S.B. 16 Enrolled

TEACHER QUALITY AMENDMENTS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: David H. Steele
Howard A. Stephenson
Dan R. Eastman
Ron Allen
Karen Hale

This act modifies provisions related to the State Systems of Public and Higher Education to
address issues of teacher quality in recognition of its relationship to student success. The act
provides for a comprehensive policy on teacher quality to include components on
recruitment, preservice, licensure, induction, professional development, and evaluation. The
act requires an annual report to the Legislature on the state of teacher quality in the state,
to include reliable data on the state's supply of and demand for teachers.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53A-1-501, as last amended by Chapter 28, Laws of Utah 1997
53A-1-702, as last amended by Chapter 4, Laws of Utah 1998
53A-1-704, as last amended by Chapter 33, Laws of Utah 1995
53A-1-705, as last amended by Chapter 33, Laws of Utah 1995
53A-1a-104, as last amended by Chapter 59, Laws of Utah 2000
53A-1a-107, as last amended by Chapters 105 and 109, Laws of Utah 1996
53A-1a-403, as last amended by Chapter 224, Laws of Utah 2000
53A-3-402.9, as enacted by Chapter 254, Laws of Utah 1997
53A-3-402.10, as enacted by Chapter 338, Laws of Utah 1999
53A-6-102, as repealed and reenacted by Chapter 108, Laws of Utah 1999
53A-6-104, as last amended by Chapter 331, Laws of Utah 2000
53A-8-104, as last amended by Chapter 324, Laws of Utah 1999
53A-9-103, as enacted by Chapter 2, Laws of Utah 1988
53A-10-101, as enacted by Chapter 2, Laws of Utah 1988
53A-10-108, as last amended by Chapter 78, Laws of Utah 1990

53A-10-111, as last amended by Chapter 78, Laws of Utah 1990
53B-10-101, as last amended by Chapter 48, Laws of Utah 1991
53B-10-102, as enacted by Chapter 167, Laws of Utah 1987
53B-10-103, as enacted by Chapter 167, Laws of Utah 1987
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-1-501 is amended to read:
53A-1-501. Membership -- Duties -- Advisory decisions -- Annual report.
(1) (a) There is established within the state's educational system a joint liaison committee.
(b) The committee consists of the following:
(i) three State Board of Education members appointed by the board;
(ii) three State Board of Regents members appointed by the regents;
(iii) four members representing business and industry appointed by the governor from
nomination lists submitted by the president of the Senate and the speaker of the House of
Representatives;
(iv) the state superintendent of public instruction; and
(v) the state commissioner of higher education.
(c) A majority of the committee is a quorum for the transaction of business.
(d) (i) The four members representing business and industry shall serve without
compensation.
(ii) The governor shall appoint each of these four members to serve two-year terms and may
reappoint them to serve consecutive terms consistent with Subsection (1)(b)(iii).
(e) (i) The committee shall appoint a staff person to assist the committee and establish the
person's duties and compensation.
(ii) The staff person shall be officed at the State Office of Education and the costs associated
with this position handled within the existing budgets of the State Board of Education and the State
Board of Regents on an equal basis.
(2) The committee shall meet on a regular basis, at least bimonthly, and has the following
duties:

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(a) to review and recommend the resolution of educational policy issues of mutual concern
to both boards, including such issues as the coordination of teacher education programs, concurrent
enrollment, advanced placement, the transition of students from high school to postsecondary
institutions, a tracking system that would allow the sharing of performance levels achieved by
graduates from both systems, the funding of public and higher education, and the transition of
students from school to work;
(b) to coordinate and facilitate the appropriate governance and administration of applied
technology education programs within the state's educational system;
(c) to assist in the effective correlation and articulation of educational programs under the
jurisdiction of the boards;
(d) to promote the implementation of policies, strategies, and practices designed to achieve
enhanced educational effectiveness and productivity at all levels of instruction, consistent with
Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b) and the maintenance of educational quality;
and
(e) to review any proposed change in one system that impacts the other and develop a
process for communicating the proposed change to the other system for its input prior to
implementing the change.
(3) (a) Decisions of the committee are advisory and are not binding on either the State Board
of Education or the State Board of Regents unless the decisions are ratified by both boards.
(b) Any proposal for a change in governance or administrative procedures for state or
regional applied technology education programs that affects both public and higher education shall
be considered and approved by the committee prior to being considered for ratification by either
board.
(4) Nothing in this part impairs or limits the authority of either board to take action within
the scope of its jurisdiction as established by the constitution or other statutory provisions.
(5) (a) The committee shall make an annual report on its activities to the Education Interim
Committee and the [Task Force on] Strategic Planning for Public and Higher Education Committee
prior to each General Session of the Legislature.

