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NATIONAL CERTIFICATION TEACHER INCENTIVE

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AMENDMENTS

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2019 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Karen Mayne

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House Sponsor: Carol Spackman Moss

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8     LONG TITLE
9     General Description:
10          This bill amends and enacts provisions related to National Board certification for
11     teachers.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     moves provisions related to a salary supplement for a teacher who holds a National
16     Board certification from the Teacher Salary Supplement Program to a new program;
17          ▸     increases the amount of a salary supplement for:
18               •     a teacher who holds a National Board certification; and
19               •     a teacher who holds a National Board certification and teaches in a Title I
20     school;
21          ▸     discontinues a reimbursement for an educator who holds a National Board
22     certification;
23          ▸     enacts provisions permitting the State Board of Education to pay for an educator to
24     receive or renew a National Board certification; and
25          ▸     makes technical and conforming changes.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          This bill provides a special effective date.
30     Utah Code Sections Affected:
31     AMENDS:
32          53F-2-504, as last amended by Laws of Utah 2018, Chapter 212 and renumbered and
33     amended by Laws of Utah 2018, Chapter 2
34          53F-5-202, as renumbered and amended by Laws of Utah 2018, Chapter 2
35     ENACTS:
36          53F-2-520, Utah Code Annotated 1953
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 53F-2-504 is amended to read:
40          53F-2-504. Teacher Salary Supplement Program -- Appeal process.
41          (1) As used in this section:
42          (a) "Board" means the State Board of Education.
43          [(b) "Certificate teacher" means a teacher who holds a National Board certification.]
44          [(c)] (b) "Eligible teacher" means a teacher who:
45          (i) has an assignment to teach:
46          (A) a secondary school level mathematics course;
47          (B) integrated science in grade 7 or 8;
48          (C) chemistry;
49          (D) physics;
50          (E) computer science; or
51          (F) special education;
52          (ii) holds the appropriate endorsement for the assigned course;
53          (iii) has qualifying educational background; and
54          (iv) (A) is a new employee; or
55          (B) received a satisfactory rating or above on the teacher's most recent evaluation.
56          [(d)] (c) "Field of computer science" means:
57          (i) computer science; or
58          (ii) computer information technology.
59          [(e)] (d) "Field of science" means:
60          (i) integrated science;
61          (ii) chemistry;
62          (iii) physics;
63          (iv) physical science; or
64          (v) general science.
65          [(f)] (e) "License" means the same as that term is defined in Section 53E-6-102.
66          [(g) "National Board certification" means the same as that term is defined in Section
67     53E-6-102.]
68          [(h)] (f) "Qualifying educational background" means:
69          (i) for a teacher who is assigned a secondary school level mathematics course:
70          (A) a bachelor's degree major, master's degree, or doctoral degree in mathematics; or
71          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
72     requirements that are substantially equivalent to the course requirements for a bachelor's degree
73     major, master's degree, or doctoral degree in mathematics;
74          (ii) for a teacher who is assigned a grade 7 or 8 integrated science course, chemistry
75     course, or physics course:
76          (A) a bachelor's degree major, master's degree, or doctoral degree in a field of science;
77     or
78          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
79     requirements that are substantially equivalent to the course requirements of those required for a
80     degree described in Subsection (1)[(h)](f)(ii)(A);
81          (iii) for a teacher who is assigned a computer science course:
82          (A) a bachelor's degree major, master's degree, or doctoral degree in a field of
83     computer science; or
84          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
85     requirements that are substantially equivalent to the course requirements of those required for a
86     degree described in Subsection (1)[(h)](f)(iii)(A); or
87          (iv) for a teacher who is assigned to teach special education, a bachelor's degree major,
88     master's degree, or doctoral degree in special education.
89          [(i) "Title I school" means a school that receives funds under the Elementary and
90     Secondary Education Act of 1965, Title I, 20 U.S.C. Sec. 6301 et seq.]
91          [(j) "Title I school certificate teacher" means a certificate teacher who is assigned to
92     teach at a Title I school.]
93          (2) (a) Subject to future budget constraints, the Legislature shall:
94          (i) annually appropriate money to the Teacher Salary Supplement Program to maintain
95     annual salary supplements for eligible teachers provided in previous years; and
96          (ii) provide salary supplements to new recipients.
97          (b) Money appropriated for the Teacher Salary Supplement Program shall include
98     money for the following employer-paid benefits:
99          (i) retirement;
100          (ii) workers' compensation;
101          (iii) Social Security; and
102          (iv) Medicare.
103          (3) (a) [(i)] The annual salary supplement for an eligible teacher who is assigned full
104     time to teach one or more courses listed in Subsections (1)[(c)](b)(i)(A) through (F) is $4,100
105     and funded through an appropriation described in Subsection (2).
106          [(ii)] (b) An eligible teacher who has a part-time assignment to teach one or more
107     courses listed in Subsections (1)[(c)](b)(i)(A) through (F) shall receive a partial salary
108     supplement based on the number of hours worked in the course assignment.
109          [(b) The annual salary supplement for a certificate teacher is $750.]
