53F-2-523.  Salary supplement for National Board-certified teachers.

(1)  As used in this section:

Terms Used In Utah Code 53F-2-523

  • 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.
  • 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)  “National Board certification” means the same as that term is defined in Section 53E-6-102.

(b)  “National Board-certified teacher” or “board-certified teacher” means a teacher who:

(i)  holds a National Board certification; and

(ii)  has an assignment to teach in an LEA.

(c)  “Salary supplement” means a salary supplement for a board-certified or Title I school board-certified teacher described in this section.

(d)  “Title I school” means a school that receives funds under Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq.

(e)  “Title I school board-certified teacher” means a board-certified teacher who is assigned to teach at a Title I school.

(2) 

(a)  Subject to future budget constraints, the Legislature shall:

(i)  annually appropriate money to maintain annual salary supplements provided in previous years; and

(ii)  provide salary supplements to new recipients.

(b)  Money appropriated for salary supplements 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 a board-certified teacher is $1,000.

(b)  The annual salary supplement for a Title I school board-certified teacher is $2,000.

(c)  A board-certified teacher who qualifies for a salary supplement under Subsections (3)(a) and (b) may only receive the salary supplement that is greater in value.

(d)  The employer paid benefits described in Subsection (2)(b) are in addition to an amount described in this Subsection (3).

(4)  The state board shall:

(a)  create an online application system for a teacher to apply to receive a salary supplement;

(b)  establish a deadline by which a teacher is required to apply in order to receive a salary supplement;

(c)  determine whether a teacher who applies for a salary supplement is a board-certified teacher or a Title I school board-certified teacher;

(d)  verify, as needed, a determination made under Subsection (4)(c) with LEA or school administrators; and

(e)  certify a list of board-certified teachers and Title I school board-certified teachers.

(5)  To receive a salary supplement, a board-certified teacher or a Title I school board-certified teacher shall apply to the state board before the deadline described in Subsection (4)(b).

(6)  The state board shall establish and administer an appeal process for a teacher who applies for but does not receive a salary supplement that allows the teacher to appeal eligibility by providing evidence to the state board:

(a)  of the teacher’s National Board certification; or

(b) 

(i)  of the teacher’s National Board certification; and

(ii)  that the teacher is assigned to teach in a Title I school.

(7)  The state board shall:

(a)  distribute money appropriated for salary supplements to LEAs in accordance with the provisions of this section; and

(b)  include the cost of employer-paid benefits described in Subsection (2)(b) in the amount distributed to an LEA for each salary supplement.

(8) 

(a)  An LEA shall use money received under this section to provide a salary supplement to each board-certified teacher and Title I school board-certified teacher in an amount equal to the amount described in Subsection (3).

(b)  A salary supplement is part of a teacher’s base pay, subject to the teacher’s qualification as a board-certified teacher or Title I school board-certified teacher every year, semester, or trimester.

(9)  Notwithstanding the provisions of this section, if an annual appropriation for salary supplements is not sufficient to cover the costs associated with salary supplements, the state board shall distribute the funds on a pro rata basis.

Enacted by Chapter 9, 2020 Special Session 6