Enrolled Copy S.B. 99
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Excellence in Education and Leadership Supplement Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: Karen M. Peterson
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LONG TITLE
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General Description:
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This bill amends existing timeline and appropriation requirements to the Excellence in
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Education and Leadership Supplement.
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Highlighted Provisions:
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This bill:
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▸ amends existing timeline and appropriation requirements to the Excellence in Education
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and Leadership Supplement;
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▸ requires the State Board of Education to obtain and house a web-based application portal;
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and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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This bill appropriates $600,000 in operating and capital budgets for fiscal year 2026, all of
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which is from the various sources as detailed in this bill.
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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53F-2-526 (Effective upon governor's approval), as enacted by Laws of Utah 2024,
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Chapter 374
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 53F-2-526 is amended to read:
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53F-2-526 (Effective upon governor's approval). Excellence in Education and
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Leadership Supplement.
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(1) As used in this section: S.B. 99 Enrolled Copy
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(a) "Center" means the Center for the School of the Future at Utah State University
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established in Section 53B-18-801.
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(b) "Eligible teacher" means a teacher who is a top-performing teacher that the center
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determines using an LEA's assessment methods, including:
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(i) student growth or achievement measures;
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(ii) professional evaluations;
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(iii) parent or student surveys; and
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(iv) other data-driven criteria the LEA establishes and the center verifies for validity.
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(c) "Eligible teacher" includes an individual whom an LEA participating in the program
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employs and who holds:
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(i) a license the state board issues; and
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(ii) a position that includes a current classroom teaching assignment.
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(d) "High poverty school" means the same as the term is defined in Section 53F-2-513.
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(e) "LEA" means:
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(i) a school district;
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(ii) a charter school;
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(iii) the Utah Schools for the Deaf and the Blind; and
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[(iii)] (iv) a regional education service agency.
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(f) "Program" means the Excellence in Education and Leadership Supplement created in
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Subsection (2).
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(g) "Tier performance level" means the following levels of performance for a teacher in
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comparison to all teachers the center determines in accordance with Subsection (7):
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(i) the top 5% of teachers;
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(ii) the next 6%-10% of teachers; and
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(iii) the next 11%-25% of teachers.
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(h) "Top-performing" means the top 25% of teachers in comparison to all teachers the
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center determines using the methods described in Subsection (1)(b).
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(2) Beginning July 1, 2024, there is created a five-year pilot program known as the
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Excellence in Education and Leadership Supplement to provide a [salary supplement]
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performance-based award to an eligible teacher in recognition for outstanding
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instructional talent.
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(3)(a) No later than December 31, 2024, an LEA shall declare the LEA's intent to
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participate in the program to the center.
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(b) If an LEA declares an intent to participate in the program, the LEA shall:
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(i) develop a process for a school principal or the principal's designee to assess a
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teacher's performance consistent with this section to determine if a teacher is an
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eligible teacher, including the corresponding tier performance level; and
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(ii) create an appeals process for an employee who is not nominated to be an eligible
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teacher.
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(4) No later than [April 1] July 1, 2025, an LEA shall:
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(a) attend a training that the center creates regarding the guidelines for developing a
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process described in Subsection (3); and
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(b) develop and submit for approval the LEA's process described in Subsection (3) to the
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center.
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(5)(a) The center shall review the LEA's process described in Subsection (3) and
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approve the process or request that the LEA make changes to the submitted process.
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(b) If the center requests changes to the LEA's submitted process, the LEA shall work
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with the center to make necessary changes to receive final approval from the center.
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(c) No later than [June 30] August 15, 2025, the center shall provide final approval or
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denial of an LEA's process.
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(6) Before [the start of the 2025-2026 school year] August 31, 2025, an LEA with an
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approved process as described in Subsection (5) shall:
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(a) ensure each school principal or the principal's designee attends a training that the
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center creates regarding:
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(i) how to effectively use the LEA's approved process to select and submit to the
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center nominations for eligible teachers, including the corresponding tier
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performance level; and
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(ii) how to protect student and educator data privacy when submitting nominations
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and applications, as described in Subsection (9)(b)(ii).
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(b) provide information to teachers within the LEA regarding the program and how the
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school's principal or principal's designee will use the approved LEA process to make
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nominations of eligible teachers; and
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(c) ensure each school principal or the principal's designee [uses] is able to use the LEA's
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approved process to evaluate and select which teachers within the school to nominate
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as eligible teachers, including the corresponding tier performance level[; and] .
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[(d) as provided in Subsection (9), submit to the center a list of the nominated eligible
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teachers for the center to consider.]
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(7) In assessing if a nominated teacher is an eligible teacher, the center shall create an
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assessment process that:
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(a) uses the methods described in Subsection (1)(b);
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(b) calibrates the submissions an LEA submits to determine, for all nominated teachers
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statewide, which teachers are eligible teachers, including the corresponding tier
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performance level;
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(c) may use additional criteria as determined by the center in consultation with
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participating LEAs; and
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(d) establishes a scoring rubric including the scores required for a designation in each
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tier performance level.
