1     
EDUCATOR SALARY INCENTIVE PROGRAM AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Val K. Potter

5     
Senate Sponsor: Lyle W. Hillyard

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions regarding educator salaries and incentives.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     provides for the inclusion of social workers licensed by the Division of
14     Occupational and Professional Licensing in certain education funding formulas and
15     programs;
16          ▸     makes discretionary a requirement that the State Board of Education distribute
17     funds under the Teacher Salary Supplement Program on a pro rata basis under
18     certain circumstances; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          53F-2-305, as last amended by Laws of Utah 2019, Chapter 186
27          53F-2-405, as last amended by Laws of Utah 2019, Chapter 186

28          53F-2-504, as last amended by Laws of Utah 2019, Chapters 134, 186, and 283
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 53F-2-305 is amended to read:
32          53F-2-305. Professional staff weighted pupil units.
33          (1) Professional staff weighted pupil units are computed and distributed in accordance
34     with the following schedule:
35          (a) Professional Staff Cost Formula
36     
Years of
Experience

Bachelor's
Degree

Bachelor's
+30 Qt. Hr.

Master's
Degree
Master's
Degree
+45 Qt. Hr.


Doctorate
37      11.001.051.101.151.20
38      21.051.101.151.201.25
39      31.101.151.201.251.30
40      41.151.201.251.301.35
41      51.201.251.301.351.40
42      61.251.301.351.401.45
43      71.301.351.401.451.50
44      81.351.401.451.501.55
45      91.501.551.60
46      101.601.65
47      111.70
48          (b) Multiply the number of full-time or equivalent professional personnel in each
49     applicable experience category in Subsection (1)(a) by the applicable weighting factor.
50          (c) Divide the total of Subsection (1)(b) by the number of professional personnel
51     included in Subsection (1)(b) and reduce the quotient by 1.00.
52          (d) Multiply the result of Subsection (1)(c) by 1/4 of the weighted pupil units computed
53     in accordance with Sections 53F-2-302 and 53F-2-304.
54          (2) The state board shall enact rules that require a certain percentage of a school
55     district's or charter school's professional staff to be certified in the area in which the staff

56     teaches in order for the school district or charter school to receive full funding under the
57     schedule.
58          (3) If an individual's teaching experience is a factor in negotiating a contract of
59     employment to teach in the state's public schools, then the LEA governing board is encouraged
60     to accept as credited experience all of the years the individual has taught in the state's public
61     schools.
62          (4) The professional personnel described in Subsection (1) shall include an individual
63     employed by a school district, charter school, or the Utah Schools for the Deaf and the Blind
64     who holds:
65          (a) a license in the field of social work issued by the Division of Occupational and
66     Professional Licensing; and
67          (b) a position as a social worker.
68          Section 2. Section 53F-2-405 is amended to read:
69          53F-2-405. Educator salary adjustments.
70          (1) As used in this section, "educator" means a person employed by a school district,
71     charter school, or the Utah Schools for the Deaf and the Blind who holds:
72          (a) (i) a license issued by the state board; and
73          [(b)] (ii) a position as a:
74          [(i)] (A) classroom teacher;
75          [(ii)] (B) speech pathologist;
76          [(iii)] (C) librarian or media specialist;
77          [(iv)] (D) preschool teacher;
78          [(v)] (E) mentor teacher;
79          [(vi)] (F) teacher specialist or teacher leader;
80          [(vii)] (G) guidance counselor;
81          [(viii)] (H) audiologist;
82          [(ix)] (I) psychologist; or
83          [(x)] (J) social worker[.]; or
84          (b) (i) a license issued by the Division of Occupational and Professional Licensing; and
85          (ii) a position as a social worker.
86          (2) In recognition of the need to attract and retain highly skilled and dedicated

