Senator Ann Millner proposes the following substitute bill:




Chief Sponsor: Val L. Peterson

Senate Sponsor: Ann Millner


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

26     AMENDS:
27          53E-3-505, as renumbered and amended by Laws of Utah 2018, Chapter 1
28          53E-6-102, as renumbered and amended by Laws of Utah 2018, Chapter 1
29          53E-6-201, as renumbered and amended by Laws of Utah 2018, Chapter 1
30          53E-6-302, as renumbered and amended by Laws of Utah 2018, Chapter 1
31          53E-6-702, as renumbered and amended by Laws of Utah 2018, Chapter 1
32          53E-6-902, as renumbered and amended by Laws of Utah 2018, Chapter 1
33          53E-10-301, as renumbered and amended by Laws of Utah 2018, Chapter 1
34          53F-2-310, as renumbered and amended by Laws of Utah 2018, Chapter 2
35          53F-2-405, as renumbered and amended by Laws of Utah 2018, Chapter 2
36          53F-5-203, as renumbered and amended by Laws of Utah 2018, Chapter 2
37          53F-5-205, as renumbered and amended by Laws of Utah 2018, Chapter 2
38          53G-4-301, as renumbered and amended by Laws of Utah 2018, Chapter 3
39          53G-5-407, as renumbered and amended by Laws of Utah 2018, Chapter 3
40          53G-9-704, as renumbered and amended by Laws of Utah 2018, Chapter 3
41          53G-11-501, as renumbered and amended by Laws of Utah 2018, Chapter 3
42          53G-11-503, as renumbered and amended by Laws of Utah 2018, Chapter 3
43          63G-7-102, as last amended by Laws of Utah 2017, Chapter 300
44     REPEALS:
45          53A-6-105 (Repealed 07/01/18), as last amended by Laws of Utah 2017, Chapter 372
46     and repealed by Laws of Utah 2017, Chapter 472
47          53E-6-202 (Superseded 07/01/18), as renumbered and amended by Laws of Utah
48     2018, Chapter 1
49          53E-6-202 (Effective 07/01/18), as renumbered and amended by Laws of Utah 2018,
50     Chapter 1
51          53E-6-203, as renumbered and amended by Laws of Utah 2018, Chapter 1
52          53E-6-304, as renumbered and amended by Laws of Utah 2018, Chapter 1
53          53E-6-305, as renumbered and amended by Laws of Utah 2018, Chapter 1
54          53E-6-306, as renumbered and amended by Laws of Utah 2018, Chapter 1
55          53E-6-903, as renumbered and amended by Laws of Utah 2018, Chapter 1
56          53E-6-1001, as renumbered and amended by Laws of Utah 2018, Chapter 1

57          53E-6-1002, as renumbered and amended by Laws of Utah 2018, Chapter 1
58          53E-6-1003, as renumbered and amended by Laws of Utah 2018, Chapter 1
59          53E-6-1004, as renumbered and amended by Laws of Utah 2018, Chapter 1
60          53E-6-1005, as renumbered and amended by Laws of Utah 2018, Chapter 1
61          53E-6-1006, as renumbered and amended by Laws of Utah 2018, Chapter 1
62          53E-6-1007, as renumbered and amended by Laws of Utah 2018, Chapter 1
63          53E-6-1008, as renumbered and amended by Laws of Utah 2018, Chapter 1
64          53E-6-1009, as renumbered and amended by Laws of Utah 2018, Chapter 1
65          53E-6-1010, as renumbered and amended by Laws of Utah 2018, Chapter 1
66          53E-6-1011, as renumbered and amended by Laws of Utah 2018, Chapter 1
67          53E-7-305, as renumbered and amended by Laws of Utah 2018, Chapter 1

69     Be it enacted by the Legislature of the state of Utah:
70          Section 1. Section 53E-3-505 is amended to read:
71          53E-3-505. Financial and economic literacy education.
72          (1) As used in this section:
73          (a) "Financial and economic activities" include activities related to the topics listed in
74     Subsection (1)(b).
75          (b) "Financial and economic literacy concepts" include concepts related to the
76     following topics:
77          (i) basic budgeting;
78          (ii) saving and financial investments;
79          (iii) banking and financial services, including balancing a checkbook or a bank account
80     and online banking services;
81          (iv) career management, including earning an income;
82          (v) rights and responsibilities of renting or buying a home;
83          (vi) retirement planning;
84          (vii) loans and borrowing money, including interest, credit card debt, predatory
85     lending, and payday loans;
86          (viii) insurance;
87          (ix) federal, state, and local taxes;

88          (x) charitable giving;
89          (xi) online commerce;
90          (xii) identity fraud and theft;
91          (xiii) negative financial consequences of gambling;
92          (xiv) bankruptcy;
93          (xv) free markets and prices;
94          (xvi) supply and demand;
95          (xvii) monetary and fiscal policy;
96          (xviii) effective business plan creation, including using economic analysis in creating a
97     plan;
98          (xix) scarcity and choices;
99          (xx) opportunity cost and tradeoffs;
100          (xxi) productivity;
101          (xxii) entrepreneurism; and
102          (xxiii) economic reasoning.
103          (c) "Financial and economic literacy passport" means a document that tracks mastery
104     of financial and economic literacy concepts and completion of financial and economic
105     activities in kindergarten through grade 12.
106          (d) "General financial literacy course" means the course of instruction described in
107     Section 53E-4-204.
108          (2) The State Board of Education shall:
109          (a) in cooperation with interested private and nonprofit entities:
110          (i) develop a financial and economic literacy passport that students may elect to
111     complete;
112          (ii) develop methods of encouraging parent and educator involvement in completion of
113     the financial and economic literacy passport; and
114          (iii) develop and implement appropriate recognition and incentives for students who
115     complete the financial and economic literacy passport, including:
116          (A) a financial and economic literacy endorsement on the student's diploma of
117     graduation;
118          (B) a specific designation on the student's official transcript; and

119          (C) any incentives offered by community partners;
120          (b) more fully integrate existing and new financial and economic literacy education
121     into instruction in kindergarten through grade 12 by:
122          (i) coordinating financial and economic literacy instruction with existing instruction in
123     other areas of the core standards for Utah public schools, such as mathematics and social
124     studies;
125          (ii) using curriculum mapping;
126          (iii) creating training materials and staff development programs that:
127          (A) highlight areas of potential coordination between financial and economic literacy
128     education and other core standards for Utah public schools concepts; and
129          (B) demonstrate specific examples of financial and economic literacy concepts as a
130     way of teaching other core standards for Utah public schools concepts; and
131          (iv) using appropriate financial and economic literacy assessments to improve financial
132     and economic literacy education and, if necessary, developing assessments;
133          (c) work with interested public, private, and nonprofit entities to:
134          (i) identify, and make available to teachers, online resources for financial and
135     economic literacy education, including modules with interactive activities and turnkey
136     instructor resources;
137          (ii) coordinate school use of existing financial and economic literacy education
138     resources;
139          (iii) develop simple, clear, and consistent messaging to reinforce and link existing
140     financial literacy resources;
141          (iv) coordinate the efforts of school, work, private, nonprofit, and other financial
142     education providers in implementing methods of appropriately communicating to teachers,
143     students, and parents key financial and economic literacy messages; and
144          (v) encourage parents and students to establish higher education savings, including a
145     Utah Educational Savings Plan account;
146          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
147     make rules to develop guidelines and methods for school districts and charter schools to more
148     fully integrate financial and economic literacy education into other core standards for Utah
149     public schools courses;

