Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 173 Third Substitute (2024GS)

Sponsor

Sen. Fillmore, L.

Final action

Governor Signed 3/18/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• renames the Teacher Salary Supplement Program as the Salary Supplement for Highly Needed Educators Program;
• amends the qualifying teaching areas for the Salary Supplement for Highly Needed Educators program to be a high-needs area;
• establishes the Excellence in Education and Leadership Supplement (the program);
• describes the eligibility requirements for the program;
• requires an LEA to create an assessment process to identify eligible teachers;
• requires the Center for the School of the Future to validate an LEA's determinations of teacher eligibility;
• requires the State Board of Education to disburse funds for the program; and
• makes technical changes.

Every vote on this bill

Bill text

MARKET INFORMED COMPENSATION FOR TEACHERS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: 
____________
LONG TITLE
General Description:
This bill amends and creates programs to enhance teacher salary supplement
opportunities.
Highlighted Provisions:
This bill:
▸ renames the Teacher Salary Supplement Program as the Salary Supplement for
Highly Needed Educators Program;
▸ amends the qualifying teaching areas for the Salary Supplement for Highly Needed
Educators program to be a high-needs area;
▸ establishes the Excellence in Education and Leadership Supplement (the program);
▸ describes the eligibility requirements for the program;
▸ requires an LEA to create an assessment process to identify eligible teachers;
▸ requires the Center for the School of the Future to validate an LEA's determinations
of teacher eligibility;
▸ requires the State Board of Education to disburse funds for the program; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2025:
▸ to State Board of Education - State Board and Administrative Operations -
Excellence in Education and Leadership Supplement as a one-time appropriation:
• from the Public Education Economic Stabilization Restricted Account,
One-time, $200,000,000
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53F-2-504
, as last amended by Laws of Utah 2023, Chapter 373
ENACTS:
53F-2-526
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53F-2-504
 is amended to read:
53F-2-504.
Salary Supplement for Highly Needed Educators.
(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
] 
an
 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
] 
an LEA's policy
; and
(iv) (A) is a new employee; or
(B) has not received an unsatisfactory rating on the teacher's three most recent
evaluations.
(b) "High-needs area" means at least two and up to five teaching assignments that an
LEA designates in a policy as challenging to fill or retain.
[
(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.
]
(c) "Program" means the Salary Supplement for Highly Needed Educators program.
(d) "Qualifying educational background" means[
:
] 
a teacher who:
(i) is assigned to a high-needs area; and
(ii) possess a bachelor's degree major, master's degree, or doctoral degree in the
high-needs area.
[
(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.
]
(e) "Qualifying teaching background" means[
: (i)
] the teacher has been teaching the
same [
supplement-approved
] 
high-needs area
 assignment in Utah public schools for at least 10
years[
; or
]
.
[
(ii) the teacher has a professional deaf education license issued by the state board.
]
[
(f) "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;
]
[
(vi) special education; or
]
[
(vii) deaf 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:
]
[
(i) for a fiscal year beginning before July 1, 2023, $4,100 and funded through an
appropriation described in Subsection (2); and
]
[
(ii) for a fiscal year beginning on or after July 1, 2023, the amount equal to:
]
[
(A) the amount of the annual salary supplement in the preceding fiscal year; and
]
[
(B) a percentage increase that is equal to the percentage increase in the value of the
WPU in the preceding fiscal year.
]
[
(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.
]
(2) An LEA shall create a policy describing the administration of the Salary
Supplement for Highly Needed Educators program within the LEA including identifying the
LEA's high-needs areas.
(3) Subject to legislative appropriations and an LEA having the policy described in
Subsection (2), the state board shall allocate funding appropriated for the Salary Supplements
for Highly Needed Educators program in accordance with this section by:
