SB 85

02-27 15:57  1st Sub. (Green) S.B. 85
  Lincoln Fillmore proposes the following substitute bill:
1Excellence in Education and Leadership Supplement Modifications
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Lincoln Fillmore
  House Sponsor: Mark A. Strong
2
3   LONG TITLE
4   General Description:
5This bill amends the Excellence in Education and Leadership Supplement to expand access
6   to the performance-based teacher award program.
7   Highlighted Provisions:
8This bill:
9▸ broadens statewide eligibility for the performance-based teacher award program;
10▸ provides a process for teachers employed in non-participating local education agencies to
11   be considered for an award; and
12▸ makes conforming changes.
13   Money Appropriated in this Bill:
14None
15   Other Special Clauses:
16None
17   Utah Code Sections Affected:
18   AMENDS:
  1st Sub. S.B. 85
1953F-2-526, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
20
21   Be it enacted by the Legislature of the state of Utah:
22Section 1. Section 53F-2-526 is amended to read:
2353F-2-526 . Excellence in Education and Leadership Supplement.
24   (1) As used in this section:
25(a) "Center" means the Center for the School of the Future at Utah State University
26established in Section [53H-3-304] 53H-4-304.
27(b)(i) "Eligible teacher" means a teacher who is a top-performing teacher that the
28center determines using an LEA's assessment methods, including:
29[(i)] (A) student growth or achievement measures;
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30[(ii)] (B) professional evaluations;
31[(iii)] (C) parent or student surveys; and
32[(iv)] (D) other data-driven criteria the LEA establishes and the center verifies for
33validity.
34[(c)] (ii) "Eligible teacher" includes an individual whom an LEA participating in the
35program employs and who holds:
36[(i)] (A) a license the state board issues; and
37[(ii)] (B) a position that includes a current classroom teaching assignment.
38[(d)] (c) "High poverty school" means the same as that term is defined in Section
3953F-2-513.
40[(e)] (d) "LEA" means:
41(i) a school district;
42(ii) a charter school;
43(iii) the Utah Schools for the Deaf and the Blind; and
44(iv) a regional education service agency.
45[(f)] (e) "Program" means the Excellence in Education and Leadership Supplement
46created in Subsection (2).
47(f) "Self-nomination teacher" means a teacher who qualifies under Subsection (7).
48(g) "Tier performance level" means the following levels of performance for a teacher in
49comparison to all teachers the center determines in accordance with Subsection [(7)]
50(8):
51(i) the top 5% of teachers;
52(ii) the next 6%-10% of teachers; and
53(iii) the next 11%-25% of teachers.
54(h) "Top-performing" means the top 25% of teachers in comparison to all teachers the
55center determines using the methods described in Subsection (1)(b).
56(i) "Value-added growth model" means the student growth model the center uses
57statewide under Subsection (7) to calculate an individual teacher's contribution to
58student academic growth and determine comparative performance among teachers.
59   (2) Beginning July 1, 2024, there is created a five-year pilot program known as the
60Excellence in Education and Leadership Supplement to provide a performance-based
61award to an eligible teacher or self-nominating teacher in recognition for outstanding
62instructional talent which is evidenced by value added learning growth.
63   (3)(a) No later than December 31, 2024, an LEA shall declare the LEA's intent to
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64participate in the program to the center.
65(b) If an LEA declares an intent to participate in the program, the LEA shall:
66(i) develop a process for a school principal or the principal's designee to assess a
67teacher's performance consistent with this section to determine if a teacher is an
68eligible teacher, including the corresponding tier performance level; and
69(ii) create an appeals process for an employee who is not nominated to be an eligible
70teacher.
71   (4) No later than July 1, 2025, [an] a participating LEA shall:
72(a) attend a training that the center creates regarding the guidelines for developing a
73process described in Subsection (3); and
74(b) develop and submit for approval the participating LEA's process described in
75Subsection (3) to the center.
76   (5)(a) The center shall review the participating LEA's process described in Subsection (3)
77and approve the process or request that the LEA make changes to the submitted
78process.
