Representative Norman K Thurston proposes the following substitute bill:


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          ▸     directs the State Board of Education (state board) and the Utah Board of Higher
14     Education to develop a strategy for modifying traditional and alternative programs
15     for training and licensing teachers;
16          ▸     prohibits the state board from requiring a pedagogical performance assessment to
17     obtain licensure;
18          ▸     amends rulemaking authority for the state board;
19          ▸     limits the delegation of authority regarding preparation programs;
20          ▸     clarifies roles for local education agencies; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None

26     Utah Code Sections Affected:
27     AMENDS:
28          53E-6-103, as last amended by Laws of Utah 2019, Chapter 186
29          53E-6-201, as last amended by Laws of Utah 2023, Chapter 368
30          53E-6-301, as last amended by Laws of Utah 2022, Chapter 285
31          53E-6-302, as last amended by Laws of Utah 2022, Chapter 285
32          53E-6-902, as last amended by Laws of Utah 2020, Chapter 408
33          53G-11-509, as last amended by Laws of Utah 2019, Chapter 293
34     ENACTS:
35          53E-6-206, Utah Code Annotated 1953
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 53E-6-103 is amended to read:
39          53E-6-103. Legislative findings on teacher quality -- Declaration of education as a
40     profession.
41          (1) (a) The Legislature acknowledges that education is perhaps the most important
42     function of state and local governments, recognizing that the future success of our state and
43     nation depend in large part upon the existence of a responsible and educated citizenry.
44          (b) The Legislature further acknowledges that the primary responsibility for the
45     education of children within the state resides with their parents and that the role of state and
46     local governments is to support and assist parents in fulfilling that responsibility.
47          (2) (a) The Legislature finds that:
48          (i) quality teaching is the basic building block of successful schools and, outside of
49     home and family circumstances, the essential component of student achievement;
50          (ii) the high quality of teachers is absolutely essential to enhance student achievement
51     and to assure educational excellence in each classroom in the state's public schools; and
52          (iii) the implementation of a comprehensive continuum of data-driven strategies
53     regarding recruitment, preservice, licensure, induction, professional development, and
54     evaluation is essential if the state and its citizens expect every classroom to be staffed by a
55     skilled, caring, and effective teacher.
56          (b) In providing for the safe and effective performance of the function of educating

57     Utah's children, the Legislature further finds it to be of critical importance that education,
58     including instruction, administrative, and supervisory services, be recognized as a profession,
59     and that those who are licensed or seek to become licensed and to serve as educators:
60          (i) meet high standards both as to qualifications and fitness for service as educators
61     through quality recruitment and preservice programs [before assuming their responsibilities in
62     the schools] designed to provide opportunities to demonstrate competency in a school
63     classroom setting;
64          (ii) maintain those standards in the performance of their duties while holding licenses,
65     in large part through participating in induction and ongoing professional development
66     programs focused on instructional improvement;
67          (iii) receive fair, systematic evaluations of their performance at school for the purpose
68     of enhancing the quality of public education and student achievement; and
69          (iv) have access to a process for fair examination and review of allegations made
70     against them and for the administration of appropriate sanctions against those found, in
71     accordance with due process, to have failed to conduct themselves in a manner commensurate
72     with their authority and responsibility to provide appropriate professional services to the
73     children of the state.
74          Section 2. Section 53E-6-201 is amended to read:
75          53E-6-201. State board licensure.
76          (1) The state board shall [establish in rule made] make rules in accordance with Title
77     63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a system for educator
78     licensing that includes:
79          (a) an associate educator license that permits an individual to provide educational
80     services in a public school while working to meet the requirements of a professional educator
81     license;
82          (b) a professional educator license that permits an individual to provide educational
83     services in a public school after demonstrating that the individual meets licensure requirements
84     established in state board rule;
85          (c) an LEA-specific educator license issued by the state board at the request of an
86     LEA's governing body that is valid for an individual to provide educational services in the
87     requesting LEA's schools; [and]

