DAR File No. 39379
This rule was published in the June 1, 2015, issue (Vol. 2015, No. 11) of the Utah State Bulletin.
Education, Administration
Rule R277-520
Appropriate Licensing and Assignment of Teachers
Notice of Proposed Rule
(Amendment)
DAR File No.: 39379
Filed: 05/15/2015 08:24:31 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
Rule R277-520 is amended to define licensure requirements for non-teaching positions and provide consistency with other licensure rules.
Summary of the rule or change:
The changes provide for: new and revised definitions; updated language for educator licensure with areas of concentration and endorsements; new language for licensure of individuals serving in non-teaching positions; and removing Sections R277-520-5, R277-520-7, R277-520-8, and R277-520-9 because the sections are no longer applicable within this rule.
State statutory or constitutional authorization for this rule:
- Subsection 53A-6-104(2)(a)
- Art X Sec 3
- Subsection 53A-1-401(3)
Anticipated cost or savings to:
the state budget:
It is anticipated that there are likely no cost or savings to the state budget. Changes to the rule update and clarify definitions and appropriate licenses.
local governments:
It is anticipated that there are likely no cost or savings to local government. Changes to the rule update and clarify definitions and appropriate licenses.
small businesses:
It is anticipated that there are likely no cost or savings to small businesses. Changes to the rule update and clarify definitions and appropriate licenses.
persons other than small businesses, businesses, or local governmental entities:
It is anticipated that there are likely no cost or savings to persons other than small businesses, businesses, or local government entities. Changes to the rule update and clarify definitions and appropriate licenses.
Compliance costs for affected persons:
There are likely no compliance costs for affected persons. Changes to the rule update and clarify definitions and appropriate licenses.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.
Brad C. Smith, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
EducationAdministration
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
07/01/2015
This rule may become effective on:
07/08/2015
Authorized by:
Angela Stallings, Associate Superintendent, Policy and Communication
RULE TEXT
R277. Education, Administration.
R277-520. Appropriate Licensing and Assignment of Teachers.
R277-520-1. Definitions.
A. ["At will employment" means employment that may be
terminated for any reason or no reason with minimum notice to the
employee consistent with the employer's designated payroll
cycle.
B. ]"Board" means the Utah State Board
of Education.
[C. "Comprehensive Administration of Credentials for
Teachers in Utah Schools (CACTUS)" means the electronic file
maintained on all licensed Utah educators. The file includes
information such as:
(1) personal directory information;
(2) educational background;
(3) endorsements;
(4) employment history;
(5) professional development information; and
(6) a record of disciplinary action taken against the
educator.
D. "Composite major" means credits earned in
two or more related subjects, as determined by an accredited
higher education institution.
] [E]B. "Content specialist" means a licensed educator
who provides instruction or specialized support for students and
teachers in a school setting.
[F]C. "Core academic subjects or areas" means
English, reading or language arts, mathematics, science, foreign
languages, civics and government, economics, arts, history, and
geography under the Elementary and Secondary Education Act (ESEA),
also known as the No Child Left Behind Act (NCLB), Title IX, Part
A, 20 U.S.C. 7801, Section 9101(11).
[G]D. "Demonstrated competency" means that a teacher
shall demonstrate current expertise to teach a specific class or
course through the use of lines of evidence which may include
completed USOE-approved course work, content test(s), or years of
successful experience including evidence of student
performance.
[H]E. "Eminence" means distinguished ability in rank,
in attainment of superior knowledge and skill in comparison with
the generally accepted standards and achievements in the area in
which the authorization is sought as provided in R277-520-[6]5.
[I. "Highly qualified" means a teacher has met the
specific requirements of ESEA, NCLB, Title IX, Part A, 20 U.S.C.
7801, Section 9101(23).
J. J-1 Visa means a visa issued by the U.S. Department of
State to an international exchange visitor who has qualified by
training and experience to work in U.S. schools for a period not
to exceed three years. Such international exchange visitors may
qualify for "highly qualified" status under NCLB only
if assigned within their subject matter competency.
