Rep. Norm Thurston — Voting Record

Utah House District 62 · complete roll-call record from le.utah.gov
← All votes

Bill

Incentive for Effective Teachers in High Poverty Schools
Number
H.B. 212 Third Substitute (2017GS)
Sponsor
Rep. Winder, M.
Final action
Governor Signed 3/24/2017
Outcome
Became law — signed by Gov. Gary R. Herbert

Summary

This bill creates the Effective Teachers in High Poverty Schools Incentive Program.

What it does

  • This bill:
  • creates the Effective Teachers in High Poverty Schools Incentive Program (program);
  • defines terms;
  • authorizes the State Board of Education to award a salary bonus to an eligible teacher;
  • excludes a teacher salary bonus from compensation for purposes of a state retirement program;
  • requires the State Board of Education to evaluate the effectiveness of the program and submit a report to the Education Interim Committee; and
  • makes technical corrections.

Every vote on this bill

2/15/2017House Comm - Substitute Recommendation from # 0 to # 2
House Education Committee
8 0 6not eligible / no record
2/15/2017House Comm - Favorable Recommendation
House Education Committee
6 4 4not eligible / no record
2/27/2017House/ passed 3rd reading
Senate Secretary
51 23 1NAY
3/2/2017Senate Comm - Favorable Recommendation
Senate Education Committee
4 0 3not eligible / no record
3/7/2017Senate/ floor amendment # 2 with verbal amendments
Senate 2nd Reading Calendar
Voice votenot eligible / no record
3/7/2017Senate/ floor amendment # Verbal
Senate 2nd Reading Calendar
Voice votenot eligible / no record
3/7/2017Senate/ passed 2nd & 3rd readings/ suspension
Clerk of the House
26 0 3not eligible / no record
3/7/2017Senate/ motion to reconsider
Senate Secretary
Voice votenot eligible / no record
3/7/2017Senate/ floor amendment # 3
Senate 2nd Reading Calendar
Voice votenot eligible / no record
3/7/2017Senate/ passed 2nd & 3rd readings/ suspension
Clerk of the House
25 0 4not eligible / no record
3/8/2017House/ concurs with Senate amendment
Senate President
52 21 2NAY
3/8/2017Senate/ motion to reconsider
Senate Secretary
Voice votenot eligible / no record
3/8/2017Senate/ substituted from # 2 to # 3
Senate 3rd Reading Calendar
Voice votenot eligible / no record
3/8/2017Senate/ passed 3rd reading
Clerk of the House
24 0 5not eligible / no record

Bill text

enrolled version · official source
INCENTIVE FOR EFFECTIVE TEACHERS IN
 HIGH POVERTY SCHOOLS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mike Winder
Senate Sponsor: 
Lyle W. Hillyard
Cosponsors:
Stewart E. Barlow
Walt Brooks
LaVar Christensen
Brad M. Daw
James A. Dunnigan
Rebecca P. Edwards
Steve Eliason
Stephen G. Handy
Ken Ivory
John Knotwell
Michael E. Noel
Jeremy A. Peterson
Val K. Potter
Susan Pulsipher
V. Lowry Snow
Raymond P. Ward
Christine F. Watkins
Brad R. Wilson
LONG TITLE
General Description:
This bill creates the Effective Teachers in High Poverty Schools Incentive Program.
Highlighted Provisions:
This bill:
▸ creates the Effective Teachers in High Poverty Schools Incentive Program
(program);
▸ defines terms;
▸ authorizes the State Board of Education to award a salary bonus to an eligible
teacher;
▸ excludes a teacher salary bonus from compensation for purposes of a state
retirement program;
▸ requires the State Board of Education to evaluate the effectiveness of the program
and submit a report to the Education Interim Committee; and
▸ makes technical corrections.
Money Appropriated in this Bill:
This bill appropriates for fiscal year 2018:
▸ to the State Board of Education -- Minimum School Program -- Related to Basic
School Program, as an ongoing appropriation:
• from the Education Fund, $250,000.
