NOTICE OF SUBSTANTIVE CHANGE
1. Agency Information
Education, Administration
Salt Lake City, UT 84114-4200
2. Contact Persons
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:
R277-486. Professional Staff Cost Program
B. Purpose of the new rule or reason for the change:
These rule amendments are needed due to the passage of HB 2 during the 2025 General Session.
C. Summary of the new rule or change:
Because the Legislature eliminated the funding and repealed the authorizing statute for the Professional Staff Cost Program, Rule R277-486 no longer has a statutory foundation or practical application.
Therefore, repealing Rule R277-486 in its entirety ensures the Utah State Board of Education's (USBE) administrative rules accurately reflect current state law and to prevent any confusion for Local Education Agencies (LEAs) regarding obsolete funding mechanisms.
4. Legislative Action Information
A. Are any changes in this filing
because of state legislative action?
Changes are because of legislative action.
B. If yes, any bill number and
session:
HB 2 (2025 General Session)
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
This amendment is not expected to have fiscal impact on state government revenues or expenditures.
The Professional Staff Cost program and allocation has been eliminated.
The fiscal impacts were captured in the fiscal note to HB 2 (2025).
This amendment is not expected to have fiscal impact on local governments' revenues or expenditures.
The Professional Staff Cost program and allocation has been eliminated.
The fiscal impacts were captured in the fiscal note to HB 2 (2025).
C. Small businesses ("small business" means a business employing 1-49 persons):
This amendment is not expected to have fiscal impact on small businesses' revenues or expenditures.
The Professional Staff Cost program and allocation has been eliminated.
The fiscal impacts were captured in the fiscal note to HB 2 (2025).
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 amendment is not expected to have fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities.
The Professional Staff Cost program and allocation has been eliminated.
The fiscal impacts were captured in the fiscal note to HB 2 (2025).
F. Compliance costs for affected persons:
There are no compliance costs for affected persons.
The Professional Staff Cost program and allocation has been eliminated.
The fiscal impacts were captured in the fiscal note to HB 2 (2025).
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."
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
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:
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)
13. Agency Authorization Information
Agency head or
designee and title:
Elisse Newey, Deputy Superintendent of
Policy
R277. Education, Administration.
[R277-486. Professional Staff Cost Program. R277-486-1. Authority and Purpose. (1) This rule is authorized by: (a) Utah Constitution Article X, Section 3, which vests general control and supervision of 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; and (c) Subsection 53F-2-305(2), which authorizes the Board to make a rule requiring a certain percentage of a LEA's professional staff to be licensed in the area the teacher teaches to receive full funding under the state statutory formula. (2) The purpose of this rule is to outline the eligibility requirements for an LEA to receive WPUs for professional staff including the acceptable experience and training an LEA's staff should have. (1) "Comprehensive Administration of Credentials for Teachers in Utah Schools (CACTUS)" means the electronic file maintained on all licensed Utah educators that includes: (a) personal directory information; (b) educational background; (e) professional development information; and (f) a record of any disciplinary action taken against the educator. (3) "FTE" means full time equivalent. (2) "National Board certified educator" means an educator who has been certified by the National Board for Professional Teaching Standards (NBPTS). (3) "Weighted Pupil Unit (WPU)" means the same as that term is defined in Subsection 53F-2-102(7). R277-486-3. Eligibility to Receive WPUs for Professional Staff. (1)(a) An LEA shall only receive WPUs in accordance with the formula provided in Subsection 53F-2-305(1)(a): (i) for an educator who holds at least a bachelor's degree; and (ii) to the extent an educator is qualified to work in the area the educator is assigned consistent with R277-520. (b) A full time educator who is appropriately qualified in only 75% of the educator's assignments would count as 0.75 FTEs in the calculation of an LEA's WPU. (c) An LEA shall have an appropriately qualified educator in every assignment to receive full funding. (2) An LEA may not receive WPUs for interns or paraprofessionals in any assignment. R277-486-4. Acceptable Experience. (1) Educator experience for purposes of this rule shall be measured in one-year increments. (2) For purposes of the professional staff cost calculation, an educator shall be credited by the Superintendent with one year of experience for every school year in which the educator is employed: (a) at least half-time (0.5 FTE) in a position that requires a Utah Educator License as described in R277-520; and (b) in a public school in the State of Utah or in a regionally accredited: (i) public school outside of the State of Utah; (iii) institution of higher education; or (iv) regional service center. (3) To obtain credit under Subsection (2), the LEA which employs the educator shall submit acceptable documentation verifying such experience to the Superintendent, including documentation of the school's or institution's regional accreditation. (4) An educator who is employed in a prekindergarten position may not be counted for the purposes of determining an LEA's professional staff WPUS, unless the educator is or was employed in a special education position in an accredited school. (5) None of the following experiences are considered acceptable for purposes of determining an educator's experience under this rule: (a) unpaid volunteer service; (c) employment in non-instructional or non-administrative positions in a school setting; or (6) The Superintendent may require an educator or LEA to provide documentation of an educator's experience in a private school, institution of higher education, or a regional service center to determine relevance of experience. 
