1     
EDUCATOR LICENSING REVISIONS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Val L. Peterson

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     Committee Note:
9          The Education Interim Committee recommended this bill.
10     General Description:
11          This bill modifies the public education code regarding educator licensing.
12     Highlighted Provisions:
13          This bill:
14          ▸     authorizes the State Board of Education to implement an educator licensing system;
15          ▸     repeals sections of code regarding educator licensing that are obsolete under the
16     new educator licensing system;
17          ▸     modifies provisions of existing code sections that are related to the previous
18     educator licensing system, including endorsements and letters of authorization;
19          ▸     repeals the requirement that a district superintendent hold a license;
20          ▸     modifies provisions related to youth suicide prevention training for employees;
21          ▸     repeals the Compact for Interstate Qualification of Educational Personnel; and
22          ▸     makes technical corrections and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:

28     AMENDS:
29          53A-1a-512, as last amended by Laws of Utah 2014, Chapter 363
30          53A-3-301, as last amended by Laws of Utah 2011, Chapters 209 and 322
31          53A-6-103, as last amended by Laws of Utah 2016, Chapter 144
32          53A-6-104, as last amended by Laws of Utah 2003, Chapter 315
33          53A-6-107, as last amended by Laws of Utah 2016, Chapter 239
34          53A-6-115, as enacted by Laws of Utah 2016, Chapter 328
35          53A-6-503, as last amended by Laws of Utah 2008, Chapter 382
36          53A-6-901, as last amended by Laws of Utah 2015, Chapter 1

37          53A-8a-102, as last amended by Laws of Utah 2017, Chapter 328
38          53A-8a-201, as renumbered and amended by Laws of Utah 2012, Chapter 425
39          53A-13-110, as last amended by Laws of Utah 2017, Chapter 333
40          53A-15-106, as enacted by Laws of Utah 2015, Chapter 431
41          53A-15-1304, as enacted by Laws of Utah 2017, Chapter 378
42          53A-15-1702, as last amended by Laws of Utah 2017, Chapter 444
43          53A-17a-153, as last amended by Laws of Utah 2017, Chapters 173 and 372
44          53A-17a-158, as enacted by Laws of Utah 2008, Chapter 397
45          63G-7-102, as last amended by Laws of Utah 2017, Chapter 300
46     REPEALS:
47          53A-6-104.1 (Superseded 07/01/18), as last amended by Laws of Utah 2015, Chapter
48     389
49          53A-6-104.1 (Effective 07/01/18), as last amended by Laws of Utah 2017, Chapter 472
50          53A-6-104.5, as last amended by Laws of Utah 2016, Chapter 144
51          53A-6-105 (Repealed 07/01/18), as last amended by Laws of Utah 2017, Chapter 372
52     and repealed by Laws of Utah 2017, Chapter 472
53          53A-6-110, as last amended by Laws of Utah 2016, Chapter 144
54          53A-6-111, as enacted by Laws of Utah 2004, Chapter 46
55          53A-6-113, as enacted by Laws of Utah 2014, Chapter 417
56          53A-6-116, as enacted by Laws of Utah 2016, Chapter 27
57          53A-6-201, as enacted by Laws of Utah 1988, Chapter 2

58          53A-6-202, as enacted by Laws of Utah 1988, Chapter 2
59          53A-6-203, as enacted by Laws of Utah 1988, Chapter 2
60          53A-6-204, as enacted by Laws of Utah 1988, Chapter 2
61          53A-6-205, as enacted by Laws of Utah 1988, Chapter 2
62          53A-6-206, as enacted by Laws of Utah 1988, Chapter 2
63          53A-6-207, as enacted by Laws of Utah 1988, Chapter 2
64          53A-6-208, as enacted by Laws of Utah 1988, Chapter 2
65          53A-6-209, as enacted by Laws of Utah 1988, Chapter 2
66          53A-6-210, as enacted by Laws of Utah 1988, Chapter 2
67          53A-6-211, as enacted by Laws of Utah 1988, Chapter 2
68          53A-25a-106, as last amended by Laws of Utah 2000, Chapter 224
69     

70     Be it enacted by the Legislature of the state of Utah:
71          Section 1. Section 53A-1a-512 is amended to read:
72          53A-1a-512. Employees of charter schools.
73          (1) A charter school shall select its own employees.
74          (2) The school's governing board shall determine the level of compensation and all
75     terms and conditions of employment, except as otherwise provided in Subsections (7) and (8)
76     and under this part.
77          (3) The following statutes governing public employees and officers do not apply to a
78     charter school:
79          (a) Chapter 8a, Public Education Human Resource Management Act; and
80          (b) Title 52, Chapter 3, Prohibiting Employment of Relatives.
81          (4) (a) To accommodate differentiated staffing and better meet student needs, a charter
82     school, under rules adopted by the State Board of Education, shall employ teachers who[:(i)]
83     are licensed[; or].
84          [(ii) on the basis of demonstrated competency, would qualify to teach under alternative
85     certification or authorization programs.]
86          (b) The school's governing board shall disclose the qualifications of its teachers to the
87     parents of its students.
88          (5) State Board of Education rules governing the licensing or certification of

89     administrative and supervisory personnel do not apply to charter schools.
90          (6) (a) An employee of a school district may request a leave of absence in order to
91     work in a charter school upon approval of the local school board.
92          (b) While on leave, the employee may retain seniority accrued in the school district and
93     may continue to be covered by the benefit program of the district if the charter school and the
94     locally elected school board mutually agree.
95          (7) (a) A proposed or authorized charter school may elect to participate as an employer
96     for retirement programs under:
97          (i) Title 49, Chapter 12, Public Employees' Contributory Retirement Act;
98          (ii) Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act; and
99          (iii) Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act.
100          (b) An election under this Subsection (7):
101          (i) shall be documented by a resolution adopted by the governing board of the charter
102     school; and
103          (ii) applies to the charter school as the employer and to all employees of the charter
104     school.
105          (c) The governing board of a charter school may offer employee benefit plans for its
106     employees:
107          (i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
108     or
109          (ii) under any other program.
110          (8) A charter school may not revoke an election to participate made under Subsection
111     (7).
112          (9) The governing board of a charter school shall ensure that, prior to the beginning of
113     each school year, each of its employees signs a document acknowledging that the employee:
114          (a) has received:
115          (i) the disclosure required under Section 63A-4-204.5 if the charter school participates
116     in the Risk Management Fund; or
117          (ii) written disclosure similar to the disclosure required under Section 63A-4-204.5 if
118     the charter school does not participate in the Risk Management Fund; and
119          (b) understands the legal liability protection provided to the employee and what is not