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(b) The report shall include a detailed accounting on issues related to:
(i) the committee's applied technology education duties under this part and recommendations
received from the advisory committee and any ad hoc task force established under Section
53A-1-502 as well as the committee's response to applied technology action plans proposed by the
[Task Force on] Strategic Planning for Public and Higher Education Committee; and
(ii) the committee's review of and recommendations on teacher recruitment, preservice,
licensure, induction, professional development, and [inservice] evaluation issues.
(6) The joint liaison committee may establish ad hoc task forces to assist it in carrying out
its duties under this section.
Section 2. Section 53A-1-702 is amended to read:
53A-1-702. Appropriations -- Allocations -- Contributions from school districts, the
business community, and technology vendors.
(1) (a) The Legislature shall provide annual appropriations to help fund the technology
programs authorized in this part.
(b) The appropriations are nonlapsing.
(2) The appropriations are allocated as follows:
(a) the State Board of Education shall receive the amount appropriated under Section
53A-17a-131.1 for allocation to the state's school districts and distribute it in two parts:
(i) the board shall distribute the first part, 25% of the appropriation received under
Subsection (2)(a), equally among the state's school districts; and
(ii) the board shall distribute the second part, 75% of the appropriation, based on the ratio
of a district's average daily membership to the state total average daily membership;
(b) the State Board of Regents shall receive the amount appropriated to the state colleges of
education as a line item in the general appropriations act and distribute it based on each state
college's student teacher training enrollment FTE's as compared to the total student teacher training
enrollment FTE's for all state colleges of education.
(3) (a) Neither the State Board of Education nor the State Board of Regents may establish
rules that restrict school districts or colleges of education in their purchases of educational

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technology under this part or use any of the money appropriated for this part for administrative or
overhead costs.
(b) The monies shall flow through the respective state boards directly to the school districts
and colleges, subject to any qualifications established under this part.
(c) These monies are to supplement and not supplant other state appropriations to school
districts and the colleges of education.
(4) (a) School districts may spend as much of the monies received under Subsection (2) as
they consider necessary and appropriate for [inservice training for] professional development
purposes required to implement and maintain the technology programs authorized under this part and
consistent with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b) .
(b) Subsection (4)(a) does not restrict school districts from spending or using additional
resources obtained under Subsections (5), (6), and (7) for [inservice training] professional
development purposes.
(5) School districts and colleges shall match state appropriations for the technology
programs on a one to three basis, that is one dollar in local resources for every three state dollars,
either through local funding efforts or through in-kind services, which may include providing an
infrastructure, planning services, training services, maintenance, or the use of technical assistance
specialists.
(6) (a) School districts, individual public schools, and public institutions of higher education
shall solicit contributions from and enter into partnerships with private business to obtain additional
resources for the technology programs authorized under this part.
(b) The Technology Initiative Project Office established under this part within the State
Office of Education shall solicit contributions for district technology programs from federal sources.
(c) The additional resources obtained under this section shall remain with the respective
district, school, or institution as part of its technology program.
(d) Contributions made at the state level by private business or federal sources shall flow to
selected districts, schools, or colleges of education based on specific technology projects as approved
and selected by the Technology Initiative Project Office.

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(7) Vendors who participate in the technology program shall make contributions to the
program in terms of vendor discounts, [inservice training] professional development opportunities,
and continuing support services under standards established by the Technology Initiative Project
Office.
(8) As used in this part, "school district" includes the School for the Deaf and the School for
the Blind.
Section 3. Section 53A-1-704 is amended to read:
53A-1-704. Duties and responsibilities of the project office.
(1) The Technology Initiative Project Office shall:
(a) review, approve, and update school district and college of education plans and reports
related to the technology programs authorized and funded under this part, incorporating broad,
objective, functional requirements and guidelines within the approval process;
(b) review and provide criteria on an ongoing basis for technology products to be used in the
programs, which criteria shall give consideration to at least any one or all of the following:
(i) technology that emphasizes instruction;
(ii) technology discounts, which may include installation and maintenance of a technology
product;
(iii) a sound [inservice] professional development component for educators consistent with
Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b);
(iv) upgrading of options in the original technology, at the same discount rate as given in the
original purchase or lower for at least five years after the purchase of the original technology;
(v) technology of proven worth;
(vi) available technology evaluations;
(vii) submission of technology for evaluation by a committee of instructional software users;
(viii) cost effectiveness of the technology being offered;
(ix) identification of discontinued technology;
(x) compatibility of the technology with other technology products, using industry-wide
standards; and

