First Substitute H.B. 189

Representative Matt Throckmorton proposes the following substitute bill:

1 RETENTION OF EDUCATOR LICENSES
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Matt Throckmorton
5 This act modifies provisions related to the State System of Public Education by establishing
6 criteria for retaining an educator license.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 53A-6-104, as last amended by Chapters 86 and 292, Laws of Utah 2001
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 53A-6-104 is amended to read:
12 53A-6-104. Board licensure.
13 (1) (a) The board may issue licenses for educators.
14 (b) (i) A person employed in a position that requires licensure by the board shall hold the
15 appropriate license.
16 (ii) The board shall issue a letter of authorization permitting a person to be employed as
17 a classroom teacher if requested by a local school board which has determined that:
18 (A) the person has outstanding professional qualifications or extensive job experience in
19 the public or private sector in such areas as mathematics, science, business, information
20 technology, and applied technology; 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) Consistent with Subsections 53A-1a-104 (7) and 53A-6-102 (2)(a) and (b), the board

26 shall make rules requiring participation in professional development activities or compliance with
27 a school district professional development program as provided in Subsection (4) in order for
28 educators to retain their licenses.
29 (ii) An educator who is enrolling in a course of study at an institution of higher education
30 within the state system to satisfy the professional development requirements of Subsection (2)(b)(i)
31 is exempt from tuition, except for a semester registration fee established by the State Board of
32 Regents, if:
33 (A) the educator is enrolled on the basis of surplus space in the class after regularly
34 enrolled students have been assigned and admitted to available classroom space in accordance with
35 regular procedures and normal teaching loads in that space within the institution's approved
36 budget; and
37 (B) enrollments are determined by each institution under rules and guidelines established
38 by the State Board of Regents in accordance with findings of fact that space is available for the
39 educator's enrollment.
40 (3) Unless suspended or revoked by the board, or surrendered by the educator, a license
41 is valid for the following period, except as provided in Subsection (4):
42 (a) a letter of authorization is valid for one year, or a shorter period as specified by the
43 board, subject to renewal by the board for a total of not more than four years of full-time
44 equivalent employment;
45 (b) a level 1 license is valid for three years, subject to renewal by the board for a total of
46 not more than six years;
47 (c) a level 2 license is valid for five years, subject to renewal by the board; and
48 (d) a level 3 license is valid for seven years, subject to renewal by the board.
49 (4) Unless suspended or revoked by the board, or surrendered by the educator, a level 1,
50 level 2, or level 3 license shall remain valid if:
51 (a) the license holder is employed by a school district that has a comprehensive program
52 to maintain and improve educators' skills in which performance standards, educator evaluation,
53 and professional development are integrated; and
54 (b) the license holder complies with school or school district professional development
55 requirements.