] [K]F. "LEA"
or "local education agency" means a school
district, [or ]charter school or, for purposes of this rule, the Utah Schools for the Deaf and
the Blind.
[L]G. "Letter of authorization" means a designation
given to an individual for one year, such as an out-of-state
candidate or individual pursuing an alternative license, who has
not completed the requirements for a Level 1, 2, or 3 license or
who has not completed necessary endorsement requirements and who is
employed by an [school district]LEA.[A teacher working under a letter of authorization who is
not an alternative routes to licensing (ARL) candidate, cannot be
designated highly qualified under R277-520-1I.]
[M]H. "Level 1 license" means a Utah professional
educator license issued upon completion of an approved preparation
program or an alternative preparation program, or pursuant to an
agreement under the NASDTEC Interstate [Contract]Agreement, to candidates who have also met all ancillary
requirements established by law or rule.
[N]I. "Level 2 license" means a Utah professional
educator license issued after
:
(1) satisfaction of all requirements for a Level 1 license; [as well as completion of Entry Years Enhancements (EYE) for
Quality Teaching - Level 1 Utah Teachers, as provided in R277-522,
a minimum of three years of successful teaching in a public or
accredited private school, and completion of all NCLB requirements
at the time the applicant is licensed.]
(2) satisfaction of requirements under R277-522 for teachers whose employment as a Level 1 licensed educator began after January 1, 2003 in a Utah public LEA or accredited private school;
(3) at least three years of successful education experience in a Utah public LEA or accredited private school or one year of successful education experience in a Utah public LEA or accredited private school and at least three years of successful education experience in a public LEA or accredited private school outside of Utah; and
(4) satisfaction of additional requirements established by law or rule.
[O]J. "Level 3 license" means a Utah professional
educator license issued to an educator who holds a current Utah
Level 2 license and has also received[, in the educator's field of practice,]
National Board certification or a doctorate in education or in a
field related to a content area [under R277-501-1M from an accredited institution]in a unit of the public education system or an accredited
private school from an accredited institution, or holds a
Speech-Language Pathology area of concentration and has obtained
American Speech-Language Hearing Association (ASHA)
certification.
[P]K. "License areas of concentration" [are]means designations to licenses obtained by completing an
approved preparation program or an alternative preparation program
in a specific area of educational studies such as Early Childhood
(K-3),
Elementary (K-6), Elementary 1-8, Middle (still valid, but not issued after 1988, 5-9), Secondary
(6-12), Administrative/Supervisory (K-12), [Applied Technology]Career and Technical Education, School Counselor, School
Psychologist, School Social Worker, Special Education (K-12),
Preschool Special Education (Birth-Age 5), Communication Disorders, Speech-Language Pathologist, and Speech-Language Technician.
License areas of concentration may also bear endorsements relating
to subjects or specific assignments.
[Q]L. "License endorsement (endorsement)" means a
specialty field or area earned through
completing required course work [equivalent to at least an academic minor (with
pedagogy)]established by the USOE or through demonstrated competency approved by the USOE; the endorsement shall be listed on the
Professional Educator License indicating the specific
qualification(s) of the holder.
[R. "Major equivalency" means 30 semester hours of
USOE and local board-approved postsecondary education credit or
CACTUS-recorded professional development in NCLB core academic
subjects as appropriate to satisfy NCLB highly qualified
status.
][S]M. "No Child Left Behind Act (NCLB)" means the
federal Elementary and Secondary Education Act, P.L. 107-110, Title
IX, Part A, Section 9101(11).
[T]N. "Professional staff cost program funds" means
funding provided to school districts based on the percentage of a
district's professional staff that is appropriately licensed in
the areas in which staff members teach.
[U. "State qualified" means that an individual has
met the Board-approved requirements to teach core or non-core
courses in Utah public schools.
