DAR File No. 40100

Education, Administration

Rule R277-510

Educator Licensing - Highly Qualified Assignment

Notice of Proposed Rule

(Amendment)

DAR File No.: 40100
Filed: 01/14/2016 09:58:39 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-510 is amended to provide updated language and terminology that clarifies the requirements and procedures for an educator to be considered highly qualified under the No Child Left Behind Act (NCLB). Technical and conforming changes to the rule to be in compliance with the "Utah Administrative Rule Drafting Manual" are also provided.

Summary of the rule or change:

The amendments to Rule R277-510 provide updated language and terminology and also provide technical and conforming changes throughout the rule.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Article X, Section 3
• Section 53A-6-104

Anticipated cost or savings to:

the state budget:

The amendments provide updated language, terminology, and technical changes for clarification purposes, which will likely not result in a cost or savings to the state budget.

local governments:

The amendments provide updated language, terminology, and technical changes for clarification purposes, which will likely not result in a cost or savings to local government.

small businesses:

The amendments provide updated language, terminology, and technical changes for clarification purposes, which will likely not result in a cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

The amendments provide updated language, terminology, and technical changes for clarification purposes, which will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The amendments provide updated language, terminology, and technical changes for clarification purposes, which will likely not result in any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule.

Sydnee Dickson, Acting State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
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 [email protected]

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:

03/02/2016

This rule may become effective on:

03/09/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

R277. Education, Administration.

R277-510. Educator Licensing - Highly Qualified Assignment.

R277-510-[2]1 . Authority and Purpose.

[A.](1) This rule is authorized by :

(a) Utah Constitution Article X, Section 3 , which vests general control and supervision of public education in the Board[,];

(b) Section [53A-1-401(1)(a)]53A-6-104, which directs the Board to establish rules setting minimum standards for educators who provide direct student services[,]; and

(c) S ubsection 53A-1-401(3) , which permits the Board to adopt rules in accordance with its responsibilities.

[B.](2) The purpose of this rule is to provide definitions and requirements for an educator assignment to meet federal requirements for highly qualified status.

 

R277-510-[1]2 . Definitions.

[A. "Board" means the Utah State Board of Education.]

[B.](1) "Core academic subjects" 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).

[C. "Date of hire" means the date on which the initial employment contract is signed between educator and employer for a position requiring a professional educator license.

D. "Endorsement" means a qualification based on content area mastery obtained through a higher education major or minor or through a state-approved endorsement program, consistent with R277-503-1E and R277-503-5.

E.](2) "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) or 34 CFR 200.56.

[F. "IDEA" means the Individuals with Disabilities Education Act, Title 1, Part A, Section 602.]

(3) "License endorsement" or "endorsement" means:

(a) a speciality field or area earned through completing required course work established by the Superintendent or through demonstrated competency approved by the Superintendent; and

(b) listed on the Professional Educator License indicating the specific qualifications of the holder.

[G. "Multiple subject teacher" means a teacher in a necessarily existent small school as defined under R277-445 or as a special education teacher consistent with IDEA, Title 1, Part A, Section 602, or in a Youth in Custody program as defined under R277-709 or a board-designated alternative school whose size meets necessarily existent small school criteria as defined under R277-445, who teaches two or more Core academic subjects defined under R277-510-1B or under R277-700.

H.](4) "NCLB" means the Elementary and Secondary Education Act (ESEA), also known as the No Child Left Behind Act (NCLB), 20 U.S.C. 7801.

[I.](5) "Restricted endorsement" means an endorsement available and limited to teachers in necessarily existent small schools as determined under R277-445[, teachers in alternative schools that meet the size criteria of R277-445, and teachers in youth in custody programs or to special educators seeking highly qualified status in mathematics, language arts, or science. Teacher qualifications shall] that include s at least nine semester hours of [USOE]Superintendent-approved university-level courses in each course taught by the teacher holding a restricted endorsement.

[J.](6) "Teacher of record" for the purposes of this rule means the teacher to whom students are assigned for purposes of reporting for[USOE] data submissions to the Superintendent.

[K. "USOE" means the Utah State Office of Education.]

 

R277-510-3. NCLB Highly Qualified Assignments - Early Childhood Teachers K-3.

