Utah 2025 Regular Session

Utah Senate Bill SB0099 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy S.B. 99
	1	+	03-03 09:27 4th Sub. (Pumpkin) S.B. 99
	2	+	Karen M. Peterson proposes the following substitute bill:
2	3		1
3	4		Excellence in Education and Leadership Supplement Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Lincoln Fillmore
7	8		House Sponsor: Karen M. Peterson
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill amends existing timeline and appropriation requirements to the Excellence in
16	17		6
17	18		Education and Leadership Supplement.
18	19		7
19	20		Highlighted Provisions:
20	21		8
21	22		This bill:
22	23		9
23	24		▸ amends existing timeline and appropriation requirements to the Excellence in Education
24	25		10
25	26		and Leadership Supplement;
26	27		11
27	28		▸ requires the State Board of Education to obtain and house a web-based application portal;
28	29		12
29	30		and
30	31		13
31	32		▸ makes technical changes.
32	33		14
33	34		Money Appropriated in this Bill:
34	35		15
35	36		This bill appropriates $600,000 in operating and capital budgets for fiscal year 2026, all of
36	37		16
37	38		which is from the various sources as detailed in this bill.
38	39		17
39	40		Other Special Clauses:
40	41		18
41	42		This bill provides a special effective date.
42	43		19
43	44		Utah Code Sections Affected:
44	45		20
45	46		AMENDS:
46	47		21
47	48		53F-2-526 (Effective upon governor's approval), as enacted by Laws of Utah 2024,
48	49		22
49	50		Chapter 374
50	51		23
51	52
52	53		24
53	54		Be it enacted by the Legislature of the state of Utah:
54	55		25
55	56		Section 1. Section 53F-2-526 is amended to read:
56	57		26
57	58		53F-2-526 (Effective upon governor's approval). Excellence in Education and
58	59		27
59	60		Leadership Supplement.
60	61		28
61		-	(1) As used in this section: ~~S.B. 99 Enrolled Copy~~
	62	+	(1) As used in this section:
62	63		29
63	64		(a) "Center" means the Center for the School of the Future at Utah State University
	65	+	4th Sub. S.B. 99 4th Sub. (Pumpkin) S.B. 99 03-03 09:27
64	66		30
65	67		established in Section 53B-18-801.
66	68		31
67	69		(b) "Eligible teacher" means a teacher who is a top-performing teacher that the center
68	70		32
69	71		determines using an LEA's assessment methods, including:
70	72		33
71	73		(i) student growth or achievement measures;
72	74		34
73	75		(ii) professional evaluations;
74	76		35
75	77		(iii) parent or student surveys; and
76	78		36
77	79		(iv) other data-driven criteria the LEA establishes and the center verifies for validity.
78	80		37
79	81		(c) "Eligible teacher" includes an individual whom an LEA participating in the program
80	82		38
81	83		employs and who holds:
82	84		39
83	85		(i) a license the state board issues; and
84	86		40
85	87		(ii) a position that includes a current classroom teaching assignment.
86	88		41
87	89		(d) "High poverty school" means the same as the term is defined in Section 53F-2-513.
88	90		42
89	91		(e) "LEA" means:
90	92		43
91	93		(i) a school district;
92	94		44
93	95		(ii) a charter school;
94	96		45
95	97		(iii) the Utah Schools for the Deaf and the Blind; and
96	98		46
97	99		[(iii)] (iv) a regional education service agency.
98	100		47
99	101		(f) "Program" means the Excellence in Education and Leadership Supplement created in
100	102		48
101	103		Subsection (2).
102	104		49
103	105		(g) "Tier performance level" means the following levels of performance for a teacher in
104	106		50
105	107		comparison to all teachers the center determines in accordance with Subsection (7):
106	108		51
107	109		(i) the top 5% of teachers;
108	110		52
109	111		(ii) the next 6%-10% of teachers; and
110	112		53
111	113		(iii) the next 11%-25% of teachers.