79(b) If the center requests changes to the participating LEA's submitted process, the
80participating LEA shall work with the center to make necessary changes to receive
81final approval from the center.
82(c) No later than August 15, 2025, the center shall provide final approval or denial of [an]
83a participating LEA's process.
84   (6) Before August 31, 2025, [an] a participating LEA with an approved process as described
85in Subsection (5) shall:
86(a) ensure each school principal or the principal's designee attends a training that the
87center creates regarding:
88(i) how to effectively use the participating LEA's approved process to select and
89submit to the center nominations for eligible teachers, including the corresponding
90tier performance level; and
91(ii) how to protect student and educator data privacy when submitting nominations
92and applications, as described in Subsection [(9)(b)(ii)] (10)(b)(ii);
93(b) provide information to teachers within the participating LEA regarding the program
94and how the school's principal or principal's designee will use the approved
95participating LEA process to make nominations of eligible teachers; and
96(c) ensure each school principal or the principal's designee is able to use the participating
97LEA's approved process to evaluate and select which teachers within the school to
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98nominate as eligible teachers, including the corresponding tier performance level.
99   (7)(a) An individual employed as a classroom teacher in an LEA that does not
100participate in the program under Subsection (3) may enter a self-nomination pathway
101to be considered for a performance-based award under this section if the teacher:
102(i) teaches a subject and grade for which the state administers a statewide assessment
103measuring student academic growth or achievement;
104(ii) receives a value-added growth model score the center calculates using statewide
105data within the top 40% of all statewide value-added growth model results for
106teachers not employed in a participating LEA, and in the teacher's taught and
107assessed subjects and grades; and
108(iii) receives certification from the state board that the teacher's license is not the
109subject of a pending or active action before the Utah Professional Practices
110Advisory Commission.
111(b) The center shall identify the top 40% of teachers from non-participating LEAs
112described in Subsection (7)(a) and issue an invitation through the state superintendent
113to those teachers to apply under the self-nomination pathway.
114(c) A self-nomination teacher is not employed by a participating LEA and is not required
115to be nominated by an LEA under Subsection (3) and is not subject to the
116LEA-developed process described in Subsections (3) and (4).
117   [(7)] (8)(a) In assessing if a nominated teacher is an eligible teacher or self-nominating
118teacher, the center shall create an assessment process that:
119[(a)] (i) uses the methods described in Subsection (1)(b);
120[(b)] (ii) calibrates:
121(A) for the eligible teacher pathway, the submissions an LEA submits to
122determine, for all nominated teachers statewide, which teachers are eligible
123teachers, including the corresponding tier performance level; or
124(B) for the self-nomination teacher pathway, the submissions of applications from
125all self-nomination teachers to determine, for all self-nomination teachers
126statewide, which teachers qualify for a performance-based award because the
127teacher falls within the top 25% statewide using the same assessment
128weighting and tier performance level methodology described in this Subsection
129(8);
130[(c)] (iii) may use additional criteria as determined by the center in consultation with
131participating LEAs;[ and]
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132[(d)] (iv) establishes a scoring rubric including the scores required for a designation in
133each tier performance level[.] ; and
134(v) for purposes of a self-nomination teacher under Subsection (7), applies the same
135weighting of value-added growth measures as used for eligible teachers and may
136not include any additional LEA-developed criteria or measures beyond those
137described in this section.
138(b) For a self-nomination teacher, the center shall perform the functions otherwise
139carried out by a participating LEA under Subsections (3) through (6).
140   [(8)] (9)(a) The center shall collaborate with participating LEAs to create:
141(i) selection and submission guidelines for:
142(A) the approval of the participating LEA's process as described in Subsection (5);
143and
144(B) the list of nominated eligible teachers described in Subsection (6);
145(ii) methods to determine student growth and achievement measures for subject areas
146that do not have standardized assessment data;
147(iii) the weightings for each element of the assessment process described in
148Subsection [(7)] (8); and
149(iv) the trainings described in this section.
