Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 99 (2025GS)

Sponsor

Sen. Fillmore, Lincoln

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends existing timeline and appropriation requirements to the Excellence in Education and Leadership Supplement;
• requires the State Board of Education to obtain and house a web-based application portal; and
• makes technical changes.

Every vote on this bill

Bill text

9
53F-2-526
0
Excellence in Education and Leadership Supplement Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: Karen M. Peterson
LONG TITLE
General Description:
This bill amends existing timeline and appropriation requirements to the Excellence in 
Education and Leadership Supplement.
Highlighted Provisions:
This bill:
amends existing timeline and appropriation requirements to the Excellence in Education 
and Leadership Supplement;
requires the State Board of Education to obtain and house a web-based application portal; 
and
makes technical changes.
Money Appropriated in this Bill:
This bill appropriates 
$600,000
 in operating and capital budgets for fiscal year 2026, all of 
which is from the various sources as detailed in this bill.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53F-2-526
, 
Effective 
upon governor's approval
 as enacted by Laws of Utah 2024, 
Chapter 374
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
53F-2-526
 is amended to read:
53F-2-526
Effective 
upon governor's approval
. 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 that the center 
determines using an LEA's assessment methods, including:
(i)
student growth or achievement measures;
(ii)
professional evaluations;
(iii)
parent 
or student 
surveys; and
(iv)
other data-driven criteria the LEA establishes and the center verifies for validity.
(c)
"Eligible teacher" includes an individual whom an LEA participating in the program 
employs and who holds:
(i)
a license the state board issues; and
(ii)
a position that includes a current classroom teaching assignment.
(d)
"High poverty school" means the same as the term is defined in Section 
53F-2-513
.
(e)
"LEA" means:
(i)
a school district;
(ii)
a 
charter school; 
(iii)
the Utah Schools for the Deaf and the Blind; 
and
(iii)
(iv)
a regional education service agency.
(f)
"Program" means the Excellence in Education and Leadership Supplement created in 
Subsection (2).
(g)
"Tier performance level" means the following levels of performance for a teacher in 
comparison to all teachers the center determines in accordance with Subsection (7):
(i)
the top 5% of teachers;
(ii)
the next 6%-10% of teachers; and
(iii)
the next 11%-25% of teachers.
(h)
"Top-performing" means the top 25% of teachers in comparison to all teachers the 
center determines 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
performance-based award
 to an eligible teacher in recognition for outstanding 
instructional talent.
(3)
(a)
No later than December 31, 2024, an LEA shall declare the LEA's intent to 
participate in the program to the center.
(b)
If an LEA declares an intent to participate in the program, the LEA shall:
(i)
develop a process for a school principal or the principal's designee to assess a 
teacher's performance consistent with this section to determine if a teacher is an 
eligible teacher, including the corresponding tier performance level; and
(ii)
create an appeals process for an employee who is not nominated to be an eligible 
teacher.
(4)
No later than 
April 1
July 1
, 2025, an LEA shall:
(a)
attend a training that the center creates regarding the guidelines for developing a 
process described in Subsection (3); and
(b)
develop and submit for approval the LEA's process described in Subsection (3) to the 
center.
(5)
(a)
The center shall review the LEA's process described in Subsection (3) and 
approve the process or request that the LEA make changes to the submitted process.
(b)
If the center requests changes to the LEA's submitted process, the LEA shall work 
with the center to make necessary changes to receive final approval from the center.
(c)
No later than 
June 30
August 15
, 2025, the center shall provide final approval or 
denial of an LEA's process.
(6)
Before 
the start of the 2025-2026 school year
August 31, 2025
, an LEA with an 
approved process as described in Subsection (5) shall:
(a)
ensure each school principal or the principal's designee attends a training that the 
center creates regarding:
(i)
how to effectively use the LEA's approved process to select and submit to the 
center nominations for eligible teachers, including the corresponding tier 
performance level; and
(ii)
how to protect student and educator data privacy when submitting nominations 
and applications, as described in Subsection (9)(b)(ii).
(b)
provide information to teachers within the LEA regarding the program and how the 
school's principal or principal's designee will use the approved LEA process to make 
nominations of eligible teachers;
 and
(c)
ensure each school principal or the principal's designee 
uses
is able to use
 the LEA's 
approved process to evaluate and select which teachers within the school to nominate 
as eligible teachers, including the corresponding tier performance level
; and
.
(d)
as provided in Subsection (9), submit to the center a list of the nominated eligible 
teachers for the center to consider.
(7)
In assessing if a nominated teacher is an eligible teacher, the center shall create an 
assessment process that:
(a)
uses the methods described in Subsection (1)(b);
(b)
calibrates the submissions an LEA submits to determine, for all nominated teachers 
statewide, which teachers are eligible teachers, including the corresponding tier 
performance level;
(c)
may use additional criteria as determined by the center in consultation with 
participating LEAs; and