120     covered, as explained in the disclosure.
121          Section 2. Section 53A-3-301 is amended to read:
122          53A-3-301. Superintendent of schools -- Appointment -- Term -- Compensation.
123          (1) Subject to Subsection [(8)] (7), a local school board shall appoint a district
124     superintendent of schools who serves as the local school board's chief executive officer.
125          (2) A local school board shall appoint the superintendent on the basis of outstanding
126     professional qualifications.
127          (3) (a) A superintendent's term of office is for two years and until, subject to
128     Subsection [(8)] (7), a successor is appointed and qualified.
129          (b) A local school board that appoints a superintendent in accordance with this section
130     may not, on or after May 10, 2011, enter into an employment contract that contains an
131     automatic renewal provision with the superintendent.
132          (4) Unless a vacancy occurs during an interim vacancy period subject to Subsection
133     [(8)] (7), if it becomes necessary to appoint an interim superintendent due to a vacancy in the
134     office of superintendent, the local school board shall make an appointment during a public
135     meeting for an indefinite term not to exceed one year, which term shall end upon the
136     appointment and qualification of a new superintendent.
137          [(5) (a) The superintendent shall hold an administrative/supervisory license issued by
138     the State Board of Education, except as otherwise provided in Subsection (5)(b).]
139          [(b) At the request of a local school board, the State Board of Education shall grant a
140     letter of authorization permitting a person with outstanding professional qualifications to serve
141     as superintendent without holding an administrative/supervisory license.]
142          [(6)] (5) A local school board shall set the superintendent's compensation for services.
143          [(7)] (6) A superintendent qualifies for office by taking the constitutional oath of
144     office.
145          [(8)] (7) (a) As used in this Subsection [(8)] (7), "interim vacancy period" means the
146     period of time that:
147          (i) begins on the day on which a general election described in Section 20A-1-202 is
148     held to elect a member of a local school board; and
149          (ii) ends on the day on which the member-elect begins the member's term.
150          (b) (i) The local school board may not appoint a superintendent during an interim

151     vacancy period.
152          (ii) Notwithstanding Subsection [(8)] (7)(b)(i):
153          (A) the local school board may appoint an interim superintendent during an interim
154     vacancy period; and
155          (B) the interim superintendent's term shall expire once a new superintendent is
156     appointed by the new local school board after the interim vacancy period has ended.
157          (c) Subsection [(8)] (7)(b) does not apply if all the local school board members who
158     held office on the day of the general election whose term of office was vacant for the election
159     are re-elected to the local school board for the following term.
160          Section 3. Section 53A-6-103 is amended to read:
161          53A-6-103. Definitions.
162          As used in this chapter:
163          [(1) "Accredited institution" means an institution meeting the requirements of Section
164     53A-6-107.]
165          [(2) (a) "Alternative preparation program" means preparation for licensure in
166     accordance with applicable law and rule through other than an approved preparation program.]
167          [(b) "Alternative preparation program" includes the competency-based licensing
168     program described in Section 53A-6-104.5.]
169          [(3) "Ancillary requirement" means a requirement established by law or rule in addition
170     to completion of an approved preparation program or alternative education program or
171     establishment of eligibility under the NASDTEC Interstate Contract, and may include any of
172     the following:]
173          [(a) minimum grade point average;]
174          [(b) standardized testing or assessment;]
175          [(c) mentoring;]
176          [(d) recency of professional preparation or experience;]
177          [(e) graduation from an accredited institution; or]
178          [(f) evidence relating to moral, ethical, physical, or mental fitness.]
179          [(4) "Approved preparation program" means a program for preparation of educational
180     personnel offered through an accredited institution in Utah or in a state which is a party to a
181     contract with Utah under the NASDTEC Interstate Contract and which, at the time the program

182     was completed by the applicant:]
183          [(a) was approved by the governmental agency responsible for licensure of educators in
184     the state in which the program was provided;]
185          [(b) satisfied requirements for licensure in the state in which the program was
186     provided;]
187          [(c) required completion of a baccalaureate; and]
188          [(d) included a supervised field experience.]
189          [(5) "Board" means the State Board of Education.]
190          (1) "Board" means the State Board of Education.
191          [(6)] (2) "Certificate" means a license issued by a governmental jurisdiction outside the
192     state.
193          [(7) "Core academic subjects" means English, reading or language arts, mathematics,
194     science, foreign languages, civics and government, economics, arts, history, and geography.]
195          [(8)] (3) "Educator" means:
196          (a) a person who holds a license;
197          (b) a teacher, counselor, administrator, librarian, or other person required, under rules
198     of the board, to hold a license; or
199          (c) a person who is the subject of an allegation which has been received by the board or
200     UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a
201     position requiring licensure.
202          [(9) (a) "Endorsement" means a stipulation appended to a license setting forth the areas
203     of practice to which the license applies.]
204          [(b) An endorsement shall be issued upon completion of a competency-based teacher
205     preparation program from a regionally accredited university that meets state content standards.]
206          [(10) "License" means an authorization issued by the board which permits the holder to
207     serve in a professional capacity in the public schools. The five levels of licensure are:]
208          [(a) "letter of authorization," which is:]
209          [(i) a temporary license issued to a person who has not completed requirements for a
210     competency-based, or level 1, 2, or 3 license, such as:]
211          [(A) a student teacher; or]
212          [(B) a person participating in an alternative preparation program; or]

213          [(ii) a license issued, pursuant to board rules, to a person who has achieved eminence,
214     or has outstanding qualifications, in a field taught in public schools;]
215          [(b) "competency-based license" which is issued to a teacher based on the teacher's
216     demonstrated teaching skills and abilities;]
217          [(c) "level 1 license," which is a license issued upon completion of:]
218          [(i) a competency-based teacher preparation program from a regionally accredited
219     university; or]
220          [(ii) an approved preparation program or an alternative preparation program, or
221     pursuant to an agreement under the NASDTEC Interstate Contract, to candidates who have
222     also met all ancillary requirements established by law or rule;]
223          [(d) "level 2 license," which is a license issued after satisfaction of all requirements for
224     a level 1 license as well as any additional requirements established by law or rule relating to
225     professional preparation or experience; and]
226          [(e) "level 3 license," which is a license issued to an educator who holds a current Utah
227     level 2 license and has also received, in the educator's field of practice, National Board
228     certification or a doctorate from an accredited institution.]
229          [(11) "NASDTEC" means the National Association of State Directors of Teacher
230     Education and Certification.]
231          [(12) "NASDTEC Interstate Contract" means the contract implementing Title 53A,
232     Chapter 6, Part 2, Compact for Interstate Qualification of Educational Personnel, which is
233     administered through NASDTEC.]
234          (4) "License" means an authorization issued by the board that permits the holder to
235     serve in a professional capacity in the public schools.
236          [(13)] (5) "National Board certification" means a current certificate issued by the
237     National Board for Professional Teaching Standards.
238          [(14) "Necessarily existent small school" means a school classified as a necessarily
239     existent small school in accordance with Section 53A-17a-109.]
240          [(15)] (6) "Rule" means an administrative rule adopted by the board under Title 63G,
241     Chapter 3, Utah Administrative Rulemaking Act.
242          [(16)] (7) "School" means a public or private entity [which] that provides educational
243     services to a minor child.

