DAR File No. 43986

This rule was published in the September 1, 2019, issue (Vol. 2019, No. 17) of the Utah State Bulletin.


Education, Administration

Rule R277-523

Teacher Salary Supplement Program

Notice of Proposed Rule

(Repeal)

DAR File No.: 43986
Filed: 08/13/2019 11:07:00 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being repealed. The content is being moved to proposed Rule R277-318 to reflect H.B. 236, Teacher Salary Supplement Amendments, and S.B. 208, National Certification Teacher Incentive Amendments, that were passed in the 2019 General Session, which changed provisions related to the Teacher Salary Supplement Program. This program will be governed by Rule R277-318, Teacher Salary Supplement Program, going forward. (EDITOR'S NOTE: The proposed new Rule R277-318 is under Filing No. 43983 in this issue, September 1, 2019, of the Bulletin.)

Summary of the rule or change:

Rule R277-523 is being repealed in its entirety and content moved to proposed Rule R277-318 within the new licensing rule numbering system with amendments based on H.B. 236, and S.B. 208 (2019).

Statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

This rule repeal is not expected to have any fiscal impact on state government revenues or expenditures. This rule will not impact state government revenues or expenditures because the program is funded with a state appropriation and will continue to be state-funded.

local governments:

This rule repeal is not expected to have any fiscal impact on local governments' revenues or expenditures because the program is funded with a state appropriation and will continue to be state-funded.

small businesses:

This rule repeal is not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to the Teacher Salary Supplement Program which is state funded and thus, does not apply to small businesses.

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

This rule repeal is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule applies to the Teacher Salary Supplement Program which is state funded and thus, does not apply to other individuals.

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:

There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This rule repeal is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and they do not require any expenditures of or generate revenue for non-small businesses. This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, 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:

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:

10/01/2019

This rule may become effective on:

10/08/2019

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2020

FY 2021

FY 2022

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 in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This rule repeal is not expected to have any fiscal impacts on non-small businesses’ revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenue for non-small businesses.

 

The Program Analyst at the Utah State Board of Education, Jill Curry, 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 or Last Substantive Amendment: June 7, 2018

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


Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2019/b20190901.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.