S.B. 185 Enrolled

PUBLIC EDUCATION AMENDMENTS
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Thomas V. Hatch

LONG TITLE
General Description:
This bill modifies the State System of Public Education Code and the Election Code
relating to the governance of the public education system and the implementation of
competency-based education.
Highlighted Provisions:
This bill:
. modifies the membership and terms of the nominating and recruiting committee that
selects candidates for membership on the State Board of Education;
. provides definitions;
. requires the State Board of Education to assist school districts and charter schools
to develop and implement:
. competency-based education; and
. the use of gain scores;
. modifies educator licensing provisions;
. requires the State Board of Education to develop and use monetary and
nonmonetary incentives, tools, and rewards;
. requires documentation verifying the qualifications of a person before a
competency-based license to teach may be issued; and
. delays the implementation of new curriculum and graduation requirements.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None

Utah Code Sections Affected:
AMENDS:
20A-14-104, as last amended by Chapter 315, Laws of Utah 2003
53A-1-409, as enacted by Chapter 315, Laws of Utah 2003
53A-6-103, as last amended by Chapter 315, Laws of Utah 2003
53A-6-104.5, as enacted by Chapter 315, Laws of Utah 2003
53A-6-105, as repealed and reenacted by Chapter 108, Laws of Utah 1999
53A-13-108, as enacted by Chapter 315, Laws of Utah 2003

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-14-104 is amended to read:
20A-14-104. Becoming a candidate for membership on the State Board of
Education -- Nominating and recruiting committee -- Membership -- Procedure -- Duties.
(1) (a) Persons interested in becoming a candidate for the State Board of Education shall
file a declaration of candidacy according to the procedures and requirements of Sections
20A-9-201 and 20A-9-202 .
(b) By May 1 of the year in which a State Board of Education member's term expires, the
lieutenant governor shall submit the name of each person who has filed a declaration of candidacy
for the State Board of Education to the nominating and recruiting committee for the State Board
of Education.
(2) [(a)] By November 1 of [2003 and every four years thereafter] the year preceding
each regular general election year, a nominating and recruiting committee consisting of [11] 12
members, each to serve a [four-year] two-year term, shall be appointed by the governor as
follows:
[(i) one member appointed by the governing board of the Utah Farm Bureau;]
[(ii) one member appointed by the governing board of the Utah Manufacturer's
Association;]
[(iii) one member appointed by the governing board of the Utah Taxpayers Association;]

- 2 -

[(iv) one member appointed by the governing board of the Utah State Chamber of
Commerce;]
[(v) one member jointly appointed by the governing boards of the Utah Food Industry
Association and Utah Retail Merchants Association;]
[(vi) one member appointed by the governing board of the American Federation of
Teachers/Utah;]
[(vii) one member appointed by the governing board of the Utah Education Association;]
[(viii) one member appointed by the governing board of the Utah Parent Teacher
Association;]
[(ix) one member appointed by the governing board of the Utah School Boards
Association;]
[(x) one member appointed by the governing board of the Utah School Superintendents
Association; and]
[(xi) one at large member appointed by the governor.]
(a) one member shall be appointed to represent each of the following business and
industry sectors:
(i) manufacturing and mining;
(ii) transportation and public utilities;
(iii) service, trade, and information technology;
(iv) finance, insurance, and real estate;
(v) construction; and
(vi) agriculture; and
(b) one member shall be appointed to represent each of the following education sectors:
(i) teachers;
(ii) school administrators;
(iii) parents;
(iv) local school board members;
(v) charter schools; and

- 3 -

(vi) higher education.
(3) (a) The members appointed under Subsections (2)(a)(i) through (vi) and (2)(b)(i)
through (vi) shall be appointed from lists containing at least two names submitted by
organizations representing each of the respective sectors.
(b) At least one member of the nominating and recruiting committee shall reside within
each state board district in which a member's term expires during the committee's two-year term
of office.
[(b)] (4) (a) The members shall elect one member to serve as chair for the committee.
[(3) (a)] (b) The chair, or another member of the committee designated by the chair, shall
schedule and convene all committee meetings.
[(b)] (c) Any formal action by the committee requires the approval of a majority of
committee members.
[(c)] (d) Members of the nominating and recruiting committee shall serve without
compensation, but they may be reimbursed for expenses incurred in the performance of their
official duties as established by the Division of Finance.
[(4)] (5) The nominating and recruiting committee shall:
(a) recruit potential candidates for membership on the State Board of Education prior to
the deadline to file a declaration of candidacy;
(b) prepare a list of candidates for membership on the State Board of Education for each
state board district subject to election in that year using the qualifications under Subsection [(5)]
(6);
(c) submit a list of at least three candidates for each state board position to the governor
by July 1; and
(d) ensure that the list includes appropriate background information on each candidate.
[(5)] (6) The nominating committee shall select a broad variety of candidates who possess
outstanding professional qualifications relating to the powers and duties of the State Board of
Education, including experience in the following areas:
(a) business and industry administration;

