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7 LONG TITLE
8 General Description:
9 This bill amends educator salary adjustments and the Teacher Salary Supplemental
10 Program to include regional education service agencies.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ includes regional education service agencies to educator salary adjustments and the
15 Teacher Salary Supplement Program; and
16 ▸ provides for an annual increase to the legislative appropriation under certain
17 circumstances.
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 2023, Chapters 1, 373
25 53F-2-504, as last amended by Laws of Utah 2023, Chapter 373
26 53G-4-410, as last amended by Laws of Utah 2020, Chapters 253, 408
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 53F-2-405 is amended to read:
30 53F-2-405. Educator salary adjustments.
31 (1) As used in this section, "educator" means a person employed by a school district,
32 charter school, regional education service agency, or the Utah Schools for the Deaf and the
33 Blind who holds:
34 (a) (i) a license issued by the state board; and
35 (ii) a position as a:
36 (A) classroom teacher;
37 (B) speech pathologist;
38 (C) librarian or media specialist;
39 (D) preschool teacher;
40 (E) mentor teacher;
41 (F) teacher specialist or teacher leader;
42 (G) guidance counselor;
43 (H) audiologist;
44 (I) psychologist; or
45 (J) social worker; or
46 (b) (i) a license issued by the Division of Professional Licensing; and
47 (ii) a position as a social worker.
48 (2) In recognition of the need to attract and retain highly skilled and dedicated
49 educators, the Legislature shall annually appropriate money for educator salary adjustments,
50 subject to future budget constraints.
51 (3) (a) The state board shall distribute to each school district, each charter school, each
52 regional education service agency, and the Utah Schools for the Deaf and the Blind money that
53 the Legislature appropriates for educator salary adjustments based on the number of educator
54 positions described in Subsection (4) in the school district, the charter school, each regional
55 education service agency, or the Utah Schools for the Deaf and the Blind.
56 (b) Notwithstanding Subsections (3)(a), if appropriations are insufficient to provide the
57 full amount of educator salary adjustments described in this section, the state board shall
58 distribute money appropriated for educator salary adjustments to school districts, charter
59 schools, each regional education service agency, and the Utah Schools for the Deaf and the
60 Blind in proportion to the number of full-time-equivalent educator positions in a school
61 district, a charter school, each regional education service agency, or the Utah Schools for the
62 Deaf and the Blind as compared to the total number of full-time-equivalent educator positions
63 in school districts, charter schools, each regional education service agency, and the Utah
64 Schools for the Deaf and the Blind.
65 (4) A school district, a charter school, each regional education service agency, or the
66 Utah Schools for the Deaf and the Blind shall award bonuses to educators as follows:
67 (a) the amount of the salary adjustment for each full-time-equivalent educator is:
68 (i) if Title 53F, Chapter 6, Part 4, Utah Fits All Scholarship Program, is funded and in
69 effect, $8,400; or
70 (ii) if Title 53F, Chapter 6, Part 4, Utah Fits All Scholarship Program, is not funded
71 and in effect, $4,200;
72 (b) an individual who is not a full-time educator shall receive a partial salary
73 adjustment based on the number of hours the individual works as an educator;
74 (c) a salary adjustment may not be awarded if an educator has received an
75 unsatisfactory rating on the educator's three most recent evaluations; and
76 (d) for a fiscal year beginning on or after July 1, 2024, the amount of the salary
77 adjustment is equal to:
78 (i) the amount of salary adjustment in the preceding fiscal year; and
79 (ii) a percentage increase that is equal to the percentage increase in the value of the
80 WPU in the preceding fiscal year.
81 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
82 state board:
83 (a) shall make rules to ensure that the LEAs do not reduce or artificially limit a
84 teacher's salary to convert the salary supplement in this section into a windfall to the LEA; and
85 (b) may make rules as necessary to administer this section.
86 (6) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
87 money each year to:
88 (i) maintain educator salary adjustments provided in prior years; and
89 (ii) provide educator salary adjustments to new employees.
90 (b) Money appropriated for educator salary adjustments shall include money for the
91 following employer-paid benefits:
92 (i) retirement;
93 (ii) worker's compensation;
94 (iii) social security; and
95 (iv) Medicare.
96 (7) (a) Subject to future budget constraints, the Legislature shall:
97 (i) maintain the salary adjustments provided to school administrators in the 2007-08
98 school year; and
99 (ii) provide salary adjustments for new school administrators in the same amount as
100 provided for existing school administrators.
101 (b) The appropriation provided for educator salary adjustments described in this
102 section shall include salary adjustments for school administrators as specified in Subsection
103 (7)(a).
104 (c) In distributing and awarding salary adjustments for school administrators, the state
105 board, a school district, a charter school, each regional education service agency, or the Utah
106 Schools for the Deaf and the Blind shall comply with the requirements for the distribution and
107 award of educator salary adjustments as provided in Subsections (3) and (4).
