(1) As used in this section: (a) "Eligible teacher" means a teacher who: (i) has a qualifying assignment; (ii) qualifies for the teacher's assignment in accordance with an LEA's policy described in Subsection (2); and (iii) (A) is a new employee; or (B) has not received an unsatisfactory rating on the teacher's three most recent evaluations. (b) "High-needs area" means at least two and up to five teaching assignments that an LEA designates in a policy as challenging to fill or retain. (c) "Program" means the Salary Supplement for Highly Needed Educators program. (d) "Qualifying assignment" means a teacher who is assigned to a high-needs area. (2) (a) An LEA shall create a policy describing the administration of the Salary Supplement for Highly Needed Educators program within the LEA, including: (i) identifying the LEA's high-needs areas; (ii) the amount of the salary supplement; (iii) establishing an appeals process for a teacher to follow if the teacher does not receive a salary supplement, including: (A) allowing a teacher to appeal eligibility as an eligible teacher with a qualifying assignment on the basis that the teacher has a teaching assignment that is substantially equivalent to a high-needs area; and (B) requiring a teacher to provide transcripts and other documentation to the LEA governing board in order for the LEA governing board to determine if the teacher is an eligible teacher with a qualifying teaching background; (iv) a process for determining if a teacher is an eligible teacher, including a verification process; and (v) a process for certifying a list of eligible teachers to be awarded a salary supplement under this section. (b) An LEA shall update the policy described in Subsection (2)(a) annually and provide notice of any changes to teachers within the LEA. (3) Subject to legislative appropriations and an LEA having the policy described in Subsection (2), the state board shall allocate funding appropriated for the Salary Supplements for Highly Needed Educators program in accordance with this section by: (a) for charter schools: (i) distributing an amount that is equal to the product of: (A) charter school enrollment on October 1 in the prior year, or, for a new charter school, projected enrollment for a charter school in the charter school's first year of operations, divided by enrollment on October 1 in public schools statewide in the prior year; and (B) the total amount available for distribution; and (ii) allocating to each charter school: (A) an equally divided portion of 20% of the amount described in Subsection (3)(a)(i); and (B) 80% of the amount described in Subsection (3)(a)(i) on a per-student basis; and (b) for school districts and the Utah Schools for the Deaf and the Blind: (i) distributing the remainder of funds available for distribution after the distribution to charter schools under Subsection (3)(a)(i) by allocating to each school district: (A) an equally divided portion of 20% of the amount described in Subsection (3)(b)(i); and (B) 80% of the amount described in Subsection (3)(b)(i) on a per-student basis. (c) An LEA shall use funds described in Subsections (3)(a) and (3)(b) to pay the LEA's proportional part of an eligible teacher's salary supplement if: (i) the eligible teacher is an employee of a regional education service agency, as defined in Section 53G-4-410; and (ii) the LEA is a member of the regional education service agency that employs the eligible teacher. (4) (a) An LEA shall include employer-paid benefits in the amount of each salary supplement. (b) Employer-paid benefits are an addition to the salary supplement amount established by an LEA under Subsection (2). (5) The salary supplement is part of an eligible teacher's base pay, subject to eligible teacher's qualification as an eligible teacher every year, semester, or quarter. (6) The state board shall annually report to the Education Interim Committee: (a) which teaching assignments LEAs have designated as high-needs; and (b) the number of eligible teachers. (7) An LEA may increase the amount of funds the LEA provides to the LEA's teachers under the program if the LEA: (a) first ensures proper distribution of funds the LEA receives under the program to the the LEA's teachers; and (b) experiences a carry forward or leftover balance.
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