1     
TEACHER LICENSURE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Norman K Thurston

5     
Senate Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     General Description:
9          This bill addresses changes in teacher licensure requirements.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends legislative findings on teacher competency;
13          ▸     amends rulemaking authority for the State Board of Education;
14          ▸     limits the delegation of authority regarding preparation programs;
15          ▸     clarifies roles for local education agencies; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          53E-6-103, as last amended by Laws of Utah 2019, Chapter 186
24          53E-6-301, as last amended by Laws of Utah 2022, Chapter 285
25          53E-6-302, as last amended by Laws of Utah 2022, Chapter 285
26          53E-6-902, as last amended by Laws of Utah 2020, Chapter 408
27          53G-11-509, as last amended by Laws of Utah 2019, Chapter 293

28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 53E-6-103 is amended to read:
31          53E-6-103. Legislative findings on teacher quality -- Declaration of education as a
32     profession.
33          (1) (a) The Legislature acknowledges that education is perhaps the most important
34     function of state and local governments, recognizing that the future success of our state and
35     nation depend in large part upon the existence of a responsible and educated citizenry.
36          (b) The Legislature further acknowledges that the primary responsibility for the
37     education of children within the state resides with their parents and that the role of state and
38     local governments is to support and assist parents in fulfilling that responsibility.
39          (2) (a) The Legislature finds that:
40          (i) quality teaching is the basic building block of successful schools and, outside of
41     home and family circumstances, the essential component of student achievement;
42          (ii) the high quality of teachers is absolutely essential to enhance student achievement
43     and to assure educational excellence in each classroom in the state's public schools; and
44          (iii) the implementation of a comprehensive continuum of data-driven strategies
45     regarding recruitment, preservice, licensure, induction, professional development, and
46     evaluation is essential if the state and its citizens expect every classroom to be staffed by a
47     skilled, caring, and effective teacher.
48          (b) In providing for the safe and effective performance of the function of educating
49     Utah's children, the Legislature further finds it to be of critical importance that education,
50     including instruction, administrative, and supervisory services, be recognized as a profession,
51     and that those who are licensed or seek to become licensed and to serve as educators:
52          (i) meet high standards both as to qualifications and fitness for service as educators
53     through quality recruitment and preservice programs [before assuming their responsibilities in
54     the schools] designed to provide opportunities to demonstrate competency in a school
55     classroom setting;
56          (ii) maintain those standards in the performance of their duties while holding licenses,
57     in large part through participating in induction and ongoing professional development
58     programs focused on instructional improvement;

59          (iii) receive fair, systematic evaluations of their performance at school for the purpose
60     of enhancing the quality of public education and student achievement; and
61          (iv) have access to a process for fair examination and review of allegations made
62     against them and for the administration of appropriate sanctions against those found, in
63     accordance with due process, to have failed to conduct themselves in a manner commensurate
64     with their authority and responsibility to provide appropriate professional services to the
65     children of the state.
66          Section 2. Section 53E-6-301 is amended to read:
67          53E-6-301. Qualifications of applicants for licenses -- Changes in qualifications.
68          (1) As used in this section:
69          (a) "Literacy preparation assessment" means an examination that evaluates an
70     individual's knowledge of the science of reading, related to literacy instruction for an individual
71     who teaches preschool, elementary school, or special education.
72          (b) "Required literacy preparation assessment" means a literacy preparation assessment
73     that the state board uses to determine the qualifications of license applicants.
74          (2) The state board shall establish by rule made in accordance with Title 63G, Chapter
75     3, Utah Administrative Rulemaking Act[,]:
76          (a) the scholarship, competencies, training, and experience required of license
77     applicants[.]; and
78          (b) the criteria and training for an individual who certifies a licensure candidate's
79     demonstration of competencies.
80          (3) (a) The state board shall announce any increase in the requirements when made.
81          (b) An increase in requirements shall become effective not less than one year from the
82     date of the announcement.
83          (4) The state board may determine by examination or otherwise the qualifications of
84     license applicants.
85          (5) If the state board uses a required literacy preparation assessment under Subsection
86     (4):
87          (a) (i) the state board shall make rules to allow an LEA to hire a license applicant who
88     does not successfully pass the required literacy preparation assessment for a limited duration
89     pending successful passage; and

