1
2
3
4
5
6
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 [
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[
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 [
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[
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 [
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[
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.".