112	114		54
113	115		(h) "Top-performing" means the top 25% of teachers in comparison to all teachers the
114	116		55
115	117		center determines using the methods described in Subsection (1)(b).
116	118		56
117	119		(2) Beginning July 1, 2024, there is created a five-year pilot program known as the
118	120		57
119	121		Excellence in Education and Leadership Supplement to provide a [salary supplement]
120	122		58
121	123		performance-based award to an eligible teacher in recognition for outstanding
122	124		59
123	125		instructional talent.
124	126		60
125	127		(3)(a) No later than December 31, 2024, an LEA shall declare the LEA's intent to
126	128		61
127	129		participate in the program to the center.
128	130		62
129	131		(b) If an LEA declares an intent to participate in the program, the LEA shall:
130		-	- 2 - Enrolled Copy S.B. 99
131	132		63
132	133		(i) develop a process for a school principal or the principal's designee to assess a
	134	+	- 2 - 03-03 09:27 4th Sub. (Pumpkin) S.B. 99
133	135		64
134	136		teacher's performance consistent with this section to determine if a teacher is an
135	137		65
136	138		eligible teacher, including the corresponding tier performance level; and
137	139		66
138	140		(ii) create an appeals process for an employee who is not nominated to be an eligible
139	141		67
140	142		teacher.
141	143		68
142	144		(4) No later than [April 1] July 1, 2025, an LEA shall:
143	145		69
144	146		(a) attend a training that the center creates regarding the guidelines for developing a
145	147		70
146	148		process described in Subsection (3); and
147	149		71
148	150		(b) develop and submit for approval the LEA's process described in Subsection (3) to the
149	151		72
150	152		center.
151	153		73
152	154		(5)(a) The center shall review the LEA's process described in Subsection (3) and
153	155		74
154	156		approve the process or request that the LEA make changes to the submitted process.
155	157		75
156	158		(b) If the center requests changes to the LEA's submitted process, the LEA shall work
157	159		76
158	160		with the center to make necessary changes to receive final approval from the center.
159	161		77
160		-	(c) No later than [June 30] August 15, 2025, the center shall provide final approval or
	162	+	(c) No later than [June] August [30] 15, 2025, the center shall provide final approval or
161	163		78
162	164		denial of an LEA's process.
163	165		79
164	166		(6) Before [the start of the 2025-2026 school year] August 31, 2025, an LEA with an
165	167		80
166	168		approved process as described in Subsection (5) shall:
167	169		81
168	170		(a) ensure each school principal or the principal's designee attends a training that the
169	171		82
170	172		center creates regarding:
171	173		83
172	174		(i) how to effectively use the LEA's approved process to select and submit to the
173	175		84
174	176		center nominations for eligible teachers, including the corresponding tier
175	177		85
176	178		performance level; and
177	179		86
178	180		(ii) how to protect student and educator data privacy when submitting nominations
179	181		87
180	182		and applications, as described in Subsection (9)(b)(ii).
181	183		88
182	184		(b) provide information to teachers within the LEA regarding the program and how the
183	185		89
184	186		school's principal or principal's designee will use the approved LEA process to make
185	187		90
186	188		nominations of eligible teachers; and
187	189		91
188	190		(c) ensure each school principal or the principal's designee [uses] is able to use the LEA's
189	191		92
190	192		approved process to evaluate and select which teachers within the school to nominate
191	193		93
192	194		as eligible teachers, including the corresponding tier performance level[; and] .
193	195		94
194	196		[(d) as provided in Subsection (9), submit to the center a list of the nominated eligible
195	197		95
196	198		teachers for the center to consider.]
197	199		96
198	200		(7) In assessing if a nominated teacher is an eligible teacher, the center shall create an
199		-	- 3 - S.B. 99 Enrolled Copy
200	201		97
201	202		assessment process that:
	203	+	- 3 - 4th Sub. (Pumpkin) S.B. 99 03-03 09:27
202	204		98
203	205		(a) uses the methods described in Subsection (1)(b);
204	206		99
205	207		(b) calibrates the submissions an LEA submits to determine, for all nominated teachers
206	208		100
207	209		statewide, which teachers are eligible teachers, including the corresponding tier
208	210		101
209	211		performance level;
210	212		102
211	213		(c) may use additional criteria as determined by the center in consultation with
212	214		103
213	215		participating LEAs; and
214	216		104
215	217		(d) establishes a scoring rubric including the scores required for a designation in each
216	218		105
217	219		tier performance level.
