Representative Kera Birkeland proposes the following substitute bill:


1     
EDUCATOR EXPENSE MODIFICATIONS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kera Birkeland

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill provides for distribution of an appropriation for teaching supplies and
10     materials.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     provides for the distribution of teaching supplies and materials money among
15     teachers;
16          ▸     provides for the use of the Public Education Economic Stabilization Account to
17     fund teaching supplies and materials; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          This bill appropriates in fiscal year 2025:
21          ▸     to State Board of Education - Minimum School Program - Related to Basic School
22     Programs - Teacher Supplies and Materials as a one-time appropriation:
23               •     from the Public Education Economic Stabilization Restricted Account,
24     One-time, $8,400,000
25     Other Special Clauses:

26          This bill provides a special effective date.
27     Utah Code Sections Affected:
28     AMENDS:
29          53F-7-203, as last amended by Laws of Utah 2023, Chapter 348
30          53F-9-204, as last amended by Laws of Utah 2022, Chapters 386, 456
31     ENACTS:
32          53F-2-526, Utah Code Annotated 1953
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 53F-2-526 is enacted to read:
36          53F-2-526. Appropriations for teaching supplies and materials.
37          (1) As used in this section:
38          (a) "Classroom teacher" means a teacher who:
39          (i) is assigned by an LEA in a permanent teacher position filled by one teacher or two
40     or more job-sharing teachers employed by an LEA;
41          (ii) is licensed and paid on an LEA's salary schedule;
42          (iii) is employed for an entire contract period; and
43          (iv) is primarily responsible to provide instruction or a combination of instructional
44     and counseling services to students in public schools.
45          (b) "Teaching supplies and materials" means consumable and non-consumable items
46     that are used for educational purposes by teachers in classroom activities that are approved by
47     the LEA.
48          (2) For the fiscal year that begins July 1, 2024, the state board shall distribute money
49     appropriated for teaching supplies and materials as follows:
50          (a) $500 to each classroom teacher position for pre-kindergarten special education and
51     kindergarten through grade 6; and
52          (b) $250 to each classroom teacher position for grades 7 through 12.     
53          Section 2. Section 53F-7-203 is amended to read:
54          53F-7-203. Paid professional hours for educators.
55          (1) Subject to legislative appropriations, the state board shall provide funding to each
56     LEA to provide additional paid professional hours to the following educators in accordance

57     with this section:
58          (a) general education and special education teachers;
59          (b) counselors;
60          (c) school administration;
61          (d) school specialists;
62          (e) student support;
63          (f) school psychologists;
64          (g) speech language pathologists; and
65          (h) audiologists.
66          (2) The state board shall distribute funds appropriated to the state board under
67     Subsection 53F-9-204(6)(a) to each LEA in proportion to the number of educators described in
68     Subsection (1) within the LEA.
69          (3) An LEA shall use funding under this section to provide paid professional hours
70     that:
71          (a) provide educators with the knowledge and skills necessary to enable students to
72     succeed in a well-rounded education and to meet the challenging state academic standards; and
73          (b) may include activities that:
74          (i) improve and increase an educator's:
75          (A) knowledge of the academic subjects the educator teaches;
76          (B) time to plan and prepare daily lessons based on student needs;
77          (C) understanding of how students learn; and
78          (D) ability to analyze student work and achievement from multiple sources, including
79     how to adjust instructional strategies, assessments, and materials based on the analysis;
80          (ii) are an integral part of broad school-wide and LEA-wide educational improvement
81     plans;
82          (iii) allow personalized plans for each educator to address the educator's specific needs
83     identified in observation or other feedback;
84          (iv) advance educator understanding of:
85          (A) effective and evidence-based instructional strategies; and
86          (B) strategies for improving student academic achievement or substantially increasing
87     the knowledge and teaching skills of educators;