- 4 -

(b) business and industry human resource management;
(c) business and industry finance;
(d) business and industry, including expertise in:
(i) metrics and evaluation;
(ii) manufacturing;
(iii) retailing;
(iv) natural resources;
(v) information technology;
(vi) construction;
(vii) banking;
(viii) science and engineering; and
(ix) medical and healthcare;
(e) higher education administration;
(f) applied technology education;
(g) public education administration;
(h) public education instruction;
(i) economic development;
(j) labor; and
(k) other life experiences that would benefit the State Board of Education.
Section 2. Section 53A-1-409 is amended to read:
53A-1-409. Competency-based education -- Recommendations -- Coordination.
(1) As used in this section:
(a) "Competency" means a demonstrable acquisition of a specified knowledge, skill, or
ability that has been organized into a hierarchical arrangement leading to higher levels of
knowledge, skill, or ability.
(b) "Competency-based education" means an education approach that requires students to
acquire a competency and includes a classroom structure and operation that aid and facilitate the
acquisition of specified competencies on an individual basis wherein students are allowed to

- 5 -

master and demonstrate competencies as fast as they are able.
(c) "Gain score" means the measured difference of a student's score at the beginning and
end of a time period that may be aggregated at the class, grade, school, and school district levels.
(2) The State Board of Education shall:
[(1)] (a) provide expertise to and consult with local school boards and school districts
relating to competency-based education and progress-based assessments;
[(2)] (b) make recommendations to the Public Education Appropriations Subcommittee,
including the amount and allocation of public education monies, based upon both new public
education monies and the reallocation of monies required to develop and implement:
[(a)] (i) competency-based education and progress-based assessments;
[(b)] (ii) a weighted competency unit that distributes public education monies based on
student achievement resulting from competency-based program objectives, strategies, and
standards;
[(c)] (iii) a plan to assist students, teachers, schools, and districts that need remediation
based upon Subsections (2)[(a)](b)(i) and [(b)] (ii);
[(d)] (iv) the reallocation of teaching resources from noncore electives into grades 1-3,
7-12 math, and 7-12 English; and
[(e)] (v) a teacher development program focused on achieving progress in core
academics[.], including instruction in explicit, systematic, and intensive phonics for teachers in
grades kindergarten through 3;
(c) assist school districts and charter schools to develop and implement:
(i) competency-based education; and
(ii) the use of gain scores; and
(d) develop and use monetary and nonmonetary incentives, tools, and rewards to
encourage school districts and charter schools to accomplish the items described under
Subsections (2)(a) through (c).
Section 3. Section 53A-6-103 is amended to read:
53A-6-103. Definitions.

- 6 -

As used in this chapter:
(1) "Accredited institution" means an institution meeting the requirements of Section
53A-6-107 .
(2) (a) "Alternative preparation program" means preparation for licensure in accordance
with applicable law and rule through other than an approved preparation program.
(b) "Alternative preparation program" includes the competency-based licensing program
described in Section 53A-6-104.5 .
(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 -

(7) "Core academic subjects" means English, reading or language arts, mathematics,
science, foreign languages, civics and government, economics, arts, history, and geography.
(8) "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.
(9) (a) "Endorsement" means a stipulation appended to a license setting forth the areas of
practice to which the license applies.
(b) An endorsement shall be issued upon completion of a competency-based teacher
preparation program from a regionally accredited university that meets state content standards.
(10) "License" means an authorization issued by the board which permits the holder to
serve in a professional capacity in the public schools. The five levels of licensure are:
(a) "letter of authorization," which is:
(i) a temporary license issued to a person who has not completed requirements for a
competency-based, or level 1, 2, or 3 license, such as:
(A) a student teacher; or
(B) a person participating in an alternative preparation program; or
(ii) a license issued, pursuant to board rules, to a person who has achieved eminence, or
has outstanding qualifications, in a field taught in public schools;
(b) "competency-based license" which is issued to a teacher based on the teacher's
demonstrated teaching skills and abilities;
(c) "level 1 license," which is a license issued upon completion of:
(i) a competency-based teacher preparation program from a regionally accredited
university; or
(ii) an approved preparation program or an alternative preparation program, or pursuant