88          (d) beginning in the 2023-2024 school year, a provider-specific license issued by the
89     state board at the request of an authorized online course provider described in Subsection
90     53F-4-504 that:
91          (i) is valid for an individual to provide educational services to a student enrolled in an
92     online course described in 53F-4-503; and
93          (ii) contains eligibility criteria that is no more stringent than the requirements for a
94     license described in Subsection (1)(c)[.]; and
95          (e) beginning in the 2029-2030 school year, the creation or modification of licenses if
96     any are created or modified under Section 53G-6-206.
97          (2) An individual employed in a position that requires licensure by the state board shall
98     hold the license that is appropriate to the position.
99          (3) (a) (i) [The] Except as provided in Subsection (3)(a)(ii), the state board may [by
100     rule made] make rules in accordance with Title 63G, Chapter 3, Utah Administrative
101     Rulemaking Act, rank, endorse, or otherwise classify licenses and establish the criteria for
102     obtaining, retaining, and reinstating licenses.
103          (ii) The state board may not make licensure contingent upon passage of a pedagogical
104     performance assessment.
105          (b) An educator who is enrolling in a course of study at an institution within the state
106     system of higher education to satisfy the state board requirements for retaining a license is
107     exempt from tuition, except for a semester registration fee established by the Utah Board of
108     Higher Education, if:
109          (i) the educator is enrolled on the basis of surplus space in the class after regularly
110     enrolled students have been assigned and admitted to the class in accordance with regular
111     procedures, normal teaching loads, and the institution's approved budget; and
112          (ii) enrollments are determined by each institution under rules and guidelines
113     established by the Utah Board of Higher Education in accordance with findings of fact that
114     space is available for the educator's enrollment.
115          Section 3. Section 53E-6-206 is enacted to read:
116          53E-6-206. Expansion of traditional and alternative programs for teacher
117     training.
118          (1) (a) By July 1, 2028, the state board and the Utah Board of Higher Education, in

119     consultation with administrators and staff responsible for hiring licensed educators at an LEA
120     or regional education service agency as defined in Section 53G-4-410, shall develop a strategy
121     for modifying traditional and alternative programs for training teachers.
122          (b) The strategy described in Subsection (1)(a) shall include consideration of:
123          (i) competency-based approaches;
124          (ii) experiential learning, including apprenticeships; and
125          (iii) degree-agnostic qualifications.
126          (2) (a) Subject to having an agreement between at least one institution of higher
127     education and the state board, the state board shall modify requirements for traditional and
128     alternative training program licenses to accommodate the strategy described in Subsection (1).
129          (b) The changes described in Subsection (2)(a) may include the modification of
130     requirements necessary for:
131          (i) a license based on an associates degree;
132          (ii) competency-based training programs;
133          (iii) accommodations for non-traditional students;
134          (iv) credit for competency obtained through prior learning or experience; or
135          (v) other options that would accommodate the strategy described in Subsection (1).
136          Section 4. Section 53E-6-301 is amended to read:
137          53E-6-301. Qualifications of applicants for licenses -- Changes in qualifications.
138          (1) As used in this section:
139          (a) "Literacy preparation assessment" means an examination that evaluates an
140     individual's knowledge of the science of reading, related to literacy instruction for an individual
141     who teaches preschool, elementary school, or special education.
142          (b) "Required literacy preparation assessment" means a literacy preparation assessment
143     that the state board uses to determine the qualifications of license applicants.
144          (2) The state board shall establish by rule made in accordance with Title 63G, Chapter
145     3, Utah Administrative Rulemaking Act, the scholarship, competencies, training, and
146     experience required of license applicants.
147          (3) (a) The state board shall announce any increase in the requirements when made.
148          (b) An increase in requirements shall become effective not less than one year from the
149     date of the announcement.

150          (4) (a) [The] Except as provided in Subsection (4)(b), the state board may determine by
151     examination or otherwise the qualifications of license applicants.
152          (b) The state board may not make licensure contingent upon passage of a pedagogical
153     performance assessment.
154          (5) If the state board uses a required literacy preparation assessment under Subsection
155     (4):
156          (a) (i) the state board shall make rules to allow an LEA to hire a license applicant who
157     does not successfully pass the required literacy preparation assessment for a limited duration
158     pending successful passage; and
159          (ii) the license applicant is not eligible for a professional educator license described in
160     Section 53E-6-201 until the license applicant successfully passes the required literacy
161     preparation assessment; and
162          (b) the state board may make rules in accordance with Title 63G, Chapter 3, Utah
163     Administrative Rulemaking Act, to:
164          (i) establish exemptions for the required literacy preparation assessment; and
165          (ii) develop a pathway to demonstrate early literacy competency as an exception to the
166     requirement to pass the required literacy preparation assessment.
167          Section 5. Section 53E-6-302 is amended to read:
168          53E-6-302. Educator preparation programs.
169          (1) As used in this section:
170          (a) "Educator preparation program" means:
171          (i) a university teacher education program; or
172          (ii) a program that prepares individuals using an alternative pathway to licensure, as the
173     state board provides, that does not include content or time requirements that conflict with the
174     content or time requirements described in rule made by the state board in accordance with
175     Subsection (2).
176          (b) "Required literacy preparation assessment" means the same as that term is defined
177     in Section 53E-6-301.
178          (c) "University teacher preparation program" means a program that an institution of
179     higher education offers to prepare educators for licensure.
180          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the

