7 LONG TITLE
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:
23 Other Special Clauses:
25 Utah Code Sections Affected:
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
45 53A-6-105 (Repealed 07/01/18), as last amended by Laws of Utah 2017, Chapter 372
46 and repealed by Laws of Utah 2017, Chapter 472
47 53E-6-202 (Superseded 07/01/18), as renumbered and amended by Laws of Utah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
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
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
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
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
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[
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
199 adjustments to the standards and objectives of the general financial literacy course.
204 Section 2. Section 53E-6-102 is amended to read:
205 53E-6-102. Definitions.
206 As used in this chapter:
234 (1) "Board" means the State Board of Education.
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.
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.
281 National Board for Professional Teaching Standards.
283 Chapter 3, Utah Administrative Rulemaking Act.
285 services to a minor child.
287 Section 3. Section 53E-6-201 is amended to read:
288 53E-6-201. Board licensure.
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
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.
306 establish the criteria for obtaining [
311 state system of higher education to satisfy the [
313 for a semester registration fee established by the State Board of Regents, if:
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
318 established by the State Board of Regents in accordance with findings of fact that space is
319 available for the educator's enrollment.
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 [
343 (2) The board shall ensure that standards adopted under Subsection (1) meet or exceed
344 generally recognized national standards for preparation of educators[
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 [
376 time of the alleged act or omission.
377 (b) "Educator" means an individual who holds or is required to hold a license [
379 within the state.
380 (c) [
381 Utah Schools for the Deaf and the Blind [
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
402 Subsection (2); and
409 educators regarding:
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
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 [
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
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
440 Section 53B-3-102.
444 concurrent enrollment course.
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 [
459 the State Board of Education; and
460 (ii) a position as a:
461 (A) special education teacher; [
462 (B) speech-language pathologist[
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
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,
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
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 [
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
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.
566 (i) a school district;
567 (ii) a charter school; or
568 (iii) the Utah Schools for the Deaf and the Blind.
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;
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.
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;
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
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
641 (b) to support educators in earning a reading interventionist [
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
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
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 [
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 --
731 (1) Subject to Subsection [
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 [
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
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.
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 [
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 [
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 [
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[
781 are licensed[
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
803 (c) The governing board of a charter school may offer employee benefit plans for its
805 (i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
807 (ii) under any other program.
808 (8) A charter school may not revoke an election to participate made under Subsection
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
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[
834 appropriate license issued by the State Board of Education.
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
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
864 (i) a district superintendent or the equivalent at the Utah Schools for the Deaf and the
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
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
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
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 [
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
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
1009 Section 53E-6-1010, Construction of compact.
1010 Section 53E-6-1011, Superintendent of public instruction as designated state
1012 Section 53E-7-305, Licensing of teachers.