110          [(c) (i) The annual salary supplement for a Title I school certificate teacher is $1,500.]
111          [(ii) A certificate teacher who qualifies for a salary supplement under Subsections
112     (3)(b) and (c) may only receive the salary supplement that is greater in value.]
113          (4) The board shall:
114          (a) create an online application system for a teacher to apply to receive a salary
115     supplement through the Teacher Salary Supplement Program;
116          (b) determine if a teacher:
117          (i) [(A)] is an eligible teacher; and
118          [(B)] (ii) has a course assignment as listed in Subsections (1)[(c)](b)(i)(A) through (F);
119          [(ii) is a certificate teacher; or]
120          [(iii) is a Title I school certificate teacher;]
121          (c) verify, as needed, the determinations made under Subsection (4)(b) with school
122     district and school administrators; and
123          (d) certify a list of eligible teachers[, certificate teachers, and Title I school certificate
124     teachers] .
125          (5) (a) An eligible teacher[, a certificate teacher, or a Title I school certificate teacher]
126     shall apply [with] to the board before the conclusion of a school year to receive the salary
127     supplement authorized in this section.
128          (b) An eligible teacher[, a certificate teacher, or a Title I school certificate teacher] may
129     apply [with] to the board, after verification that the requirements under this section have been
130     satisfied, to receive a salary supplement after the completion of:
131          (i) the school year as an annual award; or
132          (ii) a semester or trimester as a partial award based on the portion of the school year
133     that has been completed.
134          (6) (a) The board shall establish and administer an appeal process for a teacher to
135     follow if the teacher applies for a salary supplement and does not receive a salary supplement
136     under Subsection (8).
137          (b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
138     appeal eligibility as an eligible teacher on the basis that the teacher has a degree or degree
139     major with course requirements that are substantially equivalent to the course requirements for
140     a degree described in:
141          (A) Subsection (1)[(h)](f)(i)(A);
142          (B) Subsection (1)[(h)](f)(ii)(A);
143          (C) Subsection (1)[(h)](f)(iii)(A); or
144          (D) Subsection (1)[(h)](f)(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)[(h)](f)(i)(A);
149          (B) Subsection (1)[(h)](f)(ii)(A);
150          (C) Subsection (1)[(h)](f)(iii)(A); or
151          (D) Subsection (1)[(h)](f)(iv).
152          [(c) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
153     appeal eligibility as a certificate teacher on the basis that the teacher holds a current certificate.]
154          [(ii) A teacher shall provide to the board a certificate or other related documentation in
155     order for the board to determine if the teacher holds a current certificate.]
156          [(d) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
157     appeal eligibility as a Title I school certificate teacher on the basis that the teacher:]
158          [(A) holds a current certificate; and]
159          [(B) is assigned to teach at a Title I school.]
160          [(ii) A teacher shall provide to the board:]
161          [(A) information described in Subsection (6)(c)(ii); and]
162          [(B) verification that the teacher is assigned to teach at a Title I school.]
163          (7) (a) The board shall distribute money appropriated to the Teacher Salary
164     Supplement Program to school districts and charter schools for the Teacher Salary Supplement
165     Program in accordance with the provisions of this section.
166          (b) The board shall include the employer-paid benefits described under Subsection
167     (2)(b) in the amount of each salary supplement .
168          (c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
169     salary supplement limits described under Subsection (3).
170          (8) (a) Money received from the Teacher Salary Supplement Program shall be used by
171     a school district or charter school to provide a salary supplement equal to the amount specified
172     in Subsection (3) for each eligible teacher[, certificate teacher, or Title I school certificate
173     teacher].
174          (b) The salary supplement is part of [the] an eligible teacher's base pay, subject to the
175     eligible teacher's qualification as an eligible teacher, [a certificate teacher, or a Title I school
176     certificate teacher] every year, semester, or trimester.
177          (9) Notwithstanding the provisions of this section, if the appropriation for the program
178     is insufficient to cover the costs associated with salary supplements, the board shall distribute
179     the funds in the Teacher Salary Supplement Program on a pro rata basis.
180          Section 2. Section 53F-2-520 is enacted to read:
181          53F-2-520. Salary supplement for National Board certified teachers.
182          (1) As used in this section:
183          (a) "National Board certification" means the same as that term is defined in Section
184     53E-6-102.
185          (b) "National Board-certified teacher" or "board-certified teacher" means a teacher
186     who:
187          (i) holds a National Board certification; and
188          (ii) has an assignment to teach in an LEA.
189          (c) "Salary supplement" means a salary supplement for a board-certified or Title I
190     school board-certified teacher described in this section.
191          (d) "Title I school" means a school that receives funds under Title I of the Elementary
192     and Secondary Education Act of 1965, 20 U.S.C. Sec. 6301 et seq.
193          (e) "Title I school board-certified teacher" means a board-certified teacher who is
194     assigned to teach at a Title I school.
195          (2) (a) Subject to future budget constraints, the Legislature shall:
196          (i) annually appropriate money to maintain annual salary supplements provided in
197     previous years; and
198          (ii) provide salary supplements to new recipients.
