Evaluation. (1) As used in this section: (a) "Benchmark assessment" means the assessment described in Sections 53E-4-307 and 53E-4-307.5. (b) "Eligible teacher" means a general education or special education teacher who is employed as a teacher in kindergarten through grade 8 in a high poverty school: (i) at the time the teacher is considered by the state board for a salary bonus; and (ii) a full school year before the school year the eligible teacher is being considered by the state board for a salary bonus under this section, regardless of whether the teacher was employed the previous year by a high poverty school or a different public school, either: (A) achieves a median growth percentile of 70 or higher while teaching in grade 4 through 8 at any public school in the state a course for which a standards assessment is administered as described in Section 53E-4-303; or (B) achieves at least 85% of students whose progress is assessed as typical or better at the end of the year assessment while teaching kindergarten or grade 1, 2, or 3 at any public school in the state at which a benchmark assessment is administered. (c) "High poverty school" means a public school: (i) in which, during the previous school year, based on October 1 enrollment as of the year-end data submission: (A) more than 20% of the enrolled students are classified as children affected by intergenerational poverty; or (B) 70% or more of the enrolled students qualify for free or reduced lunch; or (ii) (A) that has previously met the criteria described in Subsection (1)(c)(i)(A) and for each school year since meeting that criteria at least 15% of the enrolled students at the public school have been classified as children affected by intergenerational poverty; or (B) that has previously met the criteria described in Subsection (1)(c)(i)(A) and for each school year since meeting that criteria at least 60% of the enrolled students at the public school have qualified for free or reduced lunch. (d) "Intergenerational poverty" means the same as that term is defined in Section 35A-9-102. (e) "Median growth percentile" means a number that describes the comparative effectiveness of a teacher in helping the teacher's students achieve growth in a year by identifying the median student growth percentile of all the students a teacher instructs for each standards assessment. (f) "Program" means the Effective Teachers in High Poverty Schools Incentive Program created in Subsection (2). (g) "Standards assessment" means the assessments described in Section 53E-4-303. (h) "Student growth percentile" is a number that describes where a student ranks in comparison to students with similar achievement on standards assessments in previous years. (2) (a) The Effective Teachers in High Poverty Schools Incentive Program is created to provide an annual salary bonus for an eligible teacher. (b) The state board shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules for: (i) the administration of the program; (ii) payment of a salary bonus; and (iii) application requirements. (c) The state board shall make an annual salary bonus payment in each fiscal year in which money is appropriated for the program. (d) The state board shall make a partial payment of the annual salary bonus described in Subsection (2)(c), to an eligible teacher who has a part-time assignment in a regular or special education classroom at an eligible school, based on the number of hours the eligible teacher works in the classroom assignment. (3) (a) Subject to future budget constraints, the Legislature shall annually appropriate money to fund the program. (b) Money appropriated for the program shall include money for the following employer-paid benefits: (i) social security; and (ii) Medicare. (4) (a) (i) An LEA shall annually apply to the state board on behalf of an eligible teacher for an eligible teacher to receive an annual salary bonus each year that the teacher is an eligible teacher. (ii) A teacher need not be an eligible teacher in consecutive years to receive the increased annual salary bonus described in Subsection (4)(b). (b) The annual salary bonus for an eligible teacher is $7,000. (c) A public school that applies on behalf of an eligible teacher under Subsection (4)(a)(i) shall pay half of the salary bonus described in Subsection (4)(b) each year the eligible teacher is awarded the salary bonus. (d) The state board shall award a salary bonus to an eligible teacher based on the order that an application from a public school on behalf of the eligible teacher is received. (5) The state board shall: (a) determine if a teacher is an eligible teacher; (b) verify, as needed, the determinations made under Subsection (5)(a) with the school district and school district administrators; (c) publish a list of high poverty schools; and (d) within 30 days of the data being available, provide notice to each teacher in the state who, for the current school year, achieved the criteria described in Subsection (1)(b) and include: (i) a summary of the program, including: (A) the amount of the annual salary bonus; and (B) the remaining requirements to qualify for the annual salary bonus; and (ii) the list of schools described in Subsection (5)(c). (6) The state board shall: (a) distribute money from the program to an LEA in accordance with this section and state board rule; and (b) include the employer-paid benefits described in Subsection (3)(b) in addition to the salary bonus amount described in Subsection (4)(b). (7) Money received from the program shall be used by an LEA to provide an annual salary bonus equal to the amount specified in Subsection (4)(b) for each eligible teacher and to pay affiliated employer-paid benefits described in Subsection (3)(b). (8) (a) After the third year salary bonus payments are made, and each succeeding year, the state board shall evaluate the extent to which a salary bonus described in this section improves recruitment and retention of effective teachers in high poverty schools by examining turnover rates of teachers who receive the salary bonus compared to teachers who do not receive the salary bonus. (b) Each year that the state board conducts an evaluation described in Subsection (8)(a), the state board shall, in accordance with Section 68-3-14, submit a report on the results of the evaluation to the Education Interim Committee on or before November 30. (9) A public school shall annually notify a teacher: (a) of the teacher's median growth percentile; and (b) how the teacher's median growth percentile is calculated. (10) Notwithstanding this section, if the appropriation for the program is insufficient to cover the costs associated with salary bonuses, the state board may limit or reduce a salary bonus.
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