Representative Kay J. Christofferson proposes the following substitute bill:


1     
TEACHER SALARY SUPPLEMENT AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kay J. Christofferson

5     
Senate Sponsor: Deidre M. Henderson

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the Teacher Salary Supplement Program.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions related to an individual's eligibility for a teacher salary
13     supplement; and
14          ▸     makes technical and conforming changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          This bill provides a special effective date.
19     Utah Code Sections Affected:
20     AMENDS:
21          53F-2-504, as last amended by Laws of Utah 2018, Chapter 212 and renumbered and
22     amended by Laws of Utah 2018, Chapter 2
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 53F-2-504 is amended to read:
26          53F-2-504. Teacher Salary Supplement Program.
27          (1) As used in this section:
28          (a) "Board" means the State Board of Education.
29          (b) "Certificate teacher" means a teacher who holds a National Board certification.
30          [(c) "Eligible teacher" means a teacher who:]
31          [(i) has an assignment to teach:]
32          [(A) a secondary school level mathematics course;]
33          [(B) integrated science in grade 7 or 8;]
34          [(C) chemistry;]
35          [(D) physics;]
36          [(E) computer science; or]
37          [(F) special education;]
38          [(ii) holds the appropriate endorsement for the assigned course;]
39          [(iii) has qualifying educational background; and]
40          [(iv) (A) is a new employee; or]
41          [(B) received a satisfactory rating or above on the teacher's most recent evaluation.]
42          (c) "Eligible teacher" means a teacher who:
43          (i) has a qualifying educational background or qualifying teaching background;
44          (ii) has a supplement-approved assignment that corresponds to the teacher's qualifying
45     educational background or qualifying teaching background;
46          (iii) qualifies for the teacher's supplement-approved assignment in accordance with
47     state board rule; and
48          (iv) is a new employee or received at least a satisfactory rating on the teacher's most
49     recent evaluation.
50          (d) "Field of computer science" means:
51          (i) computer science; or
52          (ii) computer information technology.
53          (e) "Field of science" means:
54          (i) integrated science;
55          (ii) chemistry;
56          (iii) physics;
57          (iv) physical science; or
58          (v) general science.     
59          (f) "License" means the same as that term is defined in Section 53E-6-102.
60          (g) "National Board certification" means the same as that term is defined in Section
61     53E-6-102.
62          (h) "Qualifying educational background" means:
63          (i) for a teacher who is assigned a secondary school level mathematics course:
64          (A) a bachelor's degree major, master's degree, or doctoral degree in mathematics; or
65          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
66     requirements that are substantially equivalent to the course requirements for a bachelor's degree
67     major, master's degree, or doctoral degree in mathematics;
68          (ii) for a teacher who is assigned a grade 7 or 8 integrated science course, chemistry
69     course, or physics course:
70          (A) a bachelor's degree major, master's degree, or doctoral degree in a field of science;
71     or
72          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
73     requirements that are substantially equivalent to the course requirements of those required for a
74     [degree described in Subsection (1)(h)(ii)(A)] bachelor's degree major, master's degree, or
75     doctoral degree in a field of science;
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          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
80     requirements that are substantially equivalent to the course requirements of those required for a
81     [degree described in Subsection (1)(h)(iii)(A)] bachelor's degree major, master's degree, or
82     doctoral degree in a field of computer science; or
83          (iv) for a teacher who is assigned to teach special education, a bachelor's degree major,
84     master's degree, or doctoral degree in special education.     
85          (i) "Title I school" means a school that receives funds under the Elementary and
86     Secondary Education Act of 1965, Title I, 20 U.S.C. Sec. 6301 et seq.
87          (j) "Qualifying teaching background" means the teacher has been teaching the same
88     supplement-approved assignment in Utah public schools for at least 10 years.
89          (k) "Supplement-approved assignment" means an assignment to teach:
90          (i) a secondary school level mathematics course;
91          (ii) integrated science in grade 7 or 8;
92          (iii) chemistry;
93          (iv) physics;
94          (v) computer science; or
95          (vi) special education.
96          [(j)] (l) "Title I school certificate teacher" means a certificate teacher who is assigned
97     to teach at a Title I school.
98          (2) (a) Subject to future budget constraints, the Legislature shall:
99          (i) annually appropriate money to the Teacher Salary Supplement Program to maintain
100     annual salary supplements provided in previous years; and
101          (ii) provide salary supplements to new recipients.
102          (b) Money appropriated for the Teacher Salary Supplement Program shall include
103     money for the following employer-paid benefits:
104          (i) retirement;
105          (ii) workers' compensation;
106          (iii) Social Security; and
107          (iv) Medicare.
108          (3) (a) (i) The annual salary supplement for an eligible teacher who is assigned
109     full-time to [teach one or more courses listed in Subsections (1)(c)(i)(A) through (F)] a
110     supplement-approved assignment is $4,100 and funded through an appropriation described in
111     Subsection (2).
112          (ii) An eligible teacher who [has a part-time assignment to teach one or more courses
