H.B. 243

1

AMENDMENTS TO EDUCATION
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Wayne A. Harper
5 This act modifies the State System of Public Education Code by requiring secondary
6 school and certain school district administrators to teach at least one course each term or
7 semester. This act establishes criteria for retaining an educator license.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 53A-6-104, as last amended by Chapter 41, Laws of Utah 2002
11 ENACTS:
12 53A-2-401, Utah Code Annotated 1953
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 53A-2-401 is enacted to read:
15 Part 4. Administrators
16 53A-2-401. Administrators -- Teaching requirement.
17 A principal, assistant principal, associate principal, or vice principal at a secondary
18 school and an assistant superintendent or area administrator of a school district shall teach at
19 least one course each term or semester.
20 Section 2. Section 53A-6-104 is amended to read:
21 53A-6-104. Board licensure.
22 (1) (a) The board may issue licenses for educators.
23 (b) (i) A person employed in a position that requires licensure by the board shall hold
24 the appropriate license.
25 (ii) The board shall issue a letter of authorization permitting a person to be employed
26 as a classroom teacher if requested by a local school board which has determined that:
27 (A) the person has outstanding professional qualifications or extensive job experience

28 in the public or private sector in such areas as mathematics, science, business, information
29 technology, and applied technology; and
30 (B) employment of the person would permit the school district to better meet the
31 educational goals of students.
32 (2) (a) The board may by rule rank, endorse, or otherwise classify licenses and
33 establish the criteria for obtaining and retaining licenses.
34 (b)(i) The board shall make rules requiring participation in professional development
35 activities or compliance with a school district professional development program as provided in
36 Subsection (4) in order for educators to retain their licenses.
37 (ii) An educator who is enrolling in a course of study at an institution within the state
38 system of higher education to satisfy the professional development requirements of Subsection
39 (2)(b)(i) is exempt from tuition, except for a semester registration fee established by the State
40 Board of Regents, if:
41 (A) the educator is enrolled on the basis of surplus space in the class after regularly
42 enrolled students have been assigned and admitted to the class in accordance with regular
43 procedures, normal teaching loads, and the institution's approved budget; and
44 (B) enrollments are determined by each institution under rules and guidelines
45 established by the State Board of Regents in accordance with findings of fact that space is
46 available for the educator's enrollment.
47 (3) [Unless] Except as provided in Subsection (4), unless suspended or revoked by the
48 board, or surrendered by the educator:
49 (a) a letter of authorization is valid for one year, or a shorter period as specified by the
50 board, subject to renewal by the board in accordance with board rules for a total of not more
51 than four years of full-time equivalent employment;
52 (b) a level 1 license is valid for three years, subject to renewal by the board in
53 accordance with board rules;
54 (c) a level 2 license is valid for five years, subject to renewal by the board in
55 accordance with board rules; and
56 (d) a level 3 license is valid for seven years, subject to renewal by the board in
57 accordance with board rules.
58 (4) Unless suspended or revoked by the board, or surrendered by the educator, a level 1,

59 level 2, or level 3 license shall remain valid if:
60 (a) the license holder is employed by a school district that has a comprehensive
61 program to maintain and improve educators' skills in which performance standards, educator
62 evaluation, and professional development are integrated; and
63 (b) the license holder complies with school or school district professional development
64 requirements.




Legislative Review Note
as of 2-3-03 1:17 PM

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

Office of Legislative Research and General Counsel