244          [(17) "Small school district" means a school district with an enrollment of less than
245     5,000 students.]
246          [(18)] (8) "UPPAC" means the Utah Professional Practices Advisory Commission.
247          Section 4. Section 53A-6-104 is amended to read:
248          53A-6-104. Board licensure.
249          [(1) (a) The board may issue licenses for educators.]
250          [(b) A person employed in a position that requires licensure by the board shall hold the
251     appropriate license.]
252          (1) To be fully implemented by July 1, 2019, the board shall establish in rule a system
253     for educator licensing that includes:
254          (a) an associate educator license that permits an individual to provide educational
255     services in a public school while working to meet the requirements of a professional educator
256     license;
257          (b) a professional educator license that permits an individual to provide educational
258     services in a public school after demonstrating that the individual meets licensure requirements
259     established in board rule; and
260          (c) an LEA-specific educator license issued by the board at the request of an LEA's
261     governing body that is valid for an individual to provide educational services in the requesting
262     LEA's schools.
263          (2) An individual employed in a position that requires licensure by the board shall hold
264     the license that is appropriate to the position.
265          [(2)] (3) (a) The board may by rule rank, endorse, or otherwise classify licenses and
266     establish the criteria for obtaining [and], retaining, and reinstating licenses.
267          [(b) (i) The board shall make rules requiring participation in professional development
268     activities or compliance with a school district professional development plan as provided in
269     Subsection (4) in order for educators to retain their licenses.]
270          [(ii)] (b) An educator who is enrolling in a course of study at an institution within the
271     state system of higher education to satisfy the [professional development requirements of
272     Subsection (2)(b)(i)] board requirements for retaining a license is exempt from tuition, except
273     for a semester registration fee established by the State Board of Regents, if:
274          [(A)] (i) the educator is enrolled on the basis of surplus space in the class after

275     regularly enrolled students have been assigned and admitted to the class in accordance with
276     regular procedures, normal teaching loads, and the institution's approved budget; and
277          [(B)] (ii) enrollments are determined by each institution under rules and guidelines
278     established by the State Board of Regents in accordance with findings of fact that space is
279     available for the educator's enrollment.
280          [(3) Except as provided in Subsection (4), unless suspended or revoked by the board,
281     or surrendered by the educator:]
282          [(a) a letter of authorization is valid for one year, or a shorter period as specified by the
283     board, subject to renewal by the board in accordance with board rules;]
284          [(b) a competency-based license remains valid;]
285          [(c) a level 1 license is valid for three years, subject to renewal by the board in
286     accordance with board rules;]
287          [(d) a level 2 license is valid for five years, subject to renewal by the board in
288     accordance with board rules; and]
289          [(e) a level 3 license is valid for seven years, subject to renewal by the board in
290     accordance with board rules.]
291          [(4) Unless suspended or revoked by the board, or surrendered by the educator, a level
292     1, level 2, level 3, or competency-based license shall remain valid if:]
293          [(a) the license holder is employed by a school district that has a comprehensive
294     program to maintain and improve educators' skills in which performance standards, educator
295     evaluation, and professional development are integrated; and]
296          [(b) the license holder complies with school or school district professional
297     development requirements.]
298          Section 5. Section 53A-6-107 is amended to read:
299          53A-6-107. Teacher preparation programs.
300          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
301     board shall make rules that establish standards for approval of a preparation program [or an
302     alternative preparation program].
303          (2) The board shall ensure that standards adopted under Subsection (1) meet or exceed
304     generally recognized national standards for preparation of educators[, such as those developed
305     by the:].

306          [(a) Interstate New Teacher Assessment and Support Consortium;]
307          [(b) National Board for Professional Teaching Standards; or]
308          [(c) Council for the Accreditation of Educator Preparation.]
309          (3) The board shall designate an employee of the board's staff to:
310          (a) work with education deans of state institutions of higher education to coordinate
311     on-site monitoring of teacher preparation programs that may include:
312          (i) monitoring courses for teacher preparation programs;
313          (ii) working with course instructors for teacher preparation programs; and
314          (iii) interviewing students admitted to teacher preparation programs;
315          (b) act as a liaison between:
316          (i) the board;
317          (ii) local school boards or charter school governing boards; and
318          (iii) representatives of teacher preparation programs; and
319          (c) report the employee's findings and recommendations for the improvement of
320     teacher preparation programs to:
321          (i) the board; and
322          (ii) education deans of state institutions of higher education.
323          (4) The board shall:
324          (a) in good faith, consider the findings and recommendations described in Subsection
325     (3)(c); and
326          (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
327     make rules, as the board determines is necessary, to implement recommendations described in
328     Subsection (3)(c).
329          Section 6. Section 53A-6-115 is amended to read:
330          53A-6-115. Teacher leaders.
331          (1) As used in this section, "teacher" means an educator who has an assignment to
332     teach in a classroom.
333          (2) There is created the role of a teacher leader to:
334          (a) work with a student teacher and a teacher who supervises a student teacher;
335          (b) assist with the training of a recently hired teacher; and
336          (c) support school-based professional learning.