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
49-12-102
, as last amended by Laws of Utah 2016, Chapters 227 and 304
49-13-102
, as last amended by Laws of Utah 2016, Chapters 227 and 304
49-22-102
, as last amended by Laws of Utah 2016, Chapters 227 and 304
ENACTS:
53A-17a-173
, Utah Code Annotated 1953
Utah Code Sections Affected by Coordination Clause:
53A-17a-173
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
49-12-102
 is amended to read:
49-12-102.
Definitions.
As used in this chapter:
(1) "Benefits normally provided":
(a) means a benefit offered by an employer, including:
(i) a leave benefit of any kind;
(ii) insurance coverage of any kind if the employer pays some or all of the premium for
the coverage;
(iii) employer contributions to a health savings account, health reimbursement account,
health reimbursement arrangement, or medical expense reimbursement plan; and
(iv) a retirement benefit of any kind if the employer pays some or all of the cost of the
benefit; and
(b) does not include:
(i) a payment for social security;
(ii) workers' compensation insurance;
(iii) unemployment insurance;
(iv) a payment for Medicare;
(v) a payment or insurance required by federal or state law that is similar to a payment
or insurance listed in Subsection (1)(b)(i), (ii), (iii), or (iv);
(vi) any other benefit that state or federal law requires an employer to provide an
employee who would not otherwise be eligible to receive the benefit; or
(vii) any benefit that an employer provides an employee in order to avoid a penalty or
tax under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148 and the Health
Care Education Reconciliation Act of 2010, Pub. L. No. 111-152, and related federal
regulations, including a penalty imposed by Internal Revenue Code, Section 4980H.
(2) (a) "Compensation" means, except as provided in Subsection (2)(c), the total
amount of payments made by a participating employer to a member of this system for services
rendered to the participating employer, including:
(i) bonuses;
(ii) cost-of-living adjustments;
(iii) other payments currently includable in gross income and that are subject to social
security deductions, including any payments in excess of the maximum amount subject to
deduction under social security law;
(iv) amounts that the member authorizes to be deducted or reduced for salary deferral
or other benefits authorized by federal law; and
(v) member contributions.
(b) "Compensation" for purposes of this chapter may not exceed the amount allowed
under Internal Revenue Code, Section 401(a)(17).
(c) "Compensation" does not include:
(i) the monetary value of remuneration paid in kind, including a residence or use of
equipment;
(ii) the cost of any employment benefits paid for by the participating employer;
(iii) compensation paid to a temporary employee, an exempt employee, or an employee
otherwise ineligible for service credit;
(iv) any payments upon termination, including accumulated vacation, sick leave
payments, severance payments, compensatory time payments, or any other special payments;
[
or
]
(v) any allowances or payments to a member for costs or expenses paid by the
participating employer, including automobile costs, uniform costs, travel costs, tuition costs,
housing costs, insurance costs, equipment costs, and dependent care costs[
.
]
; or
(vi) a teacher salary bonus described in Section 
53A-17a-172
.
(d) The executive director may determine if a payment not listed under this Subsection
(2) falls within the definition of compensation.
(3) "Final average salary" means the amount calculated by averaging the highest five
years of annual compensation preceding retirement subject to Subsections (3)(a), (b), (c), (d),
and (e).
(a) Except as provided in Subsection (3)(b), the percentage increase in annual
compensation in any one of the years used may not exceed the previous year's compensation by
more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
of the dollar during the previous year, as measured by a United States Bureau of Labor
Statistics Consumer Price Index average as determined by the board.
(b) In cases where the participating employer provides acceptable documentation to the
office, the limitation in Subsection (3)(a) may be exceeded if:
(i) the member has transferred from another agency; or
(ii) the member has been promoted to a new position.
(c) If the member retires more than six months from the date of termination of
employment, the member is considered to have been in service at the member's last rate of pay
from the date of the termination of employment to the effective date of retirement for purposes
of computing the member's final average salary only.