150          (e) (i) contract with a provider, through a request for proposals process, to develop an
151     online, end-of-course assessment for the general financial literacy course;
152          (ii) require a school district or charter school to administer an online, end-of-course
153     assessment to a student who takes the general financial literacy course; and
154          (iii) develop a plan, through the state superintendent of public instruction, to analyze
155     the results of an online, end-of-course assessment in general financial literacy that includes:
156          (A) an analysis of assessment results by standard; and
157          (B) average scores statewide and by school district and school; and
158          (f) in cooperation with school districts, charter schools, and interested private and
159     nonprofit entities, provide opportunities for professional development in financial and
160     economic literacy to teachers, including:
161          (i) a statewide learning community for financial and economic literacy;
162          (ii) summer workshops; and
163          (iii) online videos of experts in the field of financial and economic literacy education[;
164     and].
165          [(g) implement a teacher endorsement in general financial literacy that includes course
166     work in financial planning, credit and investing, consumer economics, personal budgeting, and
167     family economics.]
168          (3) (a) The State Board of Education shall establish a task force to study and make
169     recommendations to the board on how to improve financial and economic literacy education in
170     the public school system.
171          (b) The task force membership shall include representatives of:
172          (i) the State Board of Education;
173          (ii) school districts and charter schools;
174          (iii) the State Board of Regents; and
175          (iv) private or public entities that teach financial education and share a commitment to
176     empower individuals and families to achieve economic stability, opportunity, and upward
177     mobility.
178          [(c) In 2013, the task force shall:]
179          [(i) review and recommend modifications to the course standards and objectives of the
180     general financial literacy course described in Section 53E-4-204 to ensure the course standards

181     and objectives reflect current and relevant content consistent with the financial and economic
182     literacy concepts listed in Subsection (1)(b);]
183          [(ii) study the development of an online assessment of students' competency in
184     financial and economic literacy that may be used to:]
185          [(A) measure student learning growth and proficiency in financial and economic
186     literacy; and]
187          [(B) assess the effectiveness of instruction in financial and economic literacy;]
188          [(iii) consider the development of a rigorous, online only, course to fulfill the general
189     financial literacy curriculum and graduation requirements specified in Section 53E-4-204;]
190          [(iv) identify opportunities for teaching financial and economic literacy through an
191     integrated school curriculum and in the regular course of school work;]
192          [(v) study and make recommendations for educator license endorsements for teachers
193     of financial and economic literacy;]
194          [(vi) identify efficient and cost-effective methods of delivering professional
195     development in financial and economic literacy content and instructional methods; and]
196          [(vii) study how financial and economic literacy education may be enhanced through
197     community partnerships.]
198          [(d)] (c) The task force shall reconvene every three years to review and recommend
199     adjustments to the standards and objectives of the general financial literacy course.
200          [(e) The State Board of Education shall make a report to the Education Interim
201     Committee no later than the committee's November 2013 meeting summarizing the findings
202     and recommendations of the task force and actions taken by the board in response to the task
203     force's findings and recommendations.]
204          Section 2. Section 53E-6-102 is amended to read:
205          53E-6-102. Definitions.
206          As used in this chapter:
207          [(1) "Accredited institution" means an institution meeting the requirements of Section
208     53E-6-302.]
209          [(2) (a) "Alternative preparation program" means preparation for licensure in
210     accordance with applicable law and rule through other than an approved preparation program.]
211          [(b) "Alternative preparation program" includes the competency-based licensing

212     program described in Section 53E-6-306.]
213          [(3) "Ancillary requirement" means a requirement established by law or rule in addition
214     to completion of an approved preparation program or alternative education program or
215     establishment of eligibility under the NASDTEC Interstate Contract, and may include any of
216     the following:]
217          [(a) minimum grade point average;]
218          [(b) standardized testing or assessment;]
219          [(c) mentoring;]
220          [(d) recency of professional preparation or experience;]
221          [(e) graduation from an accredited institution; or]
222          [(f) evidence relating to moral, ethical, physical, or mental fitness.]
223          [(4) "Approved preparation program" means a program for preparation of educational
224     personnel offered through an accredited institution in Utah or in a state which is a party to a
225     contract with Utah under the NASDTEC Interstate Contract and which, at the time the program
226     was completed by the applicant:]
227          [(a) was approved by the governmental agency responsible for licensure of educators in
228     the state in which the program was provided;]
229          [(b) satisfied requirements for licensure in the state in which the program was
230     provided;]
231          [(c) required completion of a baccalaureate; and]
232          [(d) included a supervised field experience.]
233          [(5) "Board" means the State Board of Education.]
234          (1) "Board" means the State Board of Education.
235          [(6)] (2) "Certificate" means a license issued by a governmental jurisdiction outside the
236     state.
237          [(7) "Core academic subjects" means English, reading or language arts, mathematics,
238     science, foreign languages, civics and government, economics, arts, history, and geography.]
239          [(8)] (3) "Educator" means:
240          (a) a person who holds a license;
241          (b) a teacher, counselor, administrator, librarian, or other person required, under rules
242     of the board, to hold a license; or

243          (c) a person who is the subject of an allegation which has been received by the board or
244     UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a
245     position requiring licensure.
246          [(9) (a) "Endorsement" means a stipulation appended to a license setting forth the areas
247     of practice to which the license applies.]
248          [(b) An endorsement shall be issued upon completion of a competency-based teacher
249     preparation program from a regionally accredited university that meets state content standards.]
250          [(10) "License" means an authorization issued by the board which permits the holder to
251     serve in a professional capacity in the public schools. The five levels of licensure are:]
252          [(a) "letter of authorization," which is:]
253          [(i) a temporary license issued to a person who has not completed requirements for a
254     competency-based, or level 1, 2, or 3 license, such as:]
255          [(A) a student teacher; or]
256          [(B) a person participating in an alternative preparation program; or]
257          [(ii) a license issued, pursuant to board rules, to a person who has achieved eminence,
258     or has outstanding qualifications, in a field taught in public schools;]
259          [(b) "competency-based license" which is issued to a teacher based on the teacher's
260     demonstrated teaching skills and abilities;]
261          [(c) "level 1 license," which is a license issued upon completion of:]
262          [(i) a competency-based teacher preparation program from a regionally accredited
263     university; or]
264          [(ii) an approved preparation program or an alternative preparation program, or
265     pursuant to an agreement under the NASDTEC Interstate Contract, to candidates who have
266     also met all ancillary requirements established by law or rule;]
267          [(d) "level 2 license," which is a license issued after satisfaction of all requirements for
268     a level 1 license as well as any additional requirements established by law or rule relating to
269     professional preparation or experience; and]
270          [(e) "level 3 license," which is a license issued to an educator who holds a current Utah
271     level 2 license and has also received, in the educator's field of practice, National Board
272     certification or a doctorate from an accredited institution.]
273          [(11) "NASDTEC" means the National Association of State Directors of Teacher