(d)
establishes a scoring rubric including the scores required for a designation in each 
tier performance level.
(8)
(a)
The center shall collaborate with LEAs to create:
(i)
selection and submission guidelines for:
(A)
the approval of the LEA's process as described in Subsection (5); and
(B)
the list of nominated eligible teachers described in Subsection (6);
(ii)
methods to determine student growth and achievement measures for subject areas 
that do not have standardized assessment data;
(iii)
the weightings for each element of the assessment process described in 
Subsection (7); and
(iv)
the trainings described in this section.
(b)
In addition to the requirements in Subsection (8)(a), an LEA may include the 
following if the LEA collaborates with the center to do so:
(i)
methods to determine student growth and achievement measures for subject areas 
that have standardized assessment data; and 
(ii)
methods for combining measures described in Subsections (8)(a)(ii) and (8)(b)(i) 
as appropriate to assure compatibility across all subject areas.
(b)
(c)
The center may provide program related technical assistance to an LEA.
(9)
(a)
An LEA shall:
(i)
apply to the center on behalf of the nominated eligible teachers within the LEA 
through a process and format that the center determines; and
(ii)
ensure a school principal or the principal's designee reevaluates an eligible 
teacher's designation under this section every three years.
(b)
The center shall:
(i)
create an application process for an LEA to submit the list of nominated eligible 
teachers described in Subsection (9)(a)
, including a deadline for submission of the 
list of nominated teachers to the center
;
(ii)
coordinate with the state board in the creation of the application process described 
in Subsection (9)(b)(i) to ensure that any sharing of student and educator data 
during the application process:
(A)
complies with the Family Educational Rights and Privacy Act, 34 C.F.R. Part 
99;
(B)
complies with Title 53E, Chapter 9, Student Privacy and Data Protection; and
(C)
uses disclosure avoidance techniques, including aggregating and otherwise 
de-identifying data;
(iii)
no later than October 1, 2026, determine if a nominated teacher is an eligible 
teacher through the process described in Subsection (7);
(iv)
verify:
(A)
the validity of the LEA's process and assessment of an eligible teacher as 
described in Subsections (4) and (5); and
(B)
the nominations described in Subsection (7) with the LEA and school 
administrators;
(v)
certify a list of eligible teachers, including the total amount of funding the LEA 
receives for the LEA's eligible teachers; and
(vi)
provide the list described in Subsection 
(9)(b)(iv)
(9)(b)(v)
 to the state board.
(10)
(a)
Subject to legislative appropriations, the state board shall:
(i)
within 45 days of receiving the list described in Subsection 
(9)(b)(v)
 from the 
center, 
disburse funding to an LEA in the amount the center verifies that an LEA 
qualifies to receive for 
salary supplements
performance-based awards
 under this 
section;
 and
(ii)
(A)
except as provided in Subsection (10)(a)(ii)(B), 
allocate 
1%
up to 4.25%
of the funds appropriated under this section to the center; and
(B)
provide no more than $500,000 to the center each fiscal year from the funds 
described in Subsection (10)(a)(ii)(A).
(iii)
develop a method to compensate an LEA for program administration that:
(A)
does not exceed 4% of the total funds appropriated under this section;
(B)
first compensates an LEA for fixed efforts associated with development and 
management of the LEA's teacher performance-based award program; and
(C)
allocates any remaining balance to compensate an LEA for variable efforts 
associated with ongoing program administration and management.
(b)
The annual 
salary supplement
performance-based award
 for an eligible teacher is:
(i)
$10,000 for a teacher in the top 5% of teachers;
(ii)
$5,000 for a teacher in the next 6%-10% of teachers; and
(iii)
$2,000 for a teacher in the next 11%-25% of teachers.
(c)
If the eligible teacher is employed at a high poverty school, the eligible teacher shall 
receive an additional 
salary supplement
performance-based award
 that is equal in 
amount to the eligible teacher's 
salary supplement
performance-based award
described in Subsection (10)(b).
(11)
(a)
An LEA shall:
(i)
within 45 days of receiving the LEA's funds from the state board for all eligible 
teachers, 
use the program funds to provide a 
salary supplement
performance-based award
 equal to the amount specified in Subsection (10) for 
each eligible teacher in each tier performance level; and
(ii)
provide the 
salary supplement
performance-based award
 in an eligible teacher's 
regularly occurring compensation in equal amounts through the contracted school 
years related to the 
salary supplement
performance-based
 award.
(b)
An LEA:
(i)
may use up to 4% of the money appropriated to the LEA for salary supplements 
to cover administrative costs associated with implementing the program;
(ii)
(i)
may use money appropriated to the LEA for the 
salary supplement
performance-based award
 for employer-paid benefits;
 and
(iii)
(ii)
may not include a 
salary supplement
performance-based award
 received 
under this section:
(A)
in a retirement calculation; or
(B)
as part of retirement contributions
.
; and
(iii)
may not reduce an eligible teacher's award to ensure the LEA maintains the 
funds described in Subsection 
(10)
(a)(iii).
(c)
The 
salary supplement
performance-based award
 is not part of an eligible teacher's 
base pay, and is subject to the eligible teacher's designation as an eligible teacher.
(12)
Notwithstanding the provisions of this section
Except as provided for in Subsection 
(11)
, if the appropriation for the program is insufficient to cover the costs associated 