337          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
338     board[:(a)] shall make rules that:
339          [(i)] (a) define the role of a teacher leader, including the functions described in
340     Subsection (2); and
341          [(ii)] (b) establish the minimum criteria for a teacher to qualify as a teacher leader[;
342     and].
343          [(b) may make rules that create an endorsement for a teacher leader.]
344          [(4) A school district or charter school may assign a teacher to a teacher leader position
345     without a teacher leader endorsement.]
346          [(5) (a)] (4) The board shall solicit recommendations from school districts and
347     educators regarding:
348          [(i)] (a) appropriate resources to provide a teacher leader; and
349          [(ii)] (b) appropriate ways to compensate a teacher leader.
350          [(b) The board shall report the board's findings and recommendations described in
351     Subsection (5)(a) to the Education Interim Committee on or before the committee's November
352     2016 interim meeting.]
353          Section 7. Section 53A-6-503 is amended to read:
354          53A-6-503. Reimbursement of legal fees and costs to educators.
355          (1) As used in this section:
356          (a) "Action" means any action, except those referred to in Section 52-6-201, brought
357     against an educator by an individual or entity other than:
358          (i) the entity who licenses the educator; and
359          (ii) the [school district] LEA that employs the educator or employed the educator at the
360     time of the alleged act or omission.
361          (b) "Educator" means an individual who holds or is required to hold a license [under
362     this chapter] as defined by the board and is employed by [a school district] an LEA located
363     within the state.
364          (c) ["School district" includes the] "LEA" means a school district, charter school, or the
365     Utah Schools for the Deaf and the Blind [and the state's applied technology centers].
366          (2) Except as otherwise provided in Section 52-6-201, an educator is entitled to recover
367     reasonable attorneys' fees and costs incurred in the educator's defense against an individual or

368     entity who initiates an action against the educator if:
369          (a) the action is brought for any act or omission of the educator during the performance
370     of the educator's duties within the scope of the educator's employment; and
371          (b) it is dismissed or results in findings favorable to the educator.
372          (3) An educator who recovers under this section is also entitled to recover reasonable
373     attorneys' fees and costs necessarily incurred by the educator in recovering the attorneys' fees
374     and costs allowed under Subsection (2).
375          Section 8. Section 53A-6-901 is amended to read:
376          53A-6-901. Grants for math teacher training programs.
377          (1) If the state obtains matching funds of equal sums from private contributors, the
378     board may award grants to institutions of higher education or nonprofit educational
379     organizations for programs that provide:
380          (a) mentoring and training leading to a secondary education license with [an
381     endorsement] a credential in mathematics for an individual who:
382          (i) is not a teacher in a public or private school;
383          (ii) does not have a teaching license;
384          (iii) has a bachelor's degree or higher; and
385          (iv) demonstrates a high level of mathematics competency by:
386          (A) successfully completing substantial course work in mathematics; and
387          (B) passing a mathematics content exam; or
388          (b) a stipend, professional development, and leadership opportunities to an experienced
389     mathematics teacher who demonstrates high content knowledge and exemplary teaching and
390     leadership skills to assist the teacher in becoming a teacher leader.
391          (2) (a) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
392     Administrative Rulemaking Act, that establish criteria for awarding grants under this section.
393          (b) In awarding grants, the board shall consider the amount or percent of matching
394     funds provided by the grant recipient.
395          Section 9. Section 53A-8a-102 is amended to read:
396          53A-8a-102. Definitions.
397          As used in this chapter:
398          (1) "Administrator" means an individual who[:] supervises educators and holds an

399     appropriate license issued by the State Board of Education.
400          [(a) serves in a position that requires:]
401          [(i) an educator license with an administrative area of concentration; or]
402          [(ii) a letter of authorization described in Section 53A-3-301 or 53A-6-110; and]
403          [(b) supervises school administrators or teachers.]
404          (2) "Career employee" means an employee of a school district who has obtained a
405     reasonable expectation of continued employment based upon Section 53A-8a-201 and an
406     agreement with the employee or the employee's association, district practice, or policy.
407          (3) "Contract term" or "term of employment" means the period of time during which an
408     employee is engaged by the school district under a contract of employment, whether oral or
409     written.
410          (4) "Dismissal" or "termination" means:
411          (a) termination of the status of employment of an employee;
412          (b) failure to renew or continue the employment contract of a career employee beyond
413     the then-current school year;
414          (c) reduction in salary of an employee not generally applied to all employees of the
415     same category employed by the school district during the employee's contract term; or
416          (d) change of assignment of an employee with an accompanying reduction in pay,
417     unless the assignment change and salary reduction are agreed to in writing.
418          (5) (a) "Employee" means a career or provisional employee of a school district, except
419     as provided in Subsection (5)(b).
420          (b) For purposes of Part 2, Status of Employment, Part 4, Educator Evaluations, and
421     Part 5, Orderly School Termination Procedures, "employee" does not include:
422          (i) a district superintendent or the equivalent at the Utah Schools for the Deaf and the
423     Blind;
424          (ii) a district business administrator or the equivalent at the Utah Schools for the Deaf
425     and the Blind; or
426          (iii) a temporary employee.
427          (6) "Last-hired, first-fired layoff policy" means a staff reduction policy that mandates
428     the termination of an employee who started to work for a district most recently before
429     terminating a more senior employee.

430          (7) "Provisional employee" means an individual, other than a career employee or a
431     temporary employee, who is employed by a school district.
432          (8) "School board" or "board" means a district school board or, for the Utah Schools
433     for the Deaf and the Blind, the State Board of Education.
434          (9) "School district" or "district" means:
435          (a) a public school district; or
436          (b) the Utah Schools for the Deaf and the Blind.
437          (10) "Temporary employee" means an individual who is employed on a temporary
438     basis as defined by policies adopted by the local board of education. If the class of employees
439     in question is represented by an employee organization recognized by the local board, the board
440     shall adopt the board's policies based upon an agreement with that organization. Temporary
441     employees serve at will and have no expectation of continued employment.
442          (11) (a) "Unsatisfactory performance" means a deficiency in performing work tasks
443     that may be:
444          (i) due to insufficient or undeveloped skills or a lack of knowledge or aptitude; and
445          (ii) remediated through training, study, mentoring, or practice.
446          (b) "Unsatisfactory performance" does not include the following conduct that is
447     designated as a cause for termination under Section 53A-8a-501 or a reason for license
448     discipline by the State Board of Education or Utah Professional Practices Advisory
449     Commission:
450          (i) a violation of work rules;
451          (ii) a violation of local school board policies, State Board of Education rules, or law;
452          (iii) a violation of standards of ethical, moral, or professional conduct; or
453          (iv) insubordination.
454          Section 10. Section 53A-8a-201 is amended to read:
455          53A-8a-201. Career employee status for provisional employees -- Career status
456     in the event of change of position -- Continuation of probationary status when position
457     changes -- Temporary status for extra duty assignments.
458          (1) (a) A provisional employee must work for a school district on at least a half-time
459     basis for three consecutive years to obtain career employee status.
460          (b) A school district may extend the provisional status of an employee up to an

