R277-925-3. Administration of the Program

  (1) On or before December 1, the Superintendent shall:

  (a) identify high poverty schools and eligible teachers in accordance with Subsection (2);

  (b) distribute a list of eligible teachers to LEAs; and

  (c) inform LEAs of program requirements and the timeline for applying on behalf of an eligible teacher.

  (2) The Superintendent shall identify:

  (a) high poverty schools based on the proportion of students who:

  (i) qualify for free or reduced lunch in the current school year, based on the October 1 enrollment headcounts; and

  (ii) are classified as children affected by intergenerational poverty, as determined by the Utah Department of Workforce Services, for the most recent year data is available; and

  (b) eligible teachers by determining whether the teacher's MGP was greater than or equal to 70:

  (i) for at least one state-assessed subject taught by the teacher;

  (ii) as measured by student performance on a standards assessment;

  (iii) two years before the current school year; and

  (iv) excluding subjects or teachers with less than 10 tested students.

  (3) To receive matching funds for the program, on or before January 15, an LEA shall:

  (a) apply on behalf of an eligible teacher; and

  (b) provide assurances that the LEA will pay half of the:

  (i) teacher salary bonus; and

  (ii) employer-paid benefits described in Section 53A-17a-173.

  (4)(a) On or before June 1, the Superintendent shall:

  (i) ensure that a teacher who was determined eligible under Subsection (1) and (2) taught at a high poverty school for the full school year; and

  (ii) distribute to an LEA that meets the criteria described in Subsection (3) half of the:

  (A) teacher salary bonus; and

  (B) employer-paid benefits described in Section 53A-17a-173.

  (b) Consistent with Section 53A-17a-173, the Superintendent may distribute the funds on a pro rata basis if the number of eligible applicants exceeds the amount of available funds.

  (5)(a) An LEA or an eligible teacher may appeal eligibility to the Superintendent on the basis that the teacher:

  (i) is teaching at a high poverty school;

  (ii) is an eligible teacher; or

  (iii) has less than 10 tested students, but can demonstrate extenuating circumstances that merit an exception.

  (b) An LEA or eligible teacher shall provide documentation to the Superintendent to assist the Superintendent in deciding on the appeal.