1     
EDUCATOR LICENSING MODIFICATIONS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Norman K Thurston

5     
Senate Sponsor: Peter C. Knudson

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to educational personnel preparation programs.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions relating to educational personnel preparation programs; and
13          ▸     makes technical changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          53A-6-103, as last amended by Laws of Utah 2008, Chapter 382
21          53A-6-104, as last amended by Laws of Utah 2003, Chapter 315
22     REPEALS AND REENACTS:
23          53A-6-107, as repealed and reenacted by Laws of Utah 1999, Chapter 108
24     REPEALS:
25          53A-6-108, as repealed and reenacted by Laws of Utah 1999, Chapter 108
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 53A-6-103 is amended to read:
29          53A-6-103. Definitions.
30          As used in this chapter:
31          [(1) "Accredited institution" means an institution meeting the requirements of Section
32     53A-6-107.]
33          [(2)] (1) (a) "Alternative preparation program" means preparation for licensure in
34     accordance with applicable law and rule through other than an [approved] eligible preparation
35     program.
36          (b) "Alternative preparation program" includes the competency-based licensing
37     program described in Section 53A-6-104.5.
38          [(3) "Ancillary requirement" means a requirement established by law or rule in addition
39     to completion of an approved preparation program or alternative education program or
40     establishment of eligibility under the NASDTEC Interstate Contract, and may include any of
41     the following:]
42          [(a) minimum grade point average;]
43          [(b) standardized testing or assessment;]
44          [(c) mentoring;]
45          [(d) recency of professional preparation or experience;]
46          [(e) graduation from an accredited institution; or]
47          [(f) evidence relating to moral, ethical, physical, or mental fitness.]
48          [(4) "Approved preparation program" means a program for preparation of educational
49     personnel offered through an accredited institution in Utah or in a state which is a party to a
50     contract with Utah under the NASDTEC Interstate Contract and which, at the time the program
51     was completed by the applicant:]
52          [(a) was approved by the governmental agency responsible for licensure of educators in
53     the state in which the program was provided;]
54          [(b) satisfied requirements for licensure in the state in which the program was
55     provided;]
56          [(c) required completion of a baccalaureate; and]
57          [(d) included a supervised field experience.]
58          [(5)] (2) "Board" means the Utah State Board of Education.
59          [(6)] (3) "Certificate" means a license issued by a governmental jurisdiction outside the
60     state.
61          [(7)] (4) "Core academic subjects" means English, reading or language arts,
62     mathematics, science, foreign languages, civics and government, economics, arts, history, and
63     geography.
64          [(8)] (5) "Educator" means:
65          (a) a person who holds a license;
66          (b) a teacher, counselor, administrator, librarian, or other person required, under rules
67     of the board, to hold a license; or
68          (c) a person who is the subject of an allegation which has been received by the board or
69     UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a
70     position requiring licensure.
71          (6) "Eligible preparation program" means a program for preparation of educational
72     personnel that meets the requirements of Section 53A-6-107.
73          [(9)] (7) (a) "Endorsement" means a stipulation appended to a license setting forth the
74     areas of practice to which the license applies.
75          (b) An endorsement shall be issued upon completion of a competency-based teacher
76     preparation program from a regionally accredited university that meets state content standards.
77          [(10)] (8) "License" means an authorization issued by the board which permits the
78     holder to serve in a professional capacity in the public schools. The five levels of licensure are:
79          (a) "letter of authorization," which is:
80          (i) a temporary license issued to a person who has not completed requirements for a
81     competency-based, or level 1, 2, or 3 license, such as:
82          (A) a student teacher; or
83          (B) a person participating in an [alternative] eligible preparation program; or
84          (ii) a license issued, pursuant to board rules, to a person who has achieved eminence,
85     or has outstanding qualifications, in a field taught in public schools;
86          (b) "competency-based license" which is issued to a teacher based on the teacher's
87     demonstrated teaching skills and abilities;
88          (c) "level 1 license," which is a license issued upon completion of:
89          (i) a competency-based teacher preparation program from a regionally accredited
90     university; or
91          (ii) an [approved] eligible preparation program or an alternative preparation program,
92     or pursuant to an agreement under the NASDTEC Interstate Contract, to candidates who have
93     also met all [ancillary] additional requirements established by law or rule;
94          (d) "level 2 license," which is a license issued after satisfaction of all requirements for
95     a level 1 license as well as any additional requirements established by law or rule relating to
96     professional preparation or experience; and
97          (e) "level 3 license," which is a license issued to an educator who holds a current Utah
98     level 2 license and has also received, in the educator's field of practice, National Board
99     certification or a doctorate from [an accredited institution] a regionally accredited higher
100     education or postsecondary institution.
101          [(11)] (9) "NASDTEC" means the National Association of State Directors of Teacher
102     Education and Certification.
103          [(12)] (10) "NASDTEC Interstate Contract" means the contract implementing Title
