Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 331 First Substitute (2016GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the State Board of Education to make recommendations on reporting certain school expenditures;
• enacts language related to reimbursement for a teacher who receives a certificate;
• amends the Teacher Salary Supplement Program to include certain certificate teachers; and
• makes technical and conforming corrections.

Every vote on this bill

Bill text

EDUCATION PROVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Howard A. Stephenson
LONG TITLE
General Description:
This bill enacts provisions related to school expenditure reporting and funding for
educators.
Highlighted Provisions:
This bill:
▸ requires the State Board of Education to make recommendations on reporting
certain school expenditures;
▸ enacts language related to reimbursement for a teacher who receives a certificate;
▸ amends the Teacher Salary Supplement Program to include certain certificate
teachers; and
▸ makes technical and conforming corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-17a-156
, as last amended by Laws of Utah 2015, Chapter 122
ENACTS:
53A-1-414
, Utah Code Annotated 1953
53A-6-114
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1-414
 is enacted to read:
 53A-1-414.
School expenditures -- Report.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Local education agency" or "LEA" means:
(i) a school district; or
(ii) a charter school.
(c) "Teacher" means an individual employed by an LEA who:
(i) is licensed under Title 53A, Chapter 6, Educator Licensing and Professional
Practices Act; and
(ii) has an assignment to teach in a classroom.
(2) (a) On or before October 31, 2017, the board or the board's designee shall make
recommendations to the Education Interim Committee regarding the feasibility of reporting
certain school level expenditures on the board's website.
(b) The school level expenditures to be reported on the board's website may include the
following information:
(i) total teacher salary expenditures;
(ii) capital expenditures;
(iii) overhead and other expenditures not reported under Subsection (2)(b)(i) or (ii);
(iv) the average per pupil funding; and
(v) the percent of teacher turnover from the prior school year.
(3) An LEA shall provide the information described in Subsection (2)(b) as requested
by the board or the board's designee.
Section 2. Section 
53A-6-114
 is enacted to read:
 53A-6-114.
National Board certification reimbursement.
(1) As used in this section:
(a) "Eligible educator" means an educator who:
(i) holds a current National Board certification; and
(ii) is employed as an educator by an LEA.
(b) "Local education agency" or "LEA" means:
(i) a school district;
(ii) a charter school; or
(iii) the Utah Schools for the Deaf and the Blind.
(2) (a) Subject to legislative appropriations and Subsection (2)(b), the board shall
reimburse an eligible educator for the cost to attain or renew a National Board certification.
(b) The board may only issue a reimbursement under Subsection (2)(a) for a
certification attained or renewed after July 1, 2016.
(3) The board shall reimburse an eligible educator under this section on a first come,
first served basis.
(4) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, specifying procedures and timelines for reimbursing costs
under Subsection (2).
Section 3. Section 
53A-17a-156
 is amended to read:
53A-17a-156.
Teacher Salary Supplement Program -- Appeal process.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Certificate teacher" means a teacher who holds a National Board certification.
[
(b)
] 
(c)
 "Eligible teacher" means a teacher who:
(i) has an assignment to teach:
(A) a secondary school level mathematics course;
(B) integrated science in grade seven or eight;
(C) chemistry;
(D) physics; or
(E) computer science;
(ii) holds the appropriate endorsement for the assigned course;
(iii) has qualifying educational background; and
(iv) (A) is a new employee; or
(B) received a satisfactory rating or above on the teacher's most recent evaluation.
(d) "National Board certification" means the same as that term is defined in Section
53A-6-103
.
[
(c)
] 
(e)
 "Qualifying educational background" means:
(i) for a teacher who is assigned a secondary school level mathematics course:
(A) a bachelor's degree major, master's degree, or doctoral degree in mathematics; or
(B) a bachelor's degree major, master's degree, or doctoral degree that has course
requirements that are substantially equivalent to the course requirements for a bachelor's degree
major, master's degree, or doctoral degree in mathematics;
(ii) for a teacher who is assigned a grade seven or eight integrated science course,
chemistry course, or physics course, a bachelor's degree major, master's degree, or doctoral
degree in:
(A) integrated science;
(B) chemistry;
(C) physics;
(D) physical science;
(E) general science; or
(F) a bachelor's degree major, master's degree, or doctoral degree that has course
requirements that are substantially equivalent to the course requirements of those required for a
degree listed in Subsections (1)[
(c)
]
(e)
(ii)(A) through (E);
(iii) for a teacher who is assigned a computer science course, a bachelor's degree major,
master's degree, or doctoral degree in:
(A) computer science;
(B) computer information technology; or
(C) a bachelor's degree major, master's degree, or doctoral degree that has course
requirements that are substantially equivalent to the course requirements of those required for a
degree listed in Subsections (1)[
(c)
]
(e)
(iii)(A) and (B).
(f) "Title I school" means a school that receives funds under the Elementary and
