Enrolled Copy S.B. 137
1 TEACHER EMPOWERMENT
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore House Sponsor: Karen M. Peterson
2
3 LONG TITLE
4 General Description:
5 This bill amends several programs to better empower and retain teachers in the state.
6 Highlighted Provisions:
7 This bill:
8 ▸ expands the allowable uses of funds allocated for paid professional hours;
9 ▸ establishes an alternative teacher evaluation process;
10 ▸ prohibits data of a chronically absent student from being used in a teacher's evaluation;
11 and
12 ▸ makes technical changes.
13 Money Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 This bill provides a special effective date.
17 Utah Code Sections Affected:
18 AMENDS:
19 53F-2-203, as last amended by Laws of Utah 2022, Chapter 456
20 53F-2-208, as last amended by Laws of Utah 2023, Chapters 129, 161 and 356
21 53F-7-203, as last amended by Laws of Utah 2023, Chapter 348
22 53G-11-501, as last amended by Laws of Utah 2020, Chapter 354
23 53G-11-501.5, as last amended by Laws of Utah 2019, Chapter 293
24 53G-11-502, as enacted by Laws of Utah 2018, Chapter 3
25 53G-11-505, as last amended by Laws of Utah 2021, Chapter 251
26 53G-11-507, as last amended by Laws of Utah 2019, Chapter 293
27 53G-11-511, as last amended by Laws of Utah 2020, Chapter 408
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28 53G-11-512, as last amended by Laws of Utah 2019, Chapter 293
29 53G-11-518, as last amended by Laws of Utah 2020, Chapter 408
30 53G-11-519, as enacted by Laws of Utah 2020, Chapter 73
31 63I-2-253 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 7, 21,
32 33, 142, 167, 168, 380, 383, and 467
33 63I-2-253, as last amended by Laws of Utah 2023, Chapters 7, 21, 33, 142, 167, 168, 310,
34 380, 383, and 467
35 ENACTS:
36 53G-11-520, as Utah Code Annotated 1953
37 REPEALS:
38 53G-11-504.1, as enacted by Laws of Utah 2020, Third Special Session, Chapter 10
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 53F-2-203 is amended to read:
42 53F-2-203 . Reduction of LEA governing board allocation based on insufficient
43 revenues.
44 (1) As used in this section, "Minimum School Program funds" means the total of state and
45 local funds appropriated for the Minimum School Program, excluding:
46 (a) an appropriation for a state guaranteed local levy increment as described in Section
47 53F-2-601; and
48 (b) the appropriation to charter schools to replace local property tax revenues pursuant to
49 Section 53F-2-704.
50 (2) If the Legislature reduces appropriations made to support public schools under this
51 chapter because an Income Tax Fund budget deficit, as defined in Section 63J-1-312,
52 exists, the state board, after consultation with each LEA governing board, shall allocate
53 the reduction among school districts and charter schools in proportion to each school
54 district's or charter school's percentage share of Minimum School Program funds.
55 (3) Except as provided in Subsection (5) and subject to the requirements of Subsection (7),
56 an LEA governing board shall determine which programs are affected by a reduction
57 pursuant to Subsection (2) and the amount each program is reduced.
58 (4) Except as provided in Subsections (5) and (6), the requirement to spend a specified
59 amount in any particular program is waived if reductions are made pursuant to
60 Subsection (2).
61 (5) An LEA governing board may not reduce or reallocate spending of funds distributed to
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62 the school district or charter school for the following programs:
63 (a) educator salary adjustments provided in Section 53F-2-405;
64 (b) the [Teacher Salary Supplement Program] Salary Supplement for Highly Needed
65 Educators Program provided in Section 53F-2-504;
66 (c) the extended year for special educators provided in Section 53F-2-310;
67 (d) the School LAND Trust Program described in Sections 53F-2-404 and 53G-7-1206;
68 or
69 (e) a special education program within the basic school program.
70 (6) An LEA governing board may not reallocate spending of funds distributed to the school
71 district or charter school to a reserve account.
72 (7) An LEA governing board that reduces or reallocates funds in accordance with this
73 section shall report all transfers into, or out of, Minimum School Program programs to
74 the state board as part of the school district or charter school's Annual Financial and
75 Program report.
76 Section 2. Section 53F-2-208 is amended to read:
77 53F-2-208 . Cost of adjustments for growth and inflation.
