Effective 7/1/2023

53F-2-504.  Teacher Salary Supplement Program.

(1)  As used in this section:

Terms Used In Utah Code 53F-2-504 v2

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See 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)  “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; 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:

(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).

(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 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 may distribute the funds in the Teacher Salary Supplement Program on a pro rata basis.

Amended by Chapter 373, 2023 General Session

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