461     additional two consecutive years in accordance with a written policy adopted by the district's
462     school board that specifies the circumstances under which an employee's provisional status
463     may be extended.
464          (2) Policies of an employing school district shall determine the status of a career
465     employee in the event of the following:
466          (a) the employee accepts a position which is substantially different from the position in
467     which career status was achieved; or
468          (b) the employee accepts employment in another school district.
469          (3) If an employee who is under an order of probation or remediation in one
470     assignment in a school district is transferred or given a new assignment in the district, the order
471     shall stand until its provisions are satisfied.
472          (4) An employee who is given extra duty assignments in addition to a primary
473     assignment, such as a teacher who also serves as a coach or activity advisor, is a temporary
474     employee in those extra duty assignments and may not acquire career status beyond the primary
475     assignment.
476          [(5) A person is an at-will employee and is not eligible for career employee status if the
477     person:]
478          [(a) is a teacher who holds a competency-based license pursuant to Section
479     53A-6-104.5 and does not hold a level 1, 2, or 3 license as defined in Section 53A-6-103; or]
480          [(b) holds an administrative/supervisory letter of authorization pursuant to Section
481     53A-6-110.]
482          Section 11. Section 53A-13-110 is amended to read:
483          53A-13-110. Financial and economic literacy education.
484          (1) As used in this section:
485          (a) "Financial and economic activities" include activities related to the topics listed in
486     Subsection (1)(b).
487          (b) "Financial and economic literacy concepts" include concepts related to the
488     following topics:
489          (i) basic budgeting;
490          (ii) saving and financial investments;
491          (iii) banking and financial services, including balancing a checkbook or a bank account

492     and online banking services;
493          (iv) career management, including earning an income;
494          (v) rights and responsibilities of renting or buying a home;
495          (vi) retirement planning;
496          (vii) loans and borrowing money, including interest, credit card debt, predatory
497     lending, and payday loans;
498          (viii) insurance;
499          (ix) federal, state, and local taxes;
500          (x) charitable giving;
501          (xi) online commerce;
502          (xii) identity fraud and theft;
503          (xiii) negative financial consequences of gambling;
504          (xiv) bankruptcy;
505          (xv) free markets and prices;
506          (xvi) supply and demand;
507          (xvii) monetary and fiscal policy;
508          (xviii) effective business plan creation, including using economic analysis in creating a
509     plan;
510          (xix) scarcity and choices;
511          (xx) opportunity cost and tradeoffs;
512          (xxi) productivity;
513          (xxii) entrepreneurism; and
514          (xxiii) economic reasoning.
515          (c) "Financial and economic literacy passport" means a document that tracks mastery
516     of financial and economic literacy concepts and completion of financial and economic
517     activities in kindergarten through grade 12.
518          (d) "General financial literacy course" means the course of instruction described in
519     Section 53A-13-108.
520          (2) The State Board of Education shall:
521          (a) in cooperation with interested private and nonprofit entities:
522          (i) develop a financial and economic literacy passport that students may elect to

523     complete;
524          (ii) develop methods of encouraging parent and educator involvement in completion of
525     the financial and economic literacy passport; and
526          (iii) develop and implement appropriate recognition and incentives for students who
527     complete the financial and economic literacy passport, including:
528          (A) a financial and economic literacy endorsement on the student's diploma of
529     graduation;
530          (B) a specific designation on the student's official transcript; and
531          (C) any incentives offered by community partners;
532          (b) more fully integrate existing and new financial and economic literacy education
533     into instruction in kindergarten through grade 12 by:
534          (i) coordinating financial and economic literacy instruction with existing instruction in
535     other areas of the core standards for Utah public schools, such as mathematics and social
536     studies;
537          (ii) using curriculum mapping;
538          (iii) creating training materials and staff development programs that:
539          (A) highlight areas of potential coordination between financial and economic literacy
540     education and other core standards for Utah public schools concepts; and
541          (B) demonstrate specific examples of financial and economic literacy concepts as a
542     way of teaching other core standards for Utah public schools concepts; and
543          (iv) using appropriate financial and economic literacy assessments to improve financial
544     and economic literacy education and, if necessary, developing assessments;
545          (c) work with interested public, private, and nonprofit entities to:
546          (i) identify, and make available to teachers, online resources for financial and
547     economic literacy education, including modules with interactive activities and turnkey
548     instructor resources;
549          (ii) coordinate school use of existing financial and economic literacy education
550     resources;
551          (iii) develop simple, clear, and consistent messaging to reinforce and link existing
552     financial literacy resources;
553          (iv) coordinate the efforts of school, work, private, nonprofit, and other financial

554     education providers in implementing methods of appropriately communicating to teachers,
555     students, and parents key financial and economic literacy messages; and
556          (v) encourage parents and students to establish higher education savings, including a
557     Utah Educational Savings Plan account;
558          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
559     make rules to develop guidelines and methods for school districts and charter schools to more
560     fully integrate financial and economic literacy education into other core standards for Utah
561     public schools courses;
562          (e) (i) contract with a provider, through a request for proposals process, to develop an
563     online, end-of-course assessment for the general financial literacy course;
564          (ii) require a school district or charter school to administer an online, end-of-course
565     assessment to a student who takes the general financial literacy course; and
566          (iii) develop a plan, through the state superintendent of public instruction, to analyze
567     the results of an online, end-of-course assessment in general financial literacy that includes:
568          (A) an analysis of assessment results by standard; and
569          (B) average scores statewide and by school district and school; and
570          (f) in cooperation with school districts, charter schools, and interested private and
571     nonprofit entities, provide opportunities for professional development in financial and
572     economic literacy to teachers, including:
573          (i) a statewide learning community for financial and economic literacy;
574          (ii) summer workshops; and
575          (iii) online videos of experts in the field of financial and economic literacy education[;
576     and].
577          [(g) implement a teacher endorsement in general financial literacy that includes course
578     work in financial planning, credit and investing, consumer economics, personal budgeting, and
579     family economics.]
580          (3) A public school shall provide the following to the parents or guardian of a
581     kindergarten student during kindergarten enrollment:
582          (a) a financial and economic literacy passport; and
583          (b) information about higher education savings options, including information about
584     opening a Utah Educational Savings Plan account.