108 Section 2. Section 53F-2-504 is amended to read:
109 53F-2-504. Teacher Salary Supplement Program.
110 (1) As used in this section:
111 (a) "Eligible teacher" means a teacher who:
112 (i) has a qualifying educational background or qualifying teaching background;
113 (ii) has a supplement-approved assignment that corresponds to the teacher's qualifying
114 educational background or qualifying teaching background;
115 (iii) qualifies for the teacher's supplement-approved assignment in accordance with
116 state board rule; and
117 (iv) (A) is a new employee; or
118 (B) has not received an unsatisfactory rating on the teacher's three most recent
119 evaluations.
120 (b) "Field of computer science" means:
121 (i) computer science; or
122 (ii) computer information technology.
123 (c) "Field of science" means:
124 (i) integrated science;
125 (ii) chemistry;
126 (iii) physics;
127 (iv) physical science; or
128 (v) general science.
129 (d) "Qualifying educational background" means:
130 (i) for a teacher who is assigned a secondary school level mathematics course:
131 (A) a bachelor's degree major, master's degree, or doctoral degree in mathematics; or
132 (B) a bachelor's degree major, master's degree, or doctoral degree that has course
133 requirements that are substantially equivalent to the course requirements for a bachelor's degree
134 major, master's degree, or doctoral degree in mathematics;
135 (ii) for a teacher who is assigned a grade 7 or 8 integrated science course, chemistry
136 course, or physics course:
137 (A) a bachelor's degree major, master's degree, or doctoral degree in a field of science;
138 or
139 (B) a bachelor's degree major, master's degree, or doctoral degree that has course
140 requirements that are substantially equivalent to the course requirements of those required for a
141 bachelor's degree major, master's degree, or doctoral degree in a field of science;
142 (iii) for a teacher who is assigned a computer science course:
143 (A) a bachelor's degree major, master's degree, or doctoral degree in a field of
144 computer science; or
145 (B) a bachelor's degree major, master's degree, or doctoral degree that has course
146 requirements that are substantially equivalent to the course requirements of those required for a
147 bachelor's degree major, master's degree, or doctoral degree in a field of computer science; or
148 (iv) for a teacher who is assigned to teach special education, a bachelor's degree major,
149 master's degree, or doctoral degree in special education.
150 (e) "Qualifying teaching background" means:
151 (i) the teacher has been teaching the same supplement-approved assignment in Utah
152 public schools for at least 10 years; or
153 (ii) the teacher has a professional deaf education license issued by the state board.
154 (f) "Supplement-approved assignment" means an assignment to teach:
155 (i) a secondary school level mathematics course;
156 (ii) integrated science in grade 7 or 8;
157 (iii) chemistry;
158 (iv) physics;
159 (v) computer science;
160 (vi) special education; or
161 (vii) deaf education.
162 (2) (a) Subject to future budget constraints, the Legislature shall:
163 (i) annually appropriate money to the Teacher Salary Supplement Program to maintain
164 annual salary supplements for eligible teachers provided in previous years; and
165 (ii) provide salary supplements to new recipients.
166 (b) Money appropriated for the Teacher Salary Supplement Program shall include
167 money for the following employer-paid benefits:
168 (i) retirement;
169 (ii) workers' compensation;
170 (iii) Social Security; and
171 (iv) Medicare.
172 (3) (a) The annual salary supplement for an eligible teacher who is assigned full-time
173 to a supplement-approved assignment is:
174 (i) for a fiscal year beginning before July 1, 2023, $4,100 and funded through an
175 appropriation described in Subsection (2); and
176 (ii) for a fiscal year beginning on or after July 1, 2023, the amount equal to:
177 (A) the amount of the annual salary supplement in the preceding fiscal year; and
178 (B) a percentage increase that is equal to the percentage increase in the value of the
179 WPU in the preceding fiscal year.
180 (b) An eligible teacher who is assigned part-time to a supplement-approved assignment
181 shall receive a partial salary supplement based on the number of hours worked in the
182 supplement-approved assignment.
183 (4) The state board shall:
184 (a) create an online application system for a teacher to apply to receive a salary
185 supplement through the Teacher Salary Supplement Program;
186 (b) determine if a teacher is an eligible teacher;
187 (c) verify, as needed, the determinations made under Subsection (4)(b) with school
188 district and school administrators; and
189 (d) certify a list of eligible teachers.
190 (5) An eligible teacher shall apply to the state board, as provided by the board to
191 receive the salary supplement authorized in this section in accordance with state board rule
192 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
193 (6) (a) The state board shall establish and administer an appeal process for a teacher to
194 follow if the teacher applies for a salary supplement and does not receive a salary supplement
195 under Subsection (8).
196 (b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
197 appeal eligibility as an eligible teacher with a qualifying educational background on the basis
198 that the teacher has a degree or degree major with course requirements that are substantially
199 equivalent to the qualifying educational background associated with the teacher's
200 supplement-approved assignment.