][V]O. "SAEP" means State Approved Endorsement
Program. This identifies an educator working on a professional
development plan to obtain an endorsement.
[W]P. "USOE" means the Utah State Office of
Education.
R277-520-2. Authority and Purpose.
A. This rule is authorized by Utah Constitution, Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-401(3) which gives the Board authority to adopt rules in accordance with its responsibilities, and Section 53A-6-104(2)(a) which authorizes the Board to rank, endorse, or classify licenses. This rule is also necessary in response to ESEA NCLB.
B. The purpose of this rule is to provide criteria for local boards to employ educators in appropriate assignments, for the Board to provide state funding to local school boards for appropriately qualified and assigned staff, and for the Board and local boards to satisfy the requirements of ESEA in order for local boards to receive federal funds.
R277-520-3. Required Licensing.
A. All teachers in public schools shall hold a Utah educator license along with appropriate areas of concentration and endorsements.
B. LEAs shall receive assistance from the USOE to the extent of resources available to have all teachers fully licensed.
C. LEAs are expected to hire teachers who
are licensed or in the process of becoming fully licensed and
endorsed. Failure to ensure that an educator has appropriate
licensure [consistent with timelines provided in R277-501 ]may result in the USOE withholding all LEA funds related to salary
supplements under Section 53A-17a-153 and R277-110 and educator
quality under Section 53A-17a-107(2) and R277-486 until teachers
are appropriately licensed pursuant to the Board's authority under Section
53A-1-401(3).
R277-520-4. Appropriate Licenses with Areas of Concentration and Endorsements.
A. An [early childhood teacher]educator assigned to teach a class in [(]kindergarten through
grade 3[)] shall hold
:
(1) a [Level 1, 2, or 3 license]current Utah Educator License with an early childhood (k-3) license area of concentration;
(2) an elementary (k-6) license area of concentration; or
(3) for an educator assigned to teach a class in grade 1 through grade 3, an elementary (1-8) license area of concentration.
B. An [elementary teacher]educator assigned to teach a class in [(one]grade 4 through
grade 8[)] in an elementary setting shall hold a [Level 1, 2, or 3 license]current Utah Educator License with an elementary
(k-6) or an elementary (1-8) license area of
concentration.
C. An elementary content specialist in
Fine Arts or Physical Education shall hold a [Level 1, 2, or 3 license]current Utah Educator License with an elementary [license area of concentration ]or [a ]secondary license area of concentration with
the appropriate K-12 [subject/]content endorsement.
D. An elementary content specialist in
reading or English as a Second Language shall hold a [Level 1, 2, or 3 license]current Utah Educator License with an elementary [license area of concentration with the appropriate
subject/content endorsement] or [a ]secondary license area of concentration with
the appropriate subject/content endorsement.[Placing a content specialist in a setting out of the
specialist's license area of concentration shall be based on
exceptional circumstances and in consultation with the
USOE.]
E. An [secondary teacher]educator assigned to teach a class in [(]grade[s] 6[-12)]through grade 8, including [high school, ]middle-level, intermediate, and
junior high schools, shall hold a [Level 1, 2, or 3 license]current Utah Educator License with a
n elementary (1-8) or a secondary
(6-12) license area of concentration with
the appropriate subject/content endorsement[s in]
for all[teaching] assign[ment(s)]ed courses.
F. [A teacher with a subject-specific assignment in grades 6, 7
or 8 shall hold a secondary license area of concentration with
endorsement(s) for the specific teaching assignment(s) or an
elementary license area of concentration with the appropriate
subject/content endorsement(s).]An educator assigned to teach a class in grade 9 through grade
12 shall hold a current Utah Educator License with a secondary
(6-12) or a career and technical education license area of
concentration with the appropriate subject/content endorsement for
all assigned courses.