(d) If the member has less than five years of service credit in this system, final average
salary means the average annual compensation paid to the member during the full period of
service credit.
(e) The annual compensation used to calculate final average salary shall be based on:
(i) a calendar year for a member employed by a participating employer that is not an
educational institution; or
(ii) a contract year for a member employed by an educational institution.
(4) "Participating employer" means an employer which meets the participation
requirements of Sections 
49-12-201
 and 
49-12-202
.
(5) (a) "Regular full-time employee" means an employee whose term of employment
for a participating employer contemplates continued employment during a fiscal or calendar
year and whose employment normally requires an average of 20 hours or more per week,
except as modified by the board, and who receives benefits normally provided by the
participating employer.
(b) "Regular full-time employee" includes:
(i) a teacher whose term of employment for a participating employer contemplates
continued employment during a school year and who teaches half-time or more;
(ii) a classified school employee:
(A) who is hired before July 1, 2013; and
(B) whose employment normally requires an average of 20 hours per week or more for
a participating employer, regardless of benefits provided;
(iii) an officer, elective or appointive, who earns $500 or more per month, indexed as
of January 1, 1990, as provided in Section 
49-12-407
;
(iv) a faculty member or employee of an institution of higher education who is
considered full-time by that institution of higher education; and
(v) an individual who otherwise meets the definition of this Subsection (5) who
performs services for a participating employer through a professional employer organization or
similar arrangement.
(c) "Regular full-time employee" does not include a classified school employee:
(i) (A) who is hired on or after July 1, 2013; and
(B) who does not receive benefits normally provided by the participating employer
even if the employment normally requires an average of 20 hours per week or more for a
participating employer;
(ii) (A) who is hired before July 1, 2013;
(B) who did not qualify as a regular full-time employee before July 1, 2013;
(C) who does not receive benefits normally provided by the participating employer;
and
(D) whose employment hours are increased on or after July 1, 2013, to require an
average of 20 hours per week or more for a participating employer; or
(iii) who is a person working on a contract:
(A) for the purposes of vocational rehabilitation and the employment and training of
people with significant disabilities; and
(B) that has been set aside from procurement requirements by the state pursuant to
Section 
63G-6a-805
 or the federal government pursuant to 41 U.S.C. Sec. 8501 et seq.
(6) "System" means the Public Employees' Contributory Retirement System created
under this chapter.
(7) "Years of service credit" means:
(a) a period consisting of 12 full months as determined by the board;
(b) a period determined by the board, whether consecutive or not, during which a
regular full-time employee performed services for a participating employer, including any time
the regular full-time employee was absent on a paid leave of absence granted by a participating
employer or was absent in the service of the United States government on military duty as
provided by this chapter; or
(c) the regular school year consisting of not less than eight months of full-time service
for a regular full-time employee of an educational institution.
Section 2. Section 
49-13-102
 is amended to read:
49-13-102.
Definitions.
As used in this chapter:
(1) "Benefits normally provided" has the same meaning as defined in Section
49-12-102
.
(2) (a) Except as provided in Subsection (2)(c), "compensation" means the total
amount of payments made by a participating employer to a member of this system for services
rendered to the participating employer, including:
(i) bonuses;
(ii) cost-of-living adjustments;
(iii) other payments currently includable in gross income and that are subject to social
security deductions, including any payments in excess of the maximum amount subject to
deduction under social security law; and
(iv) amounts that the member authorizes to be deducted or reduced for salary deferral
or other benefits authorized by federal law.
(b) "Compensation" for purposes of this chapter may not exceed the amount allowed
under Internal Revenue Code, Section 401(a)(17).