274     Education and Certification.]
275          [(12) "NASDTEC Interstate Contract" means the contract implementing Part 10,
276     Compact for Interstate Qualification of Educational Personnel, which is administered through
277     NASDTEC.]
278          (4) "License" means an authorization issued by the board that permits the holder to
279     serve in a professional capacity in the public schools.
280          [(13)] (5) "National Board certification" means a current certificate issued by the
281     National Board for Professional Teaching Standards.
282          [(14)] (6) "Rule" means an administrative rule adopted by the board under Title 63G,
283     Chapter 3, Utah Administrative Rulemaking Act.
284          [(15)] (7) "School" means a public or private entity [which] that provides educational
285     services to a minor child.
286          [(16)] (8) "UPPAC" means the Utah Professional Practices Advisory Commission.
287          Section 3. Section 53E-6-201 is amended to read:
288          53E-6-201. Board licensure.
289          [(1) (a) The board may issue licenses for educators.]
290          [(b) A person employed in a position that requires licensure by the board shall hold the
291     appropriate license.]
292          (1) To be fully implemented by July 1, 2020, and, if technology and funds are
293     available, the board shall establish in rule a system for educator licensing that includes:
294          (a) an associate educator license that permits an individual to provide educational
295     services in a public school while working to meet the requirements of a professional educator
296     license;
297          (b) a professional educator license that permits an individual to provide educational
298     services in a public school after demonstrating that the individual meets licensure requirements
299     established in board rule; and
300          (c) an LEA-specific educator license issued by the board at the request of an LEA's
301     governing body that is valid for an individual to provide educational services in the requesting
302     LEA's schools.
303          (2) An individual employed in a position that requires licensure by the board shall hold
304     the license that is appropriate to the position.

305          [(2)] (3) (a) The board may by rule rank, endorse, or otherwise classify licenses and
306     establish the criteria for obtaining [and], retaining, and reinstating licenses.
307          [(b) (i) The board shall make rules requiring participation in professional development
308     activities or compliance with a school district professional development plan as provided in
309     Subsection (4) in order for educators to retain their licenses.]
310          [(ii)] (b) An educator who is enrolling in a course of study at an institution within the
311     state system of higher education to satisfy the [professional development requirements of
312     Subsection (2)(b)(i)] board requirements for retaining a license is exempt from tuition, except
313     for a semester registration fee established by the State Board of Regents, if:
314          [(A)] (i) the educator is enrolled on the basis of surplus space in the class after
315     regularly enrolled students have been assigned and admitted to the class in accordance with
316     regular procedures, normal teaching loads, and the institution's approved budget; and
317          [(B)] (ii) enrollments are determined by each institution under rules and guidelines
318     established by the State Board of Regents in accordance with findings of fact that space is
319     available for the educator's enrollment.
320          [(3) Except as provided in Subsection (4), unless suspended or revoked by the board,
321     or surrendered by the educator:]
322          [(a) a letter of authorization is valid for one year, or a shorter period as specified by the
323     board, subject to renewal by the board in accordance with board rules;]
324          [(b) a competency-based license remains valid;]
325          [(c) a level 1 license is valid for three years, subject to renewal by the board in
326     accordance with board rules;]
327          [(d) a level 2 license is valid for five years, subject to renewal by the board in
328     accordance with board rules; and]
329          [(e) a level 3 license is valid for seven years, subject to renewal by the board in
330     accordance with board rules.]
331          [(4) Unless suspended or revoked by the board, or surrendered by the educator, a level
332     1, level 2, level 3, or competency-based license shall remain valid if:]
333          [(a) the license holder is employed by a school district that has a comprehensive
334     program to maintain and improve educators' skills in which performance standards, educator
335     evaluation, and professional development are integrated; and]

336          [(b) the license holder complies with school or school district professional
337     development requirements.]
338          Section 4. Section 53E-6-302 is amended to read:
339          53E-6-302. Teacher preparation programs.
340          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
341     board shall make rules that establish standards for approval of a preparation program [or an
342     alternative preparation program].
343          (2) The board shall ensure that standards adopted under Subsection (1) meet or exceed
344     generally recognized national standards for preparation of educators[, such as those developed
345     by the:].
346          [(a) Interstate New Teacher Assessment and Support Consortium;]
347          [(b) National Board for Professional Teaching Standards; or]
348          [(c) Council for the Accreditation of Educator Preparation.]
349          (3) The board shall designate an employee of the board's staff to:
350          (a) work with education deans of state institutions of higher education to coordinate
351     on-site monitoring of teacher preparation programs that may include:
352          (i) monitoring courses for teacher preparation programs;
353          (ii) working with course instructors for teacher preparation programs; and
354          (iii) interviewing students admitted to teacher preparation programs;
355          (b) act as a liaison between:
356          (i) the board;
357          (ii) local school boards or charter school governing boards; and
358          (iii) representatives of teacher preparation programs; and
359          (c) report the employee's findings and recommendations for the improvement of
360     teacher preparation programs to:
361          (i) the board; and
362          (ii) education deans of state institutions of higher education.
363          (4) The board shall:
364          (a) in good faith, consider the findings and recommendations described in Subsection
365     (3)(c); and
366          (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,

367     make rules, as the board determines is necessary, to implement recommendations described in
368     Subsection (3)(c).
369          Section 5. Section 53E-6-702 is amended to read:
370          53E-6-702. Reimbursement of legal fees and costs to educators.
371          (1) As used in this section:
372          (a) "Action" means any action, except those referred to in Section 52-6-201, brought
373     against an educator by an individual or entity other than:
374          (i) the entity who licenses the educator; and
375          (ii) the [school district] LEA that employs the educator or employed the educator at the
376     time of the alleged act or omission.
377          (b) "Educator" means an individual who holds or is required to hold a license [under
378     this chapter] as defined by the board and is employed by [a school district] an LEA located
379     within the state.
380          (c) ["School district" includes the] "LEA" means a school district, charter school, or the
381     Utah Schools for the Deaf and the Blind [and the state's applied technology centers].
382          (2) Except as otherwise provided in Section 52-6-201, an educator is entitled to recover
383     reasonable attorneys' fees and costs incurred in the educator's defense against an individual or
384     entity who initiates an action against the educator if:
385          (a) the action is brought for any act or omission of the educator during the performance
386     of the educator's duties within the scope of the educator's employment; and
387          (b) it is dismissed or results in findings favorable to the educator.
388          (3) An educator who recovers under this section is also entitled to recover reasonable
389     attorneys' fees and costs necessarily incurred by the educator in recovering the attorneys' fees
390     and costs allowed under Subsection (2).
391          Section 6. Section 53E-6-902 is amended to read:
392          53E-6-902. Teacher leaders.
393          (1) As used in this section, "teacher" means an educator who has an assignment to
394     teach in a classroom.
395          (2) There is created the role of a teacher leader to:
396          (a) work with a student teacher and a teacher who supervises a student teacher;
397          (b) assist with the training of a recently hired teacher; and