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(xi) identification of the closest multiple sites and contact persons where the technology is
being used and can be observed;
(c) coordinate raising of funds from federal and private sources to supplement the
appropriation authorized under this part for technology programs in the public schools and colleges
of education;
(d) verify that an appropriate evaluation of each plan is included in the plan itself; and
(e) establish a technical review committee in the project office, consisting of volunteers who
have educational technology expertise and are not affiliated with any vendors participating in the
technology programs.
(2) (a) The State Board of Education in consultation with the joint liaison committee
established under Section 53A-1-501 shall appoint a director for the project office.
(b) The director serves at the pleasure of the state board.
(c) The director shall coordinate all educational technology initiative activities with the Utah
Education Network steering committee pursuant to Section 53B-17-104 .
Section 4. Section 53A-1-705 is amended to read:
53A-1-705. Educational technology plans -- Components -- Review and approval --
Reports.
(1) (a) Each school district shall prepare and submit a plan to the project office for review
and approval of the district's proposed use of its technology allocation.
(b) The approval is of the plan and not of specific products or technology.
(c) Each district shall review and update its plan on an annual basis.
(2) The plan shall include the following components:
(a) the technology purchases to be made and proposed installation, maintenance, and
replacement costs;
(b) specific, focused educational goals and measurable academic objectives to be
accomplished in the district with the program, giving consideration to the respective size and needs
of both student and teacher populations;
(c) valid instructional strategies, including [inservice training] professional development

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opportunities for teachers consistent with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b);
(d) procedures to optimize the cooperation of all levels of education in the program,
particularly in the planning process, including principals and teachers;
(e) methods to evaluate the program; and
(f) details of how the new technology will integrate with existing technology in the district.
(3) (a) Each college of education shall prepare and submit a plan to the project office for
review and approval of the proposed use of its appropriation.
(b) The plan shall focus on training teachers and prospective teachers to use the technology
which school districts may acquire under this part consistent with Subsections 53A-1a-104 (7) and
53A-6-102 (2)(a) and (b).
(c) Each college shall review and update its plan on an annual basis.
(4) A school district or college of education may not spend any of the monies appropriated
under this part until the plans for its technology program have been reviewed and approved by the
project office on an annual basis.
(5) (a) Each school district and college of education shall prepare and submit a yearly report
to the project office on the actual use of its allocation under this part.
(b) The reports shall include information on how the technology is being used to reach the
performance goals established under Subsections (2)(b) and (4) and the progress on attaining the
goals.
(c) The district or college of education shall submit the report by December 31 of each year
and send a copy of the report to the governor and the Legislature.
(d) (i) The project office shall annually review and approve the plans submitted by school
districts and colleges of education under this section.
(ii) The project office shall review each component of the plans as required under this
section and recommend approval or revision.
(e) The project office shall make regular reports to the Education Interim Committee of the
Legislature on the status of the programs authorized under this part.
Section 5. Section 53A-1a-104 is amended to read:

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53A-1a-104. Characteristics of public education system.
The Legislature shall assist in maintaining a public education system that has the following
characteristics:
(1) assumes that all students have the ability to learn and that each student departing the
system will be prepared to achieve success in productive employment, further education, or both;
(2) provides a personalized education plan or personalized education occupation plan for
each student, which involves the student, the student's parent or guardian, and school personnel in
establishing the plan;
(3) provides students with the knowledge and skills to take responsibility for their decisions
and to make appropriate choices;
(4) provides opportunities for students to exhibit the capacity to learn, think, reason, and
work effectively, individually and in groups;
(5) offers a world-class curriculum that enables students to successfully compete in a global
society, and to succeed as citizens of a constitutional republic;
(6) incorporates an information retrieval system that provides students, parents, and
educators with reliable, useful, and timely data on the progress of each student;
(7) attracts, prepares, inducts, and retains excellent teachers for every classroom in large part
through collaborative efforts among the State Board of Education, the State Board of Regents, and
school districts, provides effective ongoing professional development opportunities for teachers to
improve their teaching skills, and provides recognition, rewards, and compensation for their
excellence;
(8) empowers each school district and public school to create its own vision and plan to
achieve results consistent with the objectives outlined in this chapter;
(9) uses technology to improve teaching and learning processes and for the delivery of
educational services;
(10) promotes ongoing research and development projects at the district and the school level
that are directed at improving or enhancing public education;
(11) offers a public school choice program, which gives students and their parents options

