Senator Ann Millner proposes the following substitute bill:


1     
TEACHER PEDAGOGICAL ASSESSMENT

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ann Millner

5     
House Sponsor: Val L. Peterson

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions related to a teacher pedagogical assessment.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires the State Board of Education to:
14               •     establish a teacher pedagogical assessment that is performance based and
15     assesses an individual's pedagogical skills;
16               •     require an individual to pass a teacher pedagogical assessment to receive or
17     retain a certain license to teach;
18               •     administer a baseline-year program to implement the use of a teacher
19     pedagogical assessment; and
20               •     make rules related to a teacher pedagogical assessment; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a special effective date.
26     Utah Code Sections Affected:
27     AMENDS:
28          53A-6-103, as last amended by Laws of Utah 2016, Chapter 144
29          53A-6-104, as last amended by Laws of Utah 2003, Chapter 315
30     ENACTS:
31          53A-6-117, Utah Code Annotated 1953
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 53A-6-103 is amended to read:
35          53A-6-103. Definitions.
36          As used in this chapter:
37          (1) "Accredited institution" means an institution meeting the requirements of Section
38     53A-6-107.
39          (2) (a) "Alternative preparation program" means preparation for licensure in
40     accordance with applicable law and rule through other than an approved preparation program.
41          (b) "Alternative preparation program" includes the competency-based licensing
42     program described in Section 53A-6-104.5.
43          (3) "Ancillary requirement" means a requirement established by law or rule in addition
44     to completion of an approved preparation program or alternative education program or
45     establishment of eligibility under the NASDTEC Interstate Contract, and may include any of
46     the following:
47          (a) minimum grade point average;
48          (b) standardized testing or assessment;
49          (c) mentoring;
50          (d) recency of professional preparation or experience;
51          (e) graduation from an accredited institution; or
52          (f) evidence relating to moral, ethical, physical, or mental fitness.
53          (4) (a) "Approved preparation program" means a program for preparation of
54     educational personnel offered through an accredited institution in Utah or in a state [which]
55     that is a party to a contract with Utah under the NASDTEC Interstate Contract and [which]
56     that, at the time the program was completed by the applicant:
57          [(a)] (i) was approved by the governmental agency responsible for licensure of
58     educators in the state in which the program was provided;
59          [(b)] (ii) satisfied requirements for licensure in the state in which the program was
60     provided;
61          [(c)] (iii) required completion of a baccalaureate; and
62          [(d)] (iv) included a supervised field experience.
63          (b) "Approved preparation program" includes a competency-based teacher preparation
64     program from a regionally accredited university.
65          (5) "Board" means the State Board of Education.
66          (6) "Certificate" means a license issued by a governmental jurisdiction outside the
67     state.
68          (7) "Core academic subjects" means English, reading or language arts, mathematics,
69     science, foreign languages, civics and government, economics, arts, history, and geography.
70          (8) "Educator" means:
71          (a) [a person] an individual who holds a license;
72          (b) a teacher, counselor, administrator, librarian, or other [person] individual required,
73     under rules of the board, to hold a license; or
74          (c) [a person] an individual who is the subject of an allegation [which] that has been
75     received by the board or UPPAC and was, at the time noted in the allegation, a license holder
76     or [a person] an individual employed in a position requiring licensure.
77          (9) (a) "Endorsement" means a stipulation appended to a license setting forth the area
78     or areas of practice to which the license applies.
79          (b) An endorsement shall be issued upon completion of a competency-based teacher
80     preparation program from a regionally accredited university that meets state content standards.
