Effective 7/1/2023

53F-2-405.  Educator salary adjustments.

(1)  As used in this section, “educator” means a person employed by a school district, charter school, or the Utah Schools for the Deaf and the Blind who holds:

Terms Used In Utah Code 53F-2-405 v2

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Person: means :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(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, 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, 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, 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, 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, and the Utah Schools for the Deaf and the Blind.

(4)  A school district, a charter school, 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 4, is funded and in effect, $8,400; or

(ii)  if 4, 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

(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, 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).

Amended by Chapter 1, 2023 General Session
Amended by Chapter 373, 2023 General Session