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to best meet the student's personalized education needs; and
(12) emphasizes the involvement of educators, parents, business partnerships, and the
community at large in the educational process by allowing them to be involved in establishing and
implementing educational goals and participating in decision-making at the school site.
Section 6. Section 53A-1a-107 is amended to read:
53A-1a-107. State Board of Education assistance to districts and schools.
(1) In order to assist school districts and individual schools in acquiring and maintaining the
characteristics set forth in Section 53A-1a-104 , the State Board of Education shall:
(a) provide the framework for an education system, including core competencies and their
assessment, in which school districts and public schools permit students to advance by demonstrating
competency in subject matter and mastery of skills;
(b) assist school districts in establishing policies for the effective implementation of student
education plans and student education/occupation plans required under Subsection
53A-1a-106 (2)(b);
(c) develop and disseminate a state model curriculum, structured to incorporate the concepts
of quality versus quantity, depth versus breadth, subject integration and application, applied thinking
skills, character development, and a global prospective, which districts and schools may use to assist
teachers in helping students acquire the competencies and skills required to advance through the
public education system, and periodically review and, if appropriate, revise the curriculum;
(d) conduct a statewide public awareness program on competency-based educational
systems;
(e) compile and publish, for the state as a whole, a set of educational performance indicators
describing trends in student performance;
(f) promote a public education climate of high expectations and academic excellence;
(g) disseminate successful site-based decision-making models to districts and schools and
provide [inservice] teacher professional development opportunities and evaluation programs for
site-based plans consistent with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b);
(h) provide a mechanism for widespread dissemination of information about strategic

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planning for public education, including involvement of business and industry in the education
process, in order to ensure the understanding and support of all the individuals and groups concerned
with the mission of public education as outlined in Section 53A-1a-103 ;
(i) provide for a research and development clearing house at the state level to receive and
share with school districts and public schools information on effective and innovative practices and
programs in education;
(j) help school districts develop and implement guidelines, strategies, and [inservice]
professional development programs for administrators and teachers consistent with Subsections
53A-1a-104 (7) and 53A-6-102 (2)(a) and (b) focused on improving interaction with parents and
promoting greater parental involvement in the public schools; and
(k) in concert with the State Board of Regents and the state's colleges of education review
and revise teacher [certification] licensing requirements to be consistent with teacher preparation for
participation in personalized education programs within the public schools.
(2) (a) The board shall make an annual report to the Legislature on its activities under this
section.
(b) The reporting process shall involve participation from school districts and schools in
helping to evaluate how well the board has assisted the schools and school districts.
Section 7. Section 53A-1a-403 is amended to read:
53A-1a-403. Selection of schools -- Funding -- Incentive awards.
(1) The State Board of Education and local school boards, in collaboration with the
governor's office, shall develop and implement application procedures and a process for the selection
of up to 60 schools each year over a three-year period for participation in the Schools for the 21st
Century Program authorized under this part.
(2) Selected schools shall participate in the program and be eligible for funding for three
consecutive years.
(3) (a) The Legislature shall provide an annual appropriation to fund the program.
(b) The board, through the State Office of Education, shall administer and distribute the
appropriation in the following manner:

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(i) each school selected as a first-year participant shall receive a base amount of either
$5,000 or $10,000 depending on the size of the school;
(ii) each first-year school shall also receive an additional per student allocation of up to $27,
based upon the number of students as of October 1 in the program as related to the amount of
appropriation available for distribution after the base amount has been calculated for all the schools
participating on a first-year basis under Subsection (3)(b)(i);
(iii) each school in its second year shall receive $9 per student and be eligible to receive an
incentive award based upon its achievement of second-year goals; and
(iv) each school in its third year shall be eligible to receive major incentive awards based
upon achievement of third-year goals.
(c) (i) The board shall determine the amount of incentive award money given to schools
under Subsections (3)(b)(iii) and (iv) on the basis of goal attainment and student enrollment, with
a minimum threshold of 50% attainment of goals for second-year schools and a minimum threshold
of 60% attainment for third-year schools in order to receive a portion of the award money.
(ii) It is estimated that the incentive award money generated for successful second-year
schools would be up to $500 per licensed professional staff member at each participating school and
increase to up to $2,000 per licensed professional staff member for each successful third-year school.
(d) (i) First-year schools shall use their allocations for program development,
implementation, and evaluation, technical assistance, and teacher professional development,
consistent with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b), including the establishment
of performance goals and identification of a system of measurement and evaluation.
(ii) (A) Second-year schools shall use their per student allocations for continuing program
operation, modification, and evaluation.
(B) If participating schools meet the threshold established in Subsection (3)(c)(i), based upon
documentation of the school's progress provided to the board by the school, the appropriate share
of incentive award money shall be distributed each year at the school level as determined by the
school directors.
(C) The distribution may include giving award shares to the school as a whole or to

