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First Substitute H.B. 211

Representative Wayne A. Harper proposes to substitute the following bill:


             1     
TUITION WAIVERS FOR TEACHERS

             2     
2001 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Wayne A. Harper

             5      This act modifies provisions related to the State System of Public Education by granting
             6      tuition waivers to educators for courses taken at higher education institutions that satisfy
             7      professional development requirements for retaining a license to teach. The act takes effect
             8      July 1, 2001.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          53A-6-104, as last amended by Chapter 331, Laws of Utah 2000
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 53A-6-104 is amended to read:
             14           53A-6-104. Board licensure.
             15          (1) (a) The board may issue licenses for educators.
             16          (b) (i) A person employed in a position that requires licensure by the board shall hold the
             17      appropriate license.
             18          (ii) The board shall issue a letter of authorization permitting a person to be employed as
             19      a classroom teacher if requested by a local school board which has determined that:
             20          (A) the person has outstanding professional qualifications; and
             21          (B) employment of the person would permit the school district to better meet the
             22      educational goals of students.
             23          (2) (a) The board may by rule rank, endorse, or otherwise classify licenses and establish
             24      the criteria for obtaining and retaining licenses.
             25          (b) (i) The board shall make rules requiring participation in professional development


             26      activities in order for educators to retain their licenses.
             27          (ii) An educator who is enrolling in a course of study at an institution of higher education
             28      within the state system to satisfy the professional development requirements of Subsection (2)(b)(i)
             29      is exempt from tuition, except for a semester registration fee established by the State Board of
             30      Regents, if:
             31          (A) the educator is enrolled on the basis of surplus space in the class after regularly
             32      enrolled students have been assigned and admitted to available classroom space in accordance with
             33      regular procedures and normal teaching loads in that space within the institution's approved
             34      budget; and
             35          (B) enrollments are determined by each institution under rules and guidelines established
             36      by the State Board of Regents in accordance with findings of fact that space is available for the
             37      educator's enrollment.
             38          (iii) (A) If space is not available to an educator under Subsection (2)(b)(ii), then the
             39      educator qualifies for a 50% waiver of tuition S [ and fees ] s charged by the institution for the
             39a      course,
             40      except as otherwise provided in Subsection (2)(b)(iii)(B).
             41          (B) An educator qualifies for a full waiver of tuition S [ and fees ] s under Subsection
             42      (2)(b)(iii)(A) if the educator is teaching in a targeted subject area.
             43          (C) For purposes of Subsection (2)(b)(iii)(B), the board shall, by rule, define targeted
             44      subject area to include those areas for which it is difficult to recruit qualified educators or where
             45      there are shortages in personnel, such as special education, technology, math, and science.
             46          (D) The State Board of Education may require an educator who receives a waiver under
             47      Subsections (2)(b)(ii) or (iii) to repay the tuition waived for the course if the educator:
             48          (I) fails to obtain at least a "B" grade in the course; or
             49          (II) does not teach in the state's public schools for at least three years after completing the
             50      course.
             51          (E) The State Board of Education shall reimburse higher education institutions for waivers
             52      given under Subsection (2)(b)(iii) from the annual appropriation made by the Legislature to fund
             53      the program.
             54          (3) Unless suspended or revoked by the board, or surrendered by the educator, a license
             55      is valid for the following period:
             56          (a) a letter of authorization is valid for one year, or a shorter period as specified by the


             57      board, subject to renewal by the board for a total of not more than four years of full-time
             58      equivalent employment;
             59          (b) a level 1 license is valid for three years, subject to renewal by the board for a total of
             60      not more than six years;
             61          (c) a level 2 license is valid for five years, subject to renewal by the board; and
             62          (d) a level 3 license is valid for seven years, subject to renewal by the board.
             63          Section 2. Effective date.
             64          This act takes effect on July 1, 2001.


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