No. 36594 (Amendment): Rule R277-110. Legislative Supplemental Salary Adjustment

(Amendment)

DAR File No.: 36594
Filed: 08/01/2012 03:19:25 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide changes to reflect accurate Utah Code references, conforming school district and charter school references to LEAs, and additional clarifying language.

Summary of the rule or change:

A new definition is added to the rule to make the rule consistent with other Utah State Board of Education rules. Wording changes are provided for clarification purposes.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. Terminology and other wording changes for clarification purposes do not result in a cost or savings.

local governments:

There is no anticipated cost or savings to local government. Terminology and other wording changes for clarification purposes do not result in a cost or savings.

small businesses:

There is no anticipated cost or savings to small businesses. This rule and the changes apply to public education and do not affect businesses.

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

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. Terminology and other wording changes for clarification purposes do not result in a cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Terminology and other wording changes do not result in compliance costs.

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.

Larry K. Shumway, State Superintendent

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:

09/14/2012

This rule may become effective on:

09/21/2012

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. "Comprehensive Administration of Credentials for Teachers in Utah Schools (CACTUS)" means the electronic file maintained on all licensed Utah educators. The file includes information such as:

(1) personal directory information;

(2) educational background;

(3) endorsements;

(4) employment history;

(5) professional development information; and

(6) a record of disciplinary action taken against the educator.

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

][D]C. "Educator" means a teacher or other individual as defined by the Utah State Legislature in 53A-17a-153.

[E]D. "Educator Salary Adjustments" means salary increases paid annually in equal amounts to educators as defined in 53A-17a-153(1) and specified in R277-110-3C and D.[ The adjustment amount for 2007-08 was $2500. The adjustment amount for 2008-09 is $1700.]

E. "LEA" means a local education agency, including local school boards/public school districts, charter schools, and, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

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

G. "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.

 

R277-110-3. Procedures.

A. Each [school district, charter school and USDB]LEA shall:

(1) have employee evaluation procedures consistent with Title 53A, Chapter [10]8a; schools exempt from Title 53A, Chapter [10]8a shall have employee evaluation procedures in place to participate in the Program and receive funds under Section 53A-17a-153.

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

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

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

(5) ensure that each educator who receives a salary adjustment [for school year 2007-08 or 2008-09 or both] has received a satisfactory or above job performance rating in his most recent evaluation concluded in the school year prior to the year for which the adjustment is made; new hires are considered to have met this requirement by successfully completing the position hiring process and being selected for an educator position.

B. Once an educator qualifies for an adjustment in a designated school year, the adjustment becomes an ongoing part of the educator's salary.

C. [The e]Educator s in the following assignments shall [be]receive salary adjustments of $2500 and $1700 and benefits as designated annually:

(1) a classroom teacher[ (2007-08 and 2008-09)];

(2) speech pathologist[ (2007-08 and 2008-09)];

(3) librarian or media specialist[ (2007-08 and 2008-09)];

(4) preschool teacher[ (2007-08 and 2008-09)];

[ (5) school building level administrator (2007-08);

] ([6]5) mentor teacher[ (2007-08 and 2008-09)];

([7]6) teacher specialist[ (2007-08 and 2008-09)];

([8]7) teacher leader[ (2007-08 and 2008-09)];

([9]8) guidance counselor[ (2007-08 and 2008-09)];

([10]9) audiologist[ (2007-08 and 2008-09)];

(1[1]0) psychologist[ (2007-08 and 2008-09)]; or

(1[2]1) social worker as defined in 53A-17a-153(1)[ (2007-08 and 2008-09)].

D. School building level administrators shall receive salary adjustments of $2500 and benefits as designated annually.

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

[E]F. Each [school district, charter school, and the USDB]LEA 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 n educator or administrator received a satisfactory or better performance rating [is ]required to receive the adjustment; and

[F]G. [For the 2008-09 school year, school districts, charter schools and the USDB]Each LEA shall [note]document satisfactory performance ratings annually.

[G]H. The USOE shall remit to [school districts, charter schools and USDB]LEAs, 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.

[H]I. Adjustments to CACTUS after November 15 of each year shall not count towards the amount for Educator Salary Adjustments until the following year.

[I]J. 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]LEAs 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 November 1 on USOE-designated forms.

(1) [School districts, charter schools and USDB,]LEAs shall :

(a) [M]maintain the information by program and;

(b) [C]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]LEA funds until the report is submitted in an acceptable format and is complete, or may render the [school district, charter school or USDB,]LEA 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]LEA 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: [January 7, 2009]2012

Notice of Continuation: August 1, 2012

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

 

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