(a) for charter schools:
(i) distributing an amount that is equal to the product of:
(A) charter school enrollment on October 1 in the prior year, or projected enrollment
for a charter school in the charter school's first year of operations, divided by enrollment on
October 1 in public schools statewide in the prior year; and
(B) the total amount available for distribution; and
(ii) allocating to each charter school:
(A) an equally divided portion of 20% of the amount described in Subsection (3)(a)(i);
and
(B) 80% of the amount described in Subsection (3)(a)(i) on a per-student basis; and
(b) for school districts:
(i) distributing the remainder of funds available for distribution after the distribution to
charter schools under Subsection (3)(a)(i) by allocating to each school district:
(A) an equally divided portion of 20% of the amount described in Subsection (3)(b)(i);
and
(B) 80% of the amount described in Subsection (3)(b)(i) on a per-student basis.
(c) An LEA shall use funds described in Subsections (3)(a) and (3)(b) to pay the LEA's
proportional part of an eligible teacher's salary supplement if:
(i) the eligible teacher is an employee of a regional education service agency, as
defined in Section 
53G-4-410
; and
(ii) the LEA is a member of the regional education service agency that employs the
eligible teacher.
(4) An LEA shall annually update the LEA's policy described in Subsection (2) with:
(a) the LEA's high-needs areas; and
(b) the amount of the salary supplement.
[
(4) The state board
]
(5) An LEA
 shall:
[
(a) create an online application system for a teacher to apply to receive a salary
supplement through the Teacher Salary Supplement Program;
]
[
(b)
] 
(a)
 determine if a teacher is an eligible teacher;
[
(c)
] 
(b)
 verify, as needed, the determinations made under Subsection [
(4)(b)
] 
(5)(a)
with [
school district and
] school administrators; and
[
(d)
] 
(c)
 certify a list of eligible teachers.
[
(5) An eligible teacher shall apply to the state board, as provided by the board 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.
]
(6) (a) [
The state
] 
An LEA
 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
] 
LEA
governing
 board in order for the [
state
] 
LEA governing
 board to determine if the teacher 
is an
eligible teacher with a qualifying teaching background
 [
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)
] 
(a)
 [
The state board
] 
An LEA
 shall include [
the
] employer-paid benefits
[
described under Subsection (2)(b)
] in the amount of each salary supplement.
[
(c)
] 
(b)
 [
The employer
] 
Employer
-paid benefits [
described under Subsection (2)(b)
]
are an addition to the salary supplement [
limits described
] 
amount established by an LEA
 under
Subsection [
(3)
] 
(4)(b)
.
(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 may
distribute the funds in the Teacher Salary Supplement Program on a pro rata basis.
]
(9) The state board shall annually report to the Education Interim Committee:
(a) which teaching assignments LEAs have designated as high-needs; and
(b) the number of eligible teachers.
Section 2. Section 
53F-2-526
 is enacted to read:
 53F-2-526.
Excellence in Education and Leadership Supplement.
(1) As used in this section:
(a) "Center" means the Center for the School of the Future at Utah State University
established in Section 
53B-18-801
.
(b) "Eligible teacher" means a teacher who is a top-performing teacher as determined
by the center using an LEA's assessment methods including:
(i) student growth or achievement measures;
(ii) professional evaluations;
(iii) student or parent surveys; and
(iv) faculty peer reviews.
(c) "High poverty school" means the same as the term is defined in Section 
53F-2-513
.
(d) "Program" means the Excellence in Education and Leadership Supplement created
in Subsection (2).
(e) "Tier performance level" means the following levels of performance for a teacher in
comparison to all teachers as determined by the center in Subsection (5)(c):
(i) the top 5% of teachers;
(ii) the next 6%-10% of teachers; and
(iii) the next 11%-25% of teachers.
(f) "Top-performing" means the top 25% of teachers in comparison to all teachers as
determined by the center using the methods described in Subsection (1)(b).
(2) Beginning July 1, 2024, there is created a five-year pilot program known as the
Excellence in Education and Leadership Supplement to provide a salary supplement to an
eligible teacher in recognition for outstanding instructional talent.
(3) An LEA may choose to participate in the program.