218	220		106
219	221		(8)(a) The center shall collaborate with LEAs to create:
220	222		107
221	223		(i) selection and submission guidelines for:
222	224		108
223	225		(A) the approval of the LEA's process as described in Subsection (5); and
224	226		109
225	227		(B) the list of nominated eligible teachers described in Subsection (6);
226	228		110
227	229		(ii) methods to determine student growth and achievement measures for subject areas
228	230		111
229	231		that do not have standardized assessment data;
230	232		112
231	233		(iii) the weightings for each element of the assessment process described in
232	234		113
233	235		Subsection (7); and
234	236		114
235	237		(iv) the trainings described in this section.
236	238		115
237	239		(b) In addition to the requirements in Subsection (8)(a), an LEA may include the
238	240		116
239	241		following if the LEA collaborates with the center to do so:
240	242		117
241	243		(i) methods to determine student growth and achievement measures for subject areas
242	244		118
243	245		that have standardized assessment data; and
244	246		119
245	247		(ii) methods for combining measures described in Subsections (8)(a)(ii) and (8)(b)(i)
246	248		120
247	249		as appropriate to assure compatibility across all subject areas.
248	250		121
249	251		[(b)] (c) The center may provide program related technical assistance to an LEA.
250	252		122
251	253		(9)(a) An LEA shall:
252	254		123
253	255		(i) apply to the center on behalf of the nominated eligible teachers within the LEA
254	256		124
255	257		through a process and format that the center determines; and
256	258		125
257	259		(ii) ensure a school principal or the principal's designee reevaluates an eligible
258	260		126
259	261		teacher's designation under this section every three years.
260	262		127
261	263		(b) The center shall:
262	264		128
263	265		(i) create an application process for an LEA to submit the list of nominated eligible
264	266		129
265	267		teachers described in Subsection (9)(a), including a deadline for submission of the
266	268		130
267	269		list of nominated teachers to the center;
268		-	- 4 - Enrolled Copy S.B. 99
269	270		131
270	271		(ii) coordinate with the state board in the creation of the application process described
	272	+	- 4 - 03-03 09:27 4th Sub. (Pumpkin) S.B. 99
271	273		132
272	274		in Subsection (9)(b)(i) to ensure that any sharing of student and educator data
273	275		133
274	276		during the application process:
275	277		134
276	278		(A) complies with the Family Educational Rights and Privacy Act, 34 C.F.R. Part
277	279		135
278	280		99;
279	281		136
280	282		(B) complies with Title 53E, Chapter 9, Student Privacy and Data Protection; and
281	283		137
282	284		(C) uses disclosure avoidance techniques, including aggregating and otherwise
283	285		138
284	286		de-identifying data;
285	287		139
286	288		(iii) no later than October 1, 2026, determine if a nominated teacher is an eligible
287	289		140
288	290		teacher through the process described in Subsection (7);
289	291		141
290	292		(iv) verify:
291	293		142
292	294		(A) the validity of the LEA's process and assessment of an eligible teacher as
293	295		143
294	296		described in Subsections (4) and (5); and
295	297		144
296	298		(B) the nominations described in Subsection (7) with the LEA and school
297	299		145
298	300		administrators;
299	301		146
300	302		(v) certify a list of eligible teachers, including the total amount of funding the LEA
301	303		147
302	304		receives for the LEA's eligible teachers; and
303	305		148
304	306		(vi) provide the list described in Subsection [(9)(b)(iv)] (9)(b)(v) to the state board.