150(b) In addition to the requirements in Subsection [(8)(a)] (9)(a), [an] a participating LEA
151may include the following if the participating LEA collaborates with the center to do
152so:
153(i) methods to determine student growth and achievement measures for subject areas
154that have standardized assessment data; and
155(ii) methods for combining measures described in Subsections [(8)(a)(ii)] (9)(a)(ii)
156and [(8)(b)(i)] (9)(b)(i) as appropriate to assure compatibility across all subject
157areas.
158(c) The center may provide program related technical assistance to an LEA.
159(d) The center may:
160(i) not incorporate LEA-developed additional measures when evaluating a
161self-nomination teacher; and
162(ii) create standardized measures similar to those described in Subsection (9)(b) that
163apply to the cohort within the self-nomination teacher pathway.
164   [(9)] (10)(a) [An] A participating LEA shall:
165(i) apply to the center on behalf of the nominated eligible teachers within the LEA
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166through a process and format that the center determines; and
167(ii) ensure a school principal or the principal's designee reevaluates an eligible
168teacher's designation under this section every three years.
169(b) The center shall:
170(i) create an application process for [an] a participating LEA to submit the list of
171nominated eligible teachers described in Subsection [(9)(a)] (10)(a), including a
172deadline for submission of the list of nominated teachers to the center;
173(ii) coordinate with the state board in the creation of the application process described
174in Subsection [(9)(b)(i)] (10)(b)(i) to ensure that any sharing of student and
175educator data during the application process:
176(A) complies with the Family Educational Rights and Privacy Act, 34 C.F.R. Part
17799;
178(B) complies with Title 53E, Chapter 9, Student Privacy and Data Protection; and
179(C) uses disclosure avoidance techniques, including aggregating and otherwise
180de-identifying data;
181(iii) no later than [October 1, 2026] December 1, 2026, determine if a nominated
182teacher is an eligible teacher through the process described in Subsection [(7)] (8);
183(iv) verify:
184(A) the validity of the participating LEA's process and assessment of an eligible
185teacher as described in Subsections (4) and (5); and
186(B) the nominations described in Subsection [(7)] (8) with the LEA and school
187administrators;
188(v) certify a list of eligible teachers and self-nomination teachers, including the total
189amount of funding the LEA receives for the LEA's eligible teachers or
190self-nomination teachers; and
191(vi) provide the list described in Subsection [(9)(b)(v)] (10)(b)(v) to the state board.
192(c) The center shall create a separate application process for a self-nomination teacher
193under Subsection (7), which shall:
194(i) allow an invited teacher described in Subsection (7) to submit an application
195directly to the center;
196(ii) require the license certification described in Subsection (7); and
197(iii) collect all data necessary for tier performance level determination under
198Subsection (8).
199   [(10)] (11)(a) Subject to legislative appropriations, the state board shall:
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200(i) within 45 days of receiving the list described in Subsection [(9)(b)(v)] (10)(b)(v)
201from the center, disburse funding to an LEA in the amount the center verifies that
202an LEA qualifies to receive for performance-based awards under this section;
203(ii) allocate up to [4.25%] 5.05% of the funds appropriated under this section to the
204center; and
205(iii) except as provided in Subsection (11)(d)(ii), develop a method to compensate an
206LEA for program administration that:
207(A) does not exceed 4% of the total funds appropriated under this section;
208(B) first compensates an LEA for fixed efforts associated with development and
209management of the LEA's teacher performance-based award program; and
210(C) allocates any remaining balance to compensate an LEA for variable efforts
211associated with ongoing program administration and management.
212      (b) The annual performance-based award for an eligible teacher or self-nomination
213teacher is:
214(i) $10,000 for a teacher in the top 5% of teachers;
215(ii) $5,000 for a teacher in the next 6%-10% of teachers; and
216(iii) $2,000 for a teacher in the next 11%-25% of teachers.
217      (c) If the eligible teacher or self-nomination teacher is employed at a high poverty
218school, the eligible teacher or self-nomination teacher shall receive an additional
219performance-based award that is equal in amount to the eligible teacher's or
220self-nomination teacher's performance-based award described in Subsection [(10)(b)]
221(11)(b).
