Utah Code 53F-2-526. Excellence in Education and Leadership Supplement
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(1) As used in this section:
Terms Used In Utah Code 53F-2-526
- 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
- Contract: A legal written agreement that becomes binding when signed.
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- 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
- Property: includes both real and personal property. 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
(1)(a) “Center” means the Center for the School of the Future at Utah State University established in Section 53B-18-801 .
(1)(b) “Eligible teacher” means a teacher who is a top-performing teacher that the center determines using an LEA’s assessment methods, including:
(1)(b)(i) student growth or achievement measures;
(1)(b)(ii) professional evaluations;
(1)(b)(iii) parent surveys; and
(1)(b)(iv) other data-driven criteria the LEA establishes and the center verifies for validity.
(1)(c) “Eligible teacher” includes an individual whom an LEA participating in the program employs and who holds:
(1)(c)(i) a license the state board issues; and
(1)(c)(ii) a position that includes a current classroom teaching assignment.
(1)(d) “High poverty school” means the same as the term is defined in Section 53F-2-513 .
(1)(e) “LEA” means:
(1)(e)(i) a school district;
(1)(e)(ii) charter school; and
(1)(e)(iii) a regional education service agency.
(1)(f) “Program” means the Excellence in Education and Leadership Supplement created in Subsection (2).
(1)(g) “Tier performance level” means the following levels of performance for a teacher in comparison to all teachers the center determines in accordance with Subsection (7):
(1)(g)(i) the top 5% of teachers;
(1)(g)(ii) the next 6%-10% of teachers; and
(1)(g)(iii) the next 11%-25% of teachers.
(1)(h) “Top-performing” means the top 25% of teachers in comparison to all teachers the center determines using the methods described in Subsection (1)(b).
(2) Beginning July 1, 2024, there is created a five-year pilot program known as the Excellence in Education and Leadership Supplement to provide a salary supplement to an eligible teacher in recognition for outstanding instructional talent.
(3)
(3)(a) No later than December 31, 2024, an LEA shall declare the LEA’s intent to participate in the program to the center.
(3)(b) If an LEA declares an intent to participate in the program, the LEA shall:
(3)(b)(i) develop a process for a school principal or the principal’s designee to assess a teacher’s performance consistent with this section to determine if a teacher is an eligible teacher, including the corresponding tier performance level; and
(3)(b)(ii) create an appeals process for an employee who is not nominated to be an eligible teacher.
(4) No later than April 1, 2025, an LEA shall:
(4)(a) attend a training that the center creates regarding the guidelines for developing a process described in Subsection (3); and
(4)(b) develop and submit for approval the LEA’s process described in Subsection (3) to the center.
(5)
(5)(a) The center shall review the LEA’s process described in Subsection (3) and approve the process or request that the LEA make changes to the submitted process.
(5)(b) If the center requests changes to the LEA’s submitted process, the LEA shall work with the center to make necessary changes to receive final approval from the center.
(5)(c) No later than June 30, 2025, the center shall provide final approval or denial of an LEA’s process.
(6) Before the start of the 2025-2026 school year, an LEA with an approved process as described in Subsection (5) shall:
(6)(a) ensure each school principal or the principal’s designee attends a training that the center creates regarding:
(6)(a)(i) how to effectively use the LEA’s approved process to select and submit to the center nominations for eligible teachers, including the corresponding tier performance level; and
(6)(a)(ii) how to protect student and educator data privacy when submitting nominations and applications, as described in Subsection (9)(b)(ii).
(6)(b) provide information to teachers within the LEA regarding the program and how the school’s principal or principal’s designee will use the approved LEA process to make nominations of eligible teachers;
(6)(c) ensure each school principal or the principal’s designee uses the LEA’s approved process to evaluate and select which teachers within the school to nominate as eligible teachers, including the corresponding tier performance level; and
(6)(d) as provided in Subsection (9), submit to the center a list of the nominated eligible teachers for the center to consider.
(7) In assessing if a nominated teacher is an eligible teacher, the center shall create an assessment process that:
(7)(a) uses the methods described in Subsection (1)(b);
(7)(b) calibrates the submissions an LEA submits to determine, for all nominated teachers statewide, which teachers are eligible teachers, including the corresponding tier performance level;
(7)(c) may use additional criteria as determined by the center in consultation with participating LEAs; and
(7)(d) establishes a scoring rubric including the scores required for a designation in each tier performance level.
(8)
(8)(a) The center shall collaborate with LEAs to create:
(8)(a)(i) selection and submission guidelines for:
(8)(a)(i)(A) the approval of the LEA’s process as described in Subsection (5); and
(8)(a)(i)(B) the list of nominated eligible teachers described in Subsection (6);
(8)(a)(ii) methods to determine student growth and achievement measures for subject areas that do not have standardized assessment data;
(8)(a)(iii) the weightings for each element of the assessment process described in Subsection (7); and
(8)(a)(iv) the trainings described in this section.
(8)(b) The center may provide program related technical assistance to an LEA.
(9)
(9)(a) An LEA shall:
(9)(a)(i) apply to the center on behalf of the nominated eligible teachers within the LEA through a process and format that the center determines; and
(9)(a)(ii) ensure a school principal or the principal’s designee reevaluates an eligible teacher’s designation under this section every three years.
