Bill Summary – FastDemocracy

Enrolled Copy                                                                         S.B. 21
                                 EDUCATION AMENDMENTS
                                      2020 GENERAL SESSION
                                          STATE OF UTAH
                                Chief Sponsor: Kathleen Riebe
                               House Sponsor: Andrew Stoddard
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 LONG TITLE
 General Description:
        This bill amends provisions regarding requirements on the Utah State Board of
 Education and programs that the Utah State Board of Education administers.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < removes language requiring a teacher to submit an annual application for a salary
 supplement;
        < removes a requirement in the Educational Improvement Opportunities Outside of
 the Regular School Day Grant Program that matching funds be private;
        < amends a definition regarding a waiver of immunity related to sexual battery and
 sexual assault against a student under certain conditions; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        53E-4-401, as enacted by Laws of Utah 2018, Chapter 1
        53F-2-504, as last amended by Laws of Utah 2019, Chapters 134, 186, and 283
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        53F-5-210, as last amended by Laws of Utah 2019, Chapter 186
        63G-7-301, as last amended by Laws of Utah 2019, Chapters 229 and 248
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 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53E-4-401 is amended to read:
        53E-4-401. Definitions.
        As used in this part, "instructional materials" means textbooks or materials used as, or
 in place of, textbooks and which may be used within the state curriculum framework for
 courses of study by students in public schools [to include], including:
        (1) textbooks;
        (2) workbooks;
        (3) computer software;
        (4) [laser discs or videodiscs] online or Internet courses; and
        (5) [multiple forms of communications] audio and video media.
        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) is a new employee or received at least a satisfactory rating on the teacher's most
 recent evaluation.
        (b) "Field of computer science" means:
        (i) computer science; or
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       Enrolled Copy                                                                           S.B. 21
        (ii) computer information technology.
        (c) "Field of science" means:
        (i) integrated science;
        (ii) chemistry;
        (iii) physics;
        (iv) physical science; or
        (v) general science.
        (d) "License" means the same as that term is defined in Section 53E-6-102.
        (e) "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; 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
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        (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.
        (f) "Qualifying teaching background" means the teacher has been teaching the same
 supplement-approved assignment in Utah public schools for at least 10 years.
        (g) "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; or
        (vi) special 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 $4,100 and funded through an appropriation described
 in Subsection (2).
        (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.
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        Enrolled Copy                                                                              S.B. 21
        (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) (a) An eligible teacher shall apply to the state board [before the conclusion of a
 school year], as provided by the board, to receive the salary supplement authorized in this
 section.
        (b) An eligible teacher may [apply to the state board], after verification that the
 requirements under this section have been satisfied, [to] receive a salary supplement after the
 completion of:
        (i) the school year as an annual award; or
        (ii) a semester or trimester as a partial award based on the portion of the school year
 that has been completed.
        (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).
        (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
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 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) 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 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 shall
 distribute the funds in the Teacher Salary Supplement Program on a pro rata basis.
        Section 3. Section 53F-5-210 is amended to read:
        53F-5-210. Educational Improvement Opportunities Outside of the Regular
 School Day Grant Program.
        (1) As used in this section:
        (a) "Applicant" means an LEA, private provider, nonprofit provider, or municipality
 that provides an existing program and applies for a grant under the provisions of this section.
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       Enrolled Copy                                                                             S.B. 21
        (b) "Existing program" means a currently funded and operating program, as described
 in Subsections 53E-3-508(1)(a) and (b).
        (c) "Grant program" means the Educational Improvement Opportunities Outside of the
 Regular School Day Grant Program created in Subsection (2).
        (d) "Grantor" means:
        (i) for an LEA that receives a grant under this section, the state board; or
        (ii) for a private provider, nonprofit provider, or municipality that receives a grant
 under this section, the Department of Workforce Services.
        (e) "Local education agency" or "LEA" means a school district or charter school.
