Senator Howard A. Stephenson proposes the following substitute bill:


1     
TEACHER SALARY SUPPLEMENT REVISIONS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Val K. Potter

5     
Senate Sponsor: Howard A. Stephenson

6     Cosponsors:
7     Patrice M. Arent
Kay J. Christofferson
Steve Eliason
Jefferson Moss
8     

9     LONG TITLE
10     General Description:
11          This bill amends provisions of the Teacher Salary Supplement Program.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     provides a salary supplement for a teacher who has a degree in special education
16     and is assigned to teach special education;
17          ▸     amends other provisions related to an individual's eligibility for a teacher salary
18     supplement; and
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          This bill provides a special effective date.
24     Utah Code Sections Affected:
25     AMENDS:
26          53F-2-504, as renumbered and amended by Laws of Utah 2018, Chapter 2
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 53F-2-504 is amended to read:
30          53F-2-504. Teacher Salary Supplement Program -- Appeal process.
31          (1) As used in this section:
32          (a) "Board" means the State Board of Education.
33          (b) "Certificate teacher" means a teacher who holds a National Board certification.
34          (c) "Eligible teacher" means a teacher who:
35          (i) has an assignment to teach:
36          (A) a secondary school level mathematics course;
37          (B) integrated science in grade [seven or eight] 7 or 8;
38          (C) chemistry;
39          (D) physics; [or]
40          (E) computer science; or
41          (F) special education;
42          (ii) holds the appropriate endorsement for the assigned course;
43          (iii) has qualifying educational background; and
44          (iv) (A) is a new employee; or
45          (B) received a satisfactory rating or above on the teacher's most recent evaluation.
46          (d) "Field of computer science" means:
47          (i) computer science; or
48          (ii) computer information technology.
49          (e) "Field of science" means:
50          (i) integrated science;
51          (ii) chemistry;
52          (iii) physics;
53          (iv) physical science; or
54          (v) general science.
55          (f) "License" means the same as that term is defined in Section 53E-6-102.
56          [(d)] (g) "National Board certification" means the same as that term is defined in
57     Section 53E-6-102.
58          [(e)] (h) "Qualifying educational background" means:
59          (i) for a teacher who is assigned a secondary school level mathematics course:
60          (A) a bachelor's degree major, master's degree, or doctoral degree in mathematics; or
61          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
62     requirements that are substantially equivalent to the course requirements for a bachelor's degree
63     major, master's degree, or doctoral degree in mathematics;
64          (ii) for a teacher who is assigned a grade [seven or eight] 7 or 8 integrated science
65     course, chemistry course, or physics course[,]:
66          (A) a bachelor's degree major, master's degree, or doctoral degree in[:] a field of
67     science; or
68          [(A) integrated science;]
69          [(B) chemistry;]
70          [(C) physics;]
71          [(D) physical science;]
72          [(E) general science; or]
73          [(F)] (B) a bachelor's degree major, master's degree, or doctoral degree that has course
74     requirements that are substantially equivalent to the course requirements of those required for a
75     degree [listed in Subsections (1)(e)(ii)(A) through (E);] described in Subsection (1)(h)(ii)(A);
76          (iii) for a teacher who is assigned a computer science course[,]:
77          (A) a bachelor's degree major, master's degree, or doctoral degree in[:] a field of
78     computer science; or
79          [(A) computer science;]
80          [(B) computer information technology; or]
81          [(C)] (B) a bachelor's degree major, master's degree, or doctoral degree that has course
82     requirements that are substantially equivalent to the course requirements of those required for a
83     degree [listed in Subsections (1)(e)(iii)(A) and (B).] described in Subsection (1)(h)(iii)(A); or
84          (iv) for a teacher who is assigned to teach special education, a bachelor's degree major,
85     master's degree, or doctoral degree in special education.
86          [(f)] (i) "Title I school" means a school that receives funds under the Elementary and
87     Secondary Education Act of 1965, Title I, 20 U.S.C. Sec. 6301 et seq.
88          [(g)] (j) "Title I school certificate teacher" means a certificate teacher who is assigned
89     to teach at a Title I school.
90          (2) (a) Subject to future budget constraints, the Legislature shall:
91          (i) annually appropriate money to the Teacher Salary Supplement Program[.] to
92     maintain annual salary supplements provided in previous years; and
93          (ii) provide salary supplements to new recipients.
94          (b) Money appropriated for the Teacher Salary Supplement Program shall include
95     money for the following employer-paid benefits:
96          (i) retirement;
97          (ii) workers' compensation;
98          (iii) Social Security; and
99          (iv) Medicare.
100          (3) (a) (i) The annual salary supplement for an eligible teacher who is assigned full
101     time to teach one or more courses listed in Subsections (1)(c)(i)(A) through [(E)] (F) is $4,100
102     and funded through an appropriation described in Subsection (2).
103          (ii) An eligible teacher who has a part-time assignment to teach one or more courses
104     listed in Subsections (1)(c)(i)(A) through [(E)] (F) shall receive a partial salary supplement