81          (10) "License" means an authorization issued by the board [which] that permits the
82     holder to serve in a professional capacity in [the public schools.] a public school. The five
83     levels of licensure are:
84          (a) "letter of authorization," which is:
85          (i) a temporary license issued to [a person] an individual who has not completed
86     requirements for a competency-based[,] or level 1, 2, or 3 license, [such as] including:
87          (A) a student teacher; or
88          (B) [a person] an individual participating in an alternative preparation program; or
89          (ii) a license issued, pursuant to board rules, to [a person] an individual who has
90     achieved eminence, or has outstanding qualifications, in a field taught in public schools;
91          (b) "competency-based license," which is issued to a teacher based on the teacher's
92     demonstrated teaching skills and abilities;
93          (c) "level 1 license," which is a license issued upon completion of:
94          [(i) a competency-based teacher preparation program from a regionally accredited
95     university; or (ii) an approved preparation program or an alternative preparation program, or
96     pursuant to an agreement under the NASDTEC Interstate Contract, to candidates who have
97     also met all ancillary requirements established by law or rule;]
98          (i) (A) an approved preparation program;
99          (B) an alternative preparation program; or
100          (C) requirements pursuant to an agreement under the NASDTEC Interstate Contract;
101     and
102          (ii) all applicable ancillary requirements;
103          (d) "level 2 license," which is a license issued after satisfaction of all requirements for
104     a level 1 license as well as any additional requirements established by law or rule relating to
105     professional preparation or experience; and
106          (e) "level 3 license," which is a license issued to an educator who holds a current Utah
107     level 2 license and has [also] received, in the educator's field of practice, National Board
108     certification or a doctorate from an accredited institution.
109          (11) "NASDTEC" means the National Association of State Directors of Teacher
110     Education and Certification.
111          (12) "NASDTEC Interstate Contract" means the contract implementing Title 53A,
112     Chapter 6, Part 2, Compact for Interstate Qualification of Educational Personnel, which is
113     administered through NASDTEC.
114          (13) "National Board certification" means a current certificate issued by the National
115     Board for Professional Teaching Standards.
116          (14) "Necessarily existent small school" means a school classified as a necessarily
117     existent small school in accordance with Section 53A-17a-109.
118          (15) "Rule" means an administrative rule adopted by the board under Title 63G,
119     Chapter 3, Utah Administrative Rulemaking Act.
120          (16) "School" means a public or private entity [which] that provides educational
121     services to a minor child.
122          (17) "Small school district" means a school district with an enrollment of less than
123     5,000 students.
124          (18) "UPPAC" means the Utah Professional Practices Advisory Commission.
125          Section 2. Section 53A-6-104 is amended to read:
126          53A-6-104. Board licensure.
127          (1) (a) The board may issue licenses for educators.
128          (b) [A person] An individual employed in a position that requires licensure by the
129     board shall hold the appropriate license.
130          (2) (a) The board may by rule rank, endorse, or otherwise classify licenses and
131     establish the criteria for obtaining and retaining licenses.
132          (b) (i) The board shall make rules requiring participation in professional development
133     activities or compliance with a school district professional development plan as provided in
134     Subsection (4) in order for educators to retain their licenses.
135          (ii) An educator who is enrolling in a course of study at an institution within the state
136     system of higher education to satisfy the professional development requirements of Subsection
137     (2)(b)(i) is exempt from tuition, except for a semester registration fee established by the State
138     Board of Regents, if:
139          (A) the educator is enrolled on the basis of surplus space in the class after regularly
140     enrolled students have been assigned and admitted to the class in accordance with regular
141     procedures, normal teaching loads, and the institution's approved budget; and
142          (B) enrollments are determined by each institution under rules and guidelines
143     established by the State Board of Regents in accordance with findings of fact that space is
144     available for the educator's enrollment.
145          (3) Except as provided in Subsection (4), unless suspended or revoked by the board, or
146     surrendered by the educator:
147          (a) a letter of authorization is valid for one year, or a shorter period as specified by the
148     board, subject to renewal by the board in accordance with board rules;
149          (b) a competency-based license remains valid;
150          (c) except as provided in Section 53A-6-117, a level 1 license is valid for three years,
151     subject to renewal by the board in accordance with board rules;
152          (d) a level 2 license is valid for five years, subject to renewal by the board in
153     accordance with board rules; and
154          (e) a level 3 license is valid for seven years, subject to renewal by the board in
155     accordance with board rules.