G. An educator assigned to serve or teach a class of students with disabilities shall hold a current Utah Educator License with a special education (k-12) license area of concentration and, if the educator is the teacher of record of secondary mathematics for students with disabilities, shall also hold the appropriate subject/content endorsement.
[G. An elementary (grades 7-8), a secondary or middle-level
teacher may be assigned temporarily in a core or non-core academic
area for which the teacher is not endorsed if the local board
requests and receives a letter of authorization from the Board and
the teacher is placed on an approved SAEP.
] H. An educator assigned to serve preschool-aged students with disabilities shall hold a current Utah Educator License with a preschool special education (birth-age 5) license area of concentration.
[H. Secondary educators with special education areas of
concentration may add content endorsement(s) to their educator
licenses consistent with R277-520-11 (SAEP).
] I. An educator assigned to provide student support services as defined in R277-506 shall hold a current Utah Educator License with the appropriate support service license area of concentration.
[I. Educators who have qualified for a J-1 Visa as an
international visitor and have provided documentation of holding
the equivalent of a bachelors degree, subject content mastery, and
appropriate work/graduate training may qualify for a Utah Level 1
license. Such temporary visitors may be exempted, at the
employer's discretion, from subject content testing, license
renewal requirements, and EYE requirements for the duration of
their visa eligibility.
] J. An educator assigned as a school-based or LEA-based specialist shall hold a current Utah Educator License with the appropriate license area of concentration and endorsement as defined by the LEA.
K. An educator assigned in an administrative position requiring an educator license, as defined by the district, shall hold a current Utah Educator License and an administrative/supervisory (k-12) license area of concentration.
(1) A superintendent of a school district may be licensed with a letter of authorization granted by the Board consistent with Section 53A-3-301.
(2) An educator assigned in an administrative position in a charter schools is exempt from this requirement consistent with Section 53A-1a-511.
[R277-520-5. Routes to Utah Educator Licensing.
A. In order to receive a license, an educator shall have
completed a bachelors degree at an approved higher education
institution and:
(1) completed an approved institution of higher education
teacher preparation program in the desired area of concentration;
or
(2) completed an approved alternative preparation for
licensing program, under alternative routes to licensing,
consistent with R277-503.
B. An individual may receive a Utah license with an
applied technology area of concentration following successful
completion of a USOE-approved professional development program
for teacher preparation in applied technology education.
C. An individual may receive a district-specific,
competency-based license under Section 53A-6-104.5 and
R277-520-9.
]R277-520-[6]5
. Eminence.
A. The purpose of an eminence
authorization is to allow individuals with exceptional training or
expertise, consistent with R277-520-1[G]F, to teach or work in the public schools on a limited
basis. Documentation of the exceptional training, skill(s) or
expertise may be required by the USOE prior to the approval of the
eminence authorization.
B. Teachers with an eminence authorization
may teach no more than 37 percent of the regular instructional load
except as provided in R277-520-[6]5C.
C. In identified circumstances, teachers with an eminence authorization may teach more than 37 percent of the regular instructional load. An eminence authorization may be approved by the Board if:
(1) the LEA can find no other qualified individual to fill the position, then:
(a) the LEA shall submit the following documented information to the USOE annually:
(i) description;
(ii) recruitment efforts;
(iii) the qualifications of all applicants; and
(iv) the LEA's rationale for hiring the individual.
(b) the USOE shall review the information within 15 days of receipt.
(c) the USOE shall notify the individual and the LEA if the USOE approves the documented information.
(d) the LEA shall submit a request for a Letter of Authorization to the Board for the individual through normal administrative procedures; or
(2) An individual has exceptional skills, expertise, and experience that make him the primary candidate for the position, then:
(a) the LEA shall submit the following documented information to the USOE annually:
(i) information about the position;
(ii) the individual's expertise, and experience; and
(iii) the LEA's rationale for hiring the individual.
(b) the USOE shall review the information within 15 days of receipt.
(c) the USOE shall notify the individual and the LEA if the USOE approves the documented information.