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individual programs at the school or to professional staff members or any combination of these
options.
(iii) Third-year schools shall receive all appropriate incentive moneys under the program
based on year-end evaluation of goal attainment and shall distribute it on the same basis as
second-year schools distribute incentive award money under Subsections (3)(d)(ii)(B) and (C).
Section 8. Section 53A-3-402.9 is amended to read:
53A-3-402.9. Assessment of emerging and early reading skills -- Resources provided
by school districts.
(1) The Legislature recognizes that well-developed reading skills help:
(a) children to succeed in school, develop self esteem, and build positive relationships with
others;
(b) young adults to become independent learners; and
(c) adults to become and remain productive members of a rapidly changing technology-based
society.
(2) (a) Therefore, as part of a kindergarten student's first student education plan, the student's
parent or guardian, the student, and kindergarten personnel at the student's school shall participate
in an assessment of the student's reading and numeric skills.
(b) The assessment shall take place no later than during the first two weeks of the school
year.
(c) The State Office of Education, in cooperation with the state's school districts, shall
develop the assessment instrument and any additional materials needed to implement and
supplement the assessment program.
(3) The kindergarten student's teacher shall use the assessment in planning and developing
an instructional program to meet the student's identified needs.
(4) Based on the assessment under Subsection (2), the school shall provide the student's
parent or guardian with appropriate resource materials to assist them at home in the student's literacy
development.
(5) The State Office of Education shall collect, review, and provide to school districts the

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assessment data generated under Subsection (2) in order to:
(a) provide information to develop a personalized instructional program based on student
needs;
(b) improve teacher [inservice] professional development and preservice programs and
strategies that are consistent with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b) and
related to teaching reading and numeric skills; and
(c) evaluate the effectiveness of reading readiness for students entering the first grade.
(6) In conjunction with the assessment program established under this section, school
districts shall annually evaluate the need to use part of their Title 1 funds for preschool literacy
programs.
Section 9. Section 53A-3-402.10 is amended to read:
53A-3-402.10. Reading Skills Development Center -- Purpose.
(1) The Legislature recognizes the critical importance of identifying, assessing, and assisting
students with reading difficulties at an early age in order for them to have successful and productive
school and life experiences.
(2) In order to help accomplish this, there is established a Reading Skills Development
Center, hereafter referred to as the "center," at the University of Utah to:
(a) assist school districts in detecting reading difficulties in students in the early grades; and
(b) provide instructional intervention to enable the students to overcome their reading
difficulties.
(3) (a) The center shall assist school districts by providing expertise in the assessment of
reading difficulties and designing effective instructional interventions to overcome those difficulties.
(b) The assessment and intervention programs shall focus primarily on grades one through
three in order to correct any detected difficulties by the end of the third grade, but assessment and
instructional intervention services shall be available to public education students of all ages.
(c) School districts may use the assessment and intervention programs on site at the center,
at the student's school, or by using interactive technology.
(4) (a) [The] Consistent with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b), the

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center shall provide school districts with a professional development program for reading
endorsements that can be added to active elementary certificates.
(b) Each school district may allow its teachers to participate in the program through:
(i) programs taught on-site at local schools;
(ii) distance education with videotaped classes and on-site facilitators; and
(iii) interactive delivery by computers and video.
(c) Each school district may use this professional teacher development program in an effort
to place at least one reading specialist in each of its elementary schools.
(5) The center shall provide school district administrators, school administrators, and school
teachers with the most current research-based knowledge about reading and reading instruction
through nationally and internationally recognized reading researchers and instructional specialists.
Section 10. Section 53A-6-102 is amended to read:
53A-6-102. Legislative findings on teacher quality -- Declaration of education as a
profession -- Annual report.
(1) (a) The Legislature acknowledges that education is perhaps the most important function
of state and local governments, recognizing that the future success of our state and nation depend
in large part upon the existence of a responsible and educated citizenry.
(b) The Legislature further acknowledges that the primary responsibility for the education
of children within the state resides with their parents or guardians and that the role of state and local
governments is to support and assist parents in fulfilling that responsibility.
(2) (a) The Legislature finds that:
(i) quality teaching is the basic building block of successful schools and, outside of home
and family circumstances, the essential component of student achievement;
(ii) the high quality of teachers is absolutely essential to enhance student achievement and
to assure educational excellence in each classroom in the state's public schools; and
(iii) the implementation of a comprehensive continuum of data-driven strategies regarding
recruitment, preservice, licensure, induction, professional development, and evaluation is essential
if the state and its citizens expect every classroom to be staffed by a skilled, caring, and effective