201 (ii) A teacher shall provide transcripts and other documentation to the state board in
202 order for the state board to determine if the teacher has a degree or degree major with course
203 requirements that are substantially equivalent to the qualifying educational background
204 associated with the teacher's supplement-approved assignment.
205 (c) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
206 appeal eligibility as an eligible teacher with a qualifying teaching background on the basis that
207 the teacher has a qualifying teaching background.
208 (ii) The teacher shall provide to the state board evidence to verify that the teacher has a
209 qualifying teaching background.
210 (7) (a) The state board shall distribute money appropriated to the Teacher Salary
211 Supplement Program to school districts, [
212 agencies for the Teacher Salary Supplement Program in accordance with the provisions of this
213 section.
214 (b) The state board shall include the employer-paid benefits described under
215 Subsection (2)(b) in the amount of each salary supplement.
216 (c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
217 salary supplement limits described under Subsection (3).
218 (8) (a) Money received from the Teacher Salary Supplement Program shall be used by
219 a school district, [
220 supplement equal to the amount specified in Subsection (3) for each eligible teacher.
221 (b) The salary supplement is part of an eligible teacher's base pay, subject to eligible
222 teacher's qualification as an eligible teacher every year, semester, or trimester.
223 (9) Notwithstanding the provisions of this section, if the appropriation for the program
224 is insufficient to cover the costs associated with salary supplements, the state board may
225 distribute the funds in the Teacher Salary Supplement Program on a pro rata basis.
226 Section 3. Section 53G-4-410 is amended to read:
227 53G-4-410. Regional education service agencies.
228 (1) As used in this section:
229 (a) "Eligible regional education service agency" means a regional education service
230 agency in existence before July 1, 2020.
231 (b) "Regional education service agency" means an entity formed by two or more school
232 districts as an interlocal entity, in accordance with Title 11, Chapter 13, Interlocal Cooperation
233 Act, with the authority and duties described in this section.
234 (2) The Legislature strongly encourages school districts to collaborate and cooperate to
235 provide educational services in a manner that will best utilize resources for the overall
236 operation of the public education system.
237 (3) A regional education service agency formed by an interlocal agreement, in
238 accordance with Title 11, Chapter 13, Interlocal Cooperation Act:
239 (a) for an eligible regional education service agency, may receive a distribution
240 described in Subsection (6) if the Legislature appropriates money for eligible regional
241 education service agencies;
242 (b) may apply directly for any grant or program in which an LEA may participate if the
243 agency has the written consent of the LEAs that the agency serves;
244 (c) may receive services from or partner with any department, division, or agency of
245 the state, including coverage by the Division of Risk Management;
246 (d) may recommend educators for licensing;
247 (e) may provide services for students as approved by the regional education service
248 agency's board;
249 (f) may access as necessary LEA systems that the board provides; and
250 (g) does not have authority over the LEAs which the agency serves.
251 (4) A regional education service agency may elect to participate as an employer for
252 retirement programs under:
253 (a) Title 49, Chapter 12, Public Employees' Contributory Retirement Act;
254 (b) Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act; and
255 (c) Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act.
256 (5) (a) If local school boards enter into an interlocal agreement to confirm or formalize
257 a regional education service agency in operation before July 1, 2011, the interlocal agreement
258 may not eliminate any rights or obligations of the regional education service agency in effect
259 before entering into the interlocal agreement.
260 (b) An interlocal agreement entered into to confirm or formalize an existing regional
261 education service agency shall have the effect of confirming and ratifying in the regional
262 education service agency, the title to any property held in the name, or for the benefit of the
263 regional education service agency as of the effective date of the interlocal agreement.
264 (6) (a) The state board shall distribute any funding appropriated to eligible regional
265 education service agencies as provided by the Legislature.
266 (b) The state board may provide funding to an eligible regional education service
267 agency in addition to legislative appropriations.
268 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
269 state board shall make rules regarding regional education service agencies including:
270 (a) the authority, scope, and duties of a regional education service agency;
271 (b) the creation of a regional education service agency coordinating council, including:
272 (i) defining the council's role and authority; and
273 (ii) provisions for the council's membership;
274 (c) the distribution of legislative appropriations to eligible regional education service
275 agencies;
276 (d) the designation of eligible regional education service agencies as agents to
277 distribute Utah Education and Telehealth Network services; and
278 (e) the designation of eligible regional education service agencies as agents for regional
279 coordination of public education and higher education services.
280 (8) The board shall annually:
281 (a) review the funding the Legislature appropriates to support regional education
282 service agencies; and
283 (b) recommend any adjustments as part of the board's annual budget request.
284 (9) Subject to future budgetary constraints, the Legislature shall increase the annual
285 appropriation for regional education service agencies at the same percentage as the annual state
286 labor market increase for state agencies.
287 Section 4. Effective date.
288 This bill takes effect on July 1, 2024.