(9)(b) The center shall:
(9)(b)(i) create an application process for an LEA to submit the list of nominated eligible teachers described in Subsection (9)(a);
(9)(b)(ii) coordinate with the state board in the creation of the application process described in Subsection (9)(b)(i) to ensure that any sharing of student and educator data during the application process:
(9)(b)(ii)(A) complies with the Family Educational Rights and Privacy Act, 34 C.F.R. part 99;
(9)(b)(ii)(B) complies with Title 53E, Chapter 9, Student Privacy and Data Protection; and
(9)(b)(ii)(C) uses disclosure avoidance techniques, including aggregating and otherwise de-identifying data;
(9)(b)(iii) no later than October 1, 2026, determine if a nominated teacher is an eligible teacher through the process described in Subsection (7);
(9)(b)(iv) verify:
(9)(b)(iv)(A) the validity of the LEA’s process and assessment of an eligible teacher as described in Subsections (4) and (5); and
(9)(b)(iv)(B) the nominations described in Subsection (7) with the LEA and school administrators;
(9)(b)(v) certify a list of eligible teachers, including the total amount of funding the LEA receives for the LEA’s eligible teachers; and
(9)(b)(vi) provide the list described in Subsection (9)(b)(iv) to the state board.
(10)
(10)(a) Subject to legislative appropriations, the state board shall:
(10)(a)(i) disburse funding to an LEA in the amount the center verifies that an LEA qualifies to receive for salary supplements under this section; and
(10)(a)(ii)
(10)(a)(ii)(A) except as provided in Subsection (10)(a)(ii)(B), allocate 1% of the funds appropriated under this section to the center; and
(10)(a)(ii)(B) provide no more than $500,000 to the center each fiscal year from the funds described in Subsection (10)(a)(ii)(A).
(10)(b) The annual salary supplement for an eligible teacher is:
(10)(b)(i) $10,000 for a teacher in the top 5% of teachers;
(10)(b)(ii) $5,000 for a teacher in the next 6%-10% of teachers; and
(10)(b)(iii) $2,000 for a teacher in the next 11%-25% of teachers.
(10)(c) If the eligible teacher is employed at a high poverty school, the eligible teacher shall receive an additional salary supplement that is equal in amount to the eligible teacher’s salary supplement described in Subsection (10)(b).
(11)
(11)(a) An LEA shall:
(11)(a)(i) use the program funds to provide a salary supplement equal to the amount specified in Subsection (10) for each eligible teacher in each tier performance level; and
(11)(a)(ii) provide the salary supplement in an eligible teacher’s regularly occurring compensation in equal amounts through the contracted school years related to the salary supplement award.
(11)(b) An LEA:
(11)(b)(i) may use up to 4% of the money appropriated to the LEA for salary supplements to cover administrative costs associated with implementing the program;
(11)(b)(ii) may use money appropriated to the LEA for the salary supplement for employer-paid benefits; and
(11)(b)(iii) may not include a salary supplement received under this section:
(11)(b)(iii)(A) in a retirement calculation; or
(11)(b)(iii)(B) as part of retirement contributions.
(11)(c) The salary supplement is not part of an eligible teacher’s base pay, and is subject to the eligible teacher’s designation as an eligible teacher.
(12) Notwithstanding the provisions of this section, if the appropriation for the program is insufficient to cover the costs associated with salary supplements, an LEA may distribute the funds to each eligible teacher of the same tier of performance level on a pro rata basis.
(13) The center and the state board shall collaborate regarding data sharing and other relevant interactions to facilitate the successful administration of the program.
(14)
(14)(a) An eligible teacher that receives a salary supplement under the program has no vested property right in the salary supplement or the designation as an eligible teacher.
(14)(b) An eligible teacher’s salary supplement and designation under this section are void if the school principal or principal’s designee, LEA, or the center made or certified the designation improperly.
(15)
(15)(a) Subject to prioritization of the Audit Subcommittee, unless the state board contracts a private auditor in accordance with Subsection (15)(b), the Office of the Legislative Auditor General established under Section 36-12-15 shall, in any fiscal year:
(15)(a)(i) conduct an audit of the program including:
(15)(a)(i)(A) an evaluation of the implementation of the program; and
(15)(a)(i)(B) the efficacy of the program, including program outcomes; and
(15)(a)(ii) prepare and submit a written report for an audit described in this section in accordance with Subsection 36-12-15 (4)(b)(ii).
(15)(b) Subject to legislative appropriations, the state board may contract with an external auditor to perform the audit described in this Subsection (15).
(16)
(16)(a) The center shall report to the Education Interim Committee no later than the 2024 October meeting the following:
(16)(a)(i) the methodology and process the center develops to achieve the requirements of Subsection (7);
(16)(a)(ii) relevant data and updates resulting from the collaborations described in Subsection (8);
(16)(a)(iii) any recommendations for future legislation; and
(16)(a)(iv) data regarding salary supplement programs, including:
(16)(a)(iv)(A) different approaches used to reward teacher performance, including different evaluation methods;
(16)(a)(iv)(B) research outlining the effectiveness and impact of different salary supplement amounts on teacher retention; and
(16)(a)(iv)(C) other considerations for impactful salary supplement programs in relation to teacher retention.
(16)(b) Beginning November 1, 2026, the center shall provide an annual report to the Education Interim Committee regarding:
(16)(b)(i) the statewide metrics used in accordance with Subsection (7);
(16)(b)(ii) de-identified and aggregated data showing the number of:
(16)(b)(ii)(A) salary supplements per school, including total number of eligible teachers in each school;
(16)(b)(ii)(B) eligible teachers in high poverty schools;
(16)(b)(ii)(C) eligible teachers in each tier performance level;
(16)(b)(ii)(D) eligible teachers in subject areas that do not have standardized assessments; and
(16)(b)(ii)(E) salary supplement denials per school, including the reasons for a denial;
(16)(b)(iii) proportion of eligible teachers in:
(16)(b)(iii)(A) school districts; and
(16)(b)(iii)(B) charter schools; and
(16)(b)(iv) teacher retention data for a school where an eligible teacher is employed.