Public Employee Compensation Amendments

6
53G-4-301
53G-4-305
0
Public Employee Compensation Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jake Sawyer
Senate Sponsor:
LONG TITLE
General Description:
This bill establishes limitations on school district administrator compensation.
Highlighted Provisions:
This bill:
defines terms related to district administrator compensation;
caps annual salary increases for certain district administrators at the weighted pupil unit
inflationary factor;
requires a public hearing before a local school board may approve salary increases that
exceed the weighted pupil unit inflationary factor;
requires performance metric outcomes for salary increases that exceed the weighted pupil
unit inflationary factor;
limits certain administrator benefits;
establishes compensation scale requirements for deputy administrators;
establishes initial compensation requirements for new superintendents; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53G-4-301
, as last amended by Laws of Utah 2018, Chapter 22 and renumbered and
amended by Laws of Utah 2018, Chapter 3
ENACTS:
53G-4-305
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53G-4-301
is amended to read:
53G-4-301
. Local superintendent of schools -- Appointment -- Qualifications --
Term -- Compensation.
(1)
Subject to Subsection
(7)
, a local school board shall appoint a district superintendent of
schools who serves as the local school board's chief executive officer.
(2)
A local school board shall appoint the superintendent on the basis of outstanding
professional qualifications.
(3)
(a)
A superintendent's term of office is for two years and until, subject to Subsection
(7)
, a successor is appointed and qualified.
(b)
A local school board that appoints a superintendent in accordance with this section
may not, on or after May 10, 2011, enter into an employment contract that contains
an automatic renewal provision with the superintendent.
(4)
Unless a vacancy occurs during an interim vacancy period subject to Subsection
(7)
, if it
becomes necessary to appoint an interim superintendent due to a vacancy in the office of
superintendent, the local school board shall make an appointment during a public
meeting for an indefinite term not to exceed one year, which term shall end upon the
appointment and qualification of a new superintendent.
(5)
A
In accordance with Section
53G-4-305
, a
local school board shall set the
superintendent's compensation for services.
(6)
A superintendent qualifies for office by taking the constitutional oath of office.
(7)
(a)
As used in this Subsection
(7)
, "interim vacancy period" means the period of time
that:
(i)
begins on the day on which a general election described in Section
20A-1-202
is
held to elect a member of a local school board; and
(ii)
ends on the day on which the member-elect begins the member's term.
(b)
(i)
The local school board may not appoint a superintendent during an interim
vacancy period.
(ii)
Notwithstanding Subsection
(7)(b)(i)
:
(A)
the local school board may appoint an interim superintendent during an
interim vacancy period; and
(B)
the interim superintendent's term shall expire once a new superintendent is
appointed by the new local school board after the interim vacancy period has
ended.
(c)
Subsection
(7)(b)
does not apply if all the local school board members who held
office on the day of the general election whose term of office was vacant for the
election are re-elected to the local school board for the following term.
Section 2. Section
53G-4-305
is enacted to read:
53G-4-305
. District administrator compensation.
(1)
As used in this section:
(a)
"Covered administrator" means:
(i)
a school district superintendent;
(ii)
a school district business administrator;
(iii)
a deputy superintendent or equivalent; or
(iv)
a member of a school district's administrative team or cabinet whom the district
superintendent directly supervises.
(b)
"Limited benefit" means a benefit other than:
(i)
health insurance;
(ii)
dental insurance;
(iii)
a retirement contribution required under Title 49, Utah State Retirement and
Insurance Benefit Act; or
(iv)
a workers' compensation benefit required under Title 34A, Chapter 2, Workers'
Compensation Act.
(c)
"Total compensation" means the sum of:
(i)
the base salary; and
(ii)
the total value of all limited benefits provided to the covered administrator.
(d)
"
WPU
inflationary factor" means the percentage increase in the weighted pupil unit
value, as defined in Section
53F-2-102
, from one fiscal year to the next fiscal year, as
determined by the Legislature in accordance with Section
53F-2-208
.
(2)
A local school board may not approve an annual increase in total compensation for a
covered administrator that exceeds the WPU inflationary factor for the applicable fiscal
year unless:
(a)
the local school board holds a public hearing in accordance with Subsection
(3)
;
(b)
the compensation increase is tied to measurable performance outcomes in accordance
with Subsection
(4)
; and
(c)
the compensation increase is approved by a majority vote of the local school board at
a public meeting following the public hearing described in Subsection
(3)
.
(3)
(a)
Before a local school board may approve an increase in total compensation for a
covered administrator that exceeds the WPU inflationary factor, the local school
board shall hold a public hearing.