87     educators, the Legislature shall annually appropriate money for educator salary adjustments,
88     subject to future budget constraints.
89          (3) Money appropriated to the state board for educator salary adjustments shall be
90     distributed to school districts, charter schools, and the Utah Schools for the Deaf and the Blind
91     in proportion to the number of full-time-equivalent educator positions in a school district, a
92     charter school, or the Utah Schools for the Deaf and the Blind as compared to the total number
93     of full-time-equivalent educator positions in school districts, charter schools, and the Utah
94     Schools for the Deaf and the Blind.
95          (4) A school district, a charter school, or the Utah Schools for the Deaf and the Blind
96     shall award bonuses to educators as follows:
97          (a) the amount of the salary adjustment shall be the same for each full-time-equivalent
98     educator position in the school district, charter school, or the Utah Schools for the Deaf and the
99     Blind;
100          (b) an individual who is not a full-time educator shall receive a partial salary
101     adjustment based on the number of hours the individual works as an educator; and
102          (c) a salary adjustment may be awarded only to an educator who has received a
103     satisfactory rating or above on the educator's most recent evaluation.
104          (5) The state board may make rules as necessary to administer this section.
105          (6) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
106     money each year to:
107          (i) maintain educator salary adjustments provided in prior years; and
108          (ii) provide educator salary adjustments to new employees.
109          (b) Money appropriated for educator salary adjustments shall include money for the
110     following employer-paid benefits:
111          (i) retirement;
112          (ii) worker's compensation;
113          (iii) social security; and
114          (iv) Medicare.
115          (7) (a) Subject to future budget constraints, the Legislature shall:
116          (i) maintain the salary adjustments provided to school administrators in the 2007-08
117     school year; and

118          (ii) provide salary adjustments for new school administrators in the same amount as
119     provided for existing school administrators.
120          (b) The appropriation provided for educator salary adjustments shall include salary
121     adjustments for school administrators as specified in Subsection (7)(a).
122          (c) In distributing and awarding salary adjustments for school administrators, the state
123     board, a school district, a charter school, or the Utah Schools for the Deaf and the Blind shall
124     comply with the requirements for the distribution and award of educator salary adjustments as
125     provided in Subsections (3) and (4).
126          Section 3. Section 53F-2-504 is amended to read:
127          53F-2-504. Teacher Salary Supplement Program.
128          (1) As used in this section:
129          (a) "Eligible teacher" means a teacher who:
130          (i) has a qualifying educational background or qualifying teaching background;
131          (ii) has a supplement-approved assignment that corresponds to the teacher's qualifying
132     educational background or qualifying teaching background;
133          (iii) qualifies for the teacher's supplement-approved assignment in accordance with
134     state board rule; and
135          (iv) is a new employee or received at least a satisfactory rating on the teacher's most
136     recent evaluation.
137          (b) "Field of computer science" means:
138          (i) computer science; or
139          (ii) computer information technology.
140          (c) "Field of science" means:
141          (i) integrated science;
142          (ii) chemistry;
143          (iii) physics;
144          (iv) physical science; or
145          (v) general science.
146          (d) "License" means the same as that term is defined in Section 53E-6-102.
147          (e) "Qualifying educational background" means:
148          (i) for a teacher who is assigned a secondary school level mathematics course:

149          (A) a bachelor's degree major, master's degree, or doctoral degree in mathematics; or
150          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
151     requirements that are substantially equivalent to the course requirements for a bachelor's degree
152     major, master's degree, or doctoral degree in mathematics;
153          (ii) for a teacher who is assigned a grade 7 or 8 integrated science course, chemistry
154     course, or physics course:
155          (A) a bachelor's degree major, master's degree, or doctoral degree in a field of science;
156     or
157          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
158     requirements that are substantially equivalent to the course requirements of those required for a
159     bachelor's degree major, master's degree, or doctoral degree in a field of science;
160          (iii) for a teacher who is assigned a computer science course:
161          (A) a bachelor's degree major, master's degree, or doctoral degree in a field of
162     computer science; or
163          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
164     requirements that are substantially equivalent to the course requirements of those required for a
165     bachelor's degree major, master's degree, or doctoral degree in a field of computer science; or
166          (iv) for a teacher who is assigned to teach special education, a bachelor's degree major,
167     master's degree, or doctoral degree in special education.
168          (f) "Qualifying teaching background" means the teacher has been teaching the same
169     supplement-approved assignment in Utah public schools for at least 10 years.
170          (g) "Supplement-approved assignment" means an assignment to teach:
171          (i) a secondary school level mathematics course;
172          (ii) integrated science in grade 7 or 8;
173          (iii) chemistry;
174          (iv) physics;
175          (v) computer science; or
176          (vi) special education.
177          (2) (a) Subject to future budget constraints, the Legislature shall:
178          (i) annually appropriate money to the Teacher Salary Supplement Program to maintain
179     annual salary supplements for eligible teachers provided in previous years; and