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(8)(a) The center shall collaborate with LEAs to create:
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(i) selection and submission guidelines for:
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(A) the approval of the LEA's process as described in Subsection (5); and
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(B) the list of nominated eligible teachers described in Subsection (6);
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(ii) methods to determine student growth and achievement measures for subject areas
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that do not have standardized assessment data;
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(iii) the weightings for each element of the assessment process described in
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Subsection (7); and
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(iv) the trainings described in this section.
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(b) In addition to the requirements in Subsection (8)(a), an LEA may include the
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following if the LEA collaborates with the center to do so:
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(i) methods to determine student growth and achievement measures for subject areas
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that have standardized assessment data; and
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(ii) methods for combining measures described in Subsections (8)(a)(ii) and (8)(b)(i)
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as appropriate to assure compatibility across all subject areas.
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[(b)] (c) The center may provide program related technical assistance to an LEA.
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(9)(a) An LEA shall:
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(i) apply to the center on behalf of the nominated eligible teachers within the LEA
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through a process and format that the center determines; and
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(ii) ensure a school principal or the principal's designee reevaluates an eligible
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teacher's designation under this section every three years.
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(b) The center shall:
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(i) create an application process for an LEA to submit the list of nominated eligible
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teachers described in Subsection (9)(a), including a deadline for submission of the
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list of nominated teachers to the center;
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(ii) coordinate with the state board in the creation of the application process described
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in Subsection (9)(b)(i) to ensure that any sharing of student and educator data
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during the application process:
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(A) complies with the Family Educational Rights and Privacy Act, 34 C.F.R. Part
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99;
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(B) complies with Title 53E, Chapter 9, Student Privacy and Data Protection; and
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(C) uses disclosure avoidance techniques, including aggregating and otherwise
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de-identifying data;
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(iii) no later than October 1, 2026, determine if a nominated teacher is an eligible
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teacher through the process described in Subsection (7);
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(iv) verify:
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(A) the validity of the LEA's process and assessment of an eligible teacher as
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described in Subsections (4) and (5); and
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(B) the nominations described in Subsection (7) with the LEA and school
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administrators;
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(v) certify a list of eligible teachers, including the total amount of funding the LEA
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receives for the LEA's eligible teachers; and
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(vi) provide the list described in Subsection [(9)(b)(iv)] (9)(b)(v) to the state board.
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(10)(a) Subject to legislative appropriations, the state board shall:
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(i) within 45 days of receiving the list described in Subsection (9)(b)(v) from the
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center, disburse funding to an LEA in the amount the center verifies that an LEA
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qualifies to receive for [salary supplements] performance-based awards under this
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section;[ and]
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(ii)[(A) except as provided in Subsection (10)(a)(ii)(B), ]allocate [1%] up to 4.25%
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of the funds appropriated under this section to the center; and
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[(B) provide no more than $500,000 to the center each fiscal year from the funds
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described in Subsection (10)(a)(ii)(A).]
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(iii) develop a method to compensate an LEA for program administration that:
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(A) does not exceed 4% of the total funds appropriated under this section;
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(B) first compensates an LEA for fixed efforts associated with development and
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management of the LEA's teacher performance-based award program; and
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(C) allocates any remaining balance to compensate an LEA for variable efforts
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associated with ongoing program administration and management.
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(b) The annual [salary supplement] performance-based award for an eligible teacher is:
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(i) $10,000 for a teacher in the top 5% of teachers;
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(ii) $5,000 for a teacher in the next 6%-10% of teachers; and
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(iii) $2,000 for a teacher in the next 11%-25% of teachers.
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(c) If the eligible teacher is employed at a high poverty school, the eligible teacher shall
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receive an additional [salary supplement] performance-based award that is equal in
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amount to the eligible teacher's [salary supplement] performance-based award
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described in Subsection (10)(b).
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(11)(a) An LEA shall:
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(i) within 45 days of receiving the LEA's funds from the state board for all eligible
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teachers, use the program funds to provide a [salary supplement]
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performance-based award equal to the amount specified in Subsection (10) for
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each eligible teacher in each tier performance level; and
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(ii) provide the [salary supplement] performance-based award in an eligible teacher's
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regularly occurring compensation in equal amounts through the contracted school
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years related to the [salary supplement] performance-based award.
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(b) An LEA:
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[(i) may use up to 4% of the money appropriated to the LEA for salary supplements
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to cover administrative costs associated with implementing the program;]
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[(ii)] (i) may use money appropriated to the LEA for the [salary supplement]
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performance-based award for employer-paid benefits;[ and]
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[(iii)] (ii) may not include a [salary supplement] performance-based award received
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under this section:
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(A) in a retirement calculation; or
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(B) as part of retirement contributions[.] ; and
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(iii) may not reduce an eligible teacher's award to ensure the LEA maintains the
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funds described in Subsection (10)(a)(iii).
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(c) The [salary supplement] performance-based award is not part of an eligible teacher's
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base pay, and is subject to the eligible teacher's designation as an eligible teacher.