305	307		149
306	308		(10)(a) Subject to legislative appropriations, the state board shall:
307	309		150
308	310		(i) within 45 days of receiving the list described in Subsection (9)(b)(v) from the
309	311		151
310	312		center, disburse funding to an LEA in the amount the center verifies that an LEA
311	313		152
312		-	qualifies to receive for [salary ~~supplements~~] performance-based awards under ~~this~~
	314	+	qualifies to receive for [salary supplement] performance-based awards[s] under
313	315		153
314		-	section;[ and]
	316	+	this section;[ and]
315	317		154
316	318		(ii)[(A) except as provided in Subsection (10)(a)(ii)(B), ]allocate [1%] up to 4.25%
317	319		155
318	320		of the funds appropriated under this section to the center; and
319	321		156
320	322		[(B) provide no more than $500,000 to the center each fiscal year from the funds
321	323		157
322	324		described in Subsection (10)(a)(ii)(A).]
323	325		158
324	326		(iii) develop a method to compensate an LEA for program administration that:
325	327		159
326	328		(A) does not exceed 4% of the total funds appropriated under this section;
327	329		160
328	330		(B) first compensates an LEA for fixed efforts associated with development and
329	331		161
330	332		management of the LEA's teacher performance-based award program; and
331	333		162
332	334		(C) allocates any remaining balance to compensate an LEA for variable efforts
333	335		163
334	336		associated with ongoing program administration and management.
335	337		164
336	338		(b) The annual [salary supplement] performance-based award for an eligible teacher is:
337		-	- 5 - S.B. 99 Enrolled Copy
338	339		165
339	340		(i) $10,000 for a teacher in the top 5% of teachers;
	341	+	- 5 - 4th Sub. (Pumpkin) S.B. 99 03-03 09:27
340	342		166
341	343		(ii) $5,000 for a teacher in the next 6%-10% of teachers; and
342	344		167
343	345		(iii) $2,000 for a teacher in the next 11%-25% of teachers.
344	346		168
345	347		(c) If the eligible teacher is employed at a high poverty school, the eligible teacher shall
346	348		169
347	349		receive an additional [salary supplement] performance-based award that is equal in
348	350		170
349	351		amount to the eligible teacher's [salary supplement] performance-based award
350	352		171
351	353		described in Subsection (10)(b).
352	354		172
353	355		(11)(a) An LEA shall:
354	356		173
355	357		(i) within 45 days of receiving the LEA's funds from the state board for all eligible
356	358		174
357	359		teachers, use the program funds to provide a [salary supplement]
358	360		175
359	361		performance-based award equal to the amount specified in Subsection (10) for
360	362		176
361	363		each eligible teacher in each tier performance level; and
362	364		177
363	365		(ii) provide the [salary supplement] performance-based award in an eligible teacher's
364	366		178
365	367		regularly occurring compensation in equal amounts through the contracted school
366	368		179
367	369		years related to the [salary supplement] performance-based award.
368	370		180
369	371		(b) An LEA:
370	372		181
371	373		[(i) may use up to 4% of the money appropriated to the LEA for salary supplements
372	374		182
373	375		to cover administrative costs associated with implementing the program;]
374	376		183
375	377		[(ii)] (i) may use money appropriated to the LEA for the [salary supplement]
376	378		184
377	379		performance-based award for employer-paid benefits;[ and]
378	380		185
379	381		[(iii)] (ii) may not include a [salary supplement] performance-based award received
380	382		186
381	383		under this section:
382	384		187
383	385		(A) in a retirement calculation; or
384	386		188
385	387		(B) as part of retirement contributions[.] ; and
386	388		189
387	389		(iii) may not reduce an eligible teacher's award to ensure the LEA maintains the
388	390		190
389	391		funds described in Subsection (10)(a)(iii).
390	392		191
391	393		(c) The [salary supplement] performance-based award is not part of an eligible teacher's
392	394		192
393	395		base pay, and is subject to the eligible teacher's designation as an eligible teacher.
