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The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

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Rule R277-113. One-time Performance-based Compensation Program.

As in effect on August 1, 2009

Table of Contents

R277-113-1. Definitions.

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

B. "Employee" means an individual receiving compensation from a qualifying education entity, not including short term substitute employees or volunteers.

C. "Qualifying education entity" means a school district or charter school that has met all of the requirements of this rule, including timely submission of the required performance-based compensation plan to the Board.

R277-113-2. 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 permits the Board to adopt rules in accordance with its responsibilities, and Section 53A-17a-148(6) which permits the Board to make rules as necessary to administer the program.

B. The purpose of this rule is to provide criteria for school district and charter school participation in the Performance-based Compensation Program and for distribution of funds to eligible participants.

R277-113-3. School District and Charter School Responsibilities.

A. School districts and charter schools that elect to participate in the one-time performance-based compensation program shall submit performance-based compensation plans to the Board. Plans of qualifying education entities shall include all the elements required under Section 53A-17a-148(5)(b)(ii).

B. The plan applies to the 2008-09 school year only.

C. Plans shall provide for distribution of performance-based compensation only for employee performance during the 2008-09 school year.

D. School districts and charter schools are encouraged to include additional elements in submitted plans such as:

(1) measures of student academic progress or growth;

(2) specific measures of instructional quality;

(3) measures of quality or efficiency in education support functions;

(4) measures of parent and student satisfaction;

(5) measures of school and school district progress; and

(6) other measures that demonstrate improved academic, instructional, or education support performance.

E. School districts and charter schools are encouraged to include employees, employee association representatives, parents, and others in the development of performance-based compensation plans.

F. Local school boards and charter school governing boards shall review and approve performance-based plans prior to the submission of plans to the Board.

G. Participating school districts and charter schools shall provide reports related to this program as requested by the Board and shall provide summary evaluations of the plans including the plans' effectiveness by July 1, 2009.

H. Participating school districts and charter schools shall submit plans to the USOE prior to July 1, 2008.

R277-113-4. Board Responsibilities.

A. The Board shall approve plans that include the elements required under Section 53A-17a- 148(5)(b)(ii).

B. The Board shall immediately notify any school district or charter school that submits a plan that is deemed deficient or ineligible or both and may allow for resubmission of plans before July 1, 2008.

C. Plans shall be sent to the Education Interim Committee for review on or before August 1, 2008.

D. Funds shall be distributed to participating school districts and charter schools on a per-pupil basis in a one-time transfer prior to December 1, 2008.

E. The Board shall collect information from participating school districts and charter schools as needed to enable a complete and accurate report to the Legislature as required, including an assessment of the effectiveness of school district and charter school plans.

KEY

performance-based compensation program

Date of Enactment or Last Substantive Amendment

July 8, 2008

Authorizing, Implemented, or Interpreted Law

Art X Sec 3; 53A-1-401(3); 53A-17a-148(6)

Rule converted into HTML by the Division of Administrative Rules.

For questions regarding the content or application of rules under Title R277, please contact the promulgating agency (Education, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is not able to answer questions about the content or application of these rules.

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