(1) As used in this section: (a) "Special education teacher" means a teacher whose primary assignment is the instruction of students with disabilities who are eligible for special education services. (b) "Special educator" means a person employed by a school district, charter school, or the Utah Schools for the Deaf and the Blind who holds: (i) a license issued by the state board or, for a speech language pathologist, an individual who an LEA employs and holds a credential from: (A) the Division of Professional Licensing in accordance with Title 58, Chapter 41, Speech- Language Pathology and Audiology Licensing Act; or (B) the State Board of Education; and (ii) a position as a: (A) special education teacher; (B) speech-language pathologist; or (C) teacher of the deaf or hard of hearing; (2) The Legislature shall annually appropriate money for stipends to special educators for additional days of work: (a) in recognition of the added duties and responsibilities assumed by special educators to comply with federal law regulating the education of students with disabilities and the need to attract and retain qualified special educators; and (b) subject to future budget constraints. (3) (a) The state board shall distribute money appropriated under this section to school districts, charter schools, and the Utah Schools for the Deaf and the Blind for stipends for special educators in the amount of $200 per day for up to 10 additional working days. (b) Money distributed under this section shall include, in addition to the $200 per day stipend, money for the following employer-paid benefits: (i) retirement; (ii) workers' compensation; (iii) Social Security; and (iv) Medicare. (4) A special educator receiving a stipend shall: (a) work an additional day beyond the number of days contracted with the special educator's school district or school for each daily stipend; (b) schedule the additional days of work before or after the school year; and (c) use the additional days of work to perform duties related to the IEP process, including: (i) administering student assessments; (ii) conducting IEP meetings; (iii) writing IEPs; (iv) conferring with parents; and (v) maintaining records and preparing reports. (5) A special educator may: (a) elect to receive a stipend for one to 10 days of additional work; or (b) elect to not receive a stipend. (6) A person who does not hold a full-time position as a special educator is eligible for a partial stipend equal to the percentage of a full-time special educator position the person assumes.
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