Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                           H.B. 208
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:
                         TEACHER LICENSURE AMENDMENTS
                                        2024 GENERAL SESSION
                                           STATE OF UTAH
                             Chief Sponsor: Norman K Thurston
                                 Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill addresses changes in teacher licensure requirements.
 Highlighted Provisions:
        This bill:
        < amends legislative findings on teacher competency;
        < directs the State Board of Education (state board) and the Utah Board of Higher
 Education to develop a strategy for expanding traditional and alternative programs
 for training and licensing teachers;
        < prohibits the state board from requiring a pedagogical performance assessment to
 obtain licensure;
        < amends rulemaking authority for the state board;
        < limits the delegation of authority regarding preparation programs;
        < clarifies roles for local education agencies; and                                  1st Sub. H.B. 208
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
     *HB0208S01*
       1st Sub. (Buff) H.B. 208                                                    01-30-24 9:48 AM
 Utah Code Sections Affected:
 AMENDS:
        53E-6-103, as last amended by Laws of Utah 2019, Chapter 186
        53E-6-201, as last amended by Laws of Utah 2023, Chapter 368
        53E-6-301, as last amended by Laws of Utah 2022, Chapter 285
        53E-6-302, as last amended by Laws of Utah 2022, Chapter 285
        53E-6-902, as last amended by Laws of Utah 2020, Chapter 408
        53G-11-509, as last amended by Laws of Utah 2019, Chapter 293
 ENACTS:
        53E-6-206, Utah Code Annotated 1953
36
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 53E-6-103 is amended to read:
        53E-6-103. Legislative findings on teacher quality -- Declaration of education as a
 profession.
        (1) (a) The Legislature acknowledges that education is perhaps the most important
 function of state and local governments, recognizing that the future success of our state and
 nation depend in large part upon the existence of a responsible and educated citizenry.
        (b) The Legislature further acknowledges that the primary responsibility for the
 education of children within the state resides with their parents and that the role of state and
 local governments is to support and assist parents in fulfilling that responsibility.
        (2) (a) The Legislature finds that:
        (i) quality teaching is the basic building block of successful schools and, outside of
 home and family circumstances, the essential component of student achievement;
        (ii) the high quality of teachers is absolutely essential to enhance student achievement
 and to assure educational excellence in each classroom in the state's public schools; and
        (iii) the implementation of a comprehensive continuum of data-driven strategies
 regarding recruitment, preservice, licensure, induction, professional development, and
 evaluation is essential if the state and its citizens expect every classroom to be staffed by a
 skilled, caring, and effective teacher.
        (b) In providing for the safe and effective performance of the function of educating
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       01-30-24 9:48 AM                                                     1st Sub. (Buff) H.B. 208
 Utah's children, the Legislature further finds it to be of critical importance that education,
 including instruction, administrative, and supervisory services, be recognized as a profession,
 and that those who are licensed or seek to become licensed and to serve as educators:
         (i) meet high standards both as to qualifications and fitness for service as educators
 through quality recruitment and preservice programs [before assuming their responsibilities in
 the schools] designed to provide opportunities to demonstrate competency in a school
 classroom setting;
         (ii) maintain those standards in the performance of their duties while holding licenses,
 in large part through participating in induction and ongoing professional development
 programs focused on instructional improvement;
         (iii) receive fair, systematic evaluations of their performance at school for the purpose
 of enhancing the quality of public education and student achievement; and
         (iv) have access to a process for fair examination and review of allegations made
 against them and for the administration of appropriate sanctions against those found, in
 accordance with due process, to have failed to conduct themselves in a manner commensurate
 with their authority and responsibility to provide appropriate professional services to the
 children of the state.
         Section 2. Section 53E-6-201 is amended to read:
         53E-6-201. State board licensure.
