Representative Mike Winder proposes the following substitute bill:


1     
EFFECTIVE TEACHERS IN HIGH POVERTY SCHOOLS

2     
INCENTIVE PROGRAM AMENDMENTS

3     
2020 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Mike Winder

6     
Senate Sponsor: Lyle W. Hillyard

7     

8     LONG TITLE
9     General Description:
10          This bill amends the Effective Teachers in High Poverty Schools Incentive Program.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends the definition of eligible teacher to allow teachers of kindergarten through
14     grade 3 to become eligible for the Effective Teachers in High Poverty Schools
15     Incentive Program;
16          ▸     increases the amount of the annual salary bonus; and
17          ▸     guarantees the portion of the annual salary bonus paid to an eligible teacher by the
18     state board.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          53F-2-513, as last amended by Laws of Utah 2019, Chapter 186

26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 53F-2-513 is amended to read:
29          53F-2-513. Effective Teachers in High Poverty Schools Incentive Program --
30     Salary bonus -- Evaluation.
31          (1) As used in this section:
32          (a) "Cohort" means a group of students, defined by the year in which the group enters
33     grade 1.
34          (b) "Eligible teacher" means a teacher who:
35          (i) is employed as a teacher in a high poverty school at the time the teacher is
36     considered by the state board for a salary bonus; and
37          [(ii) achieves a median growth percentile of 70 or higher:]
38          [(A) a full school year before the school year the eligible teacher is being considered by
39     the state board for a salary bonus under this section, regardless of whether the teacher was
40     employed the previous school year by a high poverty school or a different public school; and]
41          (ii) a full school year before the school year the eligible teacher is being considered by
42     the state board for a salary bonus under this section, regardless of whether the teacher was
43     employed the previous year by a high poverty school or a different public school, either:
44          [(B)] (A) achieves a median growth percentile of 70 or higher while teaching at any
45     public school in the state a course for which a standards assessment is administered as
46     described in Section 53E-4-303[.]; or
47          (B) teaches kindergarten or grade 1, 2, or 3, and achieves at least 85% of students
48     whose progress is assessed as typical or better at the end of the year assessment while teaching
49     at any public school in the state at which a benchmark assessment is administered as described
50     in Section 53F-2-503.
51          (c) "High poverty school" means a public school:
52          (i) in which:
53          (A) more than 20% of the enrolled students are classified as children affected by
54     intergenerational poverty; or
55          (B) 70% or more of the enrolled students qualify for free or reduced lunch; or
56          (ii) (A) that has previously met the criteria described in Subsection (1)(c)(i)(A) and for

57     each school year since meeting that criteria at least 15% of the enrolled students at the public
58     school have been classified as children affected by intergenerational poverty; or
59          (B) that has previously met the criteria described in Subsection (1)(c)(i)(B) and for
60     each school year since meeting that criteria at least 60% of the enrolled students at the public
61     school have qualified for free or reduced lunch.
62          (d) "Intergenerational poverty" means the same as that term is defined in Section
63     35A-9-102.
64          (e) "Median growth percentile" means a number that describes the comparative
65     effectiveness of a teacher in helping the teacher's students achieve growth in a year by
66     identifying the median student growth percentile of all the students a teacher instructs.
67          (f) "Program" means the Effective Teachers in High Poverty Schools Incentive
68     Program created in Subsection (2).
69          (g) "Student growth percentile" is a number that describes where a student ranks in
70     comparison to the student's cohort.
71          (2) (a) The Effective Teachers in High Poverty Schools Incentive Program is created to
72     provide an annual salary bonus for an eligible teacher.
73          (b) The state board shall make rules for:
74          (i) the administration of the program;
75          (ii) payment of a salary bonus; and
76          (iii) application requirements.
77          (c) The state board shall make an annual salary bonus payment in a fiscal year that
78     begins on July 1, 2017, and each fiscal year thereafter in which money is appropriated for the
79     program.
80          (3) (a) Subject to future budget constraints, the Legislature shall annually appropriate
81     money to fund the program.
82          (b) Money appropriated for the program shall include money for the following
83     employer-paid benefits:
84          (i) social security; and
85          (ii) Medicare.
86          (4) (a) (i) A charter school or school district school shall annually apply to the state
87     board on behalf of an eligible teacher for an eligible teacher to receive an annual salary bonus

88     each year that the teacher is an eligible teacher.
89          (ii) A teacher need not be an eligible teacher in consecutive years to receive the
90     increased annual salary bonus described in Subsection (4)(b).
91          (b) The annual salary bonus for an eligible teacher is [$5,000] $7,000.
92          (c) A public school that applies on behalf of an eligible teacher under Subsection
93     (4)(a)(i) shall pay half of the salary bonus described in Subsection (4)(b) each year the eligible
94     teacher is awarded the salary bonus.
95          (d) The state board shall award a salary bonus to an eligible teacher based on the order
96     that an application from a public school on behalf of the eligible teacher is received.
97          (5) The state board shall:
98          (a) determine if a teacher is an eligible teacher; and
99          (b) verify, as needed, the determinations made under Subsection (5)(a) with the school
100     district and school district administrators.
101          (6) The state board shall:
102          (a) distribute money from the program to school districts and charter schools in
103     accordance with this section and state board rule; and
104          (b) include the employer-paid benefits described in Subsection (3)(b) in addition to the
105     salary bonus amount described in Subsection (4)(b).
106          (7) Money received from the program shall be used by a school district or charter
107     school to provide an annual salary bonus equal to the amount specified in Subsection (4)(b) for
108     each eligible teacher and to pay affiliated employer-paid benefits described in Subsection
109     (3)(b).
110          (8) (a) After the third year salary bonus payments are made, and each succeeding year,
111     the state board shall evaluate the extent to which a salary bonus described in this section
112     improves recruitment and retention of effective teachers in high poverty schools by at least:
113          (i) surveying teachers who receive the salary bonus; and
114          (ii) examining turnover rates of teachers who receive the salary bonus compared to
115     teachers who do not receive the salary bonus.
116          (b) Each year that the state board conducts an evaluation described in Subsection
117     (8)(a), the state board shall, in accordance with Section 68-3-14, submit a report on the results
118     of the evaluation to the Education Interim Committee on or before November 30.

119          (9) A public school shall annually notify a teacher:
120          (a) of the teacher's median growth percentile; and
121          (b) how the teacher's median growth percentile is calculated.
122          (10) Notwithstanding this section, if the appropriation for the program is insufficient to
123     cover the costs associated with salary bonuses, the state board may limit or reduce a salary
124     bonus.