Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 141 (2020GS)

Sponsor

Rep. Potter, V.

Final action

Governor Signed 3/30/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• provides for the inclusion of social workers licensed by the Division of Occupational and Professional Licensing in certain education funding formulas and programs;
• makes discretionary a requirement that the State Board of Education distribute funds under the Teacher Salary Supplement Program on a pro rata basis under certain circumstances; and
• makes technical changes.

Every vote on this bill

Bill text

EDUCATOR SALARY INCENTIVE PROGRAM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Val K. Potter
Senate Sponsor: 
Lyle W. Hillyard
LONG TITLE
General Description:
This bill amends provisions regarding educator salaries and incentives.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides for the inclusion of social workers licensed by the Division of
Occupational and Professional Licensing in certain education funding formulas and
programs;
▸ makes discretionary a requirement that the State Board of Education distribute
funds under the Teacher Salary Supplement Program on a pro rata basis under
certain circumstances; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53F-2-305
, as last amended by Laws of Utah 2019, Chapter 186
53F-2-405
, as last amended by Laws of Utah 2019, Chapter 186
53F-2-504
, as last amended by Laws of Utah 2019, Chapters 134, 186, and 283
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53F-2-305
 is amended to read:
53F-2-305.
Professional staff weighted pupil units.
(1) Professional staff weighted pupil units are computed and distributed in accordance
with the following schedule:
(a) Professional Staff Cost Formula
Years of
Experience
Bachelor's
Degree
Bachelor's
+30 Qt. Hr.
Master's
Degree
Master's
Degree
+45 Qt. Hr.
Doctorate
1.00
1.05
1.10
1.15
1.20
1.05
1.10
1.15
1.20
1.25
1.10
1.15
1.20
1.25
1.30
1.15
1.20
1.25
1.30
1.35
1.20
1.25
1.30
1.35
1.40
1.25
1.30
1.35
1.40
1.45
1.30
1.35
1.40
1.45
1.50
1.35
1.40
1.45
1.50
1.55
1.50
1.55
1.60
1.60
1.65
1.70
(b) Multiply the number of full-time or equivalent professional personnel in each
applicable experience category in Subsection (1)(a) by the applicable weighting factor.
(c) Divide the total of Subsection (1)(b) by the number of professional personnel
included in Subsection (1)(b) and reduce the quotient by 1.00.
(d) Multiply the result of Subsection (1)(c) by 1/4 of the weighted pupil units computed
in accordance with Sections 
53F-2-302
 and 
53F-2-304
.
(2) The state board shall enact rules that require a certain percentage of a school
district's or charter school's professional staff to be certified in the area in which the staff
teaches in order for the school district or charter school to receive full funding under the
schedule.
(3) If an individual's teaching experience is a factor in negotiating a contract of
employment to teach in the state's public schools, then the LEA governing board is encouraged
to accept as credited experience all of the years the individual has taught in the state's public
schools.
(4) The professional personnel described in Subsection (1) shall include an individual
employed by a school district, charter school, or the Utah Schools for the Deaf and the Blind
who holds:
(a) a license in the field of social work issued by the Division of Occupational and
Professional Licensing; and
(b) a position as a social worker.
Section 2. Section 
53F-2-405
 is amended to read:
53F-2-405.
Educator salary adjustments.
(1) As used in this section, "educator" means a person employed by a school district,
charter school, or the Utah Schools for the Deaf and the Blind who holds:
(a) 
(i)
 a license issued by the state board; and
[
(b)
] 
(ii)
 a position as a:
[
(i)
] 
(A)
 classroom teacher;
[
(ii)
] 
(B)
 speech pathologist;
[
(iii)
] 
(C)
 librarian or media specialist;
[
(iv)
] 
(D)
 preschool teacher;
[
(v)
] 
(E)
 mentor teacher;
[
(vi)
] 
(F)
 teacher specialist or teacher leader;
[
(vii)
] 
(G)
 guidance counselor;
[
(viii)
] 
(H)
 audiologist;
[
(ix)
] 
(I)
 psychologist; or
[
(x)
] 
(J)
 social worker[
.
]
; or
(b) (i) a license issued by the Division of Occupational and Professional Licensing; and
(ii) a position as a social worker.
(2) In recognition of the need to attract and retain highly skilled and dedicated
educators, the Legislature shall annually appropriate money for educator salary adjustments,
subject to future budget constraints.
(3) Money appropriated to the state board for educator salary adjustments shall be
distributed to school districts, charter schools, and the Utah Schools for the Deaf and the Blind
in proportion to the number of full-time-equivalent educator positions in a school district, a
charter school, or the Utah Schools for the Deaf and the Blind as compared to the total number
of full-time-equivalent educator positions in school districts, charter schools, and the Utah
Schools for the Deaf and the Blind.
(4) A school district, a charter school, or the Utah Schools for the Deaf and the Blind
shall award bonuses to educators as follows:
(a) the amount of the salary adjustment shall be the same for each full-time-equivalent
educator position in the school district, charter school, or the Utah Schools for the Deaf and the
Blind;
(b) an individual who is not a full-time educator shall receive a partial salary
adjustment based on the number of hours the individual works as an educator; and
(c) a salary adjustment may be awarded only to an educator who has received a
satisfactory rating or above on the educator's most recent evaluation.
(5) The state board may make rules as necessary to administer this section.
(6) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
money each year to:
(i) maintain educator salary adjustments provided in prior years; and
(ii) provide educator salary adjustments to new employees.
(b) Money appropriated for educator salary adjustments shall include money for the
following employer-paid benefits:
(i) retirement;
(ii) worker's compensation;
