No. 31440 (New Rule): R277-113. One-time Performance-based Compensation Program

DAR File No.: 31440
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 provide criteria for school district and charter school participation in the Performance-based Compensation Program and to provide for distribution of funds to eligible participants 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 for school districts and charter schools, and responsibilities for the State Board of Education.

State statutory or constitutional authorization for this rule:

Subsections 53A-1-401(3) and 53A-17a-148(6)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The 2008 Legislature appropriated monies to cover the costs of the program. There will will no additional cost to the state for distribution of funds to school districts and charter schools by the Utah State Office of Education.

local governments:

There are no anticipated costs or savings to local government. School districts and charter schools who participate in the program will receive funding for implementation.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses and persons other than businesses. Funding for participation in this program has been appropriated by the Legislature.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Funding is provided to public school districts and charter schools choosing to participate in the program.

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.

R277-113. One-time Performance-based Compensation Program.

R277-113-1. Definitions.

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

B. "Employee" means an individual receiving compensation from a qualifying education entity, not including short term substitute employees or volunteers.

C. "Qualifying education entity" means a school district or charter school that has met all of the requirements of this rule, including timely submission of the required performance-based compensation plan to the Board.

 

R277-113-2. 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-148(6) which permits the Board to make rules as necessary to administer the program.

B. The purpose of this rule is to provide criteria for school district and charter school participation in the Performance-based Compensation Program and for distribution of funds to eligible participants.

 

R277-113-3. School District and Charter School Responsibilities.

A. School districts and charter schools that elect to participate in the one-time performance-based compensation program shall submit performance-based compensation plans to the Board. Plans of qualifying education entities shall include all the elements required under Section 53A-17a-148(5)(b)(ii).

B. The plan applies to the 2008-09 school year only.

C. Plans shall provide for distribution of performance-based compensation only for employee performance during the 2008-09 school year.

D. School districts and charter schools are encouraged to include additional elements in submitted plans such as:

(1) measures of student academic progress or growth;

(2) specific measures of instructional quality;

(3) measures of quality or efficiency in education support functions;

(4) measures of parent and student satisfaction;

(5) measures of school and school district progress; and

(6) other measures that demonstrate improved academic, instructional, or education support performance.

E. School districts and charter schools are encouraged to include employees, employee association representatives, parents, and others in the development of performance-based compensation plans.

F. Local school boards and charter school governing boards shall review and approve performance-based plans prior to the submission of plans to the Board.

G. Participating school districts and charter schools shall provide reports related to this program as requested by the Board and shall provide summary evaluations of the plans including the plans' effectiveness by July 1, 2009.

H. Participating school districts and charter schools shall submit plans to the USOE prior to July 1, 2008.

 

R277-113-4. Board Responsibilities.

A. The Board shall approve plans that include the elements required under Section 53A-17a-148(5)(b)(ii).

B. The Board shall immediately notify any school district or charter school that submits a plan that is deemed deficient or ineligible or both and may allow for resubmission of plans before July 1, 2008.

C. Plans shall be sent to the Education Interim Committee for review on or before August 1, 2008.

D. Funds shall be distributed to participating school districts and charter schools on a per-pupil basis in a one-time transfer prior to December 1, 2008.

E. The Board shall collect information from participating school districts and charter schools as needed to enable a complete and accurate report to the Legislature as required, including an assessment of the effectiveness of school district and charter school plans.

 

KEY: performance-based compensation program

Date of Enactment or Last Substantive Amendment: 2008

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-17a-148(6)