(d) the LEA shall submit a request for a Letter of Authorization to the Board for the individual through normal administrative procedures.
D. LEAs shall require an individual teaching with an eminence authorization to have a criminal background check consistent with Section 53A-3-410(1) prior to employment by the LEA.
E. The LEA that employs the teacher with an eminence authorization shall determine the amount and type of professional development required of the teacher.
F. An LEA that employs teachers with eminence authorizations shall apply for renewal of the authorization(s) annually.
G. Eminence authorizations may apply to individuals without teaching licenses or to unusual and infrequent teacher situations where a license-holder is needed to teach in a subject area for which he is not endorsed, but in which he may be eminently qualified.
[R277-520-7. State Qualified Teachers.
A. A teacher has a Utah Level 1, 2 or 3 license or a
district-specific competency-based license.
B. A teacher has an appropriate area of
concentration.
C. A teacher in grades 6-12 has the required endorsement
for the course(s) the teacher is teaching by means of:
(1) an academic teaching major from an accredited
postsecondary institution, or a passing score on content test(s)
and pedagogy test(s), if available, or USOE-approved pedagogy
courses; or
(2) an academic major or minor from an accredited
postsecondary institution; or
(3) completion of a personal development plan under an
SAEP in the appropriate subject area(s) as explained under
R277-520-11 with approval from the USOE specialist(s) in the
endorsement subject areas.
D. On an annual basis, local boards/charter school boards
shall request letters of authorization for teachers who are
teaching classes for which they are not endorsed.
R277-520-8. Highly Qualified Teachers.
A. A secondary teacher (7-12) is considered highly
qualified if the teacher meets the requirements of
R277-501-4.
B. An elementary/early childhood teacher (grades K-8) is
considered highly qualified if the teacher meets the requirements
of R277-501-5.
R277-520-9. School District/Charter School Specific
Competency-based Licensed Teachers.
A. The following procedures and timelines apply to the
employment of educators who have not completed the traditional
licensing process under R277-520-5A, B, or C:
(1) A local board/charter school board may apply to the
Board for a school district/charter school specific
competency-based license to fill a position in the
district.
(2) The employing school district shall request a school
district/charter school specific competency-based license no
later than 60 days after the date of the individual's first
day of employment.
(3) The application for the school district/charter
school specific competency-based license for an individual to
teach one or more core academic subjects shall provide
documentation of:
(a) the individual's bachelors degree; and
(b) for a K-6 grade teacher, the satisfactory results of
the rigorous state test including subject knowledge and teaching
skills in the required core academic subjects under Section
53A-6-104.5(3)(ii) as approved by the Board; or
(c) for the teacher in grades 7-12, demonstration of a
high Level of competency in each of the core academic subjects in
which the teacher teaches by completion of an academic major, a
graduate degree, course work equivalent to an undergraduate
academic major, advanced certification or credentialing, results
or scores of a rigorous state core academic subject test in each
of the core academic subjects in which the teacher
teaches.
(4) The application for the school district/charter
school specific competency-based license for non-core teachers in
grades K-12 shall provide documentation of:
(a) a bachelors degree, associates degree or skill
certification; and
(b) skills, talents or abilities specific to the teaching
assignment, as determined by the local board/charter school
board.
(5) Following receipt of documentation, the USOE shall
approve a district/charter school specific competency-based
license.
(6) If an individual employed under a school
district/charter school specific competency-based license leaves
the district before the end of the employment period, the
district shall notify the USOE Licensing Section regarding the
end-of-employment date.
(7) The school district/charter school specific
competency-based license for an individual's district/charter
school specific competency-based license shall be valid only in
the district/charter school that originally requested the school
district/charter school specific competency-based license and for
the individual originally employed under the school
district/charter school specific competency-based
license.