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(12) [Notwithstanding the provisions of this section] Except as provided for in Subsection
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(11), if the appropriation for the program is insufficient to cover the costs associated
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with [salary supplement] performance-based awards, an LEA may distribute the funds to
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each eligible teacher of the same tier of performance level on a pro rata basis.
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(13)(a)(i) [The center and the state board shall collaborate regarding data sharing and
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other relevant interactions to facilitate the successful administration of the
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program.] In accordance with state and federal privacy laws, the state board shall
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provide the following data to the center:
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(A) relevant student achievement data;
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(B) relevant teacher data; and
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(C) any other relevant data as the center determines.
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(ii) If the center needs data from a non-participating LEA for purposes of the
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program, the state board:
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(A) shall provide the data; and
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(B) may provide the data in a de-identified manner, including providing an
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individual teacher's or student's data with a unique identifier that is not
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associated with the teacher's or student's name or school provided identification
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number.
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(b) The state board shall:
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(i) consult with the center; and
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(ii) contract with a third party to obtain and house a secure web-based portal for
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authorized LEA and state board users to:
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(A) allow a teacher to track the teacher's students' academic achievement and
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growth and assess within the teacher's LEA the teacher's individual progress
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toward becoming an eligible teacher nominee;
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(B) report results of the chosen model or models at the district, school, and subject
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or grade levels;
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(C) provide diagnostic data showing the growth and achievement trends for
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different groups of students associated with a teacher, school, charter system,
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or district; and
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(D) provide resources for teachers to interpret the model results, training modules,
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and receive or request technical support.
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(c) The state board shall use up to 2.5% of the total funds appropriated under this section
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for the web-based access portal described in Subsection (13)(b).
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(14)(a) An eligible teacher that receives a [salary supplement] performance-based award
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under the program has no vested property right in the [salary supplement]
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performance-based award or the designation as an eligible teacher.
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(b) An eligible teacher's [salary supplement] performance-based award and designation
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under this section are void if the school principal or principal's designee, LEA, or the
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center made or certified the designation improperly.
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(15)(a) Subject to prioritization of the Audit Subcommittee, unless the state board
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contracts a private auditor in accordance with Subsection (15)(b), the Office of the
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Legislative Auditor General established under Section 36-12-15 shall, in any fiscal
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year:
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(i) conduct an audit of the program including:
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(A) an evaluation of the implementation of the program; and
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(B) the efficacy of the program, including program outcomes; and
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(ii) prepare and submit a written report for an audit described in this section in
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accordance with Subsection 36-12-15(4)(b)(ii).
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(b) Subject to legislative appropriations, the state board may contract with an external
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auditor to perform the audit described in this Subsection (15).
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(16)(a) The center shall report to the Education Interim Committee no later than the
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2024 October meeting the following:
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(i) the methodology and process the center develops to achieve the requirements of
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Subsection (7);
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(ii) relevant data and updates resulting from the collaborations described in
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Subsection (8);
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(iii) any recommendations for future legislation; and
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(iv) data regarding [salary supplement] performance-based award programs, including:
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(A) different approaches used to reward teacher performance, including different
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evaluation methods;
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(B) research outlining the effectiveness and impact of different [salary supplement]
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performance-based award amounts on teacher retention; and
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(C) other considerations for impactful [salary supplement] performance-based
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award programs in relation to teacher retention.
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(b) Beginning November 1, 2026, the center shall provide an annual report to the
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Education Interim Committee regarding:
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(i) the statewide metrics used in accordance with Subsection (7);
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(ii) de-identified and aggregated data showing the number of:
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(A) [salary supplement] performance-based awards per school, including total
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number of eligible teachers in each school;
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(B) eligible teachers in high poverty schools;
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(C) eligible teachers in each tier performance level;
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(D) eligible teachers in subject areas that do not have standardized assessments;
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and
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(E) [salary supplement] performance-based award denials per school, including the
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reasons for a denial;
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(iii) proportion of eligible teachers in:
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(A) school districts; and
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(B) charter schools; and
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(iv) teacher retention data for a school where an eligible teacher is employed.
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Section 2. FY 2026 Appropriations.
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The following sums of money are appropriated for the fiscal year beginning July 1,
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2025, and ending June 30, 2026. These are additions to amounts previously appropriated for
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fiscal year 2026.
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Subsection 2(a). Operating and Capital Budgets
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Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
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Legislature appropriates the following sums of money from the funds or accounts indicated for
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the use and support of the government of the state of Utah.
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ITEM 1 To State Board of Education - Minimum School Program - Related to Basic
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School Programs
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From Public Education Economic Stabilization
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Restricted Account, One-time 600,000
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Schedule of Programs:
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Effective Teachers in High Poverty Schools
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Incentive Program 600,000
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Section 3. Effective Date.
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This bill takes effect:
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(1) except as provided in Subsection (2), May 7, 2025; or
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(2) if approved by two-thirds of all members elected to each house:
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(a) upon approval by the governor;
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(b) without the governor's signature, the day following the constitutional time limit of
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Utah Constitution, Article VII, Section 8; or
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(c) in the case of a veto, the date of veto override.
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