(iii) social security; and
(iv) Medicare.
(7) (a) Subject to future budget constraints, the Legislature shall:
(i) maintain the salary adjustments provided to school administrators in the 2007-08
school year; and
(ii) provide salary adjustments for new school administrators in the same amount as
provided for existing school administrators.
(b) The appropriation provided for educator salary adjustments shall include salary
adjustments for school administrators as specified in Subsection (7)(a).
(c) In distributing and awarding salary adjustments for school administrators, the state
board, a school district, a charter school, or the Utah Schools for the Deaf and the Blind shall
comply with the requirements for the distribution and award of educator salary adjustments as
provided in Subsections (3) and (4).
Section 3. Section 
53F-2-504
 is amended to read:
53F-2-504.
Teacher Salary Supplement Program.
(1) As used in this section:
(a) "Eligible teacher" means a teacher who:
(i) has a qualifying educational background or qualifying teaching background;
(ii) has a supplement-approved assignment that corresponds to the teacher's qualifying
educational background or qualifying teaching background;
(iii) qualifies for the teacher's supplement-approved assignment in accordance with
state board rule; and
(iv) is a new employee or received at least a satisfactory rating on the teacher's most
recent evaluation.
(b) "Field of computer science" means:
(i) computer science; or
(ii) computer information technology.
(c) "Field of science" means:
(i) integrated science;
(ii) chemistry;
(iii) physics;
(iv) physical science; or
(v) general science.
(d) "License" means the same as that term is defined in Section 
53E-6-102
.
(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 7 or 8 integrated science course, chemistry
course, or physics course:
(A) a bachelor's degree major, master's degree, or doctoral degree in a field of science;
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 of those required for a
bachelor's degree major, master's degree, or doctoral degree in a field of science;
(iii) for a teacher who is assigned a computer science course:
(A) a bachelor's degree major, master's degree, or doctoral degree in a field of
computer science; 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 of those required for a
bachelor's degree major, master's degree, or doctoral degree in a field of computer science; or
(iv) for a teacher who is assigned to teach special education, a bachelor's degree major,
master's degree, or doctoral degree in special education.
(f) "Qualifying teaching background" means the teacher has been teaching the same
supplement-approved assignment in Utah public schools for at least 10 years.
(g) "Supplement-approved assignment" means an assignment to teach:
(i) a secondary school level mathematics course;
(ii) integrated science in grade 7 or 8;
(iii) chemistry;
(iv) physics;
(v) computer science; or
(vi) special education.
(2) (a) Subject to future budget constraints, the Legislature shall:
(i) annually appropriate money to the Teacher Salary Supplement Program to maintain
annual salary supplements for eligible teachers provided in previous years; and
(ii) provide salary supplements to new recipients.
(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) The annual salary supplement for an eligible teacher who is assigned full-time
to a supplement-approved assignment is $4,100 and funded through an appropriation described
in Subsection (2).
(b) An eligible teacher who is assigned part-time to a supplement-approved assignment
shall receive a partial salary supplement based on the number of hours worked in the
supplement-approved assignment.
(4) The state 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 is an eligible 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 .
(5) [
(a)
] An eligible teacher shall apply to the state board [
before the conclusion of a
school year
] to receive the salary supplement authorized in this section 
in accordance with state
board rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act
.
[
(b) An eligible teacher may apply to the state 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 state board shall establish and administer an appeal process for a teacher to
follow if the teacher applies for a salary supplement and does not receive a salary supplement
under Subsection (8).
(b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
appeal eligibility as an eligible teacher with a qualifying educational background on the basis
that the teacher has a degree or degree major with course requirements that are substantially
equivalent to the qualifying educational background associated with the teacher's
supplement-approved assignment.
(ii) A teacher shall provide transcripts and other documentation to the state board in
order for the state board to determine if the teacher has a degree or degree major with course
requirements that are substantially equivalent to the qualifying educational background
associated with the teacher's supplement-approved assignment.
(c) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
appeal eligibility as an eligible teacher with a qualifying teaching background on the basis that
the teacher has a qualifying teaching background.
(ii) The teacher shall provide to the state board evidence to verify that the teacher has a
qualifying teaching background.
(7) (a) The state board shall distribute money appropriated to the Teacher Salary
Supplement Program to school districts and charter schools for the Teacher Salary Supplement
Program in accordance with the provisions of this section.
(b) The state 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 Program 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.
(b) The salary supplement is part of an eligible teacher's base pay, subject to eligible
teacher's qualification as an eligible 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 state board [
shall
] 
may
distribute the funds in the Teacher Salary Supplement Program on a pro rata basis.