104     53A, Chapter 6, Part 2, Compact for Interstate Qualification of Educational Personnel, which is
105     administered through NASDTEC.
106          [(13)] (11) "National Board certification" means a current certificate issued by the
107     National Board for Professional Teaching Standards.
108          [(14)] (12) "Necessarily existent small school" means a school classified as a
109     necessarily existent small school in accordance with Section 53A-17a-109.
110          [(15)] (13) "Office" means the Utah State Office of Education.
111          [(16)] (14) "Rule" means an administrative rule adopted by the board under Title 63G,
112     Chapter 3, Utah Administrative Rulemaking Act.
113          [(17)] (15) "School" means a public or private entity which provides educational
114     services to a minor child.
115          [(18)] (16) "Small school district" means a school district with an enrollment of less
116     than 5,000 students.
117          [(19)] (17) "UPPAC" means the Utah Professional Practices Advisory Commission.
118          Section 2. Section 53A-6-104 is amended to read:
119          53A-6-104. Board licensure.
120          (1) (a) The board may issue licenses for educators.
121          (b) A person employed in a position that requires licensure by the board shall hold the
122     appropriate license.
123          (2) (a) [The] In accordance with this part, the board may by rule rank, endorse, or
124     otherwise classify licenses and establish the criteria for obtaining and retaining licenses.
125          (b) A level 1 license applicant shall complete an eligible program to be eligible for a
126     level 1 license.
127          (c) The board may, for good cause, grant a level 1 license applicant an exception to
128     Subsection (2)(b).
129          [(b)] (d) (i) The board shall make rules requiring participation in professional
130     development activities or compliance with a school district professional development plan as
131     provided in Subsection (4) in order for educators to retain their licenses.
132          (ii) An educator who is enrolling in a course of study at an institution within the state
133     system of higher education to satisfy the professional development requirements of Subsection
134     (2)[(b)](d)(i) is exempt from tuition, except for a semester registration fee established by the
135     State Board of Regents, if:
136          (A) the educator is enrolled on the basis of surplus space in the class after regularly
137     enrolled students have been assigned and admitted to the class in accordance with regular
138     procedures, normal teaching loads, and the institution's approved budget; and
139          (B) enrollments are determined by each institution under rules and guidelines
140     established by the State Board of Regents in accordance with findings of fact that space is
141     available for the educator's enrollment.
142          (3) Except as provided in Subsection (4), unless suspended or revoked by the board, or
143     surrendered by the educator:
144          (a) a letter of authorization is valid for one year, or a shorter period as specified by the
145     board, subject to renewal by the board in accordance with board rules;
146          (b) a competency-based license remains valid;
147          (c) a level 1 license is valid for three years, subject to renewal by the board in
148     accordance with board rules;
149          (d) a level 2 license is valid for five years, subject to renewal by the board in
150     accordance with board rules; and
151          (e) a level 3 license is valid for seven years, subject to renewal by the board in
152     accordance with board rules.
153          (4) Unless suspended or revoked by the board, or surrendered by the educator, a level
154     1, level 2, level 3, or competency-based license shall remain valid if:
155          (a) the license holder is employed by a school district that has a comprehensive
156     program to maintain and improve educators' skills in which performance standards, educator
157     evaluation, and professional development are integrated; and
158          (b) the license holder complies with school or school district professional development
159     requirements.
160          Section 3. Section 53A-6-107 is repealed and reenacted to read:
161          53A-6-107. Eligible preparation programs and alternative preparation programs.
162          (1) An educational personnel preparation program is an eligible preparation program if
163     the program:
164          (a) is accredited by the Council for the Accreditation of Educator Preparation;
165          (b) is offered in:
166          (i) Utah; or
167          (ii) a state that is a party to a contract with Utah under the NASDTEC Interstate
168     Contract; and
169          (c) at the time an applicant completes the program:
170          (i) satisfied requirements for educational personnel licensure in the state where the
171     program is located;
172          (ii) required completion of a bachelor's degree; and
173          (iii) included a supervised field experience.
174          (2) (a) The board may not require that a higher education or postsecondary institution
175     become board approved or board accredited for the institution to offer an eligible preparation
176     program.
177          (b) The board may verify that a program meets the requirements described in
178     Subsection (1).
179          (3) The board shall make rules to establish standards for an alternative preparation
180     program that meet or exceed generally recognized national standards for preparation of
181     educators, such as those developed by:
182          (a) the Interstate New Teacher Assessment and Support Consortium;
183          (b) the National Board for Professional Teaching Standards; and
184          (c) the Council for the Accreditation of Educator Preparation.
185          Section 4. Repealer.
186          This bill repeals:
187          Section 53A-6-108, Prohibition on use of degrees or credit from unapproved
188     institutions.




Legislative Review Note
     as of 2-5-15 9:49 AM

Office of Legislative Research and General Counsel