199          (b) Money appropriated for salary supplements shall include money for the following
200     employer-paid benefits:
201          (i) retirement;
202          (ii) workers' compensation;
203          (iii) Social Security; and
204          (iv) Medicare.
205          (3) (a) The annual salary supplement for a board-certified teacher is $1,000.
206          (b) The annual salary supplement for a Title I school board-certified teacher is $2,000.
207          (c) A board-certified teacher who qualifies for a salary supplement under Subsections
208     (3)(a) and (b) may only receive the salary supplement that is greater in value.
209          (d) The employer paid benefits described in Subsection (2)(b) are in addition to an
210     amount described in Subsection (3).
211          (4) The state board shall:
212          (a) create an online application system for a teacher to apply to receive a salary
213     supplement;
214          (b) establish a deadline by which a teacher is required to apply in order to receive a
215     salary supplement;
216          (c) determine whether a teacher who applies for a salary supplement is a
217     board-certified teacher or a Title I school board-certified teacher;
218          (d) verify, as needed, a determination made under Subsection (4)(c) with LEA or
219     school administrators; and
220          (e) certify a list of board-certified teachers and Title I school board-certified teachers.
221          (5) To receive a salary supplement, a board-certified teacher or a Title I school
222     board-certified teacher shall apply to the state board before the deadline described in
223     Subsection (4)(b).
224          (6) The state board shall establish and administer an appeal process for a teacher who
225     applies for but does not receive a salary supplement that allows the teacher to appeal eligibility
226     by providing evidence to the state board:
227          (a) of the teacher's National Board certification; or
228          (b) (i) of the teacher's National Board certification; and
229          (ii) that the teacher is assigned to teach in a Title I school.
230          (7) The state board shall:
231          (a) distribute money appropriated for salary supplements to LEAs in accordance with
232     the provisions of this section; and
233          (b) include the cost of employer-paid benefits described in Subsection (2)(b) in the
234     amount distributed to an LEA for each salary supplement.
235          (8) (a) An LEA shall use money received under this section to provide a salary
236     supplement to each board-certified teacher and Title I school board-certified teacher in an
237     amount equal to the amount described in Subsection (3).
238          (b) A salary supplement is part of a teacher's base pay, subject to the teacher's
239     qualification as a board-certified teacher or Title I school board-certified teacher every year,
240     semester, or trimester.
241          (9) Notwithstanding the provisions of this section, if an annual appropriation for salary
242     supplements is not sufficient to cover the costs associated with salary supplements, the state
243     board shall distribute the funds on a pro rata basis.
244          Section 3. Section 53F-5-202 is amended to read:
245          53F-5-202. National Board certification reimbursement.
246          (1) (a) The terms defined in Section 53E-6-102 apply to this section.
247          (b) As used in this section:
248          (i) "Eligible educator" means an educator who[: (A) holds a current National Board
249     certification; and (B)] is employed as an educator by an LEA.
250          (ii) "Local education agency" or "LEA" means:
251          (A) a school district;
252          (B) a charter school; or
253          (C) the Utah Schools for the Deaf and the Blind.
254          (2) (a) Subject to legislative appropriations and Subsection (2)(b), the board shall
255     reimburse an eligible educator for [the cost] a cost incurred by the eligible educator to attain or
256     renew a National Board certification.
257          (b) The board may only issue a reimbursement under Subsection (2)(a) for:
258          (i) a National Board certification attained or renewed after July 1, 2016[.], and before
259     July 1, 2019; or
260          (ii) a cost incurred by an eligible teacher to attain or renew a National Board
261     certification after July 1, 2016, and before July 1, 2019.
262          [(3) The board shall reimburse an eligible educator under this section on a first come,
263     first served basis.]
264          (3) Subject to legislative appropriations, and in accordance with this section, beginning
265     July 1, 2019, the state board may pay up to the total cost:
266          (a) for an eligible educator who does not have a National Board certification to pursue
267     a National Board certification; or
268          (b) for an eligible educator who has a National Board certification, to renew the
269     National Board certification.
270          (4) An eligible educator who does not have a National Board certification and intends
271     for the state board to pay for the eligible educator to pursue a National Board certification shall:
272          (a) submit to the state board:
273          (i) an application;
274          (ii) a letter of recommendation from the principal of the eligible educator's school; and
275          (iii) a plan for completing the requirements for a National Board certification within
276     three years of the state board approving the eligible educator's application; and
277          (b) pay a registration fee directly to the organization that administers National Board
278     certification.
279          (5) An eligible educator who intends for the state board to pay to renew the eligible
280     educator's National Board certification shall submit an application to the board.
281          (6) The state board may not:
282          (a) pay for an eligible educator to attempt to earn National Board certification over a
283     period of longer than three years; or
284          (b) pay for an individual to attempt National Board certification or a component of
285     National Board certification more than once.
286          [(4)] (7) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
287     Administrative Rulemaking Act, specifying procedures and timelines for:
288          (a) reimbursing costs under Subsection (2)[.]; and
289          (b) paying costs for an eligible educator to pursue or renew a National Board
290     certification under Subsection (3).
291          Section 4. Effective date.
292          This bill takes effect July 1, 2019.