88          (v) are aligned with, and directly related to, academic goals of the school or LEA; and
89          (vi) include instruction in the use of data and assessments to inform and instruct
90     classroom practice.
91          (4) (a) An educator shall:
92          (i) on or before the fifth day of instruction in a given school year, create a plan, in
93     consultation with the educator's principal, on how the educator plans to use paid professional
94     hours provided under this section during the school year; and
95          (ii) before the end of a given school year, provide a written statement to the educator's
96     principal of how the educator used paid professional hours provided under this section during
97     the school year.
98          (b) (i) Subsection (4)(a)(i) does not limit an educator who begins employment after the
99     fifth day of instruction in a given year from receiving paid professional hours under this
100     section.
101          (ii) An LEA may prorate the paid professional hours of an educator who begins
102     employment after the fifth day of instruction in a given year according to the portion of the
103     school year for which the LEA employs the educator.
104          Section 3. Section 53F-9-204 is amended to read:
105          53F-9-204. Public Education Economic Stabilization Restricted Account.
106          (1) There is created within the Uniform School Fund a restricted account known as the
107     "Public Education Economic Stabilization Restricted Account."
108          (2) (a) Except as provided in Subsection (2)(b), the account shall be funded from the
109     following revenue sources:
110          (i) 15% of the difference between, as determined by the Office of the Legislative Fiscal
111     Analyst:
112          (A) the estimated amount of ongoing Income Tax Fund and Uniform School Fund
113     revenue available for the Legislature to appropriate for the next fiscal year; and
114          (B) the amount of ongoing appropriations from the Income Tax Fund and Uniform
115     School Fund in the current fiscal year; and
116          (ii) other appropriations as the Legislature may designate.
117          (b) If the appropriation described in Subsection (2)(a) would cause the ongoing
118     appropriations to the account to exceed 11% of Uniform School Fund appropriations described

119     in Section 53F-9-201.1 for the same fiscal year, the Legislature shall appropriate only those
120     funds necessary to ensure that the ongoing appropriations to the account equal 11% of Uniform
121     School Fund appropriations for that fiscal year.
122          (3) Subject to the availability of ongoing appropriations to the account, in accordance
123     with
124     Utah Constitution, Article X, Section 5, Subsection (4), the ongoing appropriation to the
125     account shall be used to fund:
126          (a) except for a year described in Subsection (3)(b), one-time appropriations to the
127     public education system; and
128          (b) the Minimum School Program for a year in which Income Tax Fund revenue and
129     Uniform School Fund revenue are insufficient to fund:
130          (i) ongoing appropriations to the public education system; and
131          (ii) enrollment growth and inflation estimates, as defined in Section 53F-9-201.1.
132          (4) (a) The account shall earn interest.
133          (b) All interest earned on account money shall be deposited in the account.
134          (5) On or before December 31, 2023, and every three years thereafter, the Office of the
135     Legislative Fiscal Analyst shall:
136          (a) review the percentages described in Subsections (2)(a)(i) and (2)(b); and
137          (b) recommend to the Executive Appropriations Subcommittee any changes based on
138     the review described in Subsection (5)(a).
139          (6) In preparing budget bills for a given fiscal year, the Executive Appropriations
140     Committee shall make the one-time appropriations described in Subsection (3)(a) by
141     appropriating at least the lesser of 10% of the total amount of the one-time appropriations; or
142          (a) the cost of providing 32 paid professional hours for teachers in accordance with
143     Section 53F-7-203[.]; and
144          (b) the amount to make the distribution required under Section 53F-2-526.
145          Section 4. FY 2025 Appropriation.
146          The following sums of money are appropriated for the fiscal year beginning July 1,
147     2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
148     fiscal year 2025.
149          Subsection 4(a). Operating and Capital Budgets.

150          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
151     Legislature appropriates the following sums of money from the funds or accounts indicated for
152     the use and support of the government of the state of Utah.
153     
ITEM 1
     To State Board of Education - Minimum School Program - Related to Basic
154     School Programs
155      From Public Education Economic Stabilization Restricted
Account, One-time
$8,400,000
156      Schedule of Programs:
157      Teacher Supplies and Materials$8,400,000
158     The Legislature intends that the State Board use the appropriations provided under this section
159     in accordance with Section 53F-2-526.
160          Section 5. Effective date.
161          This bill takes effect on July 1, 2024.