B. The written copy of the state-issued district-specific
competency-based license shall prominently state the name of the
school district/charter school followed by DISTRICT/CHARTER
SCHOOL-SPECIFIC COMPETENCY-BASED LICENSE.
C. A school district/charter school may change the
assignment of a school district/charter school-specific
competency-based license holder but notice to USOE shall be
required and additional competency-based documentation may be
required for the teacher to remain qualified or highly
qualified.
D. School district/charter school specific
competency-based license holders are at-will employees consistent
with Section 53A-8-106(5).
]R277-520-[10]6
. Routes to Appropriate Endorsements for Teachers.
[Teachers shall be appropriately endorsed for their teaching
assignment(s). To be highly qualified:
A. teachers may obtain the required endorsement(s) with a
major or composite major or major equivalency consistent with
their teaching assignment(s), including appropriate pedagogical
competencies; or
B. teachers who have satisfactorily completed a minimum
of nine semester hours of USOE-approved university level courses
may complete a professional development plan under an SAEP in the
appropriate subject area(s) with approval from USOE Curriculum
specialists; or
]A. An educator may add an endorsement to an existing license area of concentration by completing the endorsement requirements established by the USOE.
B. Endorsement requirements in core academic subject areas shall include passage of the Board-approved content knowledge assessment.
C. [t]Teachers may demonstrate competency in the subject area(s)
of their teaching assignment(s)
as approved by the USOE content area specialist to meet specific
endorsement requirements except the Board-approved content
knowledge assessment.[In order to be endorsed through demonstrated competency,
the educator shall pass designated Board-approved content knowledge
and pedagogical knowledge assessments as they become
available.]
D. [individuals]Educators shall be properly endorsed consistent with
R277-520-[4]3 or have USOE-approved SAEPs. Otherwise, the Board may
withhold professional staff cost program funds
pursuant to the Board's authority under Section
53A-1-401(3).
R277-520-[11]7
. Board-Approved Endorsement Program (SAEP).
A. [Teachers in any educational program who are assigned to
teach out of their area(s) of endorsement]An educator assigned to teach in a subject for which he does not
hold the appropriate endorsement and who ha[ve]s successfully completed at least nine
semester credit hours of [USOE-approved university level courses]the endorsement requirements shall [participate in]be placed on an SAEP[and make satisfactory progress within the period of the
SAEP] as determined by USOE specialists.[
B. The employing school district shall identify teachers
who do not meet the state qualified definition and provide a
written justification to the USOE.]
[C]B. Individuals participating in SAEPs shall demonstrate
progress toward completion of the required endorsement(s) annually,
as determined jointly by the school district/charter school and the
USOE.
[D]C. An SAEP may be granted for one two-year period and may be
[renewed]extended by the USOE[, upon written justification from the school
district,] for [one]up to two additional [two-year period]years if the individual has made progress towards completing the
SAEP.
D. An individual currently participating in an SAEP is considered to hold the endorsement for the purposes of meeting the requirements of R277-520-4.
R277-520-[12]8. Background Check Requirement and Withholding of State Funds
for Non-Compliance.
A. Educators qualified under any provision of this rule shall also satisfy the criminal background requirement of Section 53A-3-410 prior to unsupervised access to students.
B. If LEAs do not appropriately employ and assign teachers consistent with this rule, they may have state appropriated professional staff cost program funds withheld pursuant to R277-486, Professional Staff Cost Formula pursuant to the Board's authority under Section 53A-1-401(3).
[C. Local boards/charter school boards shall report highly
qualified educators in core academic subjects and educators who do
not meet the requirements of highly qualified educators in core
academic subjects beginning July 1, 2003.
]
KEY: educators, licenses, assignments
Date of Enactment or Last Substantive Amendment: [June 7, 2012]2015
Notice of Continuation: May 15, 2015
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-6-104(2)(a)
Additional Information
More information about a Notice of Proposed Rule is available online.
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For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov. For questions about the rulemaking process, please contact the Division of Administrative Rules.