(c) "Compensation" does not include:
(i) the monetary value of remuneration paid in kind, including a residence or use of
equipment;
(ii) the cost of any employment benefits paid for by the participating employer;
(iii) compensation paid to a temporary employee, an exempt employee, or an employee
otherwise ineligible for service credit;
(iv) any payments upon termination, including accumulated vacation, sick leave
payments, severance payments, compensatory time payments, or any other special payments;
[
or
]
(v) any allowances or payments to a member for costs or expenses paid by the
participating employer, including automobile costs, uniform costs, travel costs, tuition costs,
housing costs, insurance costs, equipment costs, and dependent care costs[
.
]
; or
(vi) a teacher salary bonus described in Section 
53A-17a-172
.
(d) The executive director may determine if a payment not listed under this Subsection
(2) falls within the definition of compensation.
(3) "Final average salary" means the amount calculated by averaging the highest three
years of annual compensation preceding retirement subject to Subsections (3)(a), (b), (c), and
(d).
(a) Except as provided in Subsection (3)(b), the percentage increase in annual
compensation in any one of the years used may not exceed the previous year's compensation by
more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
of the dollar during the previous year, as measured by a United States Bureau of Labor
Statistics Consumer Price Index average as determined by the board.
(b) In cases where the participating employer provides acceptable documentation to the
office, the limitation in Subsection (3)(a) may be exceeded if:
(i) the member has transferred from another agency; or
(ii) the member has been promoted to a new position.
(c) If the member retires more than six months from the date of termination of
employment and for purposes of computing the member's final average salary only, the
member is considered to have been in service at the member's last rate of pay from the date of
the termination of employment to the effective date of retirement.
(d) The annual compensation used to calculate final average salary shall be based on:
(i) a calendar year for a member employed by a participating employer that is not an
educational institution; or
(ii) a contract year for a member employed by an educational institution.
(4) "Participating employer" means an employer which meets the participation
requirements of Sections 
49-13-201
 and 
49-13-202
.
(5) (a) "Regular full-time employee" means an employee whose term of employment
for a participating employer contemplates continued employment during a fiscal or calendar
year and whose employment normally requires an average of 20 hours or more per week,
except as modified by the board, and who receives benefits normally provided by the
participating employer.
(b) "Regular full-time employee" includes:
(i) a teacher whose term of employment for a participating employer contemplates
continued employment during a school year and who teaches half time or more;
(ii) a classified school employee:
(A) who is hired before July 1, 2013; and
(B) whose employment normally requires an average of 20 hours per week or more for
a participating employer, regardless of benefits provided;
(iii) an officer, elective or appointive, who earns $500 or more per month, indexed as
of January 1, 1990, as provided in Section 
49-13-407
;
(iv) a faculty member or employee of an institution of higher education who is
considered full time by that institution of higher education; and
(v) an individual who otherwise meets the definition of this Subsection (5) who
performs services for a participating employer through a professional employer organization or
similar arrangement.
(c) "Regular full-time employee" does not include a classified school employee:
(i) (A) who is hired on or after July 1, 2013; and
(B) who does not receive benefits normally provided by the participating employer
even if the employment normally requires an average of 20 hours per week or more for a
participating employer;
(ii) (A) who is hired before July 1, 2013;
(B) who did not qualify as a regular full-time employee before July 1, 2013;
(C) who does not receive benefits normally provided by the participating employer;
and
(D) whose employment hours are increased on or after July 1, 2013, to require an
average of 20 hours per week or more for a participating employer; or
(iii) who is a person working on a contract:
(A) for the purposes of vocational rehabilitation and the employment and training of
people with significant disabilities; and
(B) that has been set aside from procurement requirements by the state pursuant to
Section 
63G-6a-805
 or the federal government pursuant to 41 U.S.C. Sec. 8501 et seq.
(6) "System" means the Public Employees' Noncontributory Retirement System.
(7) "Years of service credit" means:
(a) a period consisting of 12 full months as determined by the board;
(b) a period determined by the board, whether consecutive or not, during which a
regular full-time employee performed services for a participating employer, including any time
the regular full-time employee was absent on a paid leave of absence granted by a participating
employer or was absent in the service of the United States government on military duty as
provided by this chapter; or
(c) the regular school year consisting of not less than eight months of full-time service
for a regular full-time employee of an educational institution.