585          (4) (a) The State Board of Education shall establish a task force to study and make
586     recommendations to the board on how to improve financial and economic literacy education in
587     the public school system.
588          (b) The task force membership shall include representatives of:
589          (i) the State Board of Education;
590          (ii) school districts and charter schools;
591          (iii) the State Board of Regents; and
592          (iv) private or public entities that teach financial education and share a commitment to
593     empower individuals and families to achieve economic stability, opportunity, and upward
594     mobility.
595          [(c) In 2013, the task force shall:]
596          [(i) review and recommend modifications to the course standards and objectives of the
597     general financial literacy course described in Section 53A-13-108 to ensure the course
598     standards and objectives reflect current and relevant content consistent with the financial and
599     economic literacy concepts listed in Subsection (1)(b);]
600          [(ii) study the development of an online assessment of students' competency in
601     financial and economic literacy that may be used to:]
602          [(A) measure student learning growth and proficiency in financial and economic
603     literacy; and]
604          [(B) assess the effectiveness of instruction in financial and economic literacy;]
605          [(iii) consider the development of a rigorous, online only, course to fulfill the general
606     financial literacy curriculum and graduation requirements specified in Section 53A-13-108;]
607          [(iv) identify opportunities for teaching financial and economic literacy through an
608     integrated school curriculum and in the regular course of school work;]
609          [(v) study and make recommendations for educator license endorsements for teachers
610     of financial and economic literacy;]
611          [(vi) identify efficient and cost-effective methods of delivering professional
612     development in financial and economic literacy content and instructional methods; and]
613          [(vii) study how financial and economic literacy education may be enhanced through
614     community partnerships.]
615          [(d)] (c) The task force shall reconvene every three years to review and recommend

616     adjustments to the standards and objectives of the general financial literacy course.
617          [(e) The State Board of Education shall make a report to the Education Interim
618     Committee no later than the committee's November 2013 meeting summarizing the findings
619     and recommendations of the task force and actions taken by the board in response to the task
620     force's findings and recommendations.]
621          Section 12. Section 53A-15-106 is amended to read:
622          53A-15-106. Interventions for Reading Difficulties Pilot Program.
623          (1) As used in this section:
624          (a) "Board" means the State Board of Education.
625          (b) "Dyslexia" means a specific learning disability that is neurological in origin and
626     characterized by difficulties with accurate or fluent word recognition and by poor spelling and
627     decoding abilities that typically result from a deficit in the phonological component of language
628     that is often unexpected in relation to other cognitive abilities and the provision of effective
629     classroom instruction.
630          [(c) "Endorsement" means the same as that term is defined in Section 53A-6-103.]
631          [(d)] (c) "Local education agency" or "LEA" means:
632          (i) a school district;
633          (ii) a charter school; or
634          (iii) the Utah Schools for the Deaf and the Blind.
635          [(e)] (d) "Multi-Tier System of Supports" or "MTSS" means a framework integrating
636     assessment and intervention that:
637          (i) provides increasingly intensive interventions for students at risk for or experiencing
638     reading difficulties, including:
639          (A) tier II interventions that, in addition to standard classroom reading, provide
640     supplemental and targeted small group instruction in reading using evidence-based curricula;
641     and
642          (B) tier III interventions that address the specific needs of students who are the most at
643     risk or who have not responded to tier II interventions by providing frequent, intensive, and
644     targeted small group instruction using evidence-based curricula; and
645          (ii) is developed to:
646          (A) maximize student achievement;

647          (B) reduce behavior problems; and
648          (C) increase long-term success.
649          [(f)] (e) "Program" means the Interventions for Reading Difficulties Pilot Program.
650          [(g)] (f) "Reading difficulty" means an impairment, including dyslexia, that negatively
651     affects a student's ability to learn to read.
652          (2) There is created the Interventions for Reading Difficulties Pilot Program to provide:
653          (a) specific evidence-based literacy interventions using an MTSS for students in
654     kindergarten through grade 5 who are at risk for or experiencing a reading difficulty, including
655     dyslexia; and
656          (b) professional development to educators who provide the literacy interventions
657     described in Subsection (2)(a).
658          (3) (a) An LEA may submit a proposal to the board to participate in the program.
659          (b) An LEA proposal described in Subsection (3)(a) shall:
660          (i) specify:
661          (A) a range of current benchmark assessment in reading scores described in Section
662     53A-1-606.6 that the LEA will use to determine whether a student is at risk for a reading
663     difficulty; and
664          (B) other reading difficulty risk factors that the LEA will use to determine whether a
665     student is at risk for a reading difficulty;
666          (ii) describe the LEA's existing reading program;
667          (iii) describe the LEA's MTSS approach; and
668          (iv) include any other information requested by the board.
669          (c) The board may:
670          (i) specify the format for an LEA proposal; and
671          (ii) set a deadline for an LEA to submit a proposal.
672          (4) The board shall:
673          (a) define criteria for selecting an LEA to participate in the program;
674          (b) during fiscal year 2016, select five LEAs to participate in the program:
675          (i) on a competitive basis; and
676          (ii) using criteria described in Subsection (4)(a); and
677          (c) provide each LEA, selected as described in Subsection (4)(b), up to $30,000 per

678     school within the LEA.
679          (5) During fiscal years 2017, 2018, and 2019, if funding allows, the board may select
680     additional LEAs to participate in the program.
681          (6) An LEA that participates in the program:
682          (a) shall, beginning with the 2016-17 school year, provide the interventions described
683     in Subsection (7)(c) from the time the LEA is selected until the end of the 2018-19 school year;
684     and
685          (b) may provide the professional development described in Subsections (8)(a) and (b)
686     beginning in fiscal year 2016.
687          (7) An LEA that participates in the program shall:
688          (a) select at least one school in the LEA to participate in the program;
689          (b) identify students in kindergarten through grade 5 for participation in the program
690     by:
691          (i) using current benchmark assessment in reading scores as described in Section
692     53A-1-606.6; and
693          (ii) considering other reading difficulty risk factors identified by the LEA;
694          (c) provide interventions for each student participating in the program using an MTSS
695     implemented by an educator trained in evidence-based interventions;
696          (d) include the LEA's proposal submitted under Subsection (3)(b) in the reading
697     achievement plan described in Section 53A-1-606.5 for each school in the LEA that
698     participates in the program; and
699          (e) report annually to the board on:
700          (i) individual student outcomes in changes in reading ability;
701          (ii) school level outcomes; and
702          (iii) any other information requested by the board.
703          (8) Subject to funding for the program, an LEA may use the funds described in
704     Subsection (4)(c) for the following purposes:
705          (a) to provide for ongoing professional development in evidence-based literacy
706     interventions;
707          (b) to support educators in earning a reading interventionist [endorsement] credential
708     that prepares teachers to provide a student who is at risk for or experiencing reading difficulty,