398          (c) support school-based professional learning.
399          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
400     board[:(a)] shall make rules that:
401          [(i)] (a) define the role of a teacher leader, including the functions described in
402     Subsection (2); and
403          [(ii)] (b) establish the minimum criteria for a teacher to qualify as a teacher leader[;
404     and].
405          [(b) may make rules that create an endorsement for a teacher leader.]
406          [(4) A school district or charter school may assign a teacher to a teacher leader position
407     without a teacher leader endorsement.]
408          [(5) (a)] (4) The board shall solicit recommendations from school districts and
409     educators regarding:
410          [(i)] (a) appropriate resources to provide a teacher leader; and
411          [(ii)] (b) appropriate ways to compensate a teacher leader.
412          [(b) The board shall report the board's findings and recommendations described in
413     Subsection (5) (4)(a) to the Education Interim Committee on or before the committee's
414     November 2016 interim meeting.]
415          Section 7. Section 53E-10-301 is amended to read:
416          53E-10-301. Definitions.
417          (1) "Concurrent enrollment" means enrollment in a course offered through the
418     concurrent enrollment program described in Section 53E-10-302.
419          (2) "Educator" means the same as that term is defined in Section 53E-6-102.
420          (3) "Eligible instructor" means an instructor who is:
421          (a) employed as faculty by an institution of higher education; or
422          (b) (i) employed by an LEA;
423          (ii) licensed by the State Board of Education under Chapter 6, Education Professional
424     Licensure;
425          (iii) (A) approved as adjunct faculty by an institution of higher education; or
426          (B) a mathematics educator who has an upper level mathematics [endorsement]
427     credential issued by the State Board of Education; and
428          (iv) supervised by an institution of higher education.

429          (4) "Eligible student" means a student who:
430          (a) is enrolled in, and counted in average daily membership in, a high school within the
431     state;
432          (b) has a plan for college and career readiness, as described in Section 53E-2-304, on
433     file at a high school within the state; and
434          (c) (i) is a grade 11 or grade 12 student; or
435          (ii) is a grade 9 or grade 10 student who qualifies by exception as described in Section
436     53E-10-302.
437          [(5) "Endorsement" means a stipulation, authorized by the State Board of Education
438     and appended to a license, that specifies an area of practice to which the license applies.]
439          [(6)] (5) "Institution of higher education" means the same as that term is defined in
440     Section 53B-3-102.
441          [(7)] (6) "License" means the same as that term is defined in Section 53E-6-102.
442          [(8)] (7) "Local education agency" or "LEA" means a school district or charter school.
443          [(9)] (8) "Participating eligible student" means an eligible student enrolled in a
444     concurrent enrollment course.
445          [(10) "Upper level mathematics endorsement" means an endorsement required by the
446     State Board of Education for an educator to teach calculus.]
447          [(11)] (9) "Value of the weighted pupil unit" means the same as that term is defined in
448     Section 53F-4-301.
449          Section 8. Section 53F-2-310 is amended to read:
450          53F-2-310. Stipends for special educators for additional days of work.
451          (1) As used in this section:
452          (a) "IEP" means an individualized education program developed pursuant to the
453     Individuals with Disabilities Education Improvement Act of 2004, as amended.
454          (b) "Special education teacher" means a teacher whose primary assignment is the
455     instruction of students with disabilities who are eligible for special education services.
456          (c) "Special educator" means a person employed by a school district, charter school, or
457     the Utah Schools for the Deaf and the Blind who holds:
458          (i) a license issued [under Title 53E, Chapter 6, Education Professional Licensure] by
459     the State Board of Education; and

460          (ii) a position as a:
461          (A) special education teacher; [or]
462          (B) speech-language pathologist[.]; or
463          (c) teacher of the deaf or hard of hearing;
464          (2) The Legislature shall annually appropriate money for stipends to special educators
465     for additional days of work:
466          (a) in recognition of the added duties and responsibilities assumed by special educators
467     to comply with federal law regulating the education of students with disabilities and the need to
468     attract and retain qualified special educators; and
469          (b) subject to future budget constraints.
470          (3) (a) The State Board of Education shall distribute money appropriated under this
471     section to school districts, charter schools, and the Utah Schools for the Deaf and the Blind for
472     stipends for special educators in the amount of $200 per day for up to 10 additional working
473     days.
474          (b) Money distributed under this section shall include, in addition to the $200 per day
475     stipend, money for the following employer-paid benefits:
476          (i) retirement;
477          (ii) workers' compensation;
478          (iii) Social Security; and
479          (iv) Medicare.
480          (4) A special educator receiving a stipend shall:
481          (a) work an additional day beyond the number of days contracted with the special
482     educator's school district or school for each daily stipend;
483          (b) schedule the additional days of work before or after the school year; and
484          (c) use the additional days of work to perform duties related to the IEP process,
485     including:
486          (i) administering student assessments;
487          (ii) conducting IEP meetings;
488          (iii) writing IEPs;
489          (iv) conferring with parents; and
490          (v) maintaining records and preparing reports.

491          (5) A special educator may:
492          (a) elect to receive a stipend for one to 10 days of additional work; or
493          (b) elect to not receive a stipend.
494          (6) A person who does not hold a full-time position as a special educator is eligible for
495     a partial stipend equal to the percentage of a full-time special educator position the person
496     assumes.
497          Section 9. Section 53F-2-405 is amended to read:
498          53F-2-405. Educator salary adjustments.
499          (1) As used in this section, "educator" means a person employed by a school district,
500     charter school, or the Utah Schools for the Deaf and the Blind who holds:
501          (a) a license issued [under Title 53E, Chapter 6, Education Professional Licensure;
502     and] by the State Board of Education; and
503          (b) a position as a:
504          (i) classroom teacher;
505          (ii) speech pathologist;
506          (iii) librarian or media specialist;
507          (iv) preschool teacher;
508          (v) mentor teacher;
509          (vi) teacher specialist or teacher leader;
510          (vii) guidance counselor;
511          (viii) audiologist;
512          (ix) psychologist; or
513          (x) social worker.
514          (2) In recognition of the need to attract and retain highly skilled and dedicated
515     educators, the Legislature shall annually appropriate money for educator salary adjustments,
516     subject to future budget constraints.
517          (3) Money appropriated to the State Board of Education for educator salary
518     adjustments shall be distributed to school districts, charter schools, and the Utah Schools for
519     the Deaf and the Blind in proportion to the number of full-time-equivalent educator positions
520     in a school district, a charter school, or the Utah Schools for the Deaf and the Blind as
521     compared to the total number of full-time-equivalent educator positions in school districts,