(4) If an LEA chooses to participate in the program, the LEA shall develop a process to
assess a teacher's performance consistent with the measures described in Subsection (5).
(5) In assessing whether a teacher is an eligible teacher, the center shall create an
assessment process that:
(a) uses the methods described in Subsection (1)(b);
(b) may use additional criteria as determined by the center; and
(c) establishes a scoring rubric including the scores required for a designation in each
tier performance level.
(6) The center shall create weightings for each element of the assessment process
described in Subsection (5) and make the weightings available to an LEA.
(7) An LEA shall:
(a) determine which teachers within the LEA to submit to the center to be considered
for an eligible teacher designation; and
(b) compile a list of the prospective eligible teachers including which applicable tier
performance level applies to each prospective eligible teacher.
(8) An LEA shall apply to the center on behalf of a prospective eligible teacher through
a process and format the center determines.
(9) The center shall:
(a) create an application process for an LEA to submit the list of eligible teachers
described in Subsection (7);
(b) determine if a teacher is an eligible teacher;
(c) verify:
(i) the validity of the LEA's assessment process described in Subsection (5); and
(ii) the determinations made under Subsection (7) with the LEA and school
administrators;
(d) certify a list of eligible teachers and include on the list the total amount of funding
the LEA shall receive for the LEA's eligible teachers; and
(e) provide the list described in Subsection (9)(d) to the state board.
(10) The center may provide program related technical assistance to an LEA.
(11) Subject to legislative appropriations, the state board shall:
(a) for fiscal years 2025 through 2030, distribute funds to the program to maintain
annual salary supplements for eligible teachers; and
(b) disburse funding requests to an LEA in the amount verified by the center that an
LEA shall receive for the fiscal year.
(12) The annual salary supplement for an eligible teacher is:
(a) $10,000 for a teacher in the top 5% of teachers;
(b) $5,000 for a teacher in the next 6%-10% of teachers; and
(c) $2,000 for a teacher in the next 11%-25% of teachers.
(13) If the eligible teacher teaches at a high poverty school, the eligible teacher shall
receive an additional salary supplement that is equal in amount to the eligible teacher's salary
supplement described in Subsection (12).
(14) The state board shall distribute money appropriated to the salary supplement to
LEAs in accordance with the provisions of this section.
(15) (a) An LEA shall use the money received to provide a salary supplement equal to
the amount specified in Subsections (12) and (13) for each eligible teacher in each tier of
performance.
(b) The salary supplement is not part of an eligible teacher's base pay, and is subject to
the eligible teacher's designation as an eligible teacher.
(c) An LEA may not:
(i) use money appropriated for the salary supplement for employer-paid benefits; or
(ii) include a salary supplement received under this section:
(A) in a retirement calculation; or
(B) as part of retirement contributions.
(16) Notwithstanding the provisions of this section, if the appropriation for the
program is insufficient to cover the costs associated with salary supplements an LEA may
distribute the funds to each eligible teacher of the same tier of performance on a pro rata basis.
(17) An eligible teacher's designation under this section shall be reevaluated every
three years.
(18) The center and the state board shall enter into an agreement regarding data sharing
and other relevant provisions to facilitate the successful administration of the program.
(19) (a) An eligible teacher that receives a salary supplement under the program has no
vested property right in the salary supplement or the designation as an eligible teacher.
(b) An eligible teacher's salary supplement and designation issued under this section is
void if the designation was issued improperly.
Section 3. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
fiscal year 2025.
Subsection 3(a). 
Operating and Capital Budgets.
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 - State Board and Administrative Operations
From Public Education Economic Stabilization Restricted
Account, One-time
$200,000,000
Schedule of Programs:
Excellence in Education and Leadership
Supplement
$200,000,000
Section 4. 
Effective date.
This bill takes effect on July 1, 2024.