181     state board shall make rules that establish standards for approval of an educator preparation
182     program.
183          (3) The state board shall ensure that standards adopted under Subsection (2):
184          (a) meet or exceed generally recognized national standards for preparation of
185     educators; and
186          (b) include requirements for educator preparation programs to:
187          (i) provide instruction in the science of reading; and
188          (ii) prepare license applicants to pass the required literacy preparation assessment at no
189     cost to the applicants for the preparation, including providing ongoing preparation for up to
190     three total attempts of the required literacy preparation assessment.
191          (4) The state board shall designate an employee of the state board's staff to:
192          (a) work with education deans of state institutions of higher education to coordinate
193     university teacher preparation programs that may include:
194          (i) monitoring courses for university teacher preparation programs; and
195          (ii) working with course instructors for university teacher preparation programs;
196          (b) act as a liaison between:
197          (i) the state board;
198          (ii) local school boards or charter school governing boards; and
199          (iii) representatives of university teacher preparation programs; and
200          (c) report the employee's findings and recommendations for the improvement of
201     teacher preparation programs to:
202          (i) the state board; and
203          (ii) education deans of state institutions of higher education.
204          (5) The state board shall:
205          (a) in good faith, consider the findings and recommendations described in Subsection
206     (4)(c); and
207          (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
208     make rules, as the state board determines is necessary, to implement recommendations
209     described in Subsection (4)(c).
210          (6) Subject to legislative appropriations, the Utah Board of Higher Education shall:
211          (a) provide matching funds to each of the state's institutions of higher education with a

212     university teacher preparation program:
213          (i) to hire an additional faculty member who has training in the science of reading and
214     the science of reading instruction; and
215          (ii) in an amount equal to 75% of the cost of making the hire described in Subsection
216     (6)(a) if the institution provides 25% of the cost; and
217          (b) consult the state superintendent regarding:
218          (i) criteria for the hire described in Subsection (6)(a) that would qualify for a
219     distribution of funding; and
220          (ii) an individual institution's fulfillment of the criteria described in Subsection
221     (6)(b)(i) before distributing funding.
222          (7) An institution that hires an additional faculty member shall coordinate with the
223     science of reading panel described in Section 53E-3-1003 to include two members of the panel
224     in the institution's hiring process.
225          (8) The state board shall:
226          (a) monitor accreditation of university programs regarding the science of reading
227     preparation described in Subsection (3)(b) at the institutions described in Subsection (6)(a); and
228          (b) (i) develop strategies to provide support for preparation programs with low rates of
229     passage on the required literacy preparation assessment; and
230          (ii) provide increasing levels of support to a preparation program with low rates of
231     passage on the required literacy preparation assessment for two consecutive years.
232          Section 6. Section 53E-6-902 is amended to read:
233          53E-6-902. Teacher leaders.
234          (1) As used in this section, "teacher" means an educator who has an assignment to
235     teach in a classroom.
236          (2) There is created the role of a teacher leader to:
237          (a) work with a student teacher and a teacher who supervises a student teacher;
238          (b) assist with the training of a recently hired teacher; [and]
239          (c) support school-based professional learning[.]; and
240          (d) provide feedback on the demonstration of competencies for an applicant seeking
241     licensure through a preparation program.
242          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the

243     state board shall make rules that:
244          (a) define the role of a teacher leader, including the functions described in Subsection
245     (2); and
246          (b) establish the minimum criteria for a teacher to qualify as a teacher leader.
247          (4) The state board shall solicit recommendations from school districts and educators
248     regarding:
249          (a) appropriate resources to provide a teacher leader; and
250          (b) appropriate ways to compensate a teacher leader.
251          Section 7. Section 53G-11-509 is amended to read:
252          53G-11-509. Mentor for provisional educator.
253          (1) In accordance with [Subsections] Section 53E-6-902, Subsection 53E-2-302(7), and
254     Subsections 53E-6-103(2)(a) and (b), the principal or immediate supervisor of a provisional
255     educator shall assign a person who has received training or will receive training in mentoring
256     educators as a mentor to the provisional educator.
257          (2) Where possible, the mentor shall be a career educator who performs substantially
258     the same duties as the provisional educator and has at least three years of educational
259     experience.
260          (3) The mentor shall assist the provisional educator to become effective and competent
261     in the teaching profession and school system, but may not serve as an evaluator of the
262     provisional educator.
263          (4) An educator who is assigned as a mentor may receive compensation for those
264     services in addition to the educator's regular salary.
265          Section 8. Effective date.
266          This bill takes effect on May 1, 2024.