522     charter schools, and the Utah Schools for the Deaf and the Blind.
523          (4) A school district, a charter school, or the Utah Schools for the Deaf and the Blind
524     shall award bonuses to educators as follows:
525          (a) the amount of the salary adjustment shall be the same for each full-time-equivalent
526     educator position in the school district, charter school, or the Utah Schools for the Deaf and the
527     Blind;
528          (b) an individual who is not a full-time educator shall receive a partial salary adjustment
529     based on the number of hours the individual works as an educator; and
530          (c) a salary adjustment may be awarded only to an educator who has received a
531     satisfactory rating or above on the educator's most recent evaluation.
532          (5) The State Board of Education may make rules as necessary to administer this
533     section, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
534          (6) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
535     money each year to:
536          (i) maintain educator salary adjustments provided in prior years; and
537          (ii) provide educator salary adjustments to new employees.
538          (b) Money appropriated for educator salary adjustments shall include money for the
539     following employer-paid benefits:
540          (i) retirement;
541          (ii) worker's compensation;
542          (iii) social security; and
543          (iv) Medicare.
544          (7) (a) Subject to future budget constraints, the Legislature shall:
545          (i) maintain the salary adjustments provided to school administrators in the 2007-08
546     school year; and
547          (ii) provide salary adjustments for new school administrators in the same amount as
548     provided for existing school administrators.
549          (b) The appropriation provided for educator salary adjustments shall include salary
550     adjustments for school administrators as specified in Subsection (7)(a).
551          (c) In distributing and awarding salary adjustments for school administrators, the State
552     Board of Education, a school district, a charter school, or the Utah Schools for the Deaf and the

553     Blind shall comply with the requirements for the distribution and award of educator salary
554     adjustments as provided in Subsections (3) and (4).
555          Section 10. Section 53F-5-203 is amended to read:
556          53F-5-203. Interventions for Reading Difficulties Pilot Program.
557          (1) As used in this section:
558          (a) "Board" means the State Board of Education.
559          (b) "Dyslexia" means a specific learning disability that is neurological in origin and
560     characterized by difficulties with accurate or fluent word recognition and by poor spelling and
561     decoding abilities that typically result from a deficit in the phonological component of language
562     that is often unexpected in relation to other cognitive abilities and the provision of effective
563     classroom instruction.
564          [(c) "Endorsement" means the same as that term is defined in Section 53E-6-102.]
565          [(d)] (c) "Local education agency" or "LEA" means:
566          (i) a school district;
567          (ii) a charter school; or
568          (iii) the Utah Schools for the Deaf and the Blind.
569          [(e)] (d) "Multi-Tier System of Supports" or "MTSS" means a framework integrating
570     assessment and intervention that:
571          (i) provides increasingly intensive interventions for students at risk for or experiencing
572     reading difficulties, including:
573          (A) tier II interventions that, in addition to standard classroom reading, provide
574     supplemental and targeted small group instruction in reading using evidence-based curricula;
575     and
576          (B) tier III interventions that address the specific needs of students who are the most at
577     risk or who have not responded to tier II interventions by providing frequent, intensive, and
578     targeted small group instruction using evidence-based curricula; and
579          (ii) is developed to:
580          (A) maximize student achievement;
581          (B) reduce behavior problems; and
582          (C) increase long-term success.
583          [(f)] (e) "Program" means the Interventions for Reading Difficulties Pilot Program.

584          [(g)] (f) "Reading difficulty" means an impairment, including dyslexia, that negatively
585     affects a student's ability to learn to read.
586          (2) There is created the Interventions for Reading Difficulties Pilot Program to provide:
587          (a) specific evidence-based literacy interventions using an MTSS for students in
588     kindergarten through grade 5 who are at risk for or experiencing a reading difficulty, including
589     dyslexia; and
590          (b) professional development to educators who provide the literacy interventions
591     described in Subsection (2)(a).
592          (3) (a) An LEA may submit a proposal to the board to participate in the program.
593          (b) An LEA proposal described in Subsection (3)(a) shall:
594          (i) specify:
595          (A) a range of current benchmark assessment in reading scores described in Section
596     53E-4-307 that the LEA will use to determine whether a student is at risk for a reading
597     difficulty; and
598          (B) other reading difficulty risk factors that the LEA will use to determine whether a
599     student is at risk for a reading difficulty;
600          (ii) describe the LEA's existing reading program;
601          (iii) describe the LEA's MTSS approach; and
602          (iv) include any other information requested by the board.
603          (c) The board may:
604          (i) specify the format for an LEA proposal; and
605          (ii) set a deadline for an LEA to submit a proposal.
606          (4) The board shall:
607          (a) define criteria for selecting an LEA to participate in the program;
608          (b) during fiscal year 2016, select five LEAs to participate in the program:
609          (i) on a competitive basis; and
610          (ii) using criteria described in Subsection (4)(a); and
611          (c) provide each LEA, selected as described in Subsection (4)(b), up to $30,000 per
612     school within the LEA.
613          (5) During fiscal years 2017, 2018, and 2019, if funding allows, the board may select
614     additional LEAs to participate in the program.

615          (6) An LEA that participates in the program:
616          (a) shall, beginning with the 2016-17 school year, provide the interventions described
617     in Subsection (7)(c) from the time the LEA is selected until the end of the 2018-19 school year;
618     and
619          (b) may provide the professional development described in Subsections (8)(a) and (b)
620     beginning in fiscal year 2016.
621          (7) An LEA that participates in the program shall:
622          (a) select at least one school in the LEA to participate in the program;
623          (b) identify students in kindergarten through grade 5 for participation in the program
624     by:
625          (i) using current benchmark assessment in reading scores as described in Section
626     53E-4-307; and
627          (ii) considering other reading difficulty risk factors identified by the LEA;
628          (c) provide interventions for each student participating in the program using an MTSS
629     implemented by an educator trained in evidence-based interventions;
630          (d) include the LEA's proposal submitted under Subsection (3)(b) in the reading
631     achievement plan described in Section 53E-4-306 for each school in the LEA that participates
632     in the program; and
633          (e) report annually to the board on:
634          (i) individual student outcomes in changes in reading ability;
635          (ii) school level outcomes; and
636          (iii) any other information requested by the board.
637          (8) Subject to funding for the program, an LEA may use the funds described in
638     Subsection (4)(c) for the following purposes:
639          (a) to provide for ongoing professional development in evidence-based literacy
640     interventions;
641          (b) to support educators in earning a reading interventionist [endorsement] credential
642     that prepares teachers to provide a student who is at risk for or experiencing reading difficulty,
643     including dyslexia, with reading intervention that is:
644          (i) explicit;
645          (ii) systematic; and