180          (ii) provide salary supplements to new recipients.
181          (b) Money appropriated for the Teacher Salary Supplement Program shall include
182     money for the following employer-paid benefits:
183          (i) retirement;
184          (ii) workers' compensation;
185          (iii) Social Security; and
186          (iv) Medicare.
187          (3) (a) The annual salary supplement for an eligible teacher who is assigned full-time
188     to a supplement-approved assignment is $4,100 and funded through an appropriation described
189     in Subsection (2).
190          (b) An eligible teacher who is assigned part-time to a supplement-approved assignment
191     shall receive a partial salary supplement based on the number of hours worked in the
192     supplement-approved assignment.
193          (4) The state board shall:
194          (a) create an online application system for a teacher to apply to receive a salary
195     supplement through the Teacher Salary Supplement Program;
196          (b) determine if a teacher is an eligible teacher;
197          (c) verify, as needed, the determinations made under Subsection (4)(b) with school
198     district and school administrators; and
199          (d) certify a list of eligible teachers .
200          (5) [(a)] An eligible teacher shall apply to the state board [before the conclusion of a
201     school year] to receive the salary supplement authorized in this section in accordance with state
202     board rule.
203          [(b) An eligible teacher may apply to the state board, after verification that the
204     requirements under this section have been satisfied, to receive a salary supplement after the
205     completion of:]
206          [(i) the school year as an annual award; or]
207          [(ii) a semester or trimester as a partial award based on the portion of the school year
208     that has been completed.]
209          (6) (a) The state board shall establish and administer an appeal process for a teacher to
210     follow if the teacher applies for a salary supplement and does not receive a salary supplement

211     under Subsection (8).
212          (b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
213     appeal eligibility as an eligible teacher with a qualifying educational background on the basis
214     that the teacher has a degree or degree major with course requirements that are substantially
215     equivalent to the qualifying educational background associated with the teacher's
216     supplement-approved assignment.
217          (ii) A teacher shall provide transcripts and other documentation to the state board in
218     order for the state board to determine if the teacher has a degree or degree major with course
219     requirements that are substantially equivalent to the qualifying educational background
220     associated with the teacher's supplement-approved assignment.
221          (c) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
222     appeal eligibility as an eligible teacher with a qualifying teaching background on the basis that
223     the teacher has a qualifying teaching background.
224          (ii) The teacher shall provide to the state board evidence to verify that the teacher has a
225     qualifying teaching background.
226          (7) (a) The state board shall distribute money appropriated to the Teacher Salary
227     Supplement Program to school districts and charter schools for the Teacher Salary Supplement
228     Program in accordance with the provisions of this section.
229          (b) The state board shall include the employer-paid benefits described under
230     Subsection (2)(b) in the amount of each salary supplement.
231          (c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
232     salary supplement limits described under Subsection (3).
233          (8) (a) Money received from the Teacher Salary Supplement Program shall be used by
234     a school district or charter school to provide a salary supplement equal to the amount specified
235     in Subsection (3) for each eligible teacher.
236          (b) The salary supplement is part of an eligible teacher's base pay, subject to eligible
237     teacher's qualification as an eligible teacher every year, semester, or trimester.
238          (9) Notwithstanding the provisions of this section, if the appropriation for the program
239     is insufficient to cover the costs associated with salary supplements, the state board [shall] may
240     distribute the funds in the Teacher Salary Supplement Program on a pro rata basis.