DAR File No. 41978

Education, Administration

Rule R277-925

Effective Teachers in High Poverty Schools Incentive Program

Notice of Proposed Rule

(New Rule)

DAR File No.: 41978
Filed: 07/31/2017 02:51:32 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new Rule R277-925 is in response to H.B. 212, from the 2017 General Session, which created the Effective Teachers in High Poverty Schools Incentive Program.

Summary of the rule or change:

This new Rule R277-925 provides standards and procedures for the Utah State Board of Education (Board) to award a salary bonus to LEAs to distribute to an eligible teacher and for the Board to evaluate the effectiveness of the program and submit a report to the Education Interim Committee. An ongoing appropriation was provided by the Legislature to fund the program.

Statutory or constitutional authorization for this rule:

• Section 53A-17a-173
• Art X, Sec 3
• Section 53A-1-401

Anticipated cost or savings to:

the state budget:

Enactment of this new rule will likely not result in a cost or savings to the state budget. An ongoing appropriation is provided to fund the program.

local governments:

Enactment of this new rule may result in a cost to participating local education agencies (LEAs). Participating LEAs will be required to provide date to the Board, distribute money to eligible teachers, and provide at least a 50% of funds to fund the bonus for the eligible teacher. Participating in the program is optional. For LEAs not participating in the program or other local government entities, the rule will likely not result in a cost or savings.

small businesses:

Enactment of this new rule will likely not result in a cost or savings to small businesses. This rule applies to public education and does not affect small businesses.

persons other than small businesses, businesses, or local governmental entities:

Enactment of this new rule will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. An ongoing appropriation is provided to fund the program.

Compliance costs for affected persons:

There will be some administrative compliance costs (reporting, financial distribution, etc.) for LEAs participating in the program. The compliance costs are related to the requirements of Section 53A-17a-173 and not this Rule R277-925. An ongoing appropriation is provided to 50% of the teacher incentives described in the program.

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

After conducting a thorough analysis, it was determined that this new rule will not result in a fiscal impact to businesses.

Sydnee Dickson, State Superintendent

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

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

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@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:

09/14/2017

This rule may become effective on:

09/21/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

R277. Education, Administration.

R277-925. Effective Teachers in High Poverty Schools Incentive Program.

R277-925-1. Authority and Purpose.

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

(b) Section 53A-1-401, which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(c) Section 53A-17a-173, which requires the Board to make rules for the administration of the Effective Teachers in High Poverty Schools Incentive Program.

(2) The purpose of this rule is to provide standards and procedures for the administration of the Effective Teachers in High Poverty Schools Incentive Program.

 

R277-925-2. Definitions.

(1) "Eligible teacher" means the same as that term is defined in Section 53A-17a-173.

(2) "High poverty school" means the same as that term is defined in Section 53A-17a-173.

(3) "Local education agency" or "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

(4) "Median growth percentile" or "MGP" means the same as that term is defined in Section 53A-17a-173.

(5) "Program" means the Effective Teachers in High Poverty Schools Incentive Program.

(6) "Standards assessment" means the same as that term is defined in Section 53A-1-604.

(7) State - assessed subject" means English language arts, mathematics, and science.

 

R277-925-3. Administration of the Program.

(1) On or before December 1, the Superintendent shall:

(a) identify high poverty schools and eligible teachers in accordance with Subsection (2);

(b) distribute a list of eligible teachers to LEAs; and

(c) inform LEAs of program requirements and the timeline for applying on behalf of an eligible teacher.

(2) The Superintendent shall identify:

(a) high poverty schools based on the proportion of students who:

(i) qualify for free or reduced lunch in the current school year, based on the October 1 enrollment headcounts; and

(ii) are classified as children affected by intergenerational poverty, as determined by the Utah Department of Workforce Services, for the most recent year data is available; and

(b) eligible teachers by determining whether the teacher's MGP was greater than or equal to 70:

(i) for at least one state-assessed subject taught by the teacher;

(ii) as measured by student performance on a standards assessment;

(iii) two years before the current school year; and

(iv) excluding subjects or teachers with less than 10 tested students.

(3) To receive matching funds for the program, on or before January 15, an LEA shall:

(a) apply on behalf of an eligible teacher; and

(b) provide assurances that the LEA will pay half of the:

(i) teacher salary bonus; and

(ii) employer-paid benefits described in Section 53A-17a-173.

(4)(a) On or before June 1, the Superintendent shall:

(i) ensure that a teacher who was determined eligible under Subsection (1) and (2) taught at a high poverty school for the rull school year; and

(ii) distribute to an LEA that meets the criteria described in Subsection (3) half of the:

(A) teacher salary bonus; and

(B) employer-paid benefits described in Section 53A-17a-173.

(b) Consistent with Section 53A-17a-173, the Superintendent may distribute the funds on a pro rata basis if the number of eligible applicants exceeds the amount of available funds.

(5)(a) An LEA or an eligible teacher may appeal eligibility to the Superintendent on the basis that the teacher:

(i) is teaching at a high poverty school;

(ii) is an eligible teacher; or

(iii) has less than 10 tested students, but can demonstrate extenuating circumstances that merit an exception.

(b) An LEA or eligible teacher shall provide documentation to the Superintendent to assist the Superintendent in deciding on the appeal.

 

KEY: teachers, poverty schools, incentives

Date of Enactment of Last Substantive Amendment: 2017

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401; 53A-17a-173