LEGISLATIVE GENERAL COUNSEL H.B. 208
6 Approved for Filing: R. Bailey 6 1st Sub. (Buff)
6 01-30-24 9:48 AM 6
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: ____________
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 expanding 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 1st Sub. H.B. 208
21 < makes technical and conforming changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
*HB0208S01*
1st Sub. (Buff) H.B. 208 01-30-24 9:48 AM
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
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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]
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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, one or more licenses created under Section
96 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 shall
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119 develop a strategy for expanding traditional and alternative programs for training teachers.
120 (b) The strategy described in Subsection (1)(a) shall include consideration of:
121 (i) competency-based approaches;
122 (ii) experiential learning, including apprenticeships; and
123 (iii) degree-agnostic qualifications.
124 (2) (a) Subject to having an agreement between at least one institution of higher
125 education and the state board, the state board shall create or modify requirements for traditional
126 and alternative training program licenses to accommodate the strategy described in Subsection
127 (1).
128 (b) The changes described in Subsection (2)(a) may include the creation and
129 modification of requirements necessary for:
130 (i) a license based on an applied associates degree;
131 (ii) competency-based training programs;
132 (iii) accommodations for non-traditional students;
133 (iv) credit for competency obtained through prior learning or experience; or
134 (v) other options that would accommodate the strategy described in Subsection (1).
135 Section 4. Section 53E-6-301 is amended to read:
136 53E-6-301. Qualifications of applicants for licenses -- Changes in qualifications.
137 (1) As used in this section:
138 (a) "Literacy preparation assessment" means an examination that evaluates an
139 individual's knowledge of the science of reading, related to literacy instruction for an individual
140 who teaches preschool, elementary school, or special education.
141 (b) "Required literacy preparation assessment" means a literacy preparation assessment
142 that the state board uses to determine the qualifications of license applicants.
143 (2) The state board shall establish by rule made in accordance with Title 63G, Chapter
144 3, Utah Administrative Rulemaking Act[,]:
145 (a) the scholarship, competencies, training, and experience required of license
146 applicants[.]; and
147 (b) the criteria and training for an individual who certifies a licensure candidate's
148 demonstration of competencies.
149 (3) (a) The state board shall announce any increase in the requirements when made.
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150 (b) An increase in requirements shall become effective not less than one year from the
151 date of the announcement.
152 (4) (a) [The] Except as provided in Subsection (4)(b), the state board may determine by
153 examination or otherwise the qualifications of license applicants.
154 (b) The state board may not make licensure contingent upon passage of a pedagogical
155 performance assessment.
156 (5) If the state board uses a required literacy preparation assessment under Subsection
157 (4):
158 (a) (i) the state board shall make rules to allow an LEA to hire a license applicant who
159 does not successfully pass the required literacy preparation assessment for a limited duration
160 pending successful passage; and
161 (ii) the license applicant is not eligible for a professional educator license described in
162 Section 53E-6-201 until the license applicant successfully passes the required literacy
163 preparation assessment; and
164 (b) the state board may make rules in accordance with Title 63G, Chapter 3, Utah
165 Administrative Rulemaking Act, to:
166 (i) establish exemptions for the required literacy preparation assessment; and
167 (ii) develop a pathway to demonstrate early literacy competency as an exception to the
168 requirement to pass the required literacy preparation assessment.
169 Section 5. Section 53E-6-302 is amended to read:
170 53E-6-302. Educator preparation programs.
171 (1) As used in this section:
172 (a) "Educator preparation program" means:
173 (i) a university teacher education program; or
174 (ii) a program that prepares individuals using an alternative pathway to licensure, as the
175 state board provides, that does not include content or time requirements that conflict with the
176 content or time requirements described in rule made by the state board in accordance with
177 Subsection (2).
178 (b) "Required literacy preparation assessment" means the same as that term is defined
179 in Section 53E-6-301.
180 (c) "University teacher preparation program" means a program that an institution of
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181 higher education offers to prepare educators for licensure.
182 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
183 state board shall make rules that establish standards for approval of an educator preparation
184 program.
185 (3) The state board shall ensure that standards adopted under Subsection (2):
186 (a) meet or exceed generally recognized national standards for preparation of
187 educators; and
188 (b) include requirements for educator preparation programs to:
189 (i) provide instruction in the science of reading; and
190 (ii) prepare license applicants to pass the required literacy preparation assessment at no
191 cost to the applicants for the preparation, including providing ongoing preparation for up to
192 three total attempts of the required literacy preparation assessment.
193 (4) The state board shall designate an employee of the state board's staff to:
194 (a) work with education deans of state institutions of higher education to coordinate
195 university teacher preparation programs that may include:
196 (i) monitoring courses for university teacher preparation programs; and
197 (ii) working with course instructors for university teacher preparation programs;
198 (b) act as a liaison between:
199 (i) the state board;
200 (ii) local school boards or charter school governing boards; and
201 (iii) representatives of university teacher preparation programs; and
202 (c) report the employee's findings and recommendations for the improvement of
203 teacher preparation programs to:
204 (i) the state board; and
205 (ii) education deans of state institutions of higher education.
206 (5) The state board shall:
207 (a) in good faith, consider the findings and recommendations described in Subsection
208 (4)(c); and
209 (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
210 make rules, as the state board determines is necessary, to implement recommendations
211 described in Subsection (4)(c).
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212 (6) Subject to legislative appropriations, the Utah Board of Higher Education shall:
213 (a) provide matching funds to each of the state's institutions of higher education with a
214 university teacher preparation program:
215 (i) to hire an additional faculty member who has training in the science of reading and
216 the science of reading instruction; and
217 (ii) in an amount equal to 75% of the cost of making the hire described in Subsection
218 (6)(a) if the institution provides 25% of the cost; and
219 (b) consult the state superintendent regarding:
220 (i) criteria for the hire described in Subsection (6)(a) that would qualify for a
221 distribution of funding; and
222 (ii) an individual institution's fulfillment of the criteria described in Subsection
223 (6)(b)(i) before distributing funding.
224 (7) An institution that hires an additional faculty member shall coordinate with the
225 science of reading panel described in Section 53E-3-1003 to include two members of the panel
226 in the institution's hiring process.
227 (8) The state board shall:
228 (a) monitor accreditation of university programs regarding the science of reading
229 preparation described in Subsection (3)(b) at the institutions described in Subsection (6)(a); and
230 (b) (i) develop strategies to provide support for preparation programs with low rates of
231 passage on the required literacy preparation assessment; and
232 (ii) provide increasing levels of support to a preparation program with low rates of
233 passage on the required literacy preparation assessment for two consecutive years.
234 Section 6. Section 53E-6-902 is amended to read:
235 53E-6-902. Teacher leaders.
236 (1) As used in this section, "teacher" means an educator who has an assignment to
237 teach in a classroom.