Section 3. Section 
49-22-102
 is amended to read:
49-22-102.
 Definitions.
As used in this chapter:
(1) "Benefits normally provided" has the same meaning as defined in Section
49-12-102
.
(2) (a) "Compensation" means, except as provided in Subsection (2)(c), the total
amount of payments made by a participating employer to a member of this system for services
rendered to the participating employer, including:
(i) bonuses;
(ii) cost-of-living adjustments;
(iii) other payments currently includable in gross income and that are subject to social
security deductions, including any payments in excess of the maximum amount subject to
deduction under social security law;
(iv) amounts that the member authorizes to be deducted or reduced for salary deferral
or other benefits authorized by federal law; and
(v) member contributions.
(b) "Compensation" for purposes of this chapter may not exceed the amount allowed
under Internal Revenue Code, Section 401(a)(17).
(c) "Compensation" does not include:
(i) the monetary value of remuneration paid in kind, including a residence or use of
equipment;
(ii) the cost of any employment benefits paid for by the participating employer;
(iii) compensation paid to a temporary employee or an employee otherwise ineligible
for service credit;
(iv) any payments upon termination, including accumulated vacation, sick leave
payments, severance payments, compensatory time payments, or any other special payments;
[
or
]
(v) any allowances or payments to a member for costs or expenses paid by the
participating employer, including automobile costs, uniform costs, travel costs, tuition costs,
housing costs, insurance costs, equipment costs, and dependent care costs[
.
]
; or
(vi) a teacher salary bonus described in Section 
53A-17a-172
.
(d) The executive director may determine if a payment not listed under this Subsection
(2) falls within the definition of compensation.
(3) "Corresponding Tier I system" means the system or plan that would have covered
the member if the member had initially entered employment before July 1, 2011.
(4) "Final average salary" means the amount calculated by averaging the highest five
years of annual compensation preceding retirement subject to Subsections (4)(a), (b), (c), (d),
and (e).
(a) Except as provided in Subsection (4)(b), the percentage increase in annual
compensation in any one of the years used may not exceed the previous year's compensation by
more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
of the dollar during the previous year, as measured by a United States Bureau of Labor
Statistics Consumer Price Index average as determined by the board.
(b) In cases where the participating employer provides acceptable documentation to the
office, the limitation in Subsection (4)(a) may be exceeded if:
(i) the member has transferred from another agency; or
(ii) the member has been promoted to a new position.
(c) If the member retires more than six months from the date of termination of
employment, the member is considered to have been in service at the member's last rate of pay
from the date of the termination of employment to the effective date of retirement for purposes
of computing the member's final average salary only.
(d) If the member has less than five years of service credit in this system, final average
salary means the average annual compensation paid to the member during the full period of
service credit.
(e) The annual compensation used to calculate final average salary shall be based on:
(i) a calendar year for a member employed by a participating employer that is not an
educational institution; or
(ii) a contract year for a member employed by an educational institution.
(5) "Participating employer" means an employer which meets the participation
requirements of:
(a) Sections 
49-12-201
 and 
49-12-202
;
(b) Sections 
49-13-201
 and 
49-13-202
;
(c) Section 
49-19-201
; or
(d) Section 
49-22-201
 or 
49-22-202
.
(6) (a) "Regular full-time employee" means an employee whose term of employment
for a participating employer contemplates continued employment during a fiscal or calendar
year and whose employment normally requires an average of 20 hours or more per week,
except as modified by the board, and who receives benefits normally provided by the
participating employer.
