Representative Bradley G. Last proposes the following substitute bill:





Chief Sponsor: Bradley G. Last

Senate Sponsor: Ann Millner


9     General Description:
10          This bill reenacts the Supplemental Educator COVID-19 Stipend in S.B. 1, Public
11     Education Base Budget Amendments, with the removal of an exclusion for certain
12     contracted employees of a local education agency.
13     Highlighted Provisions:
14          This bill:
15          ▸     defines terms;
16          ▸     reenacts the Supplemental Educator COVID-19 Stipend in S.B. 1, Public Education
17     Base Budget Amendments;
18          ▸     removes an exclusion for contracted employees of a local education agency whose
19     contracts are funded using federal money from the Coronavirus Relief Fund
20     described in the Coronavirus Aid, Relief, and Economic Security Act; and
21          ▸     ensures that teachers whom an LEA assigns to teach in an online setting or who
22     work in an online-only district or charter school are eligible for the stipend.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:

26          This bill provides a special effective date.
27          This bill provides a coordination clause.
28     Utah Code Sections Affected:
29     ENACTS:
30          53F-2-418, Utah Code Annotated 1953
31     Utah Code Sections Affected by Coordination Clause:
32          53F-2-418, Utah Code Annotated 1953

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 53F-2-418 is enacted to read:
36          53F-2-418. Supplemental Educator COVID-19 Stipend.
37          (1) As used in this section:
38          (a) (i) "Classified school-level employee" means an individual:
39          (A) whom an LEA or RESA employs and directly pays; and
40          (B) who is assigned to work in a school setting.
41          (ii) "Classified school-level employee" includes the following categories that an LEA
42     reports to the state board:
43          (A) instructional paraprofessionals;
44          (B) library paraprofessionals;
45          (C) student support; and
46          (D) school and other support, including employees like custodians, bus drivers, and
47     food service; and
48          (iii) "Classified school-level employee" also includes an individual in LEA or RESA
49     administration or administration support if the individual works exclusively in a school setting
50     supporting students.
51          (b) "COVID-19 pandemic" means the spread of COVID-19 that the World Health
52     Organization declared a pandemic on March 11, 2020.
53          (c) "Employer-paid benefits" means a proportionate contribution toward retirement,
54     workers' compensation, Social Security, and Medicare.
55          (d) (i) "Licensed school-level educator" means an individual whom:
56          (A) the state board licenses or who holds a license that the state board recognizes; and

57          (B) an LEA or RESA employs, directly pays, and assigns to work in an in-person or
58     online school setting.
59          (ii) "Licensed school-level educator" includes the following categories that an LEA
60     reports to the state board:
61          (A) teachers, including preschool, kindergarten, elementary, secondary, and special
62     education teachers;
63          (B) support staff, including librarians, instructional leaders or specialists, counselors,
64     and other support staff including employees like psychologists and social workers; and
65          (C) administrators, including principals, assistant principals, and directors.
66          (e) (i) "Qualifying employee" means a licensed school-level educator or a classified
67     school-level employee who was employed by an LEA or RESA as of December 1, 2020, and is
68     employed by:
69          (A) an LEA that provides a broad-based in-person learning option for all students in
70     kindergarten through grade 12 by February 8, 2021, or an RESA that works with LEAs that
71     provide a broad-based in-person learning option for all students in kindergarten through grade
72     12 by February 8, 2021; or
73          (B) an online-only charter school.
74          (ii) "Qualifying employee" does not include:
75          (A) school district employees who are assigned to work in the central administration of
76     the school district, including superintendents, deputy and assistant superintendents, area and
77     regional directors, curriculum specialists, and support staff; or
78          (B) individuals with whom an LEA contracts but does not directly pay the individual or
79     report the individual to the state board in annual employment reports.
80          (f) "Regional education service agency" or "RESA" means the same as that term is
81     defined in Section 53G-4-410.
82          (g) "Stipend" means the one-time Supplemental Educator COVID-19 Stipend.
83          (2) There is created a one-time Supplemental Educator COVID-19 Stipend in
84     appreciation of work during the COVID-19 pandemic.
85          (3) (a) Subject to legislative appropriations, the state board shall allocate funds to a
86     qualifying education entity by March 30, 2021, to provide the stipend to qualifying employees
87     as follows:

88          (i) (A) for a licensed school-level educator, $1,500; or
89          (B) for a classified school-level employee, $1,000; and
90          (ii) employer paid benefits.
91          (b) The stipend shall be prorated for each employee based on full-time equivalent
92     status.
93          (c) Notwithstanding Subsection (3)(a), in the event that an allocation to an LEA or
94     RESA is insufficient to provide the full stipend to each qualifying employee whom the LEA or
95     RESA employs, the LEA or RESA shall reduce the amount of the stipend on a prorated basis.
96          (4) An LEA or RESA that receives an allocation from the state board under Subsection
97     (3) shall return any unexpended amounts to the state no later than June 30, 2021.
98          Section 2. Effective date.
99          If approved by two-thirds of all the members elected to each house, this bill takes effect
100     upon approval by the governor, or the day following the constitutional time limit of Utah
101     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
102     the date of veto override.
103          Section 3. Coordinating H.B. 450 with S.B. 1 -- Superseding amendments.
104          If this H.B. 450 and S.B. 1, Public Education Base Budget Amendments, both pass and
105     become law, it is the intent of the Legislature that the amendments to Section 53F-2-418 in this
106     bill superseded the amendments to Section 53F-2-418 in S.B. 1 when the Office of Legislative
107     Research and General Counsel prepares the Utah Code database for publication.