Education

Administration

Rule 317: Incentives for National Board Certification

Effective Date: 08/07/2026

Admin. Code Reference: R277-317

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Filing ID: 58055

Rule or section number:

R277-317

1. Agency Information

Title catchline:

Education, Administration

Building:

Board of Education

Street address:

250 E 500 S

City, state:

Salt Lake City, UT

Mailing address:

PO Box 144200

City, state and zip:

Salt Lake City, UT 84114-4200

2. Contact Persons

Name:

Phone:

Email:

Elisse Newey

801-538-7500

Elisse.newey@schools.utah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R277-317. Incentives for National Board Certification

B. Purpose of the new rule or reason for the change:

The amendments add a sunset date and remove an oversight category.

C. Summary of the new rule or change:

The sunset date added is 06/30/2027.

The Utah State Board is currently exhausting remaining funds for this program and the legislature has not allocated additional funds at this time.

In addition, the rule oversight categorization as "exempt" is removed.

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This rule change is not expected to have fiscal impact on state government revenues or expenditures. The proposed amendment strikes Subsection R277-317-1(3), which previously specified that this rule was categorized as exempt from the framework outlined in Rule R277-111. Removing this internal organizational oversight designation is purely a technical, text-cleaning measure.

The addition of the sunset date does not have a direct fiscal impact to the state, Local Education Agencies (LEAs), or other persons, as the Legislature has decided to discontinue funding for the program.

B. Local governments:

This rule change is not expected to have fiscal impact on local governments' revenues or expenditures.

The proposed amendment strikes Subsection R277-317-1(3), which previously specified that this rule was categorized as exempt from the framework outlined in Rule R277-111. Removing this internal organizational oversight designation is purely a technical, text-cleaning measure.

The addition of the sunset date does not have a direct fiscal impact to the state, LEAs, or other persons, as the Legislature has decided to discontinue funding for the program.

C. Small businesses ("small business" means a business employing 1-49 persons):

This rule change is not expected to have fiscal impact on small businesses' revenues or expenditures.

This only applies to the Utah State Board of Education (USBE) and LEAs.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

There are no non-small businesses in the industry in question, Elementary and Secondary Schools (North American Industry Classification System (NAICS) 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule change is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses, and it does not require any expenditures of, or generate revenue for non-small businesses.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

This rule change is not expected to have fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities.

The addition of the sunset date does not have a direct fiscal impact to the state, LEAs, or other persons, as the Legislature has decided to discontinue funding for the program.

F. Compliance costs for affected persons:

There are no compliance costs for affected persons.

The addition of the sunset date does not have a direct fiscal impact to the state, LEAs, or other persons, as the Legislature has decided to discontinue funding for the program.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

7. Regulatory Impact Analysis Approval

The State Superintendent of the Utah State Board of Education, Molly Hart, has reviewed and approved this regulatory impact analysis.

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Utah Constitution, Article X, Section 3

Subsection 53E-3-401(4)

Section 53F-5-202

Section 53F-2-523

11. Public Notice Information

The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

07/31/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

08/07/2026

13. Agency Authorization Information

Agency head or

designee and title:

Elisse Newey, Deputy Superintendent of Policy

Date:

06/16/2026

R277. Education, Administration.

R277-317. Incentives for National Board Certification.

R277-317-1. Authority[,] and Purpose[, and Oversight Category].

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

(b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law;

(c) Section 53F-5-202, which requires the Board to make rules to specify procedures and timelines for reimbursing educators for the cost to attain or renew a National Board certification; and

(d) Section 53F-2-523, which requires the Board to implement a salary supplement for eligible educators.

(2) The purpose of this rule is to specify procedures and timelines for:

(a) reimbursements to educators under Section 53F-5-202; and

(b) applications for the salary supplement under Section 53F-2-523.

[(3) This Rule R277-317 is categorized as exempt from the framework outlined in Rule R277-111 because the rule's requirements apply to

the Superintendent and not LEAs.]

R277-317-2. Definitions.

(1) "Eligible educator" means an educator who holds a current professional license and current National Board certification attained or renewed:

(a) after July 1, 2016; and

(b) while employed as an educator by an LEA in Utah.

(2) "Local education agency" or "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

(3) "National Board certification" means the same as that term is defined in Section 53E-6-102.

R277-317-3. Salary Supplement for Eligible Educators.

(1) The Superintendent shall allocate funds for salary supplements to eligible educators in accordance with Subsection 53F-2-523(3).

(2) The Superintendent shall maintain an online application system for eligible educators and make it available to educators no later than October 1 each school year.

(3) An applicant for the Board-certified salary supplement shall apply to the Superintendent by March 31.

(4)(a) If an applicant is denied funds under this rule, the applicant may submit a written appeal to the Superintendent prior to April 30.

(b) An appeal under Subsection (4)(a) is limited to the following issues:

(i) whether the applicant is an eligible educator;

(ii) whether the applicant was assigned to teach at a Title I school during the school year at issue;

(iii) whether the Superintendent's initial denial was inconsistent with Section 53F-2-523 or this Rule R277-317; or

(iv) whether the Superintendent's initial denial was based on inaccurate or missing information.

(c) The Superintendent may designate a panel of at least two Board staff members to review an appeal made under Subsection (4)(a) and make a recommendation to the Superintendent within 30 days of receipt of the written appeal.

(5) The Superintendent shall issue a ruling on an appeal within 15 days of receipt of the panel's recommendation.

(6) The decision of the Superintendent on an appeal is the final Board administrative action.

R277-317-4. Grants for National Board Certification.

(1) The Superintendent shall establish and maintain an online application system through which an educator may apply for a grant to pay for fees and costs to pursue or renew a National Board certification.

(2) An applicant for a grant under Subsection (1) shall pay a registration fee to the National Board for Professional Teaching Standards or "NBPTS" prior to submitting the application.

(3) The Superintendent shall pay a grant under Subsection (1) directly to NBPTS.

(4)(a) To receive a grant under Subsection (1), an educator shall submit an application through the application system, including all information required by Section 53F-5-202.

(b) The Superintendent shall accept applications from July 1 through January 31 annually.

(5) The Superintendent may not award a grant under this section to an educator with a currently suspended license.

(6)(a) The Superintendent shall annually determine the number of new grant awards available based on:

(i) legislative appropriations;

(ii) estimated costs under Section R277-317-3;

(iii) encumbered costs for grants previously awarded under this section; and

(iv) costs associated with obtaining National Board Certification.

(b) The Superintendent shall publish the number of new grants available by October 15 annually.

(c) If the number of applicants exceeds the number of available grant awards, the Superintendent shall randomly choose grant recipients from all complete applications.

(7) In order for an educator to receive a grant under this section, the Superintendent shall require the educator to attest that the educator will not accept payment of National Board certification costs covered under the grant from any other party.

(8) A grant recipient shall notify the Superintendent as soon as possible if:

(a) the individual discontinues pursuit of National Board Certification;

(b) the individual becomes ineligible to receive a grant under this section;

(c) the individual becomes ineligible to pursue National Board Certification under rules established by the National Board for Professional Teaching Standards; or

(d) the individual requests approval for an amendment to the individual's application plan.

R277-317-5. Sunset Date.

This rule will sunset on June 30, 2027.

KEY: national board certification, grants, salary supplements

Date of Last Change: 2026[June 9, 2025]

Notice of Continuation: June 16, 2026

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-5-202; 53F-2-523

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