156          (4) [Unless] Except as provided in Section 53A-6-117, unless suspended or revoked by
157     the board, or surrendered by the educator, a level 1, level 2, level 3, or competency-based
158     license shall remain valid if:
159          (a) the license holder is employed by a school district that has a comprehensive
160     program to maintain and improve educators' skills in which performance standards, educator
161     evaluation, and professional development are integrated; and
162          (b) the license holder complies with school or school district professional development
163     requirements.
164          Section 3. Section 53A-6-117 is enacted to read:
165          53A-6-117. Teacher pedagogical assessment.
166          (1) As used in this section, "pedagogical assessment" means the teacher pedagogical
167     assessment described in Subsection (2).
168          (2) (a) On or before September 30, 2017, and subject to Subsection (8), the board shall
169     establish a teacher pedagogical assessment that is performance based and assesses an
170     individual's pedagogical skills.
171          (b) The board shall ensure that the pedagogical assessment described in Subsection
172     (2)(a) evaluates:
173          (i) competence in effective teaching standards as determined by the board; and
174          (ii) performance of tasks that demonstrate skills including:
175          (A) designing and implementing instruction to promote student learning;
176          (B) effectively interacting with students; and
177          (C) using student assessments to measure student learning and inform classroom
178     instruction.
179          (3) Beginning on September 30, 2019, and except as provided in Subsection (5), the
180     board shall require an individual to pass the pedagogical assessment in accordance with
181     Subsection (4).
182          (4) (a) Except as provided in Subsection (4)(b), the board shall require an individual to
183     pass the pedagogical assessment:
184          (i) to receive a level 1 license to teach, if the individual prepares for teacher licensure
185     through an approved preparation program; or
186          (ii) to retain, for a third year, a level 1 license to teach, if the individual prepares for
187     teacher licensure in a way other than through an approved preparation program and receives the
188     license on or after September 30, 2018.
189          (b) In place of the requirements described in Subsection (4)(a), the board may require
190     an individual to pass the pedagogical assessment to receive an appropriate license to teach, as
191     determined by the board in board rules described in this Subsection (4)(b), if the board:
192          (i) completes a process to simplify educator licensure requirements;
193          (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
194     makes rules that, as a result of the process described in Subsection (4)(b)(i), modify educator
195     licensure requirements; and
196          (iii) establishes in the rules described in Subsection (4)(b)(ii) a requirement for an
197     individual to pass the pedagogical assessment to receive an appropriate license to teach as
198     determined by the board.
199          (5) In lieu of the pedagogical assessment required under Subsection (3), the board may
200     accept an assessment completed in a state other than Utah that:
201          (a) an individual applying for a license to teach passes;
202          (b) satisfies requirements for licensure in the state in which the assessment was
203     provided; and
204          (c) satisfies the requirements of the pedagogical assessment as determined by the
205     board.
206          (6) During the 2018-2019 school year, the board shall administer a baseline-year
207     program that:
208          (a) implements the use of the pedagogical assessment;
209          (b) includes participation from:
210          (i) individuals preparing for teacher licensure through an approved preparation
211     program; and
212          (ii) individuals preparing for teacher licensure in a way other than through an approved
213     preparation program; and
214          (c) does not require an individual to pass the pedagogical assessment to receive a
215     license.
216          (7) On or before September 30, 2019, in accordance with Title 63G, Chapter 3, Utah
217     Administrative Rulemaking Act, and subject to Subsection (8), the board shall make rules that
218     establish minimum standards for an individual to pass the pedagogical assessment.
219          (8) Before establishing a teacher pedagogical assessment described in Subsection (2) or
220     making rules described in Subsection (7), the board shall solicit and consider input from:
221          (a) the State Charter School Board created in Section 53A-1a-501.5;
222          (b) local school boards;
223          (c) charter school governing boards;
224          (d) school district and charter school employees, including teachers and administrators;
225     and
226          (e) representatives from the state system of higher education described in Section
227     53B-1-102.
228          Section 4. Effective date.
229          If approved by two-thirds of all the members elected to each house, this bill takes effect
230     upon approval by the governor, or the day following the constitutional time limit of Utah
231     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
232     the date of veto override.