(b)
The local school board shall:
(i)
conduct the public hearing during a regularly scheduled or specially called
meeting;
(ii)
post the notice of the public hearing in accordance with Section
52-4-202
;
(iii)
include an opportunity for public comment; and
(iv)
include a presentation of:
(A)
the proposed total compensation increase amount and percentage;
(B)
the WPU inflationary factor for the applicable fiscal year;
(C)
the performance metrics described in Subsection
(4)
that justify the proposed
increase; and
(D)
the covered administrator's demonstrated achievement of the performance
metrics.
(4)
(a)
A local school board shall base an increase in total compensation that exceeds the
WPU inflationary factor on the covered administrator's demonstrated achievement of
measurable performance outcomes over at least two consecutive fiscal years.
(b)
Performance outcomes under Subsection
(4)(a)
shall include at least three of the
following metrics:
(i)
improvement in the school district's teacher retention rate;
(ii)
improvement in student literacy outcomes as measured by statewide assessments;
(iii)
improvement in student mathematics proficiency as measured by statewide
assessments;
(iv)
improvement in the school district's high school graduation rate;
(v)
improvement in the school district's chronic absenteeism rate;
(vi)
improvement in the school district's college and career readiness indicators;
(vii)
successful implementation of strategic initiatives approved by the local school
board; or
(viii)
other measurable outcomes approved by the local school board that demonstrate
improved student achievement or operational efficiency.
(c)
A local school board may select no more than one performance outcome under
Subsection
(4)(b)(viii)
.
(d)
Before the beginning of the fiscal year in which performance is measured, the local
school board shall:
(i)
establish specific, measurable targets for each performance outcome selected
under Subsection
(4)(b)
;
(ii)
prepare a written justification demonstrating how the local targets align with and
support the state board's strategic goals and statewide education priorities;
(iii)
publish the performance targets and written justification described in Subsections
(4)(d)(i)
and
(4)(d)(ii)
on the school district's publicly accessible website; and
(iv)
provide the performance targets and written justification to the state board.
(e)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules to establish:
(i)
guidance on setting appropriate performance targets that align with statewide
education goals;
(ii)
standards for demonstrating meaningful improvement; and
(iii)
requirements for local school boards to justify performance targets.
(f)
Following the completion of each fiscal year during which performance is measured,
the local school board shall publish on the school district's publicly accessible
website a report demonstrating the covered administrator's achievement of the
established performance targets.
(5)
(a)
A local school board may not approve limited benefits for a covered administrator
with a total value that exceeds 10% of the covered administrator's base salary.
(b)
A local school board may not circumvent the limitation described in Subsection
(5)(a)

or the total compensation cap described in Subsection
(2)
through the use of
excessive benefits in lieu of salary increases.
(c)
For purposes of calculating the limitation described in Subsection
(5)(a)
, limited
benefits include:
(i)
an automobile allowance or use of a district-owned vehicle for personal use;
(ii)
a housing allowance;
(iii)
a cell phone allowance that exceeds the actual cost of the cell phone used for
district business;
(iv)
club memberships;
(v)
professional development expenses that exceed $10,000 annually; and
(vi)
other similar benefits that provide personal value to the covered administrator.
(6)
(a)
Except as provided in Subsection
(6)(c)
, a local school board may not approve a
maximum salary for a deputy superintendent or other covered administrator
described in Subsection
(1)(a)(iv)
that exceeds 110% of the initial salary established
for:
(i)
the school district superintendent; or
(ii)
the school district business administrator, if the deputy superintendent or covered
administrator reports to the business administrator.
(b)
The limitation described in Subsection
(6)(a)
applies to the total compensation
package, including base salary and the value of limited benefits.
(c)
The limitation described in Subsection
(6)(a)
does not apply if the deputy
superintendent or covered administrator described in Subsection
(1)(a)(iv)
:
(i)
was employed by the school district in the position before July 1, 2026; and
(ii)
received a salary that exceeded the limitation.
(7)
(a)
Except as provided in Subsection
(7)(b)
, when a local school board appoints a
new school district superintendent, the local school board may not approve an initial
salary for the new superintendent that equals or exceeds the salary of the outgoing
superintendent at the time the outgoing superintendent left the position.
(b)
Subsection
(7)(a)
does not apply if the new superintendent has:
(i)
at least five years of experience as a school district superintendent in a school
district of comparable size; or
(ii)
at least 10 years of experience in school district-level educational administration.
(c)
For purposes of Subsection
(7)(b)(i)
, a school district is of comparable size if the
school district's pupil in average daily membership, as defined in Section
53F-2-102
,
is within 25% of the appointing school district's pupil in average daily membership.
(8)
This section does not apply to the Utah Schools for the Deaf and the Blind.
Section 3.
Effective Date.
This bill takes effect on
July 1, 2026
.
1-15-26 11:47 AM