105     based on the number of hours worked in [a] the course assignment [that meets the requirements
106     of Subsections (1)(c)(ii) and (iii)].
107          (b) The annual salary supplement for a certificate teacher is $750.
108          (c) (i) The annual salary supplement for a Title I school certificate teacher is $1,500.
109          (ii) A certificate teacher who qualifies for a salary supplement under Subsections (3)(b)
110     and (c) may only receive the salary supplement that is greater in value.
111          (4) The board shall:
112          (a) create an online application system for a teacher to apply to receive a salary
113     supplement through the Teacher Salary Supplement Program;
114          (b) determine if a teacher:
115          (i) (A) is an eligible teacher; and
116          (B) has a course assignment as listed in Subsections (1)(c)(i)(A) through [(E)] (F);
117          (ii) is a certificate teacher; or
118          (iii) is a Title I school certificate teacher;
119          (c) verify, as needed, the determinations made under Subsection (4)(b) with school
120     district and school administrators; and
121          (d) certify a list of eligible teachers, certificate teachers, and Title I school certificate
122     teachers .
123          (5) (a) An eligible teacher, a certificate teacher, or a Title I school certificate teacher
124     shall apply with the board before the conclusion of a school year to receive the salary
125     supplement authorized in this section.
126          (b) An eligible teacher, a certificate teacher, or a Title I school certificate teacher may
127     apply with the board, after verification that the requirements under this section have been
128     satisfied, to receive a salary supplement after the completion of:
129          (i) the school year as an annual award; or
130          (ii) a semester or trimester as a partial award based on the portion of the school year
131     that has been completed.
132          (6) (a) The board shall establish and administer an appeal process for a teacher to
133     follow if the teacher applies for [the] a salary supplement and [is not certified under Subsection
134     (4)] does not receive a salary supplement under Subsection (8).
135          (b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
136     appeal eligibility as an eligible teacher on the basis that the teacher has a degree or degree
137     major with course requirements that are substantially equivalent to the course requirements for
138     a degree [listed] described in:
139          (A) Subsection (1)[(e)](h)(i)(A);
140          [(B) Subsections (1)(e)(ii)(A) through (E); or]
141          [(C) Subsections (1)(e)(iii)(A) and (B).]
142          (B) Subsection (1)(h)(ii)(A);
143          (C) Subsection (1)(h)(iii)(A); or
144          (D) Subsection (1)(h)(iv).
145          (ii) A teacher shall provide transcripts and other documentation to the board in order
146     for the board to determine if the teacher has a degree or degree major with course requirements
147     that are substantially equivalent to the course requirements for a degree listed in:
148          (A) Subsection (1)[(e)](h)(i)(A);
149          [(B) Subsections (1)(e)(ii)(A) through (E); or]
150          [(C) Subsections (1)(e)(iii)(A) and (B).]
151          (B) Subsection (1)(h)(ii)(A);
152          (C) Subsection (1)(h)(iii)(A); or
153          (D) Subsection (1)(h)(iv).
154          (c) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
155     appeal eligibility as a certificate teacher on the basis that the teacher holds a current certificate.
156          (ii) A teacher shall provide to the board a certificate or other related documentation in
157     order for the board to determine if the teacher holds a current certificate.
158          (d) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
159     appeal eligibility as a Title I school certificate teacher on the basis that the teacher:
160          (A) holds a current certificate; and
161          (B) is assigned to teach at a Title I school.
162          (ii) A teacher shall provide to the board:
163          (A) information described in Subsection (6)(c)(ii); and
164          (B) verification that the teacher is assigned to teach at a Title I school.
165          (7) (a) The board shall distribute money appropriated to the Teacher Salary
166     Supplement Program to school districts and charter schools for the Teacher Salary Supplement
167     Program in accordance with the provisions of this section.
168          (b) The board shall include the employer-paid benefits described under Subsection
169     (2)(b) in the amount of each salary supplement .
170          (c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
171     salary supplement limits described under Subsection (3).
172          (8) (a) Money received from the Teacher Salary Supplement Program shall be used by
173     a school district or charter school to provide a salary supplement equal to the amount specified
174     in Subsection (3) for each eligible teacher, certificate teacher, or Title I school certificate
175     teacher.
176          (b) The salary supplement is part of the teacher's base pay, subject to the teacher's
177     qualification as an eligible teacher, a certificate teacher, or a Title I school certificate teacher
178     every year, semester, or trimester.
179          (9) Notwithstanding the provisions of this section, if the appropriation for the program
180     is insufficient to cover the costs associated with salary supplements, the board [may limit or
181     reduce the salary supplements] shall distribute the funds in the Teacher Salary Supplement
182     Program on a pro rata basis.
183          Section 2. Effective date.
184          This bill takes effect on July 1, 2018.