394	396		193
395	397		(12) [Notwithstanding the provisions of this section] Except as provided for in Subsection
396	398		194
397	399		(11), if the appropriation for the program is insufficient to cover the costs associated
398	400		195
399	401		with [salary supplement] performance-based awards, an LEA may distribute the funds to
400	402		196
401	403		each eligible teacher of the same tier of performance level on a pro rata basis.
402	404		197
403	405		(13)(a)(i) [The center and the state board shall collaborate regarding data sharing and
404	406		198
405	407		other relevant interactions to facilitate the successful administration of the
406		-	- 6 - Enrolled Copy S.B. 99
407	408		199
408	409		program.] In accordance with state and federal privacy laws, the state board shall
	410	+	- 6 - 03-03 09:27 4th Sub. (Pumpkin) S.B. 99
409	411		200
410	412		provide the following data to the center:
411	413		201
412	414		(A) relevant student achievement data;
413	415		202
414	416		(B) relevant teacher data; and
415	417		203
416	418		(C) any other relevant data as the center determines.
417	419		204
418	420		(ii) If the center needs data from a non-participating LEA for purposes of the
419	421		205
420	422		program, the state board:
421	423		206
422	424		(A) shall provide the data; and
423	425		207
424	426		(B) may provide the data in a de-identified manner, including providing an
425	427		208
426	428		individual teacher's or student's data with a unique identifier that is not
427	429		209
428	430		associated with the teacher's or student's name or school provided identification
429	431		210
430	432		number.
431	433		211
432	434		(b) The state board shall:
433	435		212
434	436		(i) consult with the center; and
435	437		213
436	438		(ii) contract with a third party to obtain and house a secure web-based portal for
437	439		214
438	440		authorized LEA and state board users to:
439	441		215
440		-	(A) allow a teacher to track the teacher's ~~students~~' academic achievement and
	442	+	(A) allow a teacher to track the teacher's student's academic achievement and
441	443		216
442	444		growth and assess within the teacher's LEA the teacher's individual progress
443	445		217
444	446		toward becoming an eligible teacher nominee;
445	447		218
446	448		(B) report results of the chosen model or models at the district, school, and subject
447	449		219
448	450		or grade levels;
449	451		220
450	452		(C) provide diagnostic data showing the growth and achievement trends for
451	453		221
452	454		different groups of students associated with a teacher, school, charter system,
453	455		222
454	456		or district; and
455	457		223
456	458		(D) provide resources for teachers to interpret the model results, training modules,
457	459		224
458	460		and receive or request technical support.
459	461		225
460	462		(c) The state board shall use up to 2.5% of the total funds appropriated under this section
461	463		226
462	464		for the web-based access portal described in Subsection (13)(b).
463	465		227
464	466		(14)(a) An eligible teacher that receives a [salary supplement] performance-based award
465	467		228
466	468		under the program has no vested property right in the [salary supplement]
467	469		229
468	470		performance-based award or the designation as an eligible teacher.
469	471		230
470	472		(b) An eligible teacher's [salary supplement] performance-based award and designation
471	473		231
472	474		under this section are void if the school principal or principal's designee, LEA, or the
473	475		232
474	476		center made or certified the designation improperly.
475		-	- 7 - S.B. 99 Enrolled Copy
476	477		233
477	478		(15)(a) Subject to prioritization of the Audit Subcommittee, unless the state board
	479	+	- 7 - 4th Sub. (Pumpkin) S.B. 99 03-03 09:27
478	480		234
479	481		contracts a private auditor in accordance with Subsection (15)(b), the Office of the
480	482		235
481	483		Legislative Auditor General established under Section 36-12-15 shall, in any fiscal
482	484		236
483	485		year:
484	486		237
485	487		(i) conduct an audit of the program including:
486	488		238
487	489		(A) an evaluation of the implementation of the program; and
488	490		239
489	491		(B) the efficacy of the program, including program outcomes; and
490	492		240
491	493		(ii) prepare and submit a written report for an audit described in this section in
492	494		241
493	495		accordance with Subsection 36-12-15(4)(b)(ii).
