Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                       H.B. 287
Approved for Filing: R. Bailey 6                             nd
                                                                   2 Sub. (Gray)
          6 02-01-24 7:47 PM 6
                     Representative Carol S. Moss proposes the following substitute bill:
            ADVANCED DEGREE SCHOLARSHIP PILOT PROGRAM
                                      2024 GENERAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Carol S. Moss
                                 Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill enacts an advanced degree scholarship pilot program.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < enacts a five-year advanced degree scholarship pilot program for educators who
 pursue advanced degrees in education;
        < grants the State Board of Education rulemaking authority to create and administer
 the pilot program;
        < provides for the use of the Public Education Economic Stabilization Account to
 fund the pilot program; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:                                                             2 ndSub. H.B. 287
        This bill appropriates in fiscal year 2025:
        < to State Board of Education - Educator Licensing - Educator Licensing as a
 one-time appropriation:
            C   from the Public Education Economic Stabilization Restricted Account,
 One-time, $20,000,000
     *HB0287S02*
       2nd Sub. (Gray) H.B. 287                                                       02-01-24 7:47 PM
 Other Special Clauses:
           This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
           53F-9-204, as last amended by Laws of Utah 2022, Chapters 386, 456
 ENACTS:
           53F-5-222, Utah Code Annotated 1953
33
 Be it enacted by the Legislature of the state of Utah:
           Section 1. Section 53F-5-222 is enacted to read:
           53F-5-222. Advanced Degree Scholarship Pilot Program.
           (1) As used in this section:
           (a) "Advanced degree" means a master or doctoral level degree.
           (b) "Eligible educator" means an educator as the term is defined in Section 53E-6-102.
           (c) "Program" means the Advanced Degree Scholarship Pilot Program created in
 Subsection (2).
           (2) There is established a five-year pilot program known as the the Advanced Degree
 Scholarship Pilot Program to provide financial assistance to educators for the pursuit of
 advanced degrees.
           (3) Subject to Section 53F-9-204, the state board shall award a scholarship to an
 eligible educator who:
           (a) pursues an advanced degree in education;
           (b) submits an application to the state board;
           (c) submits a letter of recommendation from the principal of the qualified applicant's
 school;
           (d) subject to Subsection (4), is enrolled in an advanced degree program from:
           (i) an institution of higher education within the state system of higher education
 described in Section 53B-1-102; or
           (ii) a private, non-profit institution of higher education in the state that is accredited by
 the Northwest Commission on Colleges and Universities; and
           (e) will complete the advanced degree program no later than three years from the day
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       02-01-24 7:47 PM                                                   2nd Sub. (Gray) H.B. 287
 on which the advanced degree program begins.
        (4) For purposes of Subsection (3)(d), the state board shall determine the advanced
 degrees that qualify for a scholarship award.
        (5) The state board shall determine the amount of the scholarship award, ensuring that
 the amount does not exceed the combined costs of tuition, fees, and required textbooks.
        (6) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act, to:
        (a) create a scholarship application process and appeal process for the program;
        (b) establish criteria for awarding a scholarship;
        (c) require a scholarship recipient to use the scholarship award exclusively for the
 purposes of pursuing an advanced degree described in this section; and
        (d) establish policies and procedures for cancellation or repayment of scholarship
 awards if the scholarship recipient fails to meet the requirements under this section.
        (7) If an appropriation under this section is insufficient to cover the costs associated
 with the program, the state board may:
        (a) reduce the amount of the scholarship award; and
        (b) distribute scholarship awards on a pro rata basis to all eligible educators who
 submitted a completed application before the application deadline.
        Section 2. Section 53F-9-204 is amended to read:
        53F-9-204. Public Education Economic Stabilization Restricted Account.
        (1) There is created within the Uniform School Fund a restricted account known as the
 "Public Education Economic Stabilization Restricted Account."
        (2) (a) Except as provided in Subsection (2)(b), the account shall be funded from the
 following revenue sources:
        (i) 15% of the difference between, as determined by the Office of the Legislative Fiscal
 Analyst:
        (A) the estimated amount of ongoing Income Tax Fund and Uniform School Fund
 revenue available for the Legislature to appropriate for the next fiscal year; and
        (B) the amount of ongoing appropriations from the Income Tax Fund and Uniform
 School Fund in the current fiscal year; and
        (ii) other appropriations as the Legislature may designate.
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        2nd Sub. (Gray) H.B. 287                                                  02-01-24 7:47 PM
        (b) If the appropriation described in Subsection (2)(a) would cause the ongoing
 appropriations to the account to exceed 11% of Uniform School Fund appropriations described
 in Section 53F-9-201.1 for the same fiscal year, the Legislature shall appropriate only those
 funds necessary to ensure that the ongoing appropriations to the account equal 11% of Uniform
 School Fund appropriations for that fiscal year.
        (3) Subject to the availability of ongoing appropriations to the account, in accordance
 with Utah Constitution, Article X, Section 5, Subsection (4), the ongoing appropriation to the
 account shall be used to fund:
        (a) except for a year described in Subsection (3)(b), one-time appropriations to the
 public education system; and
        (b) the Minimum School Program for a year in which Income Tax Fund revenue and
 Uniform School Fund revenue are insufficient to fund:
        (i) ongoing appropriations to the public education system; and
        (ii) enrollment growth and inflation estimates, as defined in Section 53F-9-201.1.
        (4) (a) The account shall earn interest.
        (b) All interest earned on account money shall be deposited in the account.
        (5) On or before December 31, 2023, and every three years thereafter, the Office of the
 Legislative Fiscal Analyst shall:
        (a) review the percentages described in Subsections (2)(a)(i) and (2)(b); and
        (b) recommend to the Executive Appropriations Subcommittee any changes based on
 the review described in Subsection (5)(a).
        (6) In preparing budget bills for a given fiscal year, the Executive Appropriations
 Committee shall make the one-time appropriations described in Subsection (3)(a) by
 appropriating at least the lesser of 10% of the total amount of the one-time appropriations or:
        (a) the cost of providing 32 paid professional hours for teachers in accordance with
 Section 53F-7-203[.]; or
        (b) the cost of pursuing an advanced degree or certification for educators in accordance
 with Section 53F-5-222.
        Section 3. FY 2025 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
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        02-01-24 7:47 PM                                                 2nd Sub. (Gray) H.B. 287
 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 - Educator Licensing From Public Education Economic Stabilization Restricted                    $20,000,000
125
               Account, One-time
          Schedule of Programs:
                     Educator Licensing                         $20,000,000
 The Legislature intends the state board to use the funds appropriated for the Advanced Degree
 Scholarship Pilot Program at $4,000,000 each year of the five-year pilot program.
        Section 4. Effective date.
        This bill takes effect on July 1, 2024.
                                                       -5-
Statutes affected: 
Introduced: 53F-9-204
H.B. 287 1st Substitute (Not Adopted) Text: 53F-9-204
H.B. 287 2nd Substitute (Not Adopted) Text: 53F-9-204