113     listed in Subsections (1)(c)(i)(A) through (F)] is assigned part-time to a supplement-approved
114     assignment shall receive a partial salary supplement based on the number of hours worked in
115     the [course] supplement-approved assignment.
116          (b) The annual salary supplement for a certificate teacher is $750.
117          (c) (i) The annual salary supplement for a Title I school certificate teacher is $1,500.
118          (ii) A certificate teacher who qualifies for a salary supplement under Subsections (3)(b)
119     and (c) may only receive the salary supplement that is greater in value.
120          (4) The board shall:
121          (a) create an online application system for a teacher to apply to receive a salary
122     supplement through the Teacher Salary Supplement Program;
123          (b) determine if a teacher is:
124          (i) [(A) is] an eligible teacher; [and]
125          [(B) has a course assignment as listed in Subsections (1)(c)(i)(A) through (F);]
126          (ii) [is] a certificate teacher; or
127          (iii) [is] a Title I school certificate teacher;
128          (c) verify, as needed, the determinations made under Subsection (4)(b) with school
129     district and school administrators; and
130          (d) certify a list of eligible teachers, certificate teachers, and Title I school certificate
131     teachers .
132          (5) (a) An eligible teacher, a certificate teacher, or a Title I school certificate teacher
133     shall apply with the board before the conclusion of a school year to receive the salary
134     supplement authorized in this section.
135          (b) An eligible teacher, a certificate teacher, or a Title I school certificate teacher may
136     apply with the board, after verification that the requirements under this section have been
137     satisfied, to receive a salary supplement after the completion of:
138          (i) the school year as an annual award; or
139          (ii) a semester or trimester as a partial award based on the portion of the school year
140     that has been completed.
141          (6) (a) The board shall establish and administer an appeal process for a teacher to
142     follow if the teacher applies for a salary supplement and does not receive a salary supplement
143     under Subsection (8).
144          (b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
145     appeal eligibility as an eligible teacher with a qualifying educational background on the basis
146     that the teacher has a degree or degree major with course requirements that are substantially
147     equivalent to [the course requirements for a degree described in:] the qualifying educational
148     background associated with the teacher's supplement-approved assignment.
149          [(A) Subsection (1)(h)(i)(A);]
150          [(B) Subsection (1)(h)(ii)(A);]
151          [(C) Subsection (1)(h)(iii)(A); or]
152          [(D) Subsection (1)(h)(iv).]
153          (ii) A teacher shall provide transcripts and other documentation to the board in order
154     for the board to determine if the teacher has a degree or degree major with course requirements
155     that are substantially equivalent to [the course requirements for a degree listed in:] the
156     qualifying educational background associated with the teacher's supplement-approved
157     assignment.
158          [(A) Subsection (1)(h)(i)(A);]
159          [(B) Subsection (1)(h)(ii)(A);]
160          [(C) Subsection (1)(h)(iii)(A); or]
161          [(D) Subsection (1)(h)(iv).]
162          (c) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
163     appeal eligibility as a certificate teacher on the basis that the teacher holds a current certificate.
164          (ii) A teacher shall provide to the board a certificate or other related documentation in
165     order for the board to determine if the teacher holds a current certificate.
166          (d) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
167     appeal eligibility as a Title I school certificate teacher on the basis that the teacher:
168          (A) holds a current certificate; and
169          (B) is assigned to teach at a Title I school.
170          (ii) A teacher shall provide to the board:
171          (A) information described in Subsection (6)(c)(ii); and
172          (B) verification that the teacher is assigned to teach at a Title I school.
173          (e) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
174     appeal eligibility as an eligible teacher with a qualifying teaching background on the basis that
175     the teacher has a qualifying teaching background.
176          (ii) The teacher shall provide to the board evidence to verify that the teacher has a
177     qualifying teaching background.
178          (7) (a) The board shall distribute money appropriated to the Teacher Salary
179     Supplement Program to school districts and charter schools for the Teacher Salary Supplement
180     Program in accordance with the provisions of this section.
181          (b) The board shall include the employer-paid benefits described under Subsection
182     (2)(b) in the amount of each salary supplement.
183          (c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
184     salary supplement limits described under Subsection (3).
185          (8) (a) Money received from the Teacher Salary Supplement Program shall be used by
186     a school district or charter school to provide a salary supplement equal to the amount specified
187     in Subsection (3) for each eligible teacher, certificate teacher, or Title I school certificate
188     teacher.
189          (b) The salary supplement is part of the teacher's base pay, subject to the teacher's
190     qualification as an eligible teacher, a certificate teacher, or a Title I school certificate teacher
191     every year, semester, or trimester.
192          (9) Notwithstanding the provisions of this section, if the appropriation for the program
193     is insufficient to cover the costs associated with salary supplements, the board shall distribute
194     the funds in the Teacher Salary Supplement Program on a pro rata basis.
195          Section 2. Effective date.
196          This bill takes effect on July 1, 2019.