2012 Utah Code
Title 53A - State System of Public Education
Article 17a - Minimum School Program Act
Section 156 - Teacher Salary Supplement Program -- Appeal process.

(1) As used in this section:

(a) "Department" means the Department of Human Resource Management, established in Section 67-19-5.

(b) "Eligible teacher" means a teacher who:

(i) has an assignment to teach:

(A) a secondary school level mathematics course;

(B) integrated science in grade seven or eight;

(C) chemistry; or

(D) physics;

(ii) holds the appropriate endorsement for the assigned course;

(iii) has qualifying educational background; and

(iv) (A) is a new employee; or

(B) received a satisfactory rating or above on the teacher's most recent evaluation.

(c) "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; and

(ii) for a teacher who is assigned a grade seven or eight integrated science course, chemistry course, or physics course, a bachelor's degree major, master's degree, or doctoral degree in:

(A) integrated science;

(B) chemistry;

(C) physics;

(D) physical science;

(E) general science; or

(F) 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 degree listed in Subsections (1)(c)(ii)(A) through (E).

(2) (a) Subject to future budget constraints, the Legislature shall annually appropriate money to the Teacher Salary Supplement Restricted Account established in Section 53A-17a-157 to fund the Teacher Salary Supplement Program.

(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) Beginning in fiscal year 2008-09, the annual salary supplement is $4,100 for an eligible teacher who:

(i) is assigned full time to teach one or more courses listed in Subsections (1)(b)(i)(A) through (D); and

(ii) meets the requirements of Subsections (1)(b)(ii) and (iii) for each course assignment.

(b) An eligible teacher who has a part-time assignment to teach one or more courses listed in Subsections (1)(b)(i)(A) through (D) shall receive a partial salary supplement based on the number of hours worked in a course assignment that meets the requirements of Subsections (1)(b)(ii) and (iii).

(4) The department 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:

(i) is an eligible teacher; and

(ii) has a course assignment as listed in Subsections (1)(b)(i)(A) through (D);

(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 and the amount of their salary supplement, sorted by school district and charter school, to the Division of Finance.

(5) (a) An eligible teacher shall apply with the department before the conclusion of a school year to receive the salary supplement authorized in this section.

(b) An eligible teacher may apply with the department, 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 department shall establish and administer an appeal process for a teacher to follow if the teacher applies for the salary supplement and is not certified under Subsection (4)(d).

(b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to appeal on the basis that the teacher has a degree or degree major with course requirements that are substantially equivalent to the course requirements for a degree listed in Subsection (1)(c)(i)(A) or Subsections (1)(c)(ii)(A) through (E).

(ii) A teacher shall provide transcripts and other documentation to the department in order for the department to determine if the teacher has a degree or degree major with course requirements that are substantially equivalent to the course requirements for a degree listed in Subsection (1)(c)(i)(A) or Subsections (1)(c)(ii)(A) through (E).

(7) (a) The Division of Finance shall distribute money from the Teacher Salary Supplement Restricted Account to school districts and charter schools for the Teacher Salary Supplement Program in accordance with the provisions of this section.

(b) The department shall include the employer-paid benefits described under Subsection (2)(b) in the amount of each salary supplement certified to the Division of Finance.

(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 Restricted Account shall be used by a school district or charter school to provide a salary supplement equal to the amount specified for each eligible teacher.

(b) The salary supplement is part of the teacher's base pay, subject to the teacher's qualification as an eligible teacher every year, semester, or trimester.

(9) The State Board of Education shall cooperate with the department as it administers the Teacher Salary Supplement Program by:

(a) providing or verifying teacher data, as requested;

(b) making information technology resources available; and

(c) providing course descriptions, degree requirements, and other information requested by the department in order for the department to determine if a teacher has a degree or degree major with course requirements that are substantially equivalent to the course requirements for a degree listed in Subsection (1)(c)(i)(A) or Subsections (1)(c)(ii)(A) through (E), as part of the appeal process described in Subsection (6).

(10) Notwithstanding the provisions of this section, if the appropriation for the program is insufficient to cover the costs associated with salary supplements, the department may limit or reduce the salary supplements.

Amended by Chapter 340, 2011 General Session

Amended by Chapter 399, 2011 General Session