         (1) The state board shall [establish in rule made] make rules in accordance with Title
 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a system for educator
 licensing that includes:
         (a) an associate educator license that permits an individual to provide educational
 services in a public school while working to meet the requirements of a professional educator
 license;
         (b) a professional educator license that permits an individual to provide educational
 services in a public school after demonstrating that the individual meets licensure requirements
 established in state board rule;
         (c) an LEA-specific educator license issued by the state board at the request of an
 LEA's governing body that is valid for an individual to provide educational services in the
 requesting LEA's schools; [and]
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        1st Sub. (Buff) H.B. 208                                                   01-30-24 9:48 AM
        (d) beginning in the 2023-2024 school year, a provider-specific license issued by the
 state board at the request of an authorized online course provider described in Subsection
 53F-4-504 that:
        (i) is valid for an individual to provide educational services to a student enrolled in an
 online course described in 53F-4-503; and
        (ii) contains eligibility criteria that is no more stringent than the requirements for a
 license described in Subsection (1)(c)[.]; and
        (e) beginning in the 2029-2030 school year, one or more licenses created under Section
 53G-6-206.
        (2) An individual employed in a position that requires licensure by the state board shall
 hold the license that is appropriate to the position.
        (3) (a) (i) [The] Except as provided in Subsection (3)(a)(ii), the state board may [by
 rule made] make rules in accordance with Title 63G, Chapter 3, Utah Administrative
 Rulemaking Act, rank, endorse, or otherwise classify licenses and establish the criteria for
 obtaining, retaining, and reinstating licenses.
        (ii) The state board may not make licensure contingent upon passage of a pedagogical
 performance assessment.
        (b) An educator who is enrolling in a course of study at an institution within the state
 system of higher education to satisfy the state board requirements for retaining a license is
 exempt from tuition, except for a semester registration fee established by the Utah Board of
 Higher Education, if:
        (i) the educator is enrolled on the basis of surplus space in the class after regularly
 enrolled students have been assigned and admitted to the class in accordance with regular
 procedures, normal teaching loads, and the institution's approved budget; and
        (ii) enrollments are determined by each institution under rules and guidelines
 established by the Utah Board of Higher Education in accordance with findings of fact that
 space is available for the educator's enrollment.
        Section 3. Section 53E-6-206 is enacted to read:
        53E-6-206. Expansion of traditional and alternative programs for teacher
 training.
        (1) (a) By July 1, 2028, the state board and the Utah Board of Higher Education shall
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        01-30-24 9:48 AM                                                    1st Sub. (Buff) H.B. 208
 develop a strategy for expanding traditional and alternative programs for training teachers.
        (b) The strategy described in Subsection (1)(a) shall include consideration of:
        (i) competency-based approaches;
        (ii) experiential learning, including apprenticeships; and
        (iii) degree-agnostic qualifications.
        (2) (a) Subject to having an agreement between at least one institution of higher
 education and the state board, the state board shall create or modify requirements for traditional
 and alternative training program licenses to accommodate the strategy described in Subsection
 (1).
        (b) The changes described in Subsection (2)(a) may include the creation and
 modification of requirements necessary for:
        (i) a license based on an applied associates degree;
        (ii) competency-based training programs;
        (iii) accommodations for non-traditional students;
        (iv) credit for competency obtained through prior learning or experience; or
        (v) other options that would accommodate the strategy described in Subsection (1).
        Section 4. Section 53E-6-301 is amended to read:
        53E-6-301. Qualifications of applicants for licenses -- Changes in qualifications.
        (1) As used in this section:
        (a) "Literacy preparation assessment" means an examination that evaluates an
 individual's knowledge of the science of reading, related to literacy instruction for an individual
 who teaches preschool, elementary school, or special education.
        (b) "Required literacy preparation assessment" means a literacy preparation assessment
 that the state board uses to determine the qualifications of license applicants.
        (2) The state board shall establish by rule made in accordance with Title 63G, Chapter
 3, Utah Administrative Rulemaking Act[,]:
        (a) the scholarship, competencies, training, and experience required of license
 applicants[.]; and
        (b) the criteria and training for an individual who certifies a licensure candidate's
 demonstration of competencies.
        (3) (a) The state board shall announce any increase in the requirements when made.
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        1st Sub. (Buff) H.B. 208                                                   01-30-24 9:48 AM
        (b) An increase in requirements shall become effective not less than one year from the
 date of the announcement.
        (4) (a) [The] Except as provided in Subsection (4)(b), the state board may determine by
 examination or otherwise the qualifications of license applicants.
        (b) The state board may not make licensure contingent upon passage of a pedagogical
 performance assessment.
