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     

7     LONG TITLE
8     General Description:
9          This bill makes additions to the appropriations calculation of certain educator salary
10     programs.
11     Highlighted Provisions:
12          This bill:
13          ▸     adds an appropriation adjustment for the educator salary adjustments and the
14     Teacher Salary Supplement Program;
15          ▸     modifies what constitutes an eligible teacher for purposes of the educator salary
16     adjustments and the Teacher Salary Supplement Program; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides a special effective date.
22     Utah Code Sections Affected:
23     AMENDS:
24          53F-2-405, as last amended by Laws of Utah 2022, Chapter 415
25          53F-2-504, as last amended by Laws of Utah 2021, Chapter 328
26     

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 53F-2-405 is amended to read:
29          53F-2-405. Educator salary adjustments.
30          (1) As used in this section, "educator" means a person employed by a school district,
31     charter school, or the Utah Schools for the Deaf and the Blind who holds:
32          (a) (i) a license issued by the state board; and
33          (ii) a position as a:
34          (A) classroom teacher;
35          (B) speech pathologist;
36          (C) librarian or media specialist;
37          (D) preschool teacher;
38          (E) mentor teacher;
39          (F) teacher specialist or teacher leader;
40          (G) guidance counselor;
41          (H) audiologist;
42          (I) psychologist; or
43          (J) social worker; or
44          (b) (i) a license issued by the Division of Professional Licensing; and
45          (ii) a position as a social worker.
46          (2) In recognition of the need to attract and retain highly skilled and dedicated
47     educators, the Legislature shall annually appropriate money for educator salary adjustments,
48     subject to future budget constraints.
49          (3) Money appropriated to the state board for educator salary adjustments shall be
50     distributed to school districts, charter schools, and the Utah Schools for the Deaf and the Blind
51     in proportion to the number of full-time-equivalent educator positions in a school district, a
52     charter school, or the Utah Schools for the Deaf and the Blind as compared to the total number
53     of full-time-equivalent educator positions in school districts, charter schools, and the Utah
54     Schools for the Deaf and the Blind.
55          (4) A school district, a charter school, or the Utah Schools for the Deaf and the Blind
56     shall award bonuses to educators as follows:
57          (a) the amount of the salary adjustment shall be the same for each full-time-equivalent
58     educator position in the school district, charter school, or the Utah Schools for the Deaf and the

59     Blind;
60          (b) an individual who is not a full-time educator shall receive a partial salary
61     adjustment based on the number of hours the individual works as an educator; [and]
62          (c) a salary adjustment may not be awarded [only to] if an educator [who] has received
63     [a satisfactory] an unsatisfactory rating [or above] on the educator's three most recent
64     [evaluation.] evaluations; and
65          (d) for a fiscal year beginning on or after July 1, 2024, the amount of the salary
66     adjustment is equal to:
67          (i) the amount of salary adjustment in the preceding fiscal year; and
68          (ii) a percentage increase that is equal to the percentage increase in the value of the
69     WPU in the preceding fiscal year.
70          (5) The state board may make rules as necessary to administer this section in
71     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
72          (6) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
73     money each year to:
74          (i) maintain educator salary adjustments provided in prior years; and
75          (ii) provide educator salary adjustments to new employees.
76          (b) Money appropriated for educator salary adjustments shall include money for the
77     following employer-paid benefits:
78          (i) retirement;
79          (ii) worker's compensation;
80          (iii) social security; and
81          (iv) Medicare.
82          (7) (a) Subject to future budget constraints, the Legislature shall:
83          (i) maintain the salary adjustments provided to school administrators in the 2007-08
84     school year; and
85          (ii) provide salary adjustments for new school administrators in the same amount as
86     provided for existing school administrators.
87          (b) The appropriation provided for educator salary adjustments shall include salary
88     adjustments for school administrators as specified in Subsection (7)(a).
89          (c) In distributing and awarding salary adjustments for school administrators, the state

90     board, a school district, a charter school, or the Utah Schools for the Deaf and the Blind shall
91     comply with the requirements for the distribution and award of educator salary adjustments as
92     provided in Subsections (3) and (4).
93          Section 2. Section 53F-2-504 is amended to read:
94          53F-2-504. Teacher Salary Supplement Program.
95          (1) As used in this section:
96          (a) "Eligible teacher" means a teacher who:
97          (i) has a qualifying educational background or qualifying teaching background;
98          (ii) has a supplement-approved assignment that corresponds to the teacher's qualifying
99     educational background or qualifying teaching background;
100          (iii) qualifies for the teacher's supplement-approved assignment in accordance with
101     state board rule; [and]
102          (iv) is a new employee; or
103          (v) has not received [at least a satisfactory] an unsatisfactory rating on the teacher's
104     three most recent [evaluation] evaluations.
105          (b) "Field of computer science" means:
106          (i) computer science; or
107          (ii) computer information technology.
108          (c) "Field of science" means:
109          (i) integrated science;
110          (ii) chemistry;
111          (iii) physics;
112          (iv) physical science; or
113          (v) general science.
114          (d) "Qualifying educational background" means:
115          (i) for a teacher who is assigned a secondary school level mathematics course:
116          (A) a bachelor's degree major, master's degree, or doctoral degree in mathematics; or
117          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
118     requirements that are substantially equivalent to the course requirements for a bachelor's degree
119     major, master's degree, or doctoral degree in mathematics;
120          (ii) for a teacher who is assigned a grade 7 or 8 integrated science course, chemistry