222      (d)(i) Notwithstanding Subsections (11)(a), (b), and (c), for a self-nomination teacher
223under Subsection (7):
224(A) the self-nomination teacher's employing LEA shall serve solely as fiscal agent
225for payment of the performance-based award;
226(B) the employing LEA is not required to implement or maintain an LEA process
227under Subsection (3) or (4);
228(C) the center shall certify the self-nomination teacher's tier performance level
229directly to the state board; and
230(D) the performance-based award shall match the award amounts of a
231participating LEA awardee and shall be disbursed in equal installments through
232the teacher's regularly occurring compensation and conclude by the end of the
233program.
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234(ii) A non-participating LEA acting as fiscal agent under this Subsection (11)(d) is
235not eligible for administrative compensation under Subsection (11)(a)(iii).
236   [(11)] (12)(a) An LEA shall:
237(i) within 45 days of receiving the LEA's funds from the state board for all eligible
238teachers or self-nomination teachers, use the program funds to provide a
239performance-based award equal to the amount specified in Subsection [(10)] (11)
240for each eligible teacher or self-nomination teacher in each tier performance level;
241and
242(ii) provide the performance-based award in an eligible teacher's or self-nomination
243teacher's regularly occurring compensation in equal amounts through the
244contracted school years related to the performance-based award.
245(b) An LEA:
246(i) may use money appropriated to the LEA for the performance-based award for
247employer-paid benefits;
248(ii) may not include a performance-based award received under this section:
249(A) in a retirement calculation; or
250(B) as part of retirement contributions; and
251(iii) may not reduce an eligible teacher's or self-nomination teacher's award to ensure
252the LEA maintains the funds described in Subsection [(10)(a)(iii)] (11)(a)(iii).
253(c) The performance-based award is not part of an eligible teacher's or self-nomination
254teacher's base pay, and is subject to the eligible teacher's or self-nomination teacher's
255designation as an eligible teacher or self-nomination teacher.
256   [(12)] (13) Except as provided for in Subsection [(11)] (12), if the appropriation for the
257program is insufficient to cover the costs associated with performance-based awards, [an]
258a participating LEA may distribute the funds to each eligible teacher of the same tier of
259performance level on a pro rata basis.
260   [(13)] (14)(a)(i) In accordance with state and federal privacy laws, the state board
261shall provide the following data to the center:
262(A) relevant student achievement data;
263(B) relevant teacher data; and
264(C) any other relevant data as the center determines.
265(ii) If the center needs data from a non-participating LEA for purposes of the
266program, the state board:
267(A) shall provide the data; and
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268(B) except as provided in Subsection (14)(b), may provide the data in a
269de-identified manner, including providing an individual teacher's or student's
270data with a unique identifier that is not associated with the teacher's or student's
271name or school provided identification number.
272(b) Notwithstanding Subsection (14)(a)(ii), the state board shall provide reasonable
273additional data to the center if current data the center receives is incomplete or
274insufficient for purposes of identifying and inviting teachers under Subsection (7).
275[(b)] (c) The state board shall:
276(i) consult with the center; and
277(ii) contract with a third party to obtain and house a secure web-based portal for
278authorized LEA and state board users to:
279(A) allow a teacher to track the teacher's students' academic achievement and
280growth and assess within the teacher's LEA the teacher's individual progress
281toward becoming an eligible teacher nominee;
282(B) report results of the chosen model or models at the district, school, and subject
283or grade levels;
284(C) provide diagnostic data showing the growth and achievement trends for
285different groups of students associated with a teacher, school, charter system,
286or district; and
287(D) provide resources for teachers to interpret the model results, training modules,
288and receive or request technical support.
289[(c)] (d) The state board shall use up to 2.5% of the total funds appropriated under this
290section for the web-based access portal described in Subsection [(13)(b)] (14)(c).
291   [(14)] (15)(a) An eligible teacher or self-nomination teacher that receives a
292performance-based award under the program has no vested property right in the
293performance-based award or the designation as an eligible teacher or self-nomination
294teacher.