        (5) If the state board uses a required literacy preparation assessment under Subsection
 (4):
        (a) (i) the state board shall make rules to allow an LEA to hire a license applicant who
 does not successfully pass the required literacy preparation assessment for a limited duration
 pending successful passage; and
        (ii) the license applicant is not eligible for a professional educator license described in
 Section 53E-6-201 until the license applicant successfully passes the required literacy
 preparation assessment; and
        (b) the state board may make rules in accordance with Title 63G, Chapter 3, Utah
 Administrative Rulemaking Act, to:
        (i) establish exemptions for the required literacy preparation assessment; and
        (ii) develop a pathway to demonstrate early literacy competency as an exception to the
 requirement to pass the required literacy preparation assessment.
        Section 5. Section 53E-6-302 is amended to read:
        53E-6-302. Educator preparation programs.
        (1) As used in this section:
        (a) "Educator preparation program" means:
        (i) a university teacher education program; or
        (ii) a program that prepares individuals using an alternative pathway to licensure, as the
 state board provides, that does not include content or time requirements that conflict with the
 content or time requirements described in rule made by the state board in accordance with
 Subsection (2).
        (b) "Required literacy preparation assessment" means the same as that term is defined
 in Section 53E-6-301.
        (c) "University teacher preparation program" means a program that an institution of
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        01-30-24 9:48 AM                                                      1st Sub. (Buff) H.B. 208
 higher education offers to prepare educators for licensure.
        (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
 state board shall make rules that establish standards for approval of an educator preparation
 program.
        (3) The state board shall ensure that standards adopted under Subsection (2):
        (a) meet or exceed generally recognized national standards for preparation of
 educators; and
        (b) include requirements for educator preparation programs to:
        (i) provide instruction in the science of reading; and
        (ii) prepare license applicants to pass the required literacy preparation assessment at no
 cost to the applicants for the preparation, including providing ongoing preparation for up to
 three total attempts of the required literacy preparation assessment.
        (4) The state board shall designate an employee of the state board's staff to:
        (a) work with education deans of state institutions of higher education to coordinate
 university teacher preparation programs that may include:
        (i) monitoring courses for university teacher preparation programs; and
        (ii) working with course instructors for university teacher preparation programs;
        (b) act as a liaison between:
        (i) the state board;
        (ii) local school boards or charter school governing boards; and
        (iii) representatives of university teacher preparation programs; and
        (c) report the employee's findings and recommendations for the improvement of
 teacher preparation programs to:
        (i) the state board; and
        (ii) education deans of state institutions of higher education.
        (5) The state board shall:
        (a) in good faith, consider the findings and recommendations described in Subsection
 (4)(c); and
        (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
 make rules, as the state board determines is necessary, to implement recommendations
 described in Subsection (4)(c).
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        1st Sub. (Buff) H.B. 208                                                    01-30-24 9:48 AM
         (6) Subject to legislative appropriations, the Utah Board of Higher Education shall:
         (a) provide matching funds to each of the state's institutions of higher education with a
 university teacher preparation program:
         (i) to hire an additional faculty member who has training in the science of reading and
 the science of reading instruction; and
         (ii) in an amount equal to 75% of the cost of making the hire described in Subsection
 (6)(a) if the institution provides 25% of the cost; and
         (b) consult the state superintendent regarding:
         (i) criteria for the hire described in Subsection (6)(a) that would qualify for a
 distribution of funding; and
         (ii) an individual institution's fulfillment of the criteria described in Subsection
 (6)(b)(i) before distributing funding.
         (7) An institution that hires an additional faculty member shall coordinate with the
 science of reading panel described in Section 53E-3-1003 to include two members of the panel
 in the institution's hiring process.
         (8) The state board shall:
         (a) monitor accreditation of university programs regarding the science of reading
 preparation described in Subsection (3)(b) at the institutions described in Subsection (6)(a); and
         (b) (i) develop strategies to provide support for preparation programs with low rates of
 passage on the required literacy preparation assessment; and
         (ii) provide increasing levels of support to a preparation program with low rates of
 passage on the required literacy preparation assessment for two consecutive years.
         Section 6. Section 53E-6-902 is amended to read:
         53E-6-902. Teacher leaders.
         (1) As used in this section, "teacher" means an educator who has an assignment to
 teach in a classroom.