h) "Student growth percentile" is a number that describes where a student ranks in
425     comparison to the student's cohort.
426          (2) (a) The Effective Teachers in High Poverty Schools Incentive Program is created to
427     provide an annual salary bonus for an eligible teacher.

428          (b) The board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
429     Rulemaking Act, make rules for:
430          (i) the administration of the program;
431          (ii) payment of a salary bonus; and
432          (iii) application requirements.
433          (c) The board shall make an annual salary bonus payment in a fiscal year that begins on
434     July 1, 2017, and each fiscal year thereafter in which money is appropriated for the program.
435          (3) (a) Subject to future budget constraints, the Legislature shall annually appropriate
436     money to fund the program.
437          (b) Money appropriated for the program shall include money for the following
438     employer-paid benefits:
439          (i) social security; and
440          (ii) Medicare.
441          (4) (a) (i) A charter school or school district school shall annually apply to the board on
442     behalf of an eligible teacher for an eligible teacher to receive an annual salary bonus each year
443     that the teacher is an eligible teacher.
444          (ii) A teacher need not be an eligible teacher in consecutive years to receive the
445     increased annual salary bonus described in Subsection (4)(b).
446          (b) The annual salary bonus for an eligible teacher is $5,000:
447          (c) A public school that applies on behalf of an eligible teacher under Subsection
448     (4)(a)(i) shall pay half of the salary bonus described in Subsection (4)(b) each year the eligible
449     teacher is awarded the salary bonus.
450          (d) The board shall award a salary bonus to an eligible teacher based on the order that
451     an application from a public school on behalf of the eligible is received.
452          (5) The board shall:
453          (a) determine if a teacher is an eligible teacher; and
454          (b) verify, as needed, the determinations made under Subsection (5)(a) with the school
455     district and school district administrators.
456          (6) The board shall:
457          (a) distribute money from the program to school districts and charter schools in
458     accordance with this section and board rule; and

459          (b) include the employer-paid benefits described in Subsection (3)(b) in addition to the
460     salary bonus amount described in Subsection (4)(b).
461          (7) Money received from the program shall be used by a school district or charter
462     school to provide an annual salary bonus equal to the amount specified in Subsection (4)(b) for
463     each eligible teacher and to pay affiliated employer-paid benefits described in Subsection
464     (3)(b).
465          (8) (a) After the third year salary bonus payments are made, and each succeeding year,
466     the board shall evaluate the extent to which a salary bonus described in this section improves
467     recruitment and retention of effective teachers in high poverty schools by at least:
468          (i) surveying teachers who receive the salary bonus; and
469          (ii) examining turnover rates of teachers who receive the salary bonus compared to
470     teachers who do not receive the salary bonus.
471          (b) Each year that the board conducts an evaluation described in Subsection (8)(a), the
472     board shall, in accordance with Section 68-3-14, submit a report on the results of the evaluation
473     to the Education Interim Committee on or before November 30.
474          (9) A public school shall annually notify a teacher:
475          (a) of the teacher's median growth percentile; and
476          (b) how the teacher's median growth percentile is calculated.
477          (10) Notwithstanding this section, if the appropriation for the program is insufficient to
478     cover the costs associated with salary bonuses, the board may limit or reduce a salary bonus.
479          Section 5. Appropriation.
480          The following sums of money are appropriated for the fiscal year beginning July 1,
481     2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
482     fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
483     Act, the Legislature appropriates the following sums of money from the funds or accounts
484     indicated for the use and support of the government of the state of Utah.
485     ITEM 1
486          To State Board of Education -- Minimum School Program -- Related to Basic Program
487               From Education Fund
$250,000

488               Schedule of Programs:
489                    Effective Teachers in High Poverty

490                    Schools Incentive Program               $250,000
491          The Legislature intends that the State Board of Education use the $250,000 ongoing
492     appropriation described in this section to award a salary bonus and pay an authorized
493     employer-paid benefit to an eligible teacher as part of the program described in Section
494     53A-17a-172.
495          Section 6. Coordinating H.B. 212 with S.B. 220 -- Substantive and technical
496     amendments.
497          If this H.B. 212 and S.B. 220, Student Assessment and School Accountability
498     Amendments, both pass and become law, it is the intent of the Legislature that the Office of
499     Legislative Research and General Counsel prepare the Utah Code database for publication by
500     modifying Subsection 53A-17a-173(1)(c)(ii)(B) to read:
501          "(B) while teaching at any public school in the state a course for which a standards
502     assessment is administered as described in Section 53A-1-604.".