646          (iii) targeted to a student's specific reading difficulty; and
647          (c) to implement the program.
648          (9) The board shall contract with an independent evaluator to evaluate the program on:
649          (a) whether the program improves reading outcomes for a student who receives the
650     interventions described in Subsection (7)(c);
651          (b) whether the program may reduce future special education costs; and
652          (c) any other student or school achievement outcomes requested by the board.
653          (10) (a) The board shall make a final report on the program to the Education Interim
654     Committee on or before November 1, 2018.
655          (b) In the final report described in Subsection (10)(a), the board shall include the
656     results of the evaluation described in Subsection (9).
657          Section 11. Section 53F-5-205 is amended to read:
658          53F-5-205. Paraeducator to Teacher Scholarship Program -- Grants for math
659     teacher training programs.
660          (1) (a) The terms defined in Section 53E-6-102 apply to this section.
661          (b) As used in this section, "paraeducator" means a school employee who:
662          (i) delivers instruction under the direct supervision of a teacher; and
663          (ii) works in an area where there is a shortage of qualified teachers, such as special
664     education, Title I, ESL, reading remediation, math, or science.
665          (2) The Paraeducator to Teacher Scholarship Program is created to award scholarships
666     to paraeducators for education and training to become licensed teachers.
667          (3) The State Board of Education shall use money appropriated for the Paraeducator to
668     Teacher Scholarship Program to award scholarships of up to $5,000 to paraeducators employed
669     by school districts and charter schools who are pursuing an associate's degree or bachelor's
670     degree program to become a licensed teacher.
671          (4) A paraeducator is eligible to receive a scholarship if:
672          (a) the paraeducator is employed by a school district or charter school;
673          (b) is admitted to, or has made an application to, an associate's degree program or
674     bachelor's degree program that will prepare the paraeducator for teacher licensure; and
675          (c) the principal at the school where the paraeducator is employed has nominated the
676     paraeducator for a scholarship.

677          (5) (a) The State Board of Education shall establish a committee to select scholarship
678     recipients from nominations submitted by school principals.
679          (b) The committee shall include representatives of the State Board of Education, State
680     Board of Regents, and the general public, excluding school district and charter school
681     employees.
682          (c) A member may not receive compensation or benefits for the member's service, but
683     may receive per diem and travel expenses in accordance with:
684          (i) Section 63A-3-106;
685          (ii) Section 63A-3-107; and
686          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
687     63A-3-107.
688          (d) The committee shall select scholarship recipients based on the following criteria:
689          (i) test scores, grades, or other evidence demonstrating the applicant's ability to
690     successfully complete a teacher education program; and
691          (ii) the applicant's record of success as a paraeducator.
692          (6) The maximum scholarship amount is $5,000.
693          (7) Scholarship money may only be used to pay for tuition costs:
694          (a) of:
695          (i) an associate's degree program that fulfills credit requirements for the first two years
696     of a bachelor's degree program leading to teacher licensure; or
697          (ii) the first two years of a bachelor's degree program leading to teacher licensure; and
698          (b) at a higher education institution:
699          (i) located in Utah; and
700          (ii) accredited by the Northwest Commission on Colleges and Universities.
701          (8) A scholarship recipient must be continuously employed as a paraeducator by a
702     school district or charter school while pursuing a degree using scholarship money.
703          (9) The State Board of Education shall make rules in accordance with this section and
704     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer the Paraeducator to
705     Teacher Scholarship Program, including rules establishing:
706          (a) scholarship application procedures;
707          (b) the number of, and qualifications for, committee members who select scholarship

708     recipients; and
709          (c) procedures for distributing scholarship money.
710          (10) If the state obtains matching funds of equal sums from private contributors, the
711     board may award grants to institutions of higher education or nonprofit educational
712     organizations for programs that provide:
713          (a) mentoring and training leading to a secondary education license with [an
714     endorsement] a certificate in mathematics for an individual who:
715          (i) is not a teacher in a public or private school;
716          (ii) does not have a teaching license;
717          (iii) has a bachelor's degree or higher; and
718          (iv) demonstrates a high level of mathematics competency by:
719          (A) successfully completing substantial course work in mathematics; and
720          (B) passing a mathematics content exam; or
721          (b) a stipend, professional development, and leadership opportunities to an experienced
722     mathematics teacher who demonstrates high content knowledge and exemplary teaching and
723     leadership skills to assist the teacher in becoming a teacher leader.
724          (11) (a) The board shall make rules in accordance with Title 63G, Chapter 3, Utah
725     Administrative Rulemaking Act, that establish criteria for awarding grants under this section.
726          (b) In awarding grants, the board shall consider the amount or percent of matching
727     funds provided by the grant recipient.
728          Section 12. Section 53G-4-301 is amended to read:
729          53G-4-301. Superintendent of schools -- Appointment -- Qualifications-- Term --
730     Compensation.
731          (1) Subject to Subsection [(8)] (7), a local school board shall appoint a district
732     superintendent of schools who serves as the local school board's chief executive officer.
733          (2) A local school board shall appoint the superintendent on the basis of outstanding
734     professional qualifications.
735          (3) (a) A superintendent's term of office is for two years and until, subject to
736     Subsection [(8)] (7), a successor is appointed and qualified.
737          (b) A local school board that appoints a superintendent in accordance with this section
738     may not, on or after May 10, 2011, enter into an employment contract that contains an

739     automatic renewal provision with the superintendent.
740          (4) Unless a vacancy occurs during an interim vacancy period subject to Subsection
741     [(8)] (7), if it becomes necessary to appoint an interim superintendent due to a vacancy in the
742     office of superintendent, the local school board shall make an appointment during a public
743     meeting for an indefinite term not to exceed one year, which term shall end upon the
744     appointment and qualification of a new superintendent.
745          [(5) (a) The superintendent shall hold an administrative/supervisory license issued by
746     the State Board of Education, except as otherwise provided in Subsection (5)(b).]
747          [(b) At the request of a local school board, the State Board of Education shall grant a
748     letter of authorization permitting a person with outstanding professional qualifications to serve
749     as superintendent without holding an administrative/supervisory license.]
750          [(6)] (5) A local school board shall set the superintendent's compensation for services.
751          [(7)] (6) A superintendent qualifies for office by taking the constitutional oath of
752     office.
753          [(8)] (7) (a) As used in this Subsection [(8)] (7), "interim vacancy period" means the
754     period of time that:
755          (i) begins on the day on which a general election described in Section 20A-1-202 is
756     held to elect a member of a local school board; and
757          (ii) ends on the day on which the member-elect begins the member's term.
758          (b) (i) The local school board may not appoint a superintendent during an interim
759     vacancy period.
760          (ii) Notwithstanding Subsection [(8)] (7)(b)(i):
761          (A) the local school board may appoint an interim superintendent during an interim
762     vacancy period; and
763          (B) the interim superintendent's term shall expire once a new superintendent is
764     appointed by the new local school board after the interim vacancy period has ended.
765          (c) Subsection [(8)] (7)(b) does not apply if all the local school board members who
766     held office on the day of the general election whose term of office was vacant for the election
767     are re-elected to the local school board for the following term.
768          Section 13. Section 53G-5-407 is amended to read:
769          53G-5-407. Employees of charter schools.