709     including dyslexia, with reading intervention that is:
710          (i) explicit;
711          (ii) systematic; and
712          (iii) targeted to a student's specific reading difficulty; and
713          (c) to implement the program.
714          (9) The board shall contract with an independent evaluator to evaluate the program on:
715          (a) whether the program improves reading outcomes for a student who receives the
716     interventions described in Subsection (7)(c);
717          (b) whether the program may reduce future special education costs; and
718          (c) any other student or school achievement outcomes requested by the board.
719          (10) (a) The board shall make a final report on the program to the Education Interim
720     Committee on or before November 1, 2018.
721          (b) In the final report described in Subsection (10)(a), the board shall include the
722     results of the evaluation described in Subsection (9).
723          Section 13. Section 53A-15-1304 is amended to read:
724          53A-15-1304. Youth suicide prevention training for employees.
725          (1) A school district or charter school shall require a licensed employee to complete a
726     minimum of two hours of professional development training on youth suicide prevention
727     [within the employee's license cycle described in Section 53A-6-104] every three years.
728          (2) The board shall:
729          (a) develop or adopt sample materials to be used by a school district or charter school
730     for professional development training on youth suicide prevention; and
731          (b) in rule made in accordance with Title 63G, Chapter 3, Utah Administrative
732     Rulemaking Act, incorporate the training described in Subsection (1) into professional
733     development training described in Section 53A-6-104.
734          Section 14. Section 53A-15-1702 is amended to read:
735          53A-15-1702. Definitions.
736          (1) "Concurrent enrollment" means enrollment in a course offered through the
737     concurrent enrollment program described in Section 53A-15-1703.
738          (2) "Educator" means the same as that term is defined in Section 53A-6-103.
739          (3) "Eligible instructor" means an instructor who is:

740          (a) employed as faculty by an institution of higher education; or
741          (b) (i) employed by an LEA;
742          (ii) licensed by the State Board of Education under Title 53A, Chapter 6, Educator
743     Licensing and Professional Practices Act;
744          (iii) (A) approved as adjunct faculty by an institution of higher education; or
745          (B) a mathematics educator who has an upper level mathematics [endorsement]
746     credential issued by the State Board of Education; and
747          (iv) supervised by an institution of higher education.
748          (4) "Eligible student" means a student who:
749          (a) is enrolled in, and counted in average daily membership in, a high school within the
750     state;
751          (b) has a plan for college and career readiness, as described in Section 53A-1a-106, on
752     file at a high school within the state; and
753          (c) (i) is a grade 11 or grade 12 student; or
754          (ii) is a grade 9 or grade 10 student who qualifies by exception as described in Section
755     53A-15-1703.
756          [(5) "Endorsement" means a stipulation, authorized by the State Board of Education
757     and appended to a license, that specifies an area of practice to which the license applies.]
758          [(6)] (5) "Institution of higher education" means the same as that term is defined in
759     Section 53B-3-102.
760          [(7)] (6) "License" means the same as that term is defined in Section 53A-6-103.
761          [(8)] (7) "Local education agency" or "LEA" means a school district or charter school.
762          [(9)] (8) "Participating eligible student" means an eligible student enrolled in a
763     concurrent enrollment course.
764          [(10) "Upper level mathematics endorsement" means an endorsement required by the
765     State Board of Education for an educator to teach calculus.]
766          [(11)] (9) "Value of the weighted pupil unit" means the same as that term is defined in
767     Section 53A-1a-703.
768          Section 15. Section 53A-17a-153 is amended to read:
769          53A-17a-153. Educator salary adjustments.
770          (1) As used in this section, "educator" means a person employed by a school district,

771     charter school, or the Utah Schools for the Deaf and the Blind who holds:
772          (a) a license issued [under Title 53A, Chapter 6, Educator Licensing and Professional
773     Practices Act; and] by:
774          (i) the State Board of Education; or
775          (ii) the Division of Occupational and Professional Licensing; and
776          (b) a position as a:
777          (i) classroom teacher;
778          (ii) speech pathologist;
779          (iii) librarian or media specialist;
780          (iv) preschool teacher;
781          (v) mentor teacher;
782          (vi) teacher specialist or teacher leader;
783          (vii) guidance counselor;
784          (viii) audiologist;
785          (ix) psychologist; or
786          (x) social worker.
787          (2) In recognition of the need to attract and retain highly skilled and dedicated
788     educators, the Legislature shall annually appropriate money for educator salary adjustments,
789     subject to future budget constraints.
790          (3) Money appropriated to the State Board of Education for educator salary
791     adjustments shall be distributed to school districts, charter schools, and the Utah Schools for
792     the Deaf and the Blind in proportion to the number of full-time-equivalent educator positions
793     in a school district, a charter school, or the Utah Schools for the Deaf and the Blind as
794     compared to the total number of full-time-equivalent educator positions in school districts,
795     charter schools, and the Utah Schools for the Deaf and the Blind.
796          (4) A school district, a charter school, or the Utah Schools for the Deaf and the Blind
797     shall award bonuses to educators as follows:
798          (a) the amount of the salary adjustment shall be the same for each full-time-equivalent
799     educator position in the school district, charter school, or the Utah Schools for the Deaf and the
800     Blind;
801          (b) an individual who is not a full-time educator shall receive a partial salary adjustment

802     based on the number of hours the individual works as an educator; and
803          (c) a salary adjustment may be awarded only to an educator who has received a
804     satisfactory rating or above on the educator's most recent evaluation.
805          (5) The State Board of Education may make rules as necessary to administer this
806     section, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
807          (6) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
808     money each year to:
809          (i) maintain educator salary adjustments provided in prior years; and
810          (ii) provide educator salary adjustments to new employees.
811          (b) Money appropriated for educator salary adjustments shall include money for the
812     following employer-paid benefits:
813          (i) retirement;
814          (ii) worker's compensation;
815          (iii) social security; and
816          (iv) Medicare.
817          (7) (a) Subject to future budget constraints, the Legislature shall:
818          (i) maintain the salary adjustments provided to school administrators in the 2007-08
819     school year; and
820          (ii) provide salary adjustments for new school administrators in the same amount as
821     provided for existing school administrators.
822          (b) The appropriation provided for educator salary adjustments shall include salary
823     adjustments for school administrators as specified in Subsection (7)(a).
824          (c) In distributing and awarding salary adjustments for school administrators, the State
825     Board of Education, a school district, a charter school, or the Utah Schools for the Deaf and the
826     Blind shall comply with the requirements for the distribution and award of educator salary
827     adjustments as provided in Subsections (3) and (4).
828          Section 16. Section 53A-17a-158 is amended to read:
829          53A-17a-158. Stipends for special educators for additional days of work.
830          (1) As used in this section:
831          (a) "IEP" means an individualized education program developed pursuant to the
832     Individuals with Disabilities Education Improvement Act of 2004, as amended.

