1     
EDUCATOR SALARY AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Evan J. Vickers

5     
House Sponsor: Steven J. Lund

6     Cosponsors:
7     Nate Blouin
8     Luz Escamilla
9     Don L. Ipson
10     John D. Johnson
Karen Kwan
Ann Millner
Derrin R. Owens
Stephanie Pitcher
Jen Plumb
Kathleen A. Riebe
Scott D. Sandall
Chris H. Wilson
Ronald M. Winterton

11     

12     LONG TITLE
13     General Description:
14          This bill makes additions to the appropriations calculation of certain educator salary
15     programs.
16     Highlighted Provisions:
17          This bill:
18          ▸     adds an appropriation adjustment for the educator salary adjustments and the
19     Teacher Salary Supplement Program;
20          ▸     modifies what constitutes an eligible teacher for purposes of the educator salary
21     adjustments and the Teacher Salary Supplement Program; and
22          ▸     makes technical changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          This bill provides a special effective date.
27     Utah Code Sections Affected:

28     AMENDS:
29          53F-2-405, as last amended by Laws of Utah 2022, Chapter 415
30          53F-2-504, as last amended by Laws of Utah 2021, Chapter 328
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53F-2-405 is amended to read:
34          53F-2-405. Educator salary adjustments.
35          (1) As used in this section, "educator" means a person employed by a school district,
36     charter school, or the Utah Schools for the Deaf and the Blind who holds:
37          (a) (i) a license issued by the state board; and
38          (ii) a position as a:
39          (A) classroom teacher;
40          (B) speech pathologist;
41          (C) librarian or media specialist;
42          (D) preschool teacher;
43          (E) mentor teacher;
44          (F) teacher specialist or teacher leader;
45          (G) guidance counselor;
46          (H) audiologist;
47          (I) psychologist; or
48          (J) social worker; or
49          (b) (i) a license issued by the Division of Professional Licensing; and
50          (ii) a position as a social worker.
51          (2) In recognition of the need to attract and retain highly skilled and dedicated
52     educators, the Legislature shall annually appropriate money for educator salary adjustments,
53     subject to future budget constraints.
54          (3) Money appropriated to the state board for educator salary adjustments shall be
55     distributed to school districts, charter schools, and the Utah Schools for the Deaf and the Blind

56     in proportion to the number of full-time-equivalent educator positions in a school district, a
57     charter school, or the Utah Schools for the Deaf and the Blind as compared to the total number
58     of full-time-equivalent educator positions in school districts, charter schools, and the Utah
59     Schools for the Deaf and the Blind.
60          (4) A school district, a charter school, or the Utah Schools for the Deaf and the Blind
61     shall award bonuses to educators as follows:
62          (a) the amount of the salary adjustment shall be the same for each full-time-equivalent
63     educator position in the school district, charter school, or the Utah Schools for the Deaf and the
64     Blind;
65          (b) an individual who is not a full-time educator shall receive a partial salary
66     adjustment based on the number of hours the individual works as an educator; [and]
67          (c) a salary adjustment may not be awarded [only to] if an educator [who] has received
68     [a satisfactory] an unsatisfactory rating [or above] on the educator's three most recent
69     [evaluation.] evaluations; and
70          (d) for a fiscal year beginning on or after July 1, 2024, the amount of the salary
71     adjustment is equal to:
72          (i) the amount of salary adjustment in the preceding fiscal year; and
73          (ii) a percentage increase that is equal to the percentage increase in the value of the
74     WPU in the preceding fiscal year.
75          (5) The state board may make rules as necessary to administer this section in
76     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
77          (6) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
78     money each year to:
79          (i) maintain educator salary adjustments provided in prior years; and
80          (ii) provide educator salary adjustments to new employees.
81          (b) Money appropriated for educator salary adjustments shall include money for the
82     following employer-paid benefits:
83          (i) retirement;

84          (ii) worker's compensation;
85          (iii) social security; and
86          (iv) Medicare.
87          (7) (a) Subject to future budget constraints, the Legislature shall:
88          (i) maintain the salary adjustments provided to school administrators in the 2007-08
89     school year; and
90          (ii) provide salary adjustments for new school administrators in the same amount as
91     provided for existing school administrators.
92          (b) The appropriation provided for educator salary adjustments shall include salary
93     adjustments for school administrators as specified in Subsection (7)(a).
94          (c) In distributing and awarding salary adjustments for school administrators, the state
95     board, a school district, a charter school, or the Utah Schools for the Deaf and the Blind shall
96     comply with the requirements for the distribution and award of educator salary adjustments as
97     provided in Subsections (3) and (4).
98          Section 2. Section 53F-2-504 is amended to read:
99          53F-2-504. Teacher Salary Supplement Program.
100          (1) As used in this section:
101          (a) "Eligible teacher" means a teacher who:
102          (i) has a qualifying educational background or qualifying teaching background;
103          (ii) has a supplement-approved assignment that corresponds to the teacher's qualifying
104     educational background or qualifying teaching background;
105          (iii) qualifies for the teacher's supplement-approved assignment in accordance with
106     state board rule; and
107          (iv) (A) is a new employee; or
108          (B) has not received [at least a satisfactory] an unsatisfactory rating on the teacher's
109     three most recent [evaluation] evaluations.
110          (b) "Field of computer science" means:
111          (i) computer science; or