78 (1) In accordance with Subsection (2), the Legislature shall annually determine:
79 (a) the estimated state cost of adjusting for inflation in the next fiscal year, based on a
80 rolling five-year average ending in the current fiscal year, ongoing state tax fund
81 appropriations to the following programs:
82 (i) education for youth in custody, described in Section 53E-3-503;
83 (ii) concurrent enrollment courses for accelerated foreign language students described
84 in Section 53E-10-307;
85 (iii) the Basic Program, described in Part 3, Basic Program (Weighted Pupil Units);
86 (iv) the Adult Education Program, described in Section 53F-2-401;
87 (v) state support of pupil transportation, described in Section 53F-2-402;
88 (vi) the Enhancement for Accelerated Students Program, described in Section
89 53F-2-408;
90 (vii) the Concurrent Enrollment Program, described in Section 53F-2-409;
91 (viii) the juvenile gang and other violent crime prevention and intervention program,
92 described in Section 53F-2-410; and
93 (ix) dual language immersion, described in Section 53F-2-502; and
94 (b) the estimated state cost of adjusting for enrollment growth, in the next fiscal year, the
95 current fiscal year's ongoing state tax fund appropriations to the following programs:
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96 (i) a program described in Subsection (1)(a);
97 (ii) educator salary adjustments, described in Section 53F-2-405;
98 (iii) the [Teacher Salary Supplement Program] Salary Supplement for Highly Needed
99 Educators Program, described in Section 53F-2-504;
100 (iv) the Voted and Board Local Levy Guarantee programs, described in Section
101 53F-2-601; and
102 (v) charter school local replacement funding, described in Section 53F-2-702.
103 (2) (a) In or before December each year, the Executive Appropriations Committee shall
104 determine:
105 (i) the cost of the inflation adjustment described in Subsection (1)(a); and
106 (ii) the cost of the enrollment growth adjustment described in Subsection (1)(b).
107 (b) The Executive Appropriations Committee shall make the determinations described in
108 Subsection (2)(a) based on recommendations developed by the Office of the
109 Legislative Fiscal Analyst, in consultation with the state board and the Governor's
110 Office of Planning and Budget.
111 (3) If the Executive Appropriations Committee includes in the public education base budget
112 or the final public education budget an increase in the value of the WPU in excess of the
113 amounts described in Subsection (1)(a), the Executive Appropriations Committee shall
114 also include an appropriation to the Local Levy Growth Account established in Section
115 53F-9-305 in an amount equivalent to at least 0.5% of the total amount appropriated for
116 WPUs in the relevant budget.
117 Section 3. Section 53F-7-203 is amended to read:
118 53F-7-203 . Paid professional hours for educators.
119 (1) As used in this section:
120 (a) "Paid professional hours" means hours outside of an educator's contracted hours.
121 (b) "Qualifying time" means the hours spent engaged in professional learning, including:
122 (i) time spent traveling for the professional learning; and
123 (ii) time engaged in the professional learning.
124 (c) "Qualifying time" does not include time spent:
125 (i) outside of the professional learning environment; or
126 (ii) between the professional learning activities or sessions once the professional
127 learning has ended for the day;
128 (2) Subject to legislative appropriations, the state board shall provide funding to each LEA
129 to provide additional paid professional hours to the following educators in accordance
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130 with this section:
131 (a) general education and special education teachers;
132 (b) counselors;
133 (c) school administration;
134 (d) school specialists;
135 (e) student support;
136 (f) school psychologists;
137 (g) speech language pathologists; and
138 (h) audiologists.
139 [(2)] (3) The state board shall distribute funds appropriated to the state board under
140 Subsection 53F-9-204(6) to each LEA in proportion to the number of educators
141 described in Subsection [(1)] (2) within the LEA.