90          (ii) the license applicant is not eligible for a professional educator license described in
91     Section 53E-6-201 until the license applicant successfully passes the required literacy
92     preparation assessment; and
93          (b) the state board may make rules in accordance with Title 63G, Chapter 3, Utah
94     Administrative Rulemaking Act, to:
95          (i) establish exemptions for the required literacy preparation assessment; and
96          (ii) develop a pathway to demonstrate early literacy competency as an exception to the
97     requirement to pass the required literacy preparation assessment.
98          Section 3. Section 53E-6-302 is amended to read:
99          53E-6-302. Educator preparation programs.
100          (1) As used in this section:
101          (a) "Educator preparation program" means:
102          (i) a university teacher education program; or
103          (ii) a program that prepares individuals using an alternative pathway to licensure, as the
104     state board provides, that does not include content or time requirements that conflict with the
105     content or time requirements described in rule made by the state board in accordance with
106     Subsection (2).
107          (b) "Required literacy preparation assessment" means the same as that term is defined
108     in Section 53E-6-301.
109          (c) "University teacher preparation program" means a program that an institution of
110     higher education offers to prepare educators for licensure.
111          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
112     state board shall make rules that establish standards for approval of an educator preparation
113     program.
114          (3) The state board shall ensure that standards adopted under Subsection (2):
115          (a) meet or exceed generally recognized national standards for preparation of
116     educators; and
117          (b) include requirements for educator preparation programs to:
118          (i) provide instruction in the science of reading; and
119          (ii) prepare license applicants to pass the required literacy preparation assessment at no
120     cost to the applicants for the preparation, including providing ongoing preparation for up to

121     three total attempts of the required literacy preparation assessment.
122          (4) The state board shall designate an employee of the state board's staff to:
123          (a) work with education deans of state institutions of higher education to coordinate
124     university teacher preparation programs that may include:
125          (i) monitoring courses for university teacher preparation programs; and
126          (ii) working with course instructors for university teacher preparation programs;
127          (b) act as a liaison between:
128          (i) the state board;
129          (ii) local school boards or charter school governing boards; and
130          (iii) representatives of university teacher preparation programs; and
131          (c) report the employee's findings and recommendations for the improvement of
132     teacher preparation programs to:
133          (i) the state board; and
134          (ii) education deans of state institutions of higher education.
135          (5) The state board shall:
136          (a) in good faith, consider the findings and recommendations described in Subsection
137     (4)(c); and
138          (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
139     make rules, as the state board determines is necessary, to implement recommendations
140     described in Subsection (4)(c).
141          (6) Subject to legislative appropriations, the Utah Board of Higher Education shall:
142          (a) provide matching funds to each of the state's institutions of higher education with a
143     university teacher preparation program:
144          (i) to hire an additional faculty member who has training in the science of reading and
145     the science of reading instruction; and
146          (ii) in an amount equal to 75% of the cost of making the hire described in Subsection
147     (6)(a) if the institution provides 25% of the cost; and
148          (b) consult the state superintendent regarding:
149          (i) criteria for the hire described in Subsection (6)(a) that would qualify for a
150     distribution of funding; and
151          (ii) an individual institution's fulfillment of the criteria described in Subsection

152     (6)(b)(i) before distributing funding.
153          (7) An institution that hires an additional faculty member shall coordinate with the
154     science of reading panel described in Section 53E-3-1003 to include two members of the panel
155     in the institution's hiring process.
156          (8) The state board shall:
157          (a) monitor accreditation of university programs regarding the science of reading
158     preparation described in Subsection (3)(b) at the institutions described in Subsection (6)(a); and
159          (b) (i) develop strategies to provide support for preparation programs with low rates of
160     passage on the required literacy preparation assessment; and
161          (ii) provide increasing levels of support to a preparation program with low rates of
162     passage on the required literacy preparation assessment for two consecutive years.
163          Section 4. Section 53E-6-902 is amended to read:
164          53E-6-902. Teacher leaders.
165          (1) As used in this section, "teacher" means an educator who has an assignment to
166     teach in a classroom.
167          (2) There is created the role of a teacher leader to:
168          (a) work with a student teacher and a teacher who supervises a student teacher;
169          (b) assist with the training of a recently hired teacher; [and]
170          (c) support school-based professional learning[.]; and
171          (d) certify the demonstration of competencies for an applicant seeking licensure
172     through a preparation program.
173          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
174     state board shall make rules that:
175          (a) define the role of a teacher leader, including the functions described in Subsection
176     (2); and
177          (b) establish the minimum criteria for a teacher to qualify as a teacher leader.
178          (4) The state board shall solicit recommendations from school districts and educators
179     regarding:
180          (a) appropriate resources to provide a teacher leader; and
181          (b) appropriate ways to compensate a teacher leader.
182          Section 5. Section 53G-11-509 is amended to read:

183          53G-11-509. Mentor for provisional educator.
184          (1) In accordance with [Subsections] Section 53E-6-902, Subsection 53E-2-302(7), and
185     Subsections 53E-6-103(2)(a) and (b), the principal or immediate supervisor of a provisional
186     educator shall assign a person who has received training or will receive training in mentoring
187     educators as a mentor to the provisional educator.
188          (2) Where possible, the mentor shall be a career educator who performs substantially
189     the same duties as the provisional educator and has at least three years of educational
190     experience.
191          (3) The mentor shall assist the provisional educator to become effective and competent
192     in the teaching profession and school system, but may not serve as an evaluator of the
193     provisional educator.
194          (4) An educator who is assigned as a mentor may receive compensation for those
195     services in addition to the educator's regular salary.
196          Section 6. Effective date.
197          This bill takes effect on May 1, 2024.