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H.B. 253





Sponsor: Bradley T. Johnson

             5      This act modifies provisions related to the State System of Public Education by allowing the
             6      State Board of Education to award scholarships to teachers in necessarily existent small
             7      schools or small school districts to obtain endorsements or master's degrees. This act directs
             8      the State Board of Education to make rules to administer the scholarship program and
             9      provides an ongoing appropriation of $150,000 from the Uniform School Fund for fiscal year
             10      2002-03 to the State Board of Education for the scholarship program. This act takes effect
             11      on July 1, 2002.
             12      This act affects sections of Utah Code Annotated 1953 as follows:
             13      AMENDS:
             14          53A-6-103, as repealed and reenacted by Chapter 108, Laws of Utah 1999
             15      ENACTS:
             16          53A-6-701, Utah Code Annotated 1953
             17          53A-6-702, Utah Code Annotated 1953
             18      Be it enacted by the Legislature of the state of Utah:
             19          Section 1. Section 53A-6-103 is amended to read:
             20           53A-6-103. Definitions.
             21          As used in this chapter:
             22          (1) "Accredited institution" means an institution meeting the requirements of Section
             23      53A-6-107 .
             24          (2) "Alternative preparation program" means preparation for licensure in accordance with
             25      applicable law and rule through other than an approved preparation program.
             26          (3) "Ancillary requirement" means a requirement established by law or rule in addition to
             27      completion of an approved preparation program or alternative education program or establishment

             28      of eligibility under the NASDTEC Interstate Contract, and may include any of the following:
             29          (a) minimum grade point average;
             30          (b) standardized testing or assessment;
             31          (c) mentoring;
             32          (d) recency of professional preparation or experience;
             33          (e) graduation from an accredited institution; or
             34          (f) evidence relating to moral, ethical, physical, or mental fitness.
             35          (4) "Approved preparation program" means a program for preparation of educational
             36      personnel offered through an accredited institution in Utah or in a state which is a party to a
             37      contract with Utah under the NASDTEC Interstate Contract and which, at the time the program
             38      was completed by the applicant:
             39          (a) was approved by the governmental agency responsible for licensure of educators in the
             40      state in which the program was provided;
             41          (b) satisfied requirements for licensure in the state in which the program was provided;
             42          (c) required completion of a baccalaureate; and
             43          (d) included a supervised field experience.
             44          (5) "Board" means the Utah State Board of Education.
             45          (6) "Certificate" means a license issued by a governmental jurisdiction outside the state.
             46          (7) "Educator" means:
             47          (a) a person who holds a license;
             48          (b) a teacher, counselor, administrator, librarian, or other person required, under rules of
             49      the board, to hold a license; or
             50          (c) a person who is the subject of an allegation which has been received by the board or
             51      UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a
             52      position requiring licensure.
             53          (8) "Endorsement" means a stipulation appended to a license setting forth the areas of
             54      practice to which the license applies.
             55          (9) "License" means an authorization issued by the board which permits the holder to serve
             56      in a professional capacity in the public schools. The four levels of licensure are:
             57          (a) "Letter of authorization," which is a temporary license issued to a person who has not
             58      completed requirements for a level 1, 2, or 3 license, such as a student teacher or a person hired