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teacher.
(b) In providing for the safe and effective performance of the function of educating Utah's
children, the Legislature further finds it to be of critical importance that education, including
instruction, administrative, and supervisory services, be recognized as a profession, and that those
who are licensed or seek to become licensed and to serve as educators:
[(a)] (i) meet high standards both as to qualifications and fitness for service as educators
through quality recruitment and preservice programs before assuming their responsibilities in the
schools;
[(b)] (ii) maintain those standards in the performance of their duties while holding licenses,
in large part through participating in induction and ongoing professional development programs
focused on instructional improvement; [and]
(iii) receive fair, systematic evaluations of their performance at school for the purpose of
enhancing the quality of public education and student achievement; and
[(c)] (iv) have access to a process for fair examination and review of allegations made
against them and for the administration of appropriate sanctions against those found, in accordance
with due process, to have failed to conduct themselves in a manner commensurate with their
authority and responsibility to provide appropriate professional services to the children of the state.
(3) The State Board of Education and the State Board of Regents shall make an annual report
to the Legislature through the Education Interim Committee on the status of teacher quality in the
state based on the continuum referred to in Subsection (2)(a)(iii), to include adequate and reliable
data on the state's supply of and demand for teachers.
Section 11. Section 53A-6-104 is amended to read:
53A-6-104. Board licensure.
(1) (a) The board may issue licenses for educators.
(b) (i) A person employed in a position that requires licensure by the board shall hold the
appropriate license.
(ii) The board shall issue a letter of authorization permitting a person to be employed as a
classroom teacher if requested by a local school board which has determined that:

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(A) the person has outstanding professional qualifications or extensive job experience in the
public or private sector in such areas as mathematics, science, business, information technology, and
applied technology; and
(B) employment of the person would permit the school district to better meet the educational
goals of students.
(2) (a) The board may by rule rank, endorse, or otherwise classify licenses and establish the
criteria for obtaining and retaining licenses.
(b) [The] Consistent with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b), the
board shall make rules requiring participation in professional development activities in order for
educators to retain their licenses.
(3) Unless suspended or revoked by the board, or surrendered by the educator, a license is
valid for the following period:
(a) a letter of authorization is valid for one year, or a shorter period as specified by the board,
subject to renewal by the board for a total of not more than four years of full-time equivalent
employment;
(b) a level 1 license is valid for three years, subject to renewal by the board for a total of not
more than six years;
(c) a level 2 license is valid for five years, subject to renewal by the board; and
(d) a level 3 license is valid for seven years, subject to renewal by the board.
Section 12. Section 53A-8-104 is amended to read:
53A-8-104. Dismissal procedures.
(1) The district shall provide employees with a written statement of causes under which a
career employee's contract may not be renewed or continued beyond the then-current school year,
under which a contract of each class of personnel may not be renewed or continued beyond the
then-current school year, and under which a contract can be otherwise terminated during the contract
term, and the orderly dismissal procedures which are used by the district in cases of contract
termination, discontinuance, or nonrenewal.
(2) (a) If the district intends to terminate a contract during its term or discontinue a career

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employee's contract beyond the then current school year for reasons of unsatisfactory performance,
the unsatisfactory performance must be documented in at least two evaluations conducted at any time
within the preceding three years in accordance with district policies or practices.
(b) The district shall notify a career employee, at least 30 days prior to issuing notice of
intent not to renew or continue the employee's contract beyond the then-current school year, that
continued employment is in question and the reasons for the anticipated nonrenewal or
discontinuance.
(c) The board shall give the career employee an opportunity to correct the problem in
accordance with the district evaluation policies.
(d) The board may grant the career employee assistance to correct the deficiencies, including
informal conferences and the services of school personnel within the district consistent with
Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b).
(3) (a) If the career employee does not correct the problem as determined in accordance with
the evaluation and personnel policies of the district and the district intends to not renew or
discontinue the contract of employment of a career employee at the end of the then-current school
year, it shall give notice of that intention to the employee.
(b) The district shall issue the notice at least 30 days before the end of the career employee's
contract term.
(4) A district shall notify a provisional employee at least 60 days before the end of the
provisional employee's contract if the employee will not be offered a contract for a subsequent term
of employment.
(5) In the absence of a notice, an employee is considered employed for the next contract term
with a salary based upon the salary schedule applicable to the class of employee into which the
individual falls.
(6) If the district intends to not renew or discontinue the contract of a career employee or to
terminate a career or provisional employee's contract during the contract term:
(a) the district shall give written notice of the intent to the employee;
(b) the notice shall be served by personal delivery or by certified mail addressed to the

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individual's last-known address as shown on the records of the district;
(c) except as provided under Subsection (3)(b), the district shall give notice at least 15 days
prior to the proposed date of termination;
(d) the notice shall state the date of termination and the detailed reasons for termination; and
(e) the notice shall advise the individual that he has a right to a fair hearing; and
(f) the notice shall state that failure of the employee to request a hearing in accordance with
procedures set forth in the notice constitutes a waiver of that right and that the district may then
proceed with termination without further notice.
(7) The procedure under which a contract is terminated during its term may include a
provision under which the active service of the employee is suspended pending a hearing if it appears
that the continued employment of the individual may be harmful to students or to the district.
(8) (a) Suspension pending a hearing may be without pay if an authorized representative of
the district determines, after providing the employee with an opportunity for an informal conference
to discuss the allegations, that it is more likely than not that the allegations against the employee are
true and will result in termination.
(b) If termination is not subsequently ordered, the employee shall receive back pay for the
period of suspension without pay.
(9) The procedure shall provide for a written notice of suspension or final termination
including findings of fact upon which the action is based if the suspension or termination is for
cause.
Section 13. Section 53A-9-103 is amended to read:
53A-9-103. Authorized components.
Career ladders may include the following components:
(1) (a) [A career ladder may have an] An extended contract year for teachers, providing for
additional paid nonteaching days beyond the regular school year for curriculum development[,
inservice training, preparation, and related] and other professional development activities.
(b) School boards may approve individual exceptions to the extended year contract.
(2) [It may have, at] At the option of the local school board, an extended contract year for