with 
salary supplement
performance-based award
s, an LEA may distribute the funds to 
each eligible teacher of the same tier of performance level on a pro rata basis.
(13)
(a)
(i)
The center and the state board shall collaborate regarding data sharing and 
other relevant interactions to facilitate the successful administration of the 
program.
In accordance with state and federal privacy laws, the state board shall 
provide the following data to the center:
(A)
relevant student achievement data;
(B)
relevant teacher data; and
(C)
any other relevant data as the center determines.
(ii)
If the center needs data from a non-participating LEA for purposes of the 
program, the state board:
(A)
shall provide the data; and
(B)
may provide the data in a de-identified manner, including providing an 
individual teacher's or student's data with a unique identifier that is not 
associated with the teacher's or student's name or school provided identification 
number. 
(b)
The state board shall:
(i)
consult with the center; and 
(ii)
contract with a third party to obtain and house a secure web-based portal for 
authorized LEA and state board users to:
(A)
allow a teacher to track the teacher's students' academic achievement and 
growth and assess within the teacher's LEA the teacher's individual progress 
toward becoming an eligible teacher nominee;
(B)
report results of the chosen model or models at the district, school, and subject 
or grade levels;
(C)
provide diagnostic data showing the growth and achievement trends for 
different groups of students associated with a teacher, school, charter system, 
or district; and
(D)
provide resources for teachers to interpret the model results, training modules, 
and receive or request technical support.
(c)
The state board shall use up to 2.5% of the total funds appropriated under this section 
for the web-based access portal described in Subsection 
(13)(b)
.
(14)
(a)
An eligible teacher that receives a 
salary supplement
performance-based award
under the program has no vested property right in the 
salary supplement
performance-based award
 or the designation as an eligible teacher.
(b)
An eligible teacher's 
salary supplement
performance-based award
 and designation 
under this section are void if the school principal or principal's designee, LEA, or the 
center made or certified the designation improperly.
(15)
(a)
Subject to prioritization of the Audit Subcommittee, unless the state board 
contracts a private auditor in accordance with Subsection (15)(b), the Office of the 
Legislative Auditor General established under Section 
36-12-15
 shall, in any fiscal 
year:
(i)
conduct an audit of the program including:
(A)
an evaluation of the implementation of the program; and
(B)
the efficacy of the program, including program outcomes; and
(ii)
prepare and submit a written report for an audit described in this section in 
accordance with Subsection 
36-12-15
(4)(b)(ii).
(b)
Subject to legislative appropriations, the state board may contract with an external 
auditor to perform the audit described in this Subsection (15).
(16)
(a)
The center shall report to the Education Interim Committee no later than the 
2024 October meeting the following:
(i)
the methodology and process the center develops to achieve the requirements of 
Subsection (7);
(ii)
relevant data and updates resulting from the collaborations described in 
Subsection (8);
(iii)
any recommendations for future legislation; and
(iv)
data regarding 
salary supplement
performance-based award
 programs, including:
(A)
different approaches used to reward teacher performance, including different 
evaluation methods;
(B)
research outlining the effectiveness and impact of different 
salary supplement
performance-based award
 amounts on teacher retention; and
(C)
other considerations for impactful 
salary supplement
performance-based 
award
 programs in relation to teacher retention.
(b)
Beginning November 1, 2026, the center shall provide an annual report to the 
Education Interim Committee regarding:
(i)
the statewide metrics used in accordance with Subsection (7);
(ii)
de-identified and aggregated data showing the number of:
(A)
salary supplement
performance-based award
s per school, including total 
number of eligible teachers in each school;
(B)
eligible teachers in high poverty schools;
(C)
eligible teachers in each tier performance level;
(D)
eligible teachers in subject areas that do not have standardized assessments; 
and
(E)
salary supplement
performance-based award
 denials per school, including the 
reasons for a denial;
(iii)
proportion of eligible teachers in:
(A)
school districts; and
(B)
charter schools; and
(iv)
teacher retention data for a school where an eligible teacher is employed.
Section 2. 
FY 2026 Appropriations.
The following sums of money are appropriated for the fiscal year beginning July 1, 
2025, and ending June 30, 2026. These are additions to amounts previously appropriated for 
fiscal year 2026. 
Subsection 2(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.
Public Education
State Board of Education - Minimum School Program
ITEM 1
State Board of Education - Minimum School Program - Related to Basic 
School Programs
From Public Education Economic Stabilization 
Restricted Account, One-time
600,000
Effective Teachers in High Poverty Schools 
Incentive Program
600,000
Section 3. 
Effective Date.
This bill takes effect:
(1)
except as provided in Subsection (2), 
May 7, 2025
; or
(2)
if approved by two-thirds of all members elected to each house:
(a)
upon approval by the governor;
(b)
without the governor's signature, the day following the constitutional time limit of 
Utah Constitution, Article VII, Section 8; or
(c)
in the case of a veto, the date of veto override.
3-7-25 4:49 PM