Bill Summary – FastDemocracy

Enrolled Copy                                                                             S.B. 52
                             EDUCATOR SALARY AMENDMENTS
                                           2024 GENERAL SESSION
                                                 STATE OF UTAH
                                        Chief Sponsor: Evan J. Vickers House Sponsor: Steven J. Lund
 2
  LONG TITLE
  General Description:
      This bill amends educator salary adjustments and the Teacher Salary Supplemental
  Program to include regional education service agencies.
  Highlighted Provisions:
      This bill:
      ▸ defines terms;
      ▸ includes regional education service agencies to educator salary adjustments and the
  Teacher Salary Supplement Program; and
      ▸ provides for an annual increase to the legislative appropriation under certain
  circumstances.
  Money Appropriated in this Bill:
      None
  Other Special Clauses:
      This bill provides a special effective date.
  Utah Code Sections Affected:
  AMENDS:
      53F-2-405, as last amended by Laws of Utah 2023, Chapters 1, 373
      53F-2-504, as last amended by Laws of Utah 2023, Chapter 373
      53G-4-410, as last amended by Laws of Utah 2020, Chapters 253, 408
23
  Be it enacted by the Legislature of the state of Utah:
        Section 1. 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, regional education service agency, or the Utah Schools for the Deaf and
     S.B. 52                                                                                Enrolled Copy
       the Blind who holds:
       (a) (i) a license issued by the state board; and
           (ii) a position as a:
               (A) classroom teacher;
               (B) speech pathologist;
               (C) librarian or media specialist;
               (D) preschool teacher;
               (E) mentor teacher;
               (F) teacher specialist or teacher leader;
               (G) guidance counselor;
               (H) audiologist;
               (I) psychologist; or
               (J) social worker; or
       (b) (i) a license issued by the Division of 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) (a) The state board shall distribute to each school district, each charter school, each
       regional education service agency, and the Utah Schools for the Deaf and the Blind
       money that the Legislature appropriates for educator salary adjustments based on the
       number of educator positions described in Subsection (4) in the school district, the
       charter school, each regional education service agency, or the Utah Schools for the
       Deaf and the Blind.
       (b) Notwithstanding Subsections (3)(a), if appropriations are insufficient to provide the
           full amount of educator salary adjustments described in this section, the state board
           shall distribute money appropriated for educator salary adjustments to school
           districts, charter schools, each regional education service agency, 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, each
           regional education service agency, 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, each regional education service agency, and the Utah
           Schools for the Deaf and the Blind.
                                                      -2-
     Enrolled Copy                                                                                      S.B. 52
  (4) A school district, a charter school, each regional education service agency, or the Utah
      Schools for the Deaf and the Blind shall award bonuses to educators as follows:
      (a) the amount of the salary adjustment for each full-time-equivalent educator is:
          (i) if Title 53F, Chapter 6, Part 4, Utah Fits All Scholarship Program, is funded and in
              effect, $8,400; or
          (ii) if Title 53F, Chapter 6, Part 4, Utah Fits All Scholarship Program, is not funded
              and in effect, $4,200;
      (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;
      (c) a salary adjustment may not be awarded if an educator has received an unsatisfactory
          rating on the educator's three most recent evaluations; and
      (d) for a fiscal year beginning on or after July 1, 2024, the amount of the salary
          adjustment is equal to:
          (i) the amount of salary adjustment in the preceding fiscal year; and
          (ii) a percentage increase that is equal to the percentage increase in the value of the
              WPU in the preceding fiscal year.
  (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
      state board:
      (a) shall make rules to ensure that the LEAs do not reduce or artificially limit a teacher's
          salary to convert the salary supplement in this section into a windfall to the LEA; and
      (b) 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
                                                    -3-
      S.B. 52                                                                                Enrolled Copy
            (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 described in this section
            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, each regional education service agency, 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 2. 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) (A) is a new employee; or
                (B) has not received an unsatisfactory rating on the teacher's three most recent
                      evaluations.
       (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) "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;
                                                       -4-
      Enrolled Copy                                                                                    S.B. 52
                   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 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:
                                                        -5-
      S.B. 52                                                                                Enrolled Copy
           (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.
   (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) 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 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).
                                                       -6-
      Enrolled Copy                                                                                    S.B. 52
      (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, and regional education
      service agencies 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, or regional education service agencies 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.
        Section 3. Section 53G-4-410 is amended to read:
        53G-4-410 . Regional education service agencies.
                                                       -7-
      S.B. 52                                                                                 Enrolled Copy
   (1) As used in this section:
       (a) "Eligible regional education service agency" means a regional education service
           agency in existence before July 1, 2020.
       (b) "Regional education service agency" means an entity formed by two or more school
           districts as an interlocal entity, in accordance with Title 11, Chapter 13, Interlocal
           Cooperation Act, with the authority and duties described in this section.
   (2) The Legislature strongly encourages school districts to collaborate and cooperate to
2