494	496		242
495	497		(b) Subject to legislative appropriations, the state board may contract with an external
496	498		243
497	499		auditor to perform the audit described in this Subsection (15).
498	500		244
499	501		(16)(a) The center shall report to the Education Interim Committee no later than the
500	502		245
501	503		2024 October meeting the following:
502	504		246
503	505		(i) the methodology and process the center develops to achieve the requirements of
504	506		247
505	507		Subsection (7);
506	508		248
507	509		(ii) relevant data and updates resulting from the collaborations described in
508	510		249
509	511		Subsection (8);
510	512		250
511	513		(iii) any recommendations for future legislation; and
512	514		251
513	515		(iv) data regarding [salary supplement] performance-based award programs, including:
514	516		252
515	517		(A) different approaches used to reward teacher performance, including different
516	518		253
517	519		evaluation methods;
518	520		254
519	521		(B) research outlining the effectiveness and impact of different [salary supplement]
520	522		255
521	523		performance-based award amounts on teacher retention; and
522	524		256
523	525		(C) other considerations for impactful [salary supplement] performance-based
524	526		257
525	527		award programs in relation to teacher retention.
526	528		258
527	529		(b) Beginning November 1, 2026, the center shall provide an annual report to the
528	530		259
529	531		Education Interim Committee regarding:
530	532		260
531	533		(i) the statewide metrics used in accordance with Subsection (7);
532	534		261
533	535		(ii) de-identified and aggregated data showing the number of:
534	536		262
535	537		(A) [salary supplement] performance-based awards per school, including total
536	538		263
537	539		number of eligible teachers in each school;
538	540		264
539	541		(B) eligible teachers in high poverty schools;
540	542		265
541	543		(C) eligible teachers in each tier performance level;
542	544		266
543	545		(D) eligible teachers in subject areas that do not have standardized assessments;
544		-	- 8 - Enrolled Copy S.B. 99
545	546		267
546	547		and
	548	+	- 8 - 03-03 09:27 4th Sub. (Pumpkin) S.B. 99
547	549		268
548	550		(E) [salary supplement] performance-based award denials per school, including the
549	551		269
550	552		reasons for a denial;
551	553		270
552	554		(iii) proportion of eligible teachers in:
553	555		271
554	556		(A) school districts; and
555	557		272
556	558		(B) charter schools; and
557	559		273
558	560		(iv) teacher retention data for a school where an eligible teacher is employed.
559	561		274
560	562		Section 2. FY 2026 Appropriations.
561	563		275
562	564		The following sums of money are appropriated for the fiscal year beginning July 1,
563	565		276
564	566		2025, and ending June 30, 2026. These are additions to amounts previously appropriated for
565	567		277
566	568		fiscal year 2026.
567	569		278
568	570		Subsection 2(a). Operating and Capital Budgets
569	571		279
570	572		Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
571	573		280
572	574		Legislature appropriates the following sums of money from the funds or accounts indicated for
573	575		281
574	576		the use and support of the government of the state of Utah.
575	577		282
576	578		ITEM 1 To State Board of Education - Minimum School Program - Related to Basic
577	579		283
578	580		School Programs
579	581		284
580	582		From Public Education Economic Stabilization
581	583		285
582	584		Restricted Account, One-time 600,000
583	585		286
584	586		Schedule of Programs:
585	587		287
586	588		Effective Teachers in High Poverty Schools
587	589		288
588	590		Incentive Program 600,000
589	591		289
590	592		Section 3. Effective Date.
591	593		290
592	594		This bill takes effect:
593	595		291
594	596		(1) except as provided in Subsection (2), May 7, 2025; or
595	597		292
596	598		(2) if approved by two-thirds of all members elected to each house:
597	599		293
598	600		(a) upon approval by the governor;
599	601		294
600	602		(b) without the governor's signature, the day following the constitutional time limit of
601	603		295
602	604		Utah Constitution, Article VII, Section 8; or
603	605		296
604	606		(c) in the case of a veto, the date of veto override.
605	607		- 9 -