- 8 -

to an agreement under the NASDTEC Interstate Contract, to candidates who have also met all
ancillary requirements established by law or rule;
(d) "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
(e) "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.
(11) "NASDTEC" means the National Association of State Directors of Teacher
Education and Certification.
(12) "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.
(13) "National Board certification" means a current certificate issued by the National
Board for Professional Teaching Standards.
(14) "Necessarily existent small school" means a school classified as a necessarily existent
small school in accordance with Section 53A-17a-109 .
(15) "Office" means the Utah State Office of Education.
(16) "Rule" means an administrative rule adopted by the board under Title 63, Chapter
46a, Utah Administrative Rulemaking Act.
(17) "School" means a public or private entity which provides educational services to a
minor child.
(18) "Small school district" means a school district with an enrollment of less than 5,000
students.
(19) "UPPAC" means the Utah Professional Practices Advisory Commission.
Section 4. Section 53A-6-104.5 is amended to read:
53A-6-104.5. Licensing by competency.
(1) A competency-based license to teach may be issued based on the demonstrated

- 9 -

competence of a teacher as provided in this section.
(2) A local school board or charter school may request, and the State Board of Education
shall grant, upon receipt of documentation from the local school board or charter school verifying
the person's qualifications as specified in this section, a competency-based license to a person who
meets the qualifications specified in this section and Section 53A-6-401 .
(3) A local school board or charter school may request a competency-based license if the
candidate meets the following qualifications:
(a) a license candidate who teaches one or more core academic subjects in an elementary
school shall:
(i) hold at least a bachelor's degree; and
(ii) have demonstrated, by passing a rigorous state test, subject knowledge and teaching
skills in reading, writing, mathematics, and other areas of the basic elementary school curriculum;
(b) a license candidate who teaches one or more core academic subjects in a middle or
secondary school shall:
(i) hold at least a bachelor's degree; and
(ii) have demonstrated a high level of competency in each of the academic subjects in
which the teacher teaches by:
(A) passing a rigorous state academic subject test in each of the academic subjects in
which the teacher teaches; or
(B) successful completion, in each of the academic subjects in which the teacher teaches,
of an academic major, a graduate degree, course work equivalent to an undergraduate academic
major, or advanced certification or credentialing; or
(c) a license candidate who teaches subjects other than a core academic subject in an
elementary, middle, or high school shall:
(i) hold a bachelor's degree, associate's degree, or skill certification; and
(ii) have skills, talents, or abilities, as evaluated by the employing entity, that make the
person suited for the teaching position.
(4) A school district or charter school:

- 10 -

(a) shall monitor and assess the performance of each teacher holding a competency-based
license; and
(b) may recommend that the competency-based license holder's training and assessment
be reviewed by the Utah State Office of Education for a level 1 license.
Section 5. Section 53A-6-105 is amended to read:
53A-6-105. Licensing fees -- Credit to subfund -- Payment of expenses.
(1) The board shall levy a fee for each new, renewed, or reinstated license or endorsement
in accordance with Section 63-38-3.2 .
(2) Fee payments are credited to the Professional Practices Restricted Subfund in the
Uniform School Fund.
(3) The board shall pay the expenses of issuing licenses and of UPPAC operations, and
the costs of collecting license fees from the restricted subfund.
(4) The office shall submit an annual report to the Legislature's Public Education
Appropriations Subcommittee informing the Legislature about the fund, fees assessed and
collected, and expenditures from the fund.
Section 6. Section 53A-13-108 is amended to read:
53A-13-108. Curriculum and graduation requirements.
(1) The State Board of Education shall establish rigorous curriculum and graduation
requirements under Section 53A-1-402 , and consistent with state and federal regulations, for
grades 9 through 12 that, beginning no later than with the graduating class of [2007] 2008 shall:
(a) use competency-based standards and assessments;
(b) include instruction that stresses general financial literacy from basic budgeting to
financial investments, including bankruptcy education; and
(c) increase graduation requirements in language arts, mathematics, and science to exceed
the existing credit requirements of 3.0 units in language arts, 2.0 units in mathematics, and 2.0
units in science.
(2) The State Board of Education shall also establish competency-based standards and
assessments for elective courses.

- 11 -

- 12 -