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teachers, providing for additional paid workdays beyond the regular school year for teaching
assignments in summer school, remedial, handicapped, specialized, [vocational] applied technology,
gifted and talented, and adult education programs.
(3) [It may have a] A fair and consistent procedure:
(a) for selecting teachers who will be given additional responsibilities[. The selection
procedure shall incorporate]; and
(b) which incorporates clearly stated job descriptions and qualifications for each level on the
career ladder.
(4) [It may have a] A program of differentiated staffing that provides additional
compensation and, as appropriate, additional extensions of the contract year, for those who assume
additional instruction-related responsibilities such as:
(a) assisting students and mentoring beginning teachers;
(b) curriculum and lesson plan development;
(c) helping established teachers improve their teaching skills;
(d) volunteer training;
(e) planning, facilities and productivity improvements; and
(f) educational assignments directed at establishing positive relationships with the
community, businesses, and parents.
Administrative and extracurricular activities are not considered additional instruction-related
activities under this Subsection (4).
(5) (a) [It may have a] A well defined program of evaluation and [guidance] mentoring for
beginning teachers, consistent with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b),
designed to assist those teachers during provisional years of teaching to acquire and demonstrate the
skills required of capable, successful teachers.
(b) Continuation in teaching from year to year shall be contingent upon satisfactory teaching
performance.
(6) [It may have a] A clear and concise explanation of the evaluation system components,
including the respective roles of parents, teachers, administrators, and the school board in the

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development of the evaluation system[. The system shall provide] and provisions for frequent,
comprehensive evaluations of teachers with less than three years' teaching experience[,] and periodic
evaluations of other teachers consistent with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and
(b).
(7) (a) [Advancement] A program of advancement on the career ladder [program is]
contingent upon effective teaching performance, evidence of which may include formal evaluation
and assessment of student progress.
(b) Student progress shall play a significant role in teacher evaluation.
(c) Other criteria may include formal preparation and successful teaching experience.
(8) [It may include an] An assessment of implementation costs.
(9) [It may have a] A plan for periodic review of the career ladder, including the makeup of
the reviewing entity, procedures to be followed during review, and the time schedule for the review.
Section 14. Section 53A-10-101 is amended to read:
53A-10-101. Legislative findings.
(1) The Legislature recognizes that the quality of public education can be improved and
enhanced by providing for systematic, fair, and competent evaluation of public educators and
remediation of those whose performance is inadequate. [The]
(2) In accordance with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b), the desired
purposes of evaluation are to allow the educator and the school district to promote the professional
growth of the teacher, to identify and encourage [teacher behaviors] teaching strategies which
contribute to student progress, to identify teachers according to their abilities, and to improve the
education system.
Section 15. Section 53A-10-108 is amended to read:
53A-10-108. Mentor for provisional educator.
(1) [The] In accordance with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b), the
principal or immediate supervisor of a provisional educator shall assign a [consulting educator]
mentor to the provisional educator.
(2) [If] Where possible, the [consulting educator] mentor shall be a career educator who

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performs substantially the same duties as the provisional educator and has at least three years of
educational experience.
(3) The [consulting educator] mentor shall assist the provisional educator to become
[informed about] effective and competent in the teaching profession and school system, but may not
serve as an evaluator of the provisional [teacher] educator.
Section 16. Section 53A-10-111 is amended to read:
53A-10-111. Additional compensation for services.
The district may compensate a person employed as a [consulting educator] mentor under
Section 53A-10-108 or participant in the evaluation for those services, in addition to the person's
regular salary, if additional time is required in the evaluation process.
Section 17. Section 53B-10-101 is amended to read:
53B-10-101. Terrill H. Bell Teaching Incentive Loans program -- Eligible students --
Cancellation of incentive loans -- Repayment by recipient who fails to meet requirements --
Duration of incentive loans.
(1) (a) A [Utah Career Teaching Scholarship] Terrill H. Bell Teaching Incentive Loans
program is established to recruit and train superior candidates for teaching in Utah's public school
system as a component of the teacher quality continuum referred to in Subsections 53A-1a-104 (7)
and 53A-6-102 (2)(a).
(b) Under the program, [scholarships] the incentive loans may be used in any of Utah's
state-operated institutions of higher education or at a private institution of higher education in Utah
that offers a state-approved teacher education program.
(2) (a) [Scholarships are awarded] The State Board of Education or the State Board of
Regents shall award the incentive loans to students who declare an intent to complete the prescribed
course of instruction required for a teaching [certificate] license and to teach in the public schools
of this state.
(b) The [scholarship] incentive loan may be canceled at any time by the institution of
attendance if:
(i) the student fails to make reasonable progress towards completion of [certification]

