No. 31439 (New Rule): R277-109. One-time Signing Bonuses

DAR File No.: 31439
Filed: 05/15/2008, 03:07
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish definitions and procedures for the implementation of one-time signing bonuses for new educators consistent with S.B. 281, 2008 Legislative General Session. (DAR NOTE: S.B. 281 (2008) is found at Chapter 289, Laws of Utah 2008, and was effective 05/05/2008.)

Summary of the rule or change:

This new rule provides definitions, responsibilities of qualifying educators, responsibilities of public school districts and charter schools, and responsibilities of the State Board of Education to implement the bonuses.

State statutory or constitutional authorization for this rule:

53A-1-401(3) and 53A-17a-153(6)

Anticipated cost or savings to:

the state budget:

There are no anticipating costs or savings to the state budget. The 2008 Legislature appropriated monies to cover the costs of bonuses. The bonus program will be developed and implemented by the Utah State Office of Education at no additional cost to the state.

local governments:

There are no anticipated costs or savings to local government. School districts and charter schools will receive funding for signing bonuses.

small businesses and persons other than businesses:

There are no anticipated costs to small businesses and persons other than businesses. This funding simply provides a monetary incentive to individuals wishing to teaching in Utah public schools.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Educators will receive signing bonuses consistent with the the 2008 legislative appropriation at no additional cost to individual teachers.

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

I have reviewed this rule and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

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

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

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

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:

07/01/2008

This rule may become effective on:

07/08/2008

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-109. One-time Signing Bonuses.

R277-109-1. Definitions.

A. "90 days" means 90 calendar days beginning with the first educator work day.

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

C. "Did not work as an educator" means did not work under contract in a position requiring an educator license during the 2007-08 school year.

D. "Qualifying educator" means a person employed:

(1) in one of the following positions:

(a) classroom teacher;

(b) speech pathologist;

(c) librarian or media specialist;

(d) preschool teacher;

(e) mentor teacher;

(f) teacher specialist or teacher leader;

(g) guidance counselor;

(h) audiologist;

(i) psychologist; or

(j) social worker.

(2) who holds a current and valid Level 1, 2, or 3 Utah Educator License or is a participant in the Utah Alternative Routes to Licensure Program consistent with R277-503.

E. "USOE" means the Utah State Office of Education.

 

R277-109-2. 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-153(6) which permits the Board to make rules as necessary to administer the program.

B. The purpose of this rule is to establish definitions and procedures for the implementation of 2008-09 one-time signing bonuses.

 

R277-109-3. Qualifying Educator Responsibilities.

A. Each qualifying educator shall sign an affidavit affirming eligibility for the signing bonus.

B. An educator who receives funds fraudulently or mistakenly shall be responsible for reimbursing funds to school districts or charter schools.

C. Qualifying educators acknowledge that if total signing bonus funds are reduced, funds may be reclaimed from qualifying educators in subsequent school district and charter school salary payments.

 

R277-109-4. Public School District and Charter School Responsibilities.

A. School districts and charter schools shall submit the names of qualifying educators who are hired and who begin work prior to September 1, 2008 to the Board on December 1, 2008.

B. School districts or charter schools shall submit the names of qualifying educators who are hired and begin work after September 2, 2008 but before October 1, 2008 to the Board on or after January 2, 2009.

C. Additional names may not be submitted to the Board for program participation by school districts or charter schools after January 15, 2009.

D. The submission of qualifying educators to the Board shall include the following information:

(1) qualifying educator name;

(2) qualifying educator CACTUS number; and

(3) percentage of full time equivalent employment (FTE), such as 1.0 FTE, .50 FTE, for each qualifying educator.

E. School districts and charter schools shall not receive funding for an individual who:

(1) is hired and whose first work day was on or after October 1, 2008;

(2) was employed and worked as an educator in any Utah public school district or charter school during the 2007-08 school year;

(3) works less than 90 days during the 2008-09 school year; or

(4) is employed less than one-half time.

F. School districts and charter schools may combine the signing bonus under Section 53A-17a-148 with other state or local signing bonus programs for the 2008-09 school year.

G. School districts and charter schools shall provide payment of the salary supplement to qualifying educators as follows:

(1) School districts and charter schools shall pay a signing bonus under this program consistent with bonuses set by the Board;

(2) School districts and charter schools shall make the signing bonus payment to qualifying educators in any regular or other salary distribution prior to January 15, 2009;

(3) School districts and charter schools shall use program funds to pay the required employer contributions to retirement, workers compensation, Social Security, and Medicare as provided in Section 53A-17a-148(3)(a);

(4) If the amount of the signing bonus program funds distributed to school districts and charter schools is reduced consistent with the allowance for pro rata reduction under Section 53A-17a-148(4)(b), school districts and charter schools may make adjustments to payroll distributions to qualifying educators so that the total signing bonus amount paid to individual qualifying educators does not exceed the actual amount school districts and charter schools received from the Board.

H. All school districts and charter schools shall participate in the 2008-09 signing bonus program.

I. School districts shall maintain qualifying educator affidavits on file for USOE or legislative review upon request.

 

R277-109-5. Board Responsibilities.

A. The Board shall provide a form to school districts and charter schools for the required submissions for participation in this program.

B. Signing bonus amount:

(1) The signing bonus paid to the qualifying educator is $1,000 unless the amount is reduced consistent with Section 53A-17a-148(4).

(2) School districts and charter schools shall receive funds beyond the $1,000 signing bonus to pay employer costs required under Section 53A-17a-148(3)(a).

(3) All qualifying educators hired under this program shall receive the same $1,000 signing bonus.

C. Upon receiving the submissions of qualifying educator names, the Board shall review the information to ensure conformity to the requirements for bonuses and payments.

D. The Board shall distribute funds to school districts and charter schools after reviewing required submissions.

E. The distribution of funds shall be included in the regular minimum school program transfers in December and February.

F. The Board shall provide a report to school districts and charter schools of the number of qualifying educators submitted after the December 1 and January 2 submissions.

 

KEY: one-time signing bonuses

Date of Enactment or Last Substantive Amendment: 2008

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-17a-153(6)