DAR File No. 42804

Education, Administration

Rule R277-523

Teacher Salary Supplement Program

Notice of Proposed Rule

(New Rule)

DAR File No.: 42804
Filed: 04/16/2018 01:41:46 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed rule is to codify the Teacher Salary Supplement Program (TSSP) procedures in rule, administer the TSSP, and establish an appeals process for eligibility determination as required by state law.

Summary of the rule or change:

This proposed rule is to codify the TSSP procedures in rule, administer the TSSP, and establish an appeals process for eligibility determination as required by state law. This rule fully establishes the program in the Board of Education's administrative rules. The program is funded through a state appropriation. This rule is not estimated to have a fiscal impact.

Statutory or constitutional authorization for this rule:

• Art X Sec 3
• Subsection 53E-3-401(4)
• Section 53F-2-504

Anticipated cost or savings to:

the state budget:

This proposed rule is not anticipated to have aggregate anticipated cost or savings to the state budget.

local governments:

This proposed rule is not anticipated to have aggregate anticipated cost or savings to local governments.

small businesses:

This proposed rule is not anticipated to have aggregate anticipated cost or savings to small businesses.

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

This proposed rule is not anticipated to have aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

This proposed rule, Rule R277-523, is not estimated to have a fiscal impact. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities on the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. This proposed rule is not expected to have any fiscal impact on large businesses� revenues or expenditures because it deals with the TSSP which is funded by state appropriations and does not require any expenditures of or generate any revenues for large businesses. In the 2016 General Session, H.B. 331 passed and added a salary supplement award for National Board Certified teachers, and created statute that allowed teachers to apply for reimbursement for the cost of obtaining or renewing National Board Certification. Rule R277-521 was originally adopted only to implement the National Board Certification reimbursement as procedures for the TSSP were already established by the Department of Human Resource Management (DHRM) before the program was moved to the Board of Education (Board) in July of 2014. This proposed rule is to provide for the TSSP procedures to be adopted by the Board and codified in Board rule, administer the TSSP, and establish an appeals process for eligibility determination as required by state law. This rule fully establishes the program in the Board�s administrative rules. The program is funded through a state appropriation. This rule is not estimated to have a fiscal impact. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

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:

05/31/2018

This rule may become effective on:

06/07/2018

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This proposed rule, R277-523, is not estimated to have a fiscal impact. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities on the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. This proposed rule is not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with the Teacher Salary Supplement Program (TSSP) which is funded by state appropriations and does not require any expenditures of or generate any revenues for large businesses.

 

In the 2016 General Session, H.B.331, Education Provisions, passed and added a salary supplement award for National Board Certified teachers,and created statute that allowed teachers to apply for reimbursement for the cost of obtaining or renewing National Board Certification. Rule R277-521 was originally adopted only to implement the National Board Certification reimbursement as procedures for the TSSP were already established by the Department of Human Resource Management (DHRM) before the program was moved to the Board of Education (Board) in July of 2014.

 

The proposed rule is to provide for the Teacher Salary Supplement Program (TSSP) procedures to be adopted by the Board in rule, administer the TSSP, and establish an appeals process for eligibility determination as required by state law. This rule fully establishes the program in the Board's administrative rules. The program is funded through a state appropriation. This rule is not estimated to have a fiscal impact.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

R277-523. Teacher Salary Supplement Program.

R277-523-1. 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) Subsection 53E-3-401(4), 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 53F-2-504, which directs the Board to make rules regarding the administration of the Teacher Salary Supplement Program.

(2) The purpose of this rule is to establish application and appeal procedures for administration of the Teacher Salary Supplement Program.

 

R277-523-2. Definitions.

(1) "Certificate teacher" means the same as that term is defined in Subsection 53F-2-504(1)(b).

(2) "Eligible teacher" means the same as that term is defined in Subsection 53F-2-504(1)(c).

(3) "Substantially equivalent" means commonly recognized by a Utah university for a degree in a specific subject.

(4) "Teacher Salary Supplement Program" or "TSSP" means the salary supplement program authorized by the Legislature in Section 53F-2-504.

 

R277-523-3. Program Administration.

(1) The Superintendent shall allocate funds for salary supplements to eligible teachers and certificate teachers in accordance with Subsection 53F-2-504(3).

(2) The Superintendent shall maintain an online application system for the TSSP and make it available to educators no later than October 1 each school year.

(3) An applicant for the TSSP shall apply to the Superintendent by the following deadlines:

(a) Trimester payments, prior to November 15;

(b) Semester payments, prior to January 31; and

(c) Annual payments, prior to April 30.

(4) A Title I certificate teacher shall receive a partial award if the certificate teacher has a partial assignment in a Title I school or works less than the full school year, which shall be proportional to the teacher's assignment, the portion of the assignment worked in a Title I school, and the overall portion of the school year worked.

(5)(a) If an applicant is denied funds under this Section R277-523-3, the applicant may submit a written appeal to the Superintendent prior to June 1.

(b) An appeal under Subsection (5)(a) is limited to the following issues:

(i) whether the applicant has a degree or degree major with course requirements that are substantially equivalent to the course requirements for a degree listed in Section 53F-2-504;

(ii) whether the applicant holds a current National Board Certification;

(iii) whether the applicant was assigned to teach at a Title I school during the period covered by the TSSP award;

(iv) whether the Superintendent's initial denial was inconsistent with Section 53F-2-504 or this Rule R277-523; or

(v) whether the Superintendent's initial denial was based on inaccurate or missing information.

(c) The Superintendent may designate a panel of at least two Board staff members to review an appeal made under Subsection (5)(a) and make a recommendation to the Superintendent.

(i) A panel designated in accordance with Subsection (5)(c) shall make a recommendation in accordance with the provisions of Section 53F-2-504 or this Rule R277-523.

(ii) The panel shall make a recommendation on an appeal within 30 days of receipt of the written appeal.

(6) The Superintendent shall issue a ruling on an appeal within 15 days of receipt of the panel's recommendation.

(d) The decision of the Superintendent on an appeal is the final Board administrative action.

(7) If the appropriation for TSSP is insufficient to cover all eligible teachers and certificate teachers entitled to awards, the Superintendent shall reduce all awards by the same ratio and proportion.

 

KEY: TSSP, salary

Date of Enactment of Last Substantive Amendment: 2018

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53F-2-504