        (2) There is created the Educational Improvement Opportunities Outside of the Regular
 School Day Grant Program to provide grant funds for an existing program to improve and
 develop the existing program in accordance with the high quality standards described in
 Section 53E-3-508.
        (3) Subject to legislative appropriation and in accordance with Subsection (7):
        (a) the state board shall:
        (i) solicit LEA applications to receive a grant under this section; and
        (ii) award a grant based on the criteria described in Subsection (5); and
        (b) the Department of Workforce Services shall:
        (i) solicit private provider, nonprofit provider, or municipality applications to receive a
 grant under this section; and
        (ii) award a grant based on the criteria described in Subsection (5).
        (4) To receive a grant under this section, an applicant shall submit a proposal to the
 grantor describing:
        (a) how the applicant proposes to develop and improve the existing program to meet
 the standards described in Section 53E-3-508;
        (b) information necessary for the state board to determine the impact of the applicant's
 program on the academic performance of participating students;
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        (c) the total number of students the applicant proposes to serve through the existing
 program;
        (d) the estimated percentage of the students described in Subsection (4)(c) who qualify
 for free or reduced lunch; and
        (e) the estimated cost of the applicant's existing program, per student.
        (5) In awarding a grant under Subsection (3), the grantor shall consider:
        (a) how an applicant's existing program proposes to meet the standards described in
 Section 53E-3-508; and
        (b) the percentage of students in that program who qualify for free and reduced lunch.
        (6) An applicant that receives a grant under this section shall:
        (a) use the grant to improve an existing program in accordance with the standards
 described in Section 53E-3-508; and
        (b) annually report to the grantor:
        (i) the number of students served by the existing program;
        (ii) the academic outcomes that the program is expected to have on participating
 students;
        (iii) program attendance rates of participating students; and
        (iv) other information required by the grantor.
        (7) (a) To receive a distribution of grant money under this section, an applicant shall
 identify and certify the availability of [private] matching funds in the amount of the grant to be
 distributed to the applicant.
        (b) Neither the state board nor the Department of Workforce Services shall be expected
 to seek [private] matching funds for this grant program.
        (8) The state board shall make rules to administer this section that include:
        (a) specific criteria to determine academic performance;
        (b) application and reporting procedures; and
        (c) criteria for an existing program to qualify for a grant under this section.
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        Enrolled Copy                                                                              S.B. 21
        (9) The Department of Workforce Services shall make rules to administer the grant
 program as described in Subsection (3)(b).
        (10) In accordance with 34 C.F.R. Sec. 99.35, the state board shall designate the
 Department of Workforce Services as an authorized representative for the purpose of sharing
 student data and evaluating and reporting the impact and effectiveness of the grant program.
        (11) The state board and the Department of Workforce Services may utilize up to 10%
 of the funds appropriated for administrative costs associated with the grant program and the
 report described in Subsection (12).
        (12) The state board shall report to the Education Interim Committee before November
 30, 2019, regarding:
        (a) the grant program's effect on the quality of existing programs that participate in the
 grant program; and
        (b) the impact of the existing programs on the academic performance of participating
 students.
        Section 4. Section 63G-7-301 is amended to read:
        63G-7-301. Waivers of immunity.
        (1) (a) Immunity from suit of each governmental entity is waived as to any contractual
 obligation.
        (b) Actions arising out of contractual rights or obligations are not subject to the
 requirements of Sections 63G-7-401, 63G-7-402, 63G-7-403, or 63G-7-601.
        (c) The Division of Water Resources is not liable for failure to deliver water from a
 reservoir or associated facility authorized by Title 73, Chapter 26, Bear River Development
 Act, if the failure to deliver the contractual amount of water is due to drought, other natural
 condition, or safety condition that causes a deficiency in the amount of available water.
        (2) Immunity from suit of each governmental entity is waived:
        (a) as to any action brought to recover, obtain possession of, or quiet title to real or
 personal property;
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