770          (1) A charter school shall select its own employees.
771          (2) The school's governing board shall determine the level of compensation and all
772     terms and conditions of employment, except as otherwise provided in Subsections (7) and (8)
773     and under this chapter and other related provisions.
774          (3) The following statutes governing public employees and officers do not apply to a
775     charter school:
776          (a) Chapter 11, Part 5, School District and [Utah Schools for the Deaf and the Blind]
777     USDB Employee Requirements; and
778          (b) Title 52, Chapter 3, Prohibiting Employment of Relatives.
779          (4) (a) To accommodate differentiated staffing and better meet student needs, a charter
780     school, under rules adopted by the State Board of Education, shall employ teachers who[:(i)]
781     are licensed[; or].
782          [(ii) on the basis of demonstrated competency, would qualify to teach under alternative
783     certification or authorization programs.]
784          (b) The school's governing board shall disclose the qualifications of its teachers to the
785     parents of its students.
786          (5) State Board of Education rules governing the licensing or certification of
787     administrative and supervisory personnel do not apply to charter schools.
788          (6) (a) An employee of a school district may request a leave of absence in order to
789     work in a charter school upon approval of the local school board.
790          (b) While on leave, the employee may retain seniority accrued in the school district and
791     may continue to be covered by the benefit program of the district if the charter school and the
792     locally elected school board mutually agree.
793          (7) (a) A proposed or authorized charter school may elect to participate as an employer
794     for retirement programs under:
795          (i) Title 49, Chapter 12, Public Employees' Contributory Retirement Act;
796          (ii) Title 49, Chapter 13, Public Employees' Noncontributory Retirement Act; and
797          (iii) Title 49, Chapter 22, New Public Employees' Tier II Contributory Retirement Act.
798          (b) An election under this Subsection (7):
799          (i) shall be documented by a resolution adopted by the governing board of the charter
800     school; and

801          (ii) applies to the charter school as the employer and to all employees of the charter
802     school.
803          (c) The governing board of a charter school may offer employee benefit plans for its
804     employees:
805          (i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
806     or
807          (ii) under any other program.
808          (8) A charter school may not revoke an election to participate made under Subsection
809     (7).
810          (9) The governing board of a charter school shall ensure that, prior to the beginning of
811     each school year, each of its employees signs a document acknowledging that the employee:
812          (a) has received:
813          (i) the disclosure required under Section 63A-4-204.5 if the charter school participates
814     in the Risk Management Fund; or
815          (ii) written disclosure similar to the disclosure required under Section 63A-4-204.5 if
816     the charter school does not participate in the Risk Management Fund; and
817          (b) understands the legal liability protection provided to the employee and what is not
818     covered, as explained in the disclosure.
819          Section 14. Section 53G-9-704 is amended to read:
820          53G-9-704. Youth suicide prevention training for employees.
821          (1) A school district or charter school shall require a licensed employee to complete a
822     minimum of two hours of professional development training on youth suicide prevention
823     [within the employee's license cycle described in Section 53E-6-201] every three years.
824          (2) The board shall:
825          (a) develop or adopt sample materials to be used by a school district or charter school
826     for professional development training on youth suicide prevention; and
827          (b) in rule made in accordance with Title 63G, Chapter 3, Utah Administrative
828     Rulemaking Act, incorporate the training described in Subsection (1) into professional
829     development training described in Section 53E-6-201.
830          Section 15. Section 53G-11-501 is amended to read:
831          53G-11-501. Definitions.

832          As used in this part:
833          (1) "Administrator" means an individual who[:] supervises educators and holds an
834     appropriate license issued by the State Board of Education.
835          [(a) serves in a position that requires:]
836          [(i) an educator license with an administrative area of concentration; or]
837          [(ii) a letter of authorization described in Section 53G-4-301 or 53E-6-304; and]
838          [(b) supervises school administrators or teachers.]
839          (2) "Career educator" means a licensed employee who has a reasonable expectation of
840     continued employment under the policies of a local school board.
841          (3) "Career employee" means an employee of a school district who has obtained a
842     reasonable expectation of continued employment based upon Section 53G-11-503 and an
843     agreement with the employee or the employee's association, district practice, or policy.
844          (4) "Contract term" or "term of employment" means the period of time during which an
845     employee is engaged by the school district under a contract of employment, whether oral or
846     written.
847          (5) "Dismissal" or "termination" means:
848          (a) termination of the status of employment of an employee;
849          (b) failure to renew or continue the employment contract of a career employee beyond
850     the then-current school year;
851          (c) reduction in salary of an employee not generally applied to all employees of the
852     same category employed by the school district during the employee's contract term; or
853          (d) change of assignment of an employee with an accompanying reduction in pay,
854     unless the assignment change and salary reduction are agreed to in writing.
855          (6) "Educator" means an individual employed by a school district who is required to
856     hold a professional license issued by the State Board of Education, except:
857          (a) a superintendent; or
858          (b) an individual who works less than thrree hours per day or is hired for less than half
859     of a school year.
860          (7) (a) "Employee" means a career or provisional employee of a school district, except
861     as provided in Subsection (7)(b).
862          (b) Excluding Section 53G-11-518, for purposes of this part, "employee" does not

863     include:
864          (i) a district superintendent or the equivalent at the Utah Schools for the Deaf and the
865     Blind;
866          (ii) a district business administrator or the equivalent at the Utah Schools for the Deaf
867     and the Blind; or
868          (iii) a temporary employee.
869          (8) "Last-hired, first-fired layoff policy" means a staff reduction policy that mandates
870     the termination of an employee who started to work for a district most recently before
871     terminating a more senior employee.
872          (9) "Probationary educator" means an educator employed by a school district who,
873     under local school board policy, has been advised by the school district that the educator's
874     performance is inadequate.
875          (10) "Provisional educator" means an educator employed by a school district who has
876     not achieved status as a career educator within the school district.
877          (11) "Provisional employee" means an individual, other than a career employee or a
878     temporary employee, who is employed by a school district.
879          (12) "School board" or "board" means a district school board or, for the Utah Schools
880     for the Deaf and the Blind, the State Board of Education.
881          (13) "School district" or "district" means:
882          (a) a public school district; or
883          (b) the Utah Schools for the Deaf and the Blind.
884          (14) "Summative evaluation" means the annual evaluation that summarizes an
885     educator's performance during a school year and that is used to make decisions related to the
886     educator's employment.
887          (15) "Temporary employee" means an individual who is employed on a temporary
888     basis as defined by policies adopted by the local board of education. If the class of employees
889     in question is represented by an employee organization recognized by the local board, the board
890     shall adopt the board's policies based upon an agreement with that organization. Temporary
891     employees serve at will and have no expectation of continued employment.
892          (16) (a) "Unsatisfactory performance" means a deficiency in performing work tasks
893     that may be:

894          (i) due to insufficient or undeveloped skills or a lack of knowledge or aptitude; and
895          (ii) remediated through training, study, mentoring, or practice.
896          (b) "Unsatisfactory performance" does not include the following conduct that is
897     designated as a cause for termination under Section 53G-11-512 or a reason for license
898     discipline by the State Board of Education or Utah Professional Practices Advisory
899     Commission:
900          (i) a violation of work rules;
901          (ii) a violation of local school board policies, State Board of Education rules, or law;
902          (iii) a violation of standards of ethical, moral, or professional conduct; or
903          (iv) insubordination.
904          Section 16. Section 53G-11-503 is amended to read:
905          53G-11-503. Career employee status for provisional employees -- Career status
906     in the event of change of position -- Continuation of probationary status when position
907     changes -- Temporary status for extra duty assignments -- Employees not eligible for
908     career status.
909          (1) (a) A provisional employee must work for a school district on at least a half-time
910     basis for three consecutive years to obtain career employee status.
911          (b) A school district may extend the provisional status of an employee up to an
912     additional two consecutive years in accordance with a written policy adopted by the district's
913     school board that specifies the circumstances under which an employee's provisional status
914     may be extended.
915          (2) Policies of an employing school district shall determine the status of a career
916     employee in the event of the following:
917          (a) the employee accepts a position which is substantially different from the position in
918     which career status was achieved; or
919          (b) the employee accepts employment in another school district.
920          (3) If an employee who is under an order of probation or remediation in one
921     assignment in a school district is transferred or given a new assignment in the district, the order
922     shall stand until its provisions are satisfied.
923          (4) An employee who is given extra duty assignments in addition to a primary
924     assignment, such as a teacher who also serves as a coach or activity advisor, is a temporary

925     employee in those extra duty assignments and may not acquire career status beyond the primary
926     assignment.
927          [(5) A person is an at-will employee and is not eligible for career employee status if the
928     person:]
929          [(a) is a teacher who holds a competency-based license pursuant to Section 53E-6-306
930     and does not hold a level 1, 2, or 3 license as defined in Section 53E-6-102; or]
931          [(b) holds an administrative/supervisory letter of authorization pursuant to Section
932     53E-6-304.]
933          Section 17. Section 63G-7-102 is amended to read:
934          63G-7-102. Definitions.
935          As used in this chapter:
936          (1) "Arises out of or in connection with, or results from," when used to describe the
937     relationship between conduct or a condition and an injury, means that:
938          (a) there is some causal relationship between the conduct or condition and the injury;
939          (b) the causal relationship is more than any causal connection but less than proximate
940     cause; and
941          (c) the causal relationship is sufficient to conclude that the injury originates with, flows
942     from, or is incident to the conduct or condition.
943          (2) "Claim" means any asserted demand for or cause of action for money or damages,
944     whether arising under the common law, under state constitutional provisions, or under state
945     statutes, against a governmental entity or against an employee in the employee's personal
946     capacity.
947          (3) (a) "Employee" includes:
948          (i) a governmental entity's officers, employees, servants, trustees, or commissioners;
949          (ii) members of a governing body;
950          (iii) members of a government entity board;
951          (iv) members of a government entity commission;
952          (v) members of an advisory body, officers, and employees of a Children's Justice
953     Center created in accordance with Section 67-5b-102;
954          (vi) student teachers holding a [letter of authorization in accordance with Sections
955     53E-6-102 and 53E-6-201] license issued by the State Board of Education;

956          (vii) educational aides;
957          (viii) students engaged in providing services to members of the public in the course of
958     an approved medical, nursing, or other professional health care clinical training program;
959          (ix) volunteers as defined by Subsection 67-20-2(3); and
960          (x) tutors.
961          (b) "Employee" includes all of the positions identified in Subsection (3)(a), whether or
962     not the individual holding that position receives compensation.
963          (c) "Employee" does not include an independent contractor.
964          (4) "Governmental entity" means the state and its political subdivisions as both are
965     defined in this section.
966          (5) (a) "Governmental function" means each activity, undertaking, or operation of a
967     governmental entity.
968          (b) "Governmental function" includes each activity, undertaking, or operation
969     performed by a department, agency, employee, agent, or officer of a governmental entity.
970          (c) "Governmental function" includes a governmental entity's failure to act.
971          (6) "Injury" means death, injury to a person, damage to or loss of property, or any other
972     injury that a person may suffer to the person or estate, that would be actionable if inflicted by a
973     private person or the private person's agent.
974          (7) "Personal injury" means an injury of any kind other than property damage.
975          (8) "Political subdivision" means any county, city, town, school district, community
976     reinvestment agency, special improvement or taxing district, local district, special service
977     district, an entity created by an interlocal agreement adopted under Title 11, Chapter 13,
978     Interlocal Cooperation Act, or other governmental subdivision or public corporation.
979          (9) "Property damage" means injury to, or loss of, any right, title, estate, or interest in
980     real or personal property.
981          (10) "State" means the state of Utah, and includes each office, department, division,
982     agency, authority, commission, board, institution, hospital, college, university, Children's
983     Justice Center, or other instrumentality of the state.
984          (11) "Willful misconduct" means the intentional doing of a wrongful act, or the
985     wrongful failure to act, without just cause or excuse, where the actor is aware that the actor's
986     conduct will probably result in injury.

987          Section 18. Repealer.
988          This bill repeals:
989          Section 53A-6-105 (Repealed 07/01/18), Licensing fees -- Credit to subfund --
990     Payment of expenses.
991          Section 53E-6-202 (Superseded 07/01/18), Reinstatement of a license.
992          Section 53E-6-202 (Effective 07/01/18), Reinstatement of a license.
993          Section 53E-6-203, Teacher classifications.
994          Section 53E-6-304, Administrative/supervisory letters of authorization.
995          Section 53E-6-305, Alternative preparation program -- Work experience
996     requirement.
997          Section 53E-6-306, Licensing by competency.
998          Section 53E-6-903, JROTC instructors.
999          Section 53E-6-1001, Enactment of compact.
1000          Section 53E-6-1002, Purpose and intent of compact -- Findings.
1001          Section 53E-6-1003, Definitions.
1002          Section 53E-6-1004, Contracts for acceptance of educational personnel.
1003          Section 53E-6-1005, Effect of compact on other state laws and regulations.
1004          Section 53E-6-1006, Agreement by party states.
1005          Section 53E-6-1007, Evaluation of compact.
1006          Section 53E-6-1008, Scope of compact.
1007          Section 53E-6-1009, Effective date -- Withdrawal from compact -- Continuing
1008     obligations.
1009          Section 53E-6-1010, Construction of compact.
1010          Section 53E-6-1011, Superintendent of public instruction as designated state
1011     official.
1012          Section 53E-7-305, Licensing of teachers.