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 -2- 01-30-24 9:48 AM 1st Sub. (Buff) H.B. 208 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] -3- 1st Sub. (Buff) H.B. 208 01-30-24 9:48 AM 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 -4- 01-30-24 9:48 AM 1st Sub. (Buff) H.B. 208 119 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. -5- 1st Sub. (Buff) H.B. 208 01-30-24 9:48 AM 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 -6- 01-30-24 9:48 AM 1st Sub. (Buff) H.B. 208 181 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). -7- 1st Sub. (Buff) H.B. 208 01-30-24 9:48 AM 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.