112          (ii) computer information technology.
113          (c) "Field of science" means:
114          (i) integrated science;
115          (ii) chemistry;
116          (iii) physics;
117          (iv) physical science; or
118          (v) general science.
119          (d) "Qualifying educational background" means:
120          (i) for a teacher who is assigned a secondary school level mathematics course:
121          (A) a bachelor's degree major, master's degree, or doctoral degree in mathematics; or
122          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
123     requirements that are substantially equivalent to the course requirements for a bachelor's degree
124     major, master's degree, or doctoral degree in mathematics;
125          (ii) for a teacher who is assigned a grade 7 or 8 integrated science course, chemistry
126     course, or physics course:
127          (A) a bachelor's degree major, master's degree, or doctoral degree in a field of science;
128     or
129          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
130     requirements that are substantially equivalent to the course requirements of those required for a
131     bachelor's degree major, master's degree, or doctoral degree in a field of science;
132          (iii) for a teacher who is assigned a computer science course:
133          (A) a bachelor's degree major, master's degree, or doctoral degree in a field of
134     computer science; or
135          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
136     requirements that are substantially equivalent to the course requirements of those required for a
137     bachelor's degree major, master's degree, or doctoral degree in a field of computer science; or
138          (iv) for a teacher who is assigned to teach special education, a bachelor's degree major,
139     master's degree, or doctoral degree in special education.

140          (e) "Qualifying teaching background" means:
141          (i) the teacher has been teaching the same supplement-approved assignment in Utah
142     public schools for at least 10 years; or
143          (ii) the teacher has a professional deaf education license issued by the state board.
144          (f) "Supplement-approved assignment" means an assignment to teach:
145          (i) a secondary school level mathematics course;
146          (ii) integrated science in grade 7 or 8;
147          (iii) chemistry;
148          (iv) physics;
149          (v) computer science;
150          (vi) special education; or
151          (vii) deaf education.
152          (2) (a) Subject to future budget constraints, the Legislature shall:
153          (i) annually appropriate money to the Teacher Salary Supplement Program to maintain
154     annual salary supplements for eligible teachers provided in previous years; and
155          (ii) provide salary supplements to new recipients.
156          (b) Money appropriated for the Teacher Salary Supplement Program shall include
157     money for the following employer-paid benefits:
158          (i) retirement;
159          (ii) workers' compensation;
160          (iii) Social Security; and
161          (iv) Medicare.
162          (3) (a) The annual salary supplement for an eligible teacher who is assigned full-time
163     to a supplement-approved assignment is:
164          (i) for a fiscal year beginning before July 1, 2023, $4,100 and funded through an
165     appropriation described in Subsection (2); and
166          (ii) for a fiscal year beginning on or after July 1, 2023, the amount equal to:
167          (A) the amount of the annual salary supplement in the preceding fiscal year; and

168          (B) a percentage increase that is equal to the percentage increase in the value of the
169     WPU in the preceding fiscal year.
170          (b) An eligible teacher who is assigned part-time to a supplement-approved assignment
171     shall receive a partial salary supplement based on the number of hours worked in the
172     supplement-approved assignment.
173          (4) The state board shall:
174          (a) create an online application system for a teacher to apply to receive a salary
175     supplement through the Teacher Salary Supplement Program;
176          (b) determine if a teacher is an eligible teacher;
177          (c) verify, as needed, the determinations made under Subsection (4)(b) with school
178     district and school administrators; and
179          (d) certify a list of eligible teachers.
180          (5) An eligible teacher shall apply to the state board, as provided by the board to
181     receive the salary supplement authorized in this section in accordance with state board rule
182     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
183          (6) (a) The state board shall establish and administer an appeal process for a teacher to
184     follow if the teacher applies for a salary supplement and does not receive a salary supplement
185     under Subsection (8).
186          (b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
187     appeal eligibility as an eligible teacher with a qualifying educational background on the basis
188     that the teacher has a degree or degree major with course requirements that are substantially
189     equivalent to the qualifying educational background associated with the teacher's
190     supplement-approved assignment.
191          (ii) A teacher shall provide transcripts and other documentation to the state board in
192     order for the state board to determine if the teacher has a degree or degree major with course
193     requirements that are substantially equivalent to the qualifying educational background
194     associated with the teacher's supplement-approved assignment.
195          (c) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to

196     appeal eligibility as an eligible teacher with a qualifying teaching background on the basis that
197     the teacher has a qualifying teaching background.
198          (ii) The teacher shall provide to the state board evidence to verify that the teacher has a
199     qualifying teaching background.
200          (7) (a) The state board shall distribute money appropriated to the Teacher Salary
201     Supplement Program to school districts and charter schools for the Teacher Salary Supplement
202     Program in accordance with the provisions of this section.
203          (b) The state board shall include the employer-paid benefits described under
204     Subsection (2)(b) in the amount of each salary supplement.
205          (c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
206     salary supplement limits described under Subsection (3).
207          (8) (a) Money received from the Teacher Salary Supplement Program shall be used by
208     a school district or charter school to provide a salary supplement equal to the amount specified
209     in Subsection (3) for each eligible teacher.
210          (b) The salary supplement is part of an eligible teacher's base pay, subject to eligible
211     teacher's qualification as an eligible teacher every year, semester, or trimester.
212          (9) Notwithstanding the provisions of this section, if the appropriation for the program
213     is insufficient to cover the costs associated with salary supplements, the state board may
214     distribute the funds in the Teacher Salary Supplement Program on a pro rata basis.
215          Section 3. Effective date.
216          This bill takes effect on July 1, 2023.