(b) "Regular full-time employee" includes:
(i) a teacher whose term of employment for a participating employer contemplates
continued employment during a school year and who teaches half time or more;
(ii) a classified school employee:
(A) who is hired before July 1, 2013; and
(B) whose employment normally requires an average of 20 hours per week or more for
a participating employer, regardless of benefits provided;
(iii) an appointive officer whose appointed position is full time as certified by the
participating employer;
(iv) the governor, the lieutenant governor, the state auditor, the state treasurer, the
attorney general, and a state legislator;
(v) an elected official not included under Subsection (6)(b)(iv) whose elected position
is full time as certified by the participating employer;
(vi) a faculty member or employee of an institution of higher education who is
considered full time by that institution of higher education; and
(vii) an individual who otherwise meets the definition of this Subsection (6) who
performs services for a participating employer through a professional employer organization or
similar arrangement.
(c) "Regular full-time employee" does not include:
(i) a firefighter service employee as defined in Section 
49-23-102
;
(ii) a public safety service employee as defined in Section 
49-23-102
;
(iii) a classified school employee:
(A) who is hired on or after July 1, 2013; and
(B) who does not receive benefits normally provided by the participating employer
even if the employment normally requires an average of 20 hours per week or more for a
participating employer;
(iv) a classified school employee:
(A) who is hired before July 1, 2013;
(B) who did not qualify as a regular full-time employee before July 1, 2013;
(C) who does not receive benefits normally provided by the participating employer;
and
(D) whose employment hours are increased on or after July 1, 2013, to require an
average of 20 hours per week or more for a participating employer; or
(E) who is a person working on a contract:
(I) for the purposes of vocational rehabilitation and the employment and training of
people with significant disabilities; and
(II) that has been set aside from procurement requirements by the state pursuant to
Section 
63G-6a-805
 or the federal government pursuant to 41 U.S.C. Sec. 8501 et seq.
(7) "System" means the New Public Employees' Tier II Contributory Retirement
System created under this chapter.
(8) "Years of service credit" means:
(a) a period consisting of 12 full months as determined by the board;
(b) a period determined by the board, whether consecutive or not, during which a
regular full-time employee performed services for a participating employer, including any time
the regular full-time employee was absent on a paid leave of absence granted by a participating
employer or was absent in the service of the United States government on military duty as
provided by this chapter; or
(c) the regular school year consisting of not less than eight months of full-time service
for a regular full-time employee of an educational institution.
Section 4. Section 
53A-17a-173
 is enacted to read:
 53A-17a-173.
Effective Teachers in High Poverty Schools Incentive Program --
Salary bonus -- Evaluation.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Cohort" means a group of students, defined by the year in which the group enters
grade 1.
(c) "Eligible teacher" means a teacher who:
(i) is employed as a teacher in a high poverty school at the time the teacher is
considered by the board for a salary bonus; and
(ii) achieves a median growth percentile of 70 or higher:
(A) a full school year before the school year the eligible teacher is being considered by
the board for a salary bonus under this section, regardless of whether the teacher was employed
the previous school year by a high poverty school or a different public school; and
(B) while teaching at any public school in the state a course for which a statewide
criterion-referenced test or online computer adaptive test is administered as described in
Section 
53A-1-603
.
(d) "High poverty school" means a public school:
(i) in which:
(A) more than 20% of the enrolled students are classified as children affected by
intergenerational poverty; or
(B) 70% or more of the enrolled students qualify for free or reduced lunch; or
(ii) (A) that has previously met the criteria described in Subsection (1)(d)(i)(A) and for
each school year since meeting that criteria at least 15% of the enrolled students at the public
school have been classified as children affected by intergenerational poverty; or
(B) that has previously met the criteria described in Subsection (1)(d)(i)(B) and for
each school year since meeting that criteria at least 60% of the enrolled students at the public
school have qualified for free or reduced lunch.
(e) "Intergenerational poverty" means the same as that term is defined in Section
35A-9-102
.
(f) "Median growth percentile" means a number that describes the comparative
effectiveness of a teacher in helping the teacher's students achieve growth in a year by
identifying the median student growth percentile of all the students a teacher instructs.
(g) "Program" means the Effective Teachers in High Poverty Schools Incentive
Program created in Subsection (2).
