DAR File No. 31572

Education, Administration

R277-110

Legislative Supplemental Salary Adjustment

NOTICE OF PROPOSED RULE

DAR File No.: 31572
Filed: 06/16/2008, 03:26
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide for 2008 legislative changes in S.B. 2 regarding educator salary adjustments. (DAR NOTE: S.B. 2 (2008) is found at Chapter 397, Laws of Utah 2008, and was effective 03/20/2008.)

Summary of the rule or change:

The amendments to the rule include: providing for a $1,700 salary adjustment; adding an employee evaluation component; clarifying that each year's supplement becomes part of the educator salary independent of other adjustments; and setting the date of November 15 for data submission required for disbursing funds.

State statutory or constitutional authorization for this rule:

Subsections 53A-1-401(3) and 53A-17a-153(6)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The 2008 Legislature appropriated funds specifically for this purpose.

local governments:

There are no anticipated costs or savings to local government. Eligible educators will receive a salary adjustment funded fully by the 2008 Legislature.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses AND persona other than businesses. The 2008 legislative appropriation is specifically for educators in the public schools.

Compliance costs for affected persons:

There are no compliance costs for affected persons. An eligible educator will receive the 2008 legislative salary adjustment.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2008

This rule may become effective on:

08/07/2008

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-110. Legislative Supplemental Salary Adjustment.

R277-110-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "District or charter school" means a public school funded by the Utah State Legislature through the Minimum School Program.

C. "Educator" means a teacher or other individual[s] as defined by the Utah State Legislature in 53A-17a-153[ (1) Educator Salary Adjustments].

D. "Educator Salary Adjustments" means salary increases paid annually in equal amounts to educators as defined in 53A-17a-153(1). The adjustment amount for 2007-08 was $2500. The adjustment amount for 2008-09 is $1700.

E. "USOE" means the Utah State Office of Education.

F. "USDB" means Utah Schools for the Deaf and the Blind.

 

R277-110-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of Public Education in the Board, Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities, and Section 53A-17a-153(6) which authorizes the Board to make rules regarding educator salary adjustments.

B. The purpose of this rule is to outline a consistent method for enacting educator salary adjustments in accordance with Section 53A-17a-153, Educator Salary Adjustments[, enacted by the 2007 Legislature].

 

R277-110-3. Procedures.

A. Each school district, charter school and USDB shall:

(1) have employee evaluation procedures consistent with Title 53A, Chapter 10; schools exempt from Title 53A, Chapter 10 shall have employee evaluation procedures in place to participate in the Program and receive funds under Section 53A-17a-153.

([1]2) put the Educator Salary Adjustment appropriation into the school district's, charter school's or USDB's salary schedule each year that an educator salary adjustment is appropriated by the Legislature;

([2]3) ensure the amount of the Educator Salary Adjustment is the same for each full-time-equivalent educator position in the school district, charter school, or the USDB;

([3]4) ensure that each person who is not a full-time educator receives a proportional salary adjustment based on the number of hours the person works in his current assignment as an educator;

([4]5) ensure that each educator who receives a salary adjustment for school year 2007-08 or 2008-09 or both has received a satisfactory or above job performance rating in his most recent evaluation concluded in the school year prior to the year for which the adjustment is made; new hires are considered to have met this requirement by successfully completing the position hiring process and being selected for an educator position.

B. Once an educator qualifies for an adjustment in a designated school year, the adjustment becomes an ongoing part of the educator's salary.

[B]C. The educator shall be:

(1) a classroom teacher (2007-08 and 2008-09);

(2) speech pathologist (2007-08 and 2008-09);

(3) librarian or media specialist (2007-08 and 2008-09);

(4) preschool teacher (2007-08 and 2008-09);

(5) school building level administrator (2007-08);

(6) mentor teacher (2007-08 and 2008-09);

(7) teacher specialist (2007-08 and 2008-09);

(8) teacher leader (2007-08 and 2008-09);

(9) guidance counselor (2007-08 and 2008-09);

(10) audiologist (2007-08 and 2008-09);

(11) psychologist (2007-08 and 2008-09); or

(12) social worker as defined in 53A-17a-153 (1) (2007-08 and 2008-09).

[C]D. The educator shall be licensed, employed by a school district, charter school, or the Utah Schools for the Deaf and the Blind and hold a current license issued under Title 53A, Chapter 6, Educator Licensing and Professional Practices Act.

[D]E. Each school district, charter school, and the USDB shall annually note on the appropriate salary schedule:

(1) the amount of the Educator Salary Adjustment;

(2) the positions qualifying for the adjustment;

(3) that a satisfactory or better performance rating is required to receive the adjustment; and

[E]F. For the 200[7]8-09 school year, school districts, charter schools and the USDB shall note satisfactory performance ratings.

[F]G. The USOE shall remit to school districts, charter schools and USDB, through monthly bank transfers and allotment memos beginning in July of each year, an estimated educator salary adjustment amount to be adjusted in November of each year to match the number of qualified educators in the CACTUS data base system.

[G]H. Adjustments to CACTUS after November 15 of each year shall not count towards the amount for Educator Salary Adjustments until the following year.

[H]I. Educator Salary Adjustments may not be included when calculating the weighted average compensation adjustment for non-administrative licensed staff.

 

R277-110-4. Reports.

A. School districts, charter schools and USDB shall maintain adequate accounting records to submit an annual report summarizing the uses and recipients of Educator Salary Adjustment funds to USOE each year by November 1 on USOE-designated forms.

(1) School districts, charter schools and USDB, shall

(a) Maintain the information by program and;

(b) Carry over any unused balances within the program for use in the following year.

(2) Reports shall balance with amounts reported on the AFR (Annual Financial Report) and the APR (Annual Program Report).

(3) Failure to submit the required reports on a timely basis may result in withholding of school district, charter school or USDB funds until the report is submitted in an acceptable format and is complete, or may render the school district, charter school or USDB, ineligible for participation in the Educator Salary Adjustment program the following year.

(4) Failure to remedy allocation of funds not in accordance with Section 53A-17a-153, Educator Salary Adjustment, and R277-110, Legislative Supplemental Salary Adjustment, shall also result in withholding of school district, charter school or USDB funds for the Educator Salary Adjustment program until an appropriate remedy is implemented and verified.

 

KEY: educators, salary adjustments

Date of Enactment or Last Substantive Amendment: [August 7, 2007]2008

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-17a-153(6)