Secondary Education Act of 1965, Title I, 20 U.S.C. Sec. 6301 et seq.
(g) "Title I school certificate teacher" means a certificate teacher who is assigned to
teach at a Title I school.
(2) (a) Subject to future budget constraints, the Legislature shall annually appropriate
money to the Teacher Salary Supplement Restricted Account established in Section
53A-17a-157
 to fund the Teacher Salary Supplement Program.
(b) Money appropriated for the Teacher Salary Supplement Program shall include
money for the following employer-paid benefits:
(i) retirement;
(ii) workers' compensation;
(iii) Social Security; and
(iv) Medicare.
(3) (a) 
(i)
 The annual salary supplement for an eligible teacher who is assigned full
time to teach one or more courses listed in Subsections (1)[
(b)
]
(c)
(i)(A) through (E) is $4,100.
[
(b)
] 
(ii)
 An eligible teacher who has a part-time assignment to teach one or more
courses listed in Subsections (1)[
(b)
]
(c)
(i)(A) through (E) shall receive a partial salary
supplement based on the number of hours worked in a course assignment that meets the
requirements of Subsections (1)[
(b)
]
(c)
(ii) and (iii).
(b) The annual salary supplement for a certificate teacher is $750.
(c) (i) The annual salary supplement for a Title I school certificate teacher is $1,500.
(ii) A certificate teacher who qualifies for a salary supplement under Subsections (3)(b)
and (c) may only receive the salary supplement that is greater in value.
(4) The board shall:
(a) create an online application system for a teacher to apply to receive a salary
supplement through the Teacher Salary Supplement Program;
(b) determine if a teacher:
(i) 
(A)
 is an eligible teacher; and
[
(ii)
] 
(B)
 has a course assignment as listed in Subsections (1)[
(b)
]
(c)
(i)(A) through (E);
[
and
]
(ii) is a certificate teacher; or
(iii) is a Title I school certificate teacher;
(c) verify, as needed, the determinations made under Subsection (4)(b) with school
district and school administrators[
.
]
; and
(d) certify a list of eligible teachers, certificate teachers, and Title I school certificate
teachers.
(5) (a) An eligible teacher
, a certificate teacher, or a Title I school certificate teacher
shall apply with the board before the conclusion of a school year to receive the salary
supplement authorized in this section.
(b) An eligible teacher
, a certificate teacher, or a Title I school certificate teacher
 may
apply with the board, after verification that the requirements under this section have been
satisfied, to receive a salary supplement after the completion of:
(i) the school year as an annual award; or
(ii) a semester or trimester as a partial award based on the portion of the school year
that has been completed.
(6) (a) The board shall establish and administer an appeal process for a teacher to
follow if the teacher applies for the salary supplement and is not certified under Subsection (4).
(b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
appeal 
eligibility as an eligible teacher
 on the basis that the teacher has a degree or degree
major with course requirements that are substantially equivalent to the course requirements for
a degree listed in:
(A) Subsection (1)[
(c)
]
(e)
(i)(A);
(B) Subsections (1)[
(c)
]
(e)
(ii)(A) through (E); or
(C) Subsections (1)[
(c)
]
(e)
(iii)(A) and (B).
(ii) A teacher shall provide transcripts and other documentation to the board in order
for the board to determine if the teacher has a degree or degree major with course requirements
that are substantially equivalent to the course requirements for a degree listed in:
(A) Subsection (1)[
(c)
]
(e)
(i)(A);
(B) Subsections (1)[
(c)
]
(e)
(ii)(A) through (E); or
(C) Subsections (1)[
(c)
]
(e)
(iii)(A) and (B).
(c) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
appeal eligibility as a certificate teacher on the basis that the teacher holds a current certificate.
(ii) A teacher shall provide to the board a certificate or other related documentation in
order for the board to determine if the teacher holds a current certificate.
(d) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
appeal eligibility as a Title I school certificate teacher on the basis that the teacher:
(A) holds a current certificate; and
(B) is assigned to teach at a Title I school.
(ii) A teacher shall provide to the board:
(A) information described in Subsection (6)(c)(ii); and
(B) verification that the teacher is assigned to teach at a Title I school.
(7) (a) The board shall distribute money from the Teacher Salary Supplement
Restricted Account to school districts and charter schools for the Teacher Salary Supplement
Program in accordance with the provisions of this section.
(b) The board shall include the employer-paid benefits described under Subsection
(2)(b) in the amount of each salary supplement.
(c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
salary supplement limits described under Subsection (3).
(8) (a) Money received from the Teacher Salary Supplement Restricted Account shall
be used by a school district or charter school to provide a salary supplement equal to the
amount specified in Subsection (3) for each eligible teacher
, certificate teacher, or Title I
school certificate teacher
.
(b) The salary supplement is part of the teacher's base pay, subject to the teacher's
qualification as an eligible teacher
, a certificate teacher, or a Title I school certificate teacher
every year, semester, or trimester.
(9) Notwithstanding the provisions of this section, if the appropriation for the program
is insufficient to cover the costs associated with salary supplements, the board may limit or
reduce the salary supplements.