(h) "Student growth percentile" is a number that describes where a student ranks in
comparison to the student's cohort.
(2) (a) The Effective Teachers in High Poverty Schools Incentive Program is created to
provide an annual salary bonus for an eligible teacher.
(b) The board shall, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules for:
(i) the administration of the program;
(ii) payment of a salary bonus; and
(iii) application requirements.
(c) The board shall make an annual salary bonus payment in a fiscal year that begins on
July 1, 2017, and each fiscal year thereafter in which money is appropriated for the program.
(3) (a) Subject to future budget constraints, the Legislature shall annually appropriate
money to fund the program.
(b) Money appropriated for the program shall include money for the following
employer-paid benefits:
(i) social security; and
(ii) Medicare.
(4) (a) (i) A charter school or school district school shall annually apply to the board on
behalf of an eligible teacher for an eligible teacher to receive an annual salary bonus each year
that the teacher is an eligible teacher.
(ii) A teacher need not be an eligible teacher in consecutive years to receive the
increased annual salary bonus described in Subsection (4)(b).
(b) The annual salary bonus for an eligible teacher is $5,000.
(c) A public school that applies on behalf of an eligible teacher under Subsection
(4)(a)(i) shall pay half of the salary bonus described in Subsection (4)(b) each year the eligible
teacher is awarded the salary bonus.
(d) The board shall award a salary bonus to an eligible teacher based on the order that
an application from a public school on behalf of the eligible teacher is received.
(5) The board shall:
(a) determine if a teacher is an eligible teacher; and
(b) verify, as needed, the determinations made under Subsection (5)(a) with the school
district and school district administrators.
(6) The board shall:
(a) distribute money from the program to school districts and charter schools in
accordance with this section and board rule; and
(b) include the employer-paid benefits described in Subsection (3)(b) in addition to the
salary bonus amount described in Subsection (4)(b).
(7) Money received from the program shall be used by a school district or charter
school to provide an annual salary bonus equal to the amount specified in Subsection (4)(b) for
each eligible teacher and to pay affiliated employer-paid benefits described in Subsection
(3)(b).
(8) (a) After the third year salary bonus payments are made, and each succeeding year,
the board shall evaluate the extent to which a salary bonus described in this section improves
recruitment and retention of effective teachers in high poverty schools by at least:
(i) surveying teachers who receive the salary bonus; and
(ii) examining turnover rates of teachers who receive the salary bonus compared to
teachers who do not receive the salary bonus.
(b) Each year that the board conducts an evaluation described in Subsection (8)(a), the
board shall, in accordance with Section 
68-3-14
, submit a report on the results of the evaluation
to the Education Interim Committee on or before November 30.
(9) A public school shall annually notify a teacher:
(a) of the teacher's median growth percentile; and
(b) how the teacher's median growth percentile is calculated.
(10) Notwithstanding this section, if the appropriation for the program is insufficient to
cover the costs associated with salary bonuses, the board may limit or reduce a salary bonus.
Section 5. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To State Board of Education -- Minimum School Program -- Related to Basic Program
From Education Fund
$250,000
 Schedule of Programs:
 Effective Teachers in High Poverty
 Schools Incentive Program
$250,000
The Legislature intends that the State Board of Education use the $250,000 ongoing
appropriation described in this section to award a salary bonus and pay an authorized
employer-paid benefit to an eligible teacher as part of the program described in Section
53A-17a-172
.
Section 6. 
 Coordinating H.B. 212 with S.B. 220 -- Substantive and technical
amendments.
If this H.B. 212 and S.B. 220, Student Assessment and School Accountability
Amendments, both pass and become law, it is the intent of the Legislature that the Office of
Legislative Research and General Counsel prepare the Utah Code database for publication by
modifying Subsection 
53A-17a-173
(1)(c)(ii)(B) to read:
"(B) while teaching at any public school in the state a course for which a standards
assessment is administered as described in Section 
53A-1-604
.".