833          (b) "Special education teacher" means a teacher whose primary assignment is the
834     instruction of students with disabilities who are eligible for special education services.
835          (c) "Special educator" means a person employed by a school district, charter school, or
836     the Utah Schools for the Deaf and the Blind who holds:
837          (i) a license issued [under Title 53A, Chapter 6, Educator Licensing and Professional
838     Practices Act] by the State Board of Education; and
839          (ii) a position as a:
840          (A) special education teacher; or
841          (B) speech-language pathologist.
842          (2) The Legislature shall annually appropriate money for stipends to special educators
843     for additional days of work:
844          (a) in recognition of the added duties and responsibilities assumed by special educators
845     to comply with federal law regulating the education of students with disabilities and the need to
846     attract and retain qualified special educators; and
847          (b) subject to future budget constraints.
848          (3) (a) The State Board of Education shall distribute money appropriated under this
849     section to school districts, charter schools, and the Utah Schools for the Deaf and the Blind for
850     stipends for special educators in the amount of $200 per day for up to 10 additional working
851     days.
852          (b) Money distributed under this section shall include, in addition to the $200 per day
853     stipend, money for the following employer-paid benefits:
854          (i) retirement;
855          (ii) workers' compensation;
856          (iii) Social Security; and
857          (iv) Medicare.
858          (4) A special educator receiving a stipend shall:
859          (a) work an additional day beyond the number of days contracted with the special
860     educator's school district or school for each daily stipend;
861          (b) schedule the additional days of work before or after the school year; and
862          (c) use the additional days of work to perform duties related to the IEP process,
863     including:

864          (i) administering student assessments;
865          (ii) conducting IEP meetings;
866          (iii) writing IEPs;
867          (iv) conferring with parents; and
868          (v) maintaining records and preparing reports.
869          (5) A special educator may:
870          (a) elect to receive a stipend for one to 10 days of additional work; or
871          (b) elect to not receive a stipend.
872          (6) A person who does not hold a full-time position as a special educator is eligible for
873     a partial stipend equal to the percentage of a full-time special educator position the person
874     assumes.
875          Section 17. Section 63G-7-102 is amended to read:
876          63G-7-102. Definitions.
877          As used in this chapter:
878          (1) "Arises out of or in connection with, or results from," when used to describe the
879     relationship between conduct or a condition and an injury, means that:
880          (a) there is some causal relationship between the conduct or condition and the injury;
881          (b) the causal relationship is more than any causal connection but less than proximate
882     cause; and
883          (c) the causal relationship is sufficient to conclude that the injury originates with, flows
884     from, or is incident to the conduct or condition.
885          (2) "Claim" means any asserted demand for or cause of action for money or damages,
886     whether arising under the common law, under state constitutional provisions, or under state
887     statutes, against a governmental entity or against an employee in the employee's personal
888     capacity.
889          (3) (a) "Employee" includes:
890          (i) a governmental entity's officers, employees, servants, trustees, or commissioners;
891          (ii) members of a governing body;
892          (iii) members of a government entity board;
893          (iv) members of a government entity commission;
894          (v) members of an advisory body, officers, and employees of a Children's Justice

895     Center created in accordance with Section 67-5b-102;
896          (vi) student teachers holding a [letter of authorization in accordance with Sections
897     53A-6-103 and 53A-6-104] license issued by the State Board of Education;
898          (vii) educational aides;
899          (viii) students engaged in providing services to members of the public in the course of
900     an approved medical, nursing, or other professional health care clinical training program;
901          (ix) volunteers as defined by Subsection 67-20-2(3); and
902          (x) tutors.
903          (b) "Employee" includes all of the positions identified in Subsection (3)(a), whether or
904     not the individual holding that position receives compensation.
905          (c) "Employee" does not include an independent contractor.
906          (4) "Governmental entity" means the state and its political subdivisions as both are
907     defined in this section.
908          (5) (a) "Governmental function" means each activity, undertaking, or operation of a
909     governmental entity.
910          (b) "Governmental function" includes each activity, undertaking, or operation
911     performed by a department, agency, employee, agent, or officer of a governmental entity.
912          (c) "Governmental function" includes a governmental entity's failure to act.
913          (6) "Injury" means death, injury to a person, damage to or loss of property, or any other
914     injury that a person may suffer to the person or estate, that would be actionable if inflicted by a
915     private person or the private person's agent.
916          (7) "Personal injury" means an injury of any kind other than property damage.
917          (8) "Political subdivision" means any county, city, town, school district, community
918     reinvestment agency, special improvement or taxing district, local district, special service
919     district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13,
920     Interlocal Cooperation Act, or other governmental subdivision or public corporation.
921          (9) "Property damage" means injury to, or loss of, any right, title, estate, or interest in
922     real or personal property.
923          (10) "State" means the state of Utah, and includes each office, department, division,
924     agency, authority, commission, board, institution, hospital, college, university, Children's
925     Justice Center, or other instrumentality of the state.

926          (11) "Willful misconduct" means the intentional doing of a wrongful act, or the
927     wrongful failure to act, without just cause or excuse, where the actor is aware that the actor's
928     conduct will probably result in injury.
929          Section 18. Repealer.
930          This bill repeals:
931          Section 53A-6-104.1 (Superseded 07/01/18), Reinstatement of a license.
932          Section 53A-6-104.1 (Effective 07/01/18), Reinstatement of a license.
933          Section 53A-6-104.5, Licensing by competency.
934          Section 53A-6-105 (Repealed 07/01/18), Licensing fees -- Credit to subfund --
935     Payment of expenses.
936          Section 53A-6-110, Administrative/supervisory letters of authorization.
937          Section 53A-6-111, Teacher classifications.
938          Section 53A-6-113, Alternative preparation program -- Work experience
939     requirement.
940          Section 53A-6-116, JROTC instructors.
941          Section 53A-6-201, Enactment of compact.
942          Section 53A-6-202, Purpose and intent of compact -- Findings.
943          Section 53A-6-203, Definitions.
944          Section 53A-6-204, Contracts for acceptance of educational personnel.
945          Section 53A-6-205, Effect of compact on other state laws and regulations.
946          Section 53A-6-206, Agreement by party states.
947          Section 53A-6-207, Evaluation of compact.
948          Section 53A-6-208, Scope of compact.
949          Section 53A-6-209, Effective date -- Withdrawal from compact -- Continuing
950     obligations.
951          Section 53A-6-210, Construction of compact.
952          Section 53A-6-211, Superintendent of public instruction as designated state
953     official.
954          Section 53A-25a-106, Licensing of teachers.







Legislative Review Note
Office of Legislative Research and General Counsel