295(b) An eligible teacher's or self-nomination teacher's performance-based award and
296designation under this section are void if the school principal or principal's designee,
297LEA, or the center made or certified the designation improperly.
298   [(15)] (16)(a) Subject to prioritization of the Legislative Audit Subcommittee, unless the
299state board contracts a private auditor in accordance with Subsection [(15)(b)] (16)(b),
300the Office of the Legislative Auditor General established under Section 36-12-15
301shall, in any fiscal year:
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302(i) conduct an audit of the program including:
303(A) an evaluation of the implementation of the program; and
304(B) the efficacy of the program, including program outcomes; and
305(ii) prepare and submit a written report for an audit described in this section in
306accordance with Subsection 36-12-15(6)(b).
307(b) Subject to legislative appropriations, the state board may contract with an external
308auditor to perform the audit described in this Subsection [(15)] (16).
309   [(16)] (17)(a) The center shall report to the Education Interim Committee no later than
310the 2024 October meeting the following:
311(i) the methodology and process the center develops to achieve the requirements of
312Subsection [(7)] (8);
313(ii) relevant data and updates resulting from the collaborations described in
314Subsection [(8)] (9);
315(iii) any recommendations for future legislation; and
316(iv) data regarding performance-based award programs, including:
317(A) different approaches used to reward teacher performance, including different
318evaluation methods;
319(B) research outlining the effectiveness and impact of different performance-based
320award amounts on teacher retention; and
321(C) other considerations for impactful performance-based award programs in
322relation to teacher retention.
323(b) Beginning [November] December 1, 2026, the center shall provide an annual report
324to the Education Interim Committee regarding:
325(i) the statewide metrics used in accordance with Subsection [(7)] (8);
326(ii) de-identified and aggregated data showing the number of:
327(A) performance-based awards per school, including total number of eligible
328teachers and self-nomination teachers in each school;
329(B) eligible teachers and self-nomination teachers in high poverty schools;
330(C) eligible teachers and self-nomination teachers in each tier performance level;
331(D) eligible teachers and self-nomination teachers in subject areas that do not have
332standardized assessments; and
333(E) performance-based award denials per school, including the reasons for a
334denial;
335(iii) proportion of eligible teachers and self-nomination teachers in:
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336(A) school districts; and
337(B) charter schools; and
338(iv) teacher retention data for a school where an eligible teacher and self-nomination
339teacher is employed.
340   (18) Notwithstanding any deadlines described in this section, for the self-nomination
341teacher pathway described in Subsection (7), the following deadlines apply:
342(a) no later than December 1, 2026, the center shall provide to the state superintendent:
343(i) the email addresses for invited applicants to the self-nomination program; and
344(ii) any state board system specific identifier numbers for the invited applicants;
345(b) no later than December 15, 2026, the state superintendent shall:
346(i) ensure that all invited applicants have received an email invitation; and
347(ii) report to the center any email delivery failures;
348(c) no later than February 15, 2027, an invited self-nomination teacher shall indicate in
349the center's system the teacher's intent to submit a self-nomination application;
350(d) no later than April 15, 2027, a self-nomination teacher shall complete and submit the
351teacher's self-nomination application to the center;
352(e) no later than May 15, 2027, the center shall notify:
353(i) each recognized self-nomination teacher of the teacher's tier performance level
354and the amount of the performance-based award;
355(ii) each recognized self-nomination teacher's employing LEA of the teacher's tier
356performance level and the amount of the performance-based award; and
357(iii) the state board of each recognized self-nomination teacher's tier performance
358level and the amount of the performance-based award;
359(f) no later than June 1, 2027, the state board shall disburse the performance-based
360award funds to the employing LEA of each recognized self-nomination teacher; and
361(g) beginning July 15, 2027, an employing LEA shall disburse the performance-based
362award to each recognized self-nomination teacher in equal installments through the
363teacher's regularly occurring compensation so that all awarded funds are disbursed
364before the conclusion of the program described in Subsection (2).
365Section 2. Effective Date.
366   This bill takes effect on May 6, 2026.
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