H.B. 253 Enrolled

RURAL SCHOOLS - EQUITY IN EDUCATION
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Bradley T. Johnson
DeMar Bud Bowman
James R. Gowans
Thomas V. Hatch
Brad KingBrent D. Parker
Darin G. Peterson
Jack A. Seitz
Gordon E. SnowMichael R. Styler
David Ure
Max W. Young This act modifies provisions related to the State System of Public Education by allowing the
State Board of Education to award scholarships to teachers in necessarily existent small
schools or small school districts to obtain endorsements or master's degrees. This act directs
the State Board of Education to make rules to administer the scholarship program and
provides an ongoing appropriation of $150,000 from the Uniform School Fund for fiscal year
2002-03 to the State Board of Education for the scholarship program. This act takes effect
on July 1, 2002.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53A-6-103, as repealed and reenacted by Chapter 108, Laws of Utah 1999
ENACTS:
53A-6-701, Utah Code Annotated 1953
53A-6-702, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-6-103 is amended to read:
53A-6-103. Definitions.
As used in this chapter:
(1) "Accredited institution" means an institution meeting the requirements of Section
53A-6-107 .
(2) "Alternative preparation program" means preparation for licensure in accordance with
applicable law and rule through other than an approved preparation program.
(3) "Ancillary requirement" means a requirement established by law or rule in addition to

completion of an approved preparation program or alternative education program or establishment
of eligibility under the NASDTEC Interstate Contract, and may include any of the following:
(a) minimum grade point average;
(b) standardized testing or assessment;
(c) mentoring;
(d) recency of professional preparation or experience;
(e) graduation from an accredited institution; or
(f) evidence relating to moral, ethical, physical, or mental fitness.
(4) "Approved preparation program" means a program for preparation of educational
personnel offered through an accredited institution in Utah or in a state which is a party to a contract
with Utah under the NASDTEC Interstate Contract and which, at the time the program was
completed by the applicant:
(a) was approved by the governmental agency responsible for licensure of educators in the
state in which the program was provided;
(b) satisfied requirements for licensure in the state in which the program was provided;
(c) required completion of a baccalaureate; and
(d) included a supervised field experience.
(5) "Board" means the Utah State Board of Education.
(6) "Certificate" means a license issued by a governmental jurisdiction outside the state.
(7) "Educator" means:
(a) a person who holds a license;
(b) a teacher, counselor, administrator, librarian, or other person required, under rules of the
board, to hold a license; or
(c) a person who is the subject of an allegation which has been received by the board or
UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a
position requiring licensure.
(8) "Endorsement" means a stipulation appended to a license setting forth the areas of
practice to which the license applies.

- 2 -

(9) "License" means an authorization issued by the board which permits the holder to serve
in a professional capacity in the public schools. The four levels of licensure are:
(a) "Letter of authorization," which is a temporary license issued to a person who has not
completed requirements for a level 1, 2, or 3 license, such as a student teacher or a person hired to
perform professional services on an emergency basis when fully qualified personnel are not
available;
(b) "Level 1 license," which is a license issued upon completion of an approved preparation
program or an alternative preparation program, or pursuant to an agreement under the NASDTEC
Interstate Contract, to candidates who have also met all ancillary requirements established by law
or rule;
(c) "Level 2 license," which is a license issued after satisfaction of all requirements for a
Level 1 license as well as any additional requirements established by law or rule relating to
professional preparation or experience; and
(d) "Level 3 license," which is a license issued to an educator who holds a current Utah
Level 2 license and has also received, in the educator's field of practice, National Board certification
or a doctorate from an accredited institution.
(10) "NASDTEC" means the National Association of State Directors of Teacher Education
and Certification.
(11) "NASDTEC Interstate Contract" means the contract implementing Title 53A, Chapter
6, Part 2, Compact for Interstate Qualification of Educational Personnel, which is administered
through NASDTEC.
(12) "National Board certification" means a current certificate issued by the National Board
for Professional Teaching Standards.
(13) "Necessarily existent small school" means a school classified as a necessarily existent
small school in accordance with Section 53A-17a-109 .
[(13)] (14) "Office" means the Utah State Office of Education.
[(14)] (15) "Rule" means an administrative rule adopted by the board under Title 63, Chapter
46a, Utah Administrative Rulemaking Act.

- 3 -

[(15)] (16) "School" means a public or private entity which provides educational services
to a minor child.
(17) "Small school district" means a school district with an enrollment of less than 5,000
students.
[(16)] (18) "UPPAC" means the Utah Professional Practices Advisory Commission.
Section 2. Section 53A-6-701 is enacted to read:
Part 7. Scholarships for Teachers in Necessarily Existent Small Schools
or Small School Districts
53A-6-701. Scholarships for teachers to obtain endorsements or master's degrees --
Conditions.
(1) The State Board of Education may award scholarships to teachers in necessarily existent
small schools or small school districts to pay for education expenses related to obtaining:
(a) an endorsement; or
(b) a master's degree.
(2) The maximum amount of a scholarship shall be $3,000.
(3) (a) As a condition of each scholarship, the scholarship recipient upon obtaining an
endorsement or master's degree shall be obligated to teach for two years in a necessarily existent
small school or small school district, as provided in Subsection (3)(b) or (c).
(b) A scholarship recipient upon obtaining an endorsement shall be obligated to teach for
two years the subject for which the endorsement was obtained.
(c) A scholarship recipient upon obtaining a master's degree shall be obligated to teach for
two years the subject for which the master's degree was obtained.
Section 3. Section 53A-6-702 is enacted to read:
53A-6-702. Rules.
(1) The State Board of Education shall make rules:
(a) specifying procedures for applying for and awarding the scholarships described in Section
53A-6-701 ;
(b) specifying criteria for selecting scholarship recipients;

- 4 -

(c) requiring the repayment by a teacher of a prorated portion of a scholarship, if the teacher
fails to comply with the conditions of the scholarship as provided in Section 53A-6-701 ; and
(d) specifying education expenses that may be paid with scholarship monies.
(2) The board rules shall provide that priority in awarding scholarships shall be given to
applicants teaching in schools in critical need of a teacher with a particular endorsement or a master's
degree as documented by the school principal or school district superintendent.
Section 4. Appropriation.
(1) Subject to future budget constraints, there is appropriated, as an ongoing appropriation,
$150,000 for fiscal year 2002-03 from the Uniform School Fund to the State Board of Education for
the scholarship program described in Title 53A, Chapter 6, Part 7, Scholarships for Teachers in
Necessarily Existent Small Schools or Small School Districts.
(2) Of the amount appropriated in Subsection (1):
(a) $75,000 shall be used for scholarships for teachers to obtain endorsements; and
(b) $75,000 shall be used for scholarships for teachers to obtain master's degrees.
Section 5. Effective date.
This act takes effect on July 1, 2002.

- 5 -