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licensing requirements; or
(ii) it appears to be a reasonable certainty that the student does not intend to teach in Utah.
(b) The State Board of Regents [and the State Board of Education] may grant leaves of
absence to [scholarship] incentive loan holders.
(3) The State Board of Regents [and State Board of Education] may require [a scholarship]
an incentive loan recipient who fails to complete the requirements for [certification] licensing
without good cause to repay all tuition and fees provided by the [scholarship] loan, together with
appropriate interest.
(4) (a) The State Board of [Education] Regents may require [a scholarship] an incentive loan
recipient who does not [teach] work in the state's public school system or a private school within the
state within two years after graduation to repay all tuition and fees provided by the [scholarship]
loan, together with appropriate interest, unless waived for good cause.
(b) (i) A recipient who does not teach for a term equal to the number of years of the
[scholarship] incentive loan within a reasonable period of time after graduation shall repay a
graduated portion of the tuition and fees based upon the uncompleted term.
(ii) One year of teaching is credit for one year's tuition and fees.
(c) All repayments made under this Subsection (4) are for use in the [Utah Career Teaching
Scholarship] Terrill H. Bell Teaching Incentive Loans program.
(5) (a) Each [scholarship] incentive loan is valid for up to four years of full-time equivalent
enrollment, or until requirements for [certification] licensing or advanced licensing have been met[,
whichever is shorter].
(b) (i) [Scholarships] Incentive loans apply to both tuition and fees in amounts and are
subject to conditions approved by the State Board of Regents [and State Board of Education], based
upon criteria developed to insure that all recipients of [scholarships] the loans will pursue [a
teaching] an education career in Utah's public [school] education system or a private school within
the state.
(ii) [A scholarship] An incentive loan for tuition and fees at a private institution may not
exceed the average scholarship amounts granted for tuition and fees at public institutions of higher

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education within the state.
(c) [Scholarships are] Incentive loans shall be awarded in accordance with prioritized critical
areas of need for teaching expertise within the [state] state's public [school] education system as
determined by the State Board of Education.
Section 18. Section 53B-10-102 is amended to read:
53B-10-102. Number of incentive loans -- Criteria for awarding -- Additional awards.
(1) (a) A total of 365 [Utah Career Teaching Scholarships are] Terrill H. Bell Teaching
Incentive Loans shall be maintained each year in accordance with criteria and procedures established
by the State Board of Education and State Board of Regents.
(b) The number of incentive loans to be awarded shall be reviewed annually based on the
need to prepare individuals to teach as determined by the supply of and demand for teachers in the
state's public education system.
(2) These [scholarships are] incentive loans shall be awarded in the following categories
[and numbers]:
(a) [up to 200 scholarships] incentive loans for persons who were originally awarded their
[scholarships] loans as high school juniors and seniors selected through statewide competition; and
(b) [up to 165 scholarships] incentive loans for persons who have successfully completed
not less than the equivalent of [three quarters] two semesters of formal higher education study.
[(2)] (3) (a) Additional awards may be given each year to a limited number of scholarship
holders to include the following:
[(a)] (i) 20 state-funded premier scholarships, which provide an additional $3,000 per year
for winners of a widely publicized statewide competition[. State funds support 20 premier
scholarships each year], but the number may be increased through private donations; and
[(b)] (ii) 100 supplementary stipends paying [$500] $750 per [quarter] semester, available
each year for students granted scholarships under Subsection (1)(b) who declare an intent to [certify]
be licensed in areas of critical teacher shortage as determined by the State Board of Education.
(b) Subsection (1)(b) applies to the awards made under Subsection (3)(a).
Section 19. Section 53B-10-103 is amended to read:

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53B-10-103. Incentive loan appropriation -- Administration of incentive loan fund.
(1) The Legislature shall annually appropriate to the [Utah Career Teaching Scholarship
Fund] Terrill H. Bell Teaching Incentive Loans Fund, as a budget line item for the State Board of
Regents, sufficient funds to support the scholarships established in Section 53B-10-102 .
(2) The [Utah Career Teaching Scholarship Fund is administered by the State Board of
Regents] State Board of Regents shall administer the Terrill H. Bell Teaching Incentive Loans Fund
in accordance with criteria, policies, and procedures established by the board and the State Board
of Education.

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