142 [(3)] (4) An LEA shall use funding under this section to provide paid professional hours that:
143 (a) provide educators with the knowledge and skills necessary to enable students to
144 succeed in a well-rounded education and to meet the challenging state academic
145 standards; and
146 (b) may include activities that:
147 (i) improve and increase an educator's:
148 (A) knowledge of the academic subjects the educator teaches;
149 (B) time to plan and prepare daily lessons based on student needs;
150 (C) understanding of how students learn; and
151 (D) ability to analyze student work and achievement from multiple sources,
152 including how to adjust instructional strategies, assessments, and materials
153 based on the analysis;
154 (ii) are an integral part of broad school-wide and LEA-wide educational improvement
155 plans;
156 (iii) allow personalized plans for each educator to address the educator's specific
157 needs identified in observation or other feedback;
158 (iv) advance educator understanding of:
159 (A) effective and evidence-based instructional strategies; and
160 (B) strategies for improving student academic achievement or substantially
161 increasing the knowledge and teaching skills of educators;
162 (v) are aligned with, and directly related to, academic goals of the school or LEA; [
163 and]
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164 (vi) as determined between an educator and principal, use qualifying time for
165 professional learning that follows a comprehensive evidence-based approach to
166 improving an educator's effectiveness in raising student achievement, including:
167 (A) trainings;
168 (B) conferences;
169 (C) seminars;
170 (D) workshops; and
171 (E) coursework that is not related to requirements for a degree from an institution
172 of higher education; and
173 [(vi)] (vii) include instruction in the use of data and assessments to inform and instruct
174 classroom practice[.] ; and
175 (c) may include expenses an educator incurs for professional learning, including:
176 (i) registration fees;
177 (ii) travel related expenses at the allowable rates established by the Division of
178 Finance under Sections 63A-3-106 and 63A-3-107;
179 (iii) required materials; and
180 (iv) hourly pay for qualifying time equivalent to the educator's contracted hourly rate
181 in the most recent school year.
182 [(4)] (5) (a) An educator shall:
183 (i) on or before the fifth day of instruction in a given school year, create a plan, in
184 consultation with the educator's principal, on how the educator plans to use paid
185 professional hours provided under this section [during the school year]; and
186 (ii) before the end of a given [school] fiscal year, provide a written statement to the
187 educator's principal of how the educator used paid professional hours provided
188 under this section [during the school year].
189 (b) (i) Subsection [(4)(a)(i)] (5)(a)(i) does not limit an educator who begins
190 employment after the fifth day of instruction in a given year from receiving paid
191 professional hours under this section.
192 (ii) An LEA may prorate the paid professional hours of an educator who begins
193 employment after the fifth day of instruction in a given year according to the
194 portion of the school year for which the LEA employs the educator.
195 Section 4. Section 53G-11-501 is amended to read:
196 53G-11-501 . Definitions.
197 As used in this part:
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198 (1) "Administrator" means an individual who supervises educators and holds an appropriate
199 license [issued by the state board.] .
200 (2) "Career educator" means a licensed employee who has a reasonable expectation of
201 continued employment under the policies of a local school board.
202 (3) "Career employee" means an employee of a school district who has obtained a
203 reasonable expectation of continued employment based upon Section 53G-11-503 and
204 an agreement with the employee or the employee's association, district practice, or
205 policy.
206 (4) "Chronically absent" means a student who:
207 (a) was enrolled in an LEA for at least 60 calendar days; and
208 (b) missed 10% or more days of instruction, whether the absence was excused or not.
209 [(4)] (5) "Contract term" or "term of employment" means the period of time during which an
210 employee is engaged by the school district under a contract of employment, whether oral
211 or written.
212 [(5)] (6) "Dismissal" or "termination" means:
213 (a) termination of the status of employment of an employee;
214 (b) failure to renew or continue the employment contract of a career employee beyond
215 the then-current school year;
216 (c) reduction in salary of an employee not generally applied to all employees of the same
217 category employed by the school district during the employee's contract term; or
218 (d) change of assignment of an employee with an accompanying reduction in pay, unless
219 the assignment change and salary reduction are agreed to in writing.
220 [(6)] (7) "Educator" means an individual employed by a school district who is required to
221 hold a professional license issued by the state board, except:
222 (a) a superintendent; or
223 (b) an individual who works less than three hours per day or is hired for less than half of
224 a school year.
225 [(7)] (8) (a) "Employee" means a career or provisional employee of a school district,
226 except as provided in Subsection (7)(b).
227 (b) Excluding Section 53G-11-518, for purposes of this part, "employee" does not
228 include:
229 (i) a district superintendent or the equivalent at the Utah Schools for the Deaf and the
230 Blind;
231 (ii) a district business administrator or the equivalent at the Utah Schools for the Deaf
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232 and the Blind; or
233 (iii) a temporary employee.
234 [(8)] (9) "Formative evaluation" means a planned, ongoing process which allows educators
235 to engage in reflection and growth of professional skills as related to the Utah Effective
236 Teaching Standards.
237 (10) "Last-hired, first-fired layoff policy" means a staff reduction policy that mandates the
238 termination of an em