             59      to perform professional services on an emergency basis when fully qualified personnel are not
             60      available;
             61          (b) "Level 1 license," which is a license issued upon completion of an approved
             62      preparation program or an alternative preparation program, or pursuant to an agreement under the
             63      NASDTEC Interstate Contract, to candidates who have also met all ancillary requirements
             64      established by law or rule;
             65          (c) "Level 2 license," which is a license issued after satisfaction of all requirements for a
             66      Level 1 license as well as any additional requirements established by law or rule relating to
             67      professional preparation or experience; and
             68          (d) "Level 3 license," which is a license issued to an educator who holds a current Utah
             69      Level 2 license and has also received, in the educator's field of practice, National Board
             70      certification or a doctorate from an accredited institution.
             71          (10) "NASDTEC" means the National Association of State Directors of Teacher Education
             72      and Certification.
             73          (11) "NASDTEC Interstate Contract" means the contract implementing Title 53A, Chapter
             74      6, Part 2, Compact for Interstate Qualification of Educational Personnel, which is administered
             75      through NASDTEC.
             76          (12) "National Board certification" means a current certificate issued by the National
             77      Board for Professional Teaching Standards.
             78          (13) "Necessarily existent small school" means a school classified as a necessarily existent
             79      small school in accordance with Section 53A-17a-109 .
             80          [(13)] (14) "Office" means the Utah State Office of Education.
             81          [(14)] (15) "Rule" means an administrative rule adopted by the board under Title 63,
             82      Chapter 46a, Utah Administrative Rulemaking Act.
             83          [(15)] (16) "School" means a public or private entity which provides educational services
             84      to a minor child.
             85          (17) "Small school district" means a school district with an enrollment of less than 5,000
             86      students.
             87          [(16)] (18) "UPPAC" means the Utah Professional Practices Advisory Commission.
             88          Section 2. Section 53A-6-701 is enacted to read:
Part 7. Scholarships for Teachers in Necessarily Existent Small Schools

or Small School Districts

             91          53A-6-701. Scholarships for teachers to obtain endorsements or master's degrees --
             92      Conditions.
             93          (1) The State Board of Education may award scholarships to teachers in necessarily
             94      existent small schools or small school districts to pay for education expenses related to obtaining:
             95          (a) an endorsement; or
             96          (b) a master's degree h [ that qualifies the teacher to teach advanced placement or concurrent
             97      enrollment classes
] h
             98          (2) The maximum amount of a scholarship shall be $3,000.
             99          (3) (a) As a condition of each scholarship, the scholarship recipient h UPON OBTAINING AN
             99a      ENDORSEMENT OR MASTER'S DEGREE h shall be obligated to
             100      teach for two years in a necessarily existent small school or small school district, as provided in
             101      Subsection (3)(b) or (c).
             102          (b) A scholarship recipient h UPON h obtaining an endorsement shall be obligated to teach
             102a      for two
             103      years the subject for which the endorsement was obtained.
             104          (c) A scholarship recipient h UPON h obtaining a master's degree shall be obligated to teach
             104a      for two
             105      years h [ an advanced placement or concurrent enrollment class ] THE SUBJECT FOR WHICH THE
             105a      MASTER'S DEGREE WAS OBTAINED h .
             106          Section 3. Section 53A-6-702 is enacted to read:
             107          53A-6-702. Rules.
             108          (1) The State Board of Education shall make rules:
             109          (a) specifying procedures for applying for and awarding the scholarships described in
             110      Section 53A-6-701 ;
             111          (b) specifying criteria for selecting scholarship recipients;
             112          (c) requiring the repayment by a teacher of a prorated portion of a scholarship, if the
             113      teacher fails to comply with the conditions of the scholarship as provided in Section 53A-6-701 ;
             114      and
             115          (d) specifying education expenses that may be paid with scholarship monies.
             116          (2) The board rules shall provide that priority in awarding scholarships shall be given to
             117      applicants teaching in schools in critical need of a teacher with a particular endorsement or a
             118      master's degree as documented by the school principal or school district superintendent.
             119          Section 4. Appropriation.
             120          (1) Subject to future budget constraints, there is appropriated, as an ongoing appropriation,

             121      $150,000 for fiscal year 2002-03 from the Uniform School Fund to the State Board of Education
             122      for the scholarship program described in Title 53A, Chapter 6, Part 7, Scholarships for Teachers
             123      in Necessarily Existent Small Schools or Small School Districts.
             124          (2) Of the amount appropriated in Subsection (1):
             125          (a) $75,000 shall be used for scholarships for teachers to obtain endorsements; and
             126          (b) $75,000 shall be used for scholarships for teachers to obtain master's degrees.
             127          Section 5. Effective date.
             128          This act takes effect on July 1, 2002.

Legislative Review Note
    as of 1-16-02 8:47 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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