121     course, or physics course:
122          (A) a bachelor's degree major, master's degree, or doctoral degree in a field of science;
123     or
124          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
125     requirements that are substantially equivalent to the course requirements of those required for a
126     bachelor's degree major, master's degree, or doctoral degree in a field of science;
127          (iii) for a teacher who is assigned a computer science course:
128          (A) a bachelor's degree major, master's degree, or doctoral degree in a field of
129     computer science; or
130          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
131     requirements that are substantially equivalent to the course requirements of those required for a
132     bachelor's degree major, master's degree, or doctoral degree in a field of computer science; or
133          (iv) for a teacher who is assigned to teach special education, a bachelor's degree major,
134     master's degree, or doctoral degree in special education.
135          (e) "Qualifying teaching background" means:
136          (i) the teacher has been teaching the same supplement-approved assignment in Utah
137     public schools for at least 10 years; or
138          (ii) the teacher has a professional deaf education license issued by the state board.
139          (f) "Supplement-approved assignment" means an assignment to teach:
140          (i) a secondary school level mathematics course;
141          (ii) integrated science in grade 7 or 8;
142          (iii) chemistry;
143          (iv) physics;
144          (v) computer science;
145          (vi) special education; or
146          (vii) deaf education.
147          (2) (a) Subject to future budget constraints, the Legislature shall:
148          (i) annually appropriate money to the Teacher Salary Supplement Program to maintain
149     annual salary supplements for eligible teachers provided in previous years; and
150          (ii) provide salary supplements to new recipients.
151          (b) Money appropriated for the Teacher Salary Supplement Program shall include

152     money for the following employer-paid benefits:
153          (i) retirement;
154          (ii) workers' compensation;
155          (iii) Social Security; and
156          (iv) Medicare.
157          (3) (a) The annual salary supplement for an eligible teacher who is assigned full-time
158     to a supplement-approved assignment is:
159          (i) for a fiscal year beginning before July 1, 2023, $4,100 and funded through an
160     appropriation described in Subsection (2); and
161          (ii) for a fiscal year beginning on or after July 1, 2023, the amount equal to:
162          (A) the amount of the annual salary supplement in the preceding fiscal year; and
163          (B) a percentage increase that is equal to the percentage increase in the value of the
164     WPU in the preceding fiscal year.
165          (b) An eligible teacher who is assigned part-time to a supplement-approved assignment
166     shall receive a partial salary supplement based on the number of hours worked in the
167     supplement-approved assignment.
168          (4) The state board shall:
169          (a) create an online application system for a teacher to apply to receive a salary
170     supplement through the Teacher Salary Supplement Program;
171          (b) determine if a teacher is an eligible teacher;
172          (c) verify, as needed, the determinations made under Subsection (4)(b) with school
173     district and school administrators; and
174          (d) certify a list of eligible teachers.
175          (5) An eligible teacher shall apply to the state board, as provided by the board to
176     receive the salary supplement authorized in this section in accordance with state board rule
177     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
178          (6) (a) The state board shall establish and administer an appeal process for a teacher to
179     follow if the teacher applies for a salary supplement and does not receive a salary supplement
180     under Subsection (8).
181          (b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
182     appeal eligibility as an eligible teacher with a qualifying educational background on the basis

183     that the teacher has a degree or degree major with course requirements that are substantially
184     equivalent to the qualifying educational background associated with the teacher's
185     supplement-approved assignment.
186          (ii) A teacher shall provide transcripts and other documentation to the state board in
187     order for the state board to determine if the teacher has a degree or degree major with course
188     requirements that are substantially equivalent to the qualifying educational background
189     associated with the teacher's supplement-approved assignment.
190          (c) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
191     appeal eligibility as an eligible teacher with a qualifying teaching background on the basis that
192     the teacher has a qualifying teaching background.
193          (ii) The teacher shall provide to the state board evidence to verify that the teacher has a
194     qualifying teaching background.
195          (7) (a) The state board shall distribute money appropriated to the Teacher Salary
196     Supplement Program to school districts and charter schools for the Teacher Salary Supplement
197     Program in accordance with the provisions of this section.
198          (b) The state board shall include the employer-paid benefits described under
199     Subsection (2)(b) in the amount of each salary supplement.
200          (c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
201     salary supplement limits described under Subsection (3).
202          (8) (a) Money received from the Teacher Salary Supplement Program shall be used by
203     a school district or charter school to provide a salary supplement equal to the amount specified
204     in Subsection (3) for each eligible teacher.
205          (b) The salary supplement is part of an eligible teacher's base pay, subject to eligible
206     teacher's qualification as an eligible teacher every year, semester, or trimester.
207          (9) Notwithstanding the provisions of this section, if the appropriation for the program
208     is insufficient to cover the costs associated with salary supplements, the state board may
209     distribute the funds in the Teacher Salary Supplement Program on a pro rata basis.
210          Section 3. Effective date.
211          This bill takes effect on July 1, 2023.