No. 30086 (New Rule): R277-110. Legislative Supplemental Salary Adjustment

DAR File No.: 30086
Filed: 06/14/2007, 03:23
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to outline a consistent method for distribution of monies appropriated by the 2007 Legislature in H.B. 382 for educator salary adjustments. (DAR NOTE: H.B. 382 (2007) is found at Chapter 380, Laws of Utah 2007, and is effective as of 07/01/2007.)

Summary of the rule or change:

The new rule provides procedures for distribution of monies, provides eligibility criteria, and provides for accountability of distribution from school districts/charter schools.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to state budget. Funding was provided by the 2007 Legislature for educator salary adjustments for eligible educators.

local governments:

There are no anticipated costs or savings to local government. Full funding was provided by the 2007 Legislature for eligible educators to receive salary adjustments.

other persons:

There may be savings to school districts/charter schools because the funds for salary adjustments may take the place of increases typically provided by school districts/charter schools.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The monies will be distributed by the Utah State Office of Education consistent with this rule and eligible educators will receive the designated increase.

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:

07/31/2007

This rule may become effective on:

08/07/2007

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-110. Legislative Supplemental Salary Adjustment.

R277-110-1. Definitions.

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

B. "District or charter school" means a public school funded by the Utah State Legislature through the Minimum School Program.

C. "Educator" means a teacher or other individuals as defined by the Utah State Legislature in 53A-17a-153 (1) Educator Salary Adjustments.

D. "Educator Salary Adjustments" means salary increases paid annually in equal amounts to educators as defined in 53A-17a-153(1).

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

F. "USDB" means Utah Schools for the Deaf and the Blind.

 

R277-110-2. 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 allows the Board to adopt rules in accordance with its responsibilities, and Section 53A-17a-153(6) which authorizes the Board to make rules regarding educator salary adjustments.

B. The purpose of this rule is to outline a consistent method for enacting educator salary adjustments in accordance with Section 53A-17a-153, Educator Salary Adjustments, enacted by the 2007 Legislature.

 

R277-110-3. Procedures.

A. Each school district, charter school and USDB shall:

(1) put the Educator Salary Adjustment appropriation into the school district's, charter school's or USDB's salary schedule each year that an educator salary adjustment is appropriated by the Legislature;

(2) ensure the amount of the Educator Salary Adjustment is the same for each full-time-equivalent educator position in the school district, charter school, or the USDB;

(3) ensure that each person who is not a full-time educator receives a proportional salary adjustment based on the number of hours the person works in his current assignment as an educator;

(4) ensure that each educator who receives a salary adjustment for school year 2007-08 has received a satisfactory or above job performance rating in his most recent evaluation; new hires are considered to have met this requirement by successfully completing the position hiring process and being selected for an educator position.

B. The educator shall be:

(1) a classroom teacher;

(2) speech pathologist;

(3) librarian or media specialist;

(4) preschool teacher;

(5) school building level administrator;

(6) mentor teacher;

(7) teacher specialist;

(8) teacher leader;

(9) guidance counselor;

(10) audiologist;

(11) psychologist; or

(12) social worker as defined in 53A-17a-153 (1).

C. The educator shall be licensed, employed by a school district, charter school, or the Utah Schools for the Deaf and the Blind and hold a current license issued under Title 53A, Chapter 6, Educator Licensing and Professional Practices Act.

D. Each school district, charter school, and the USDB shall annually note on the appropriate salary schedule:

(1) the amount of the Educator Salary Adjustment;

(2) the positions qualifying for the adjustment;

(3) that a satisfactory or better performance rating is required to receive the adjustment; and

E. For the 2007 school year, school districts, charter schools and the USDB shall note satisfactory performance ratings.

F. The USOE shall remit to school districts, charter schools and USDB, through monthly bank transfers and allotment memos beginning in July of each year, an estimated educator salary adjustment amount to be adjusted in November of each year to match the number of qualified educators in the CACTUS data base system.

G. Adjustments to CACTUS after November 1 of each year shall not count towards the amount for Educator Salary Adjustments until the following year.

H. Educator Salary Adjustments may not be included when calculating the weighted average compensation adjustment for non-administrative licensed staff.

 

R277-110-4. Reports.

A. School districts, charter schools and USDB shall maintain adequate accounting records to submit an annual report summarizing the uses and recipients of Educator Salary Adjustment funds to USOE each year by September 15th on USOE-designated forms.

(1) School districts, charter schools and USDB, shall

(a) Maintain the information by program and;

(b) Carry over any unused balances within the program for use in the following year.

(2) Reports shall balance with amounts reported on the AFR (Annual Financial Report) and the APR (Annual Program Report).

(3) Failure to submit the required reports on a timely basis may result in withholding of school district, charter school or USDB funds until the report is submitted in an acceptable format and is complete, or may render the school district, charter school or USDB, ineligible for participation in the Educator Salary Adjustment program the following year.

(4) Failure to remedy allocation of funds not in accordance with Section 53A-17a-153, Educator Salary Adjustment, and R277-110, Legislative Supplemental Salary Adjustment, shall also result in withholding of school district, charter school or USDB funds for the Educator Salary Adjustment program until an appropriate remedy is implemented and verified.

 

KEY: educators, salary adjustments

Date of Enactment or Last Substantive Amendment: 2007

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