[A.](1) For a teacher assignment in kindergarten through grade 3 to be designated as NCLB highly qualified, the [teacher's qualifications shall match the NCLB requirements of content expertise for the assignment. A special educator assigned in an elementary school as the classroom teacher of record shall meet the NCLB requirements for the assignment. The ]teacher shall have:

([1]a) a bachelor's degree;[and]

([2]b) a[n] Utah educator license with an early childhood area of concentration; and

([3]c) a passing score at the level designated by the [USOE]Superintendent on a Board-approved [subject area]content knowledge test.

[B.](2) NCLB requirements do not apply to pre-[K]k assignments.

 

R277-510-4. NCLB Highly Qualified Assignments - Elementary Teachers 1-8.

[A. ]For a teacher assignment in grades 1 through 8 in an elementary setting to be designated as NCLB highly qualified, the [teacher's qualifications shall match the NCLB requirements of content expertise for the assignment. A special educator assigned in an elementary school as the classroom teacher of record shall meet the NCLB requirements for the assignment. The ]teacher shall have:

(1) a bachelor's degree;[and]

(2) a[n]Utah educator license with an elementary area of concentration; and

(3) a passing score at the level designated by the [USOE]Superintendent on a Board-approved [subject area]content knowledge test.

[B. A teacher holding a license with an elementary area of concentration assigned to teach an NCLB core academic subject in a secondary school shall meet the requirements of R277-510-5A.]

 

R277-510-5. NCLB Highly Qualified Assignments - Secondary Teachers 6-12.

[A.](1) For a teacher assignment in grades 6 through 12 to be designated as NCLB highly qualified, the [teacher's qualifications shall match the NCLB requirements of content expertise for the assignment. The ]teacher shall have:

([1]a) a bachelor's degree;[and]

([2]b) a[n] Utah educator license with a secondary area of concentration and endorsement in the content area assigned; and

([3]c) at least one of the following in the assignment content area:

([a]i) a university major degree, masters degree, doctoral degree, or National Board Certification in a related NCLB core academic content area;[or]

([b]ii) a course work equivalent of a major degree (30 semester or 45 quarter hours) in a related NCLB core academic content area; or

([c]iii) a passing score at the level designated by the [USOE]Superintendent on a Board-approved [subject area]content knowledge test in a related NCLB core academic content area; if no Board-approved test is available, an endorsement is sufficient for highly qualified status.

[B.](2) An assignment in grades 7 or 8 in a secondary setting given to a teacher holding an elementary area of concentration may be designated as NCLB highly qualified if the teacher holds an endorsement in the content area and meets one of the requirements of Subsection R277-510-5[A]([3]1) (c)[above].

[C.](3) The[se] requirements [are]described in this section only app[licable]y to NCLB core academic subject assignments.

[D.](4) Each NCLB core academic course assignment in grades 6 through 12 is subject to the above standards.

 

R277-510-6. NCLB Highly Qualified Assignments - Special Education Teachers.

[A.](1) For a special education teacher assignment in grades [K]k-8 , excluding grade 7 or 8 mathematics, [to be designated as NCLB highly qualified, the teacher's qualifications shall match the NCLB requirements of content expertise for the assignment. A special educator assigned ]as the classroom teacher of record for a NCLB core academic subject to be designated as NCLB highly qualified, the teacher shall have:

([1]a) a bachelor's degree;[and]

([2]b) a[n] Utah educator license with a special education area of concentration; and

([3]c) [any one of the following in the assignment content area:

(a) ]a passing score on a Board-approved elementary content test .[; or

(b) a university major degree, masters degree, doctoral degree, or National Board Certification and an endorsement in the content area; or

(c) a course work equivalent of a major degree (30 semester or 45 quarter hours) and an endorsement in the content area; or

(d) a passing score at the level designated by the USOE on a Board-approved subject area test and an endorsement in the content area.]

([4]2) A special educator who would be NCLB highly qualified as a teacher of record in an elementary[/] or early childhood regular education assignment is also NCLB highly qualified as a teacher of record in a special education assignment.

[B.](3) For a special education teacher assignment in grades 7-12 [to be designated as NCLB highly qualified, the teacher's qualifications shall match the NCLB requirements of content expertise for the assignment. A special educator assigned ]as the classroom teacher of record for a NCLB core academic subject to be designated as NCLB highly qualified, the teacher shall have:

([1]a) a bachelor's degree;[and]

([2]b) a[n] Utah educator license with a special education area of concentration; and

([3]c) any one of the following in the assignment content area:

([a]i) a passing score at the level designated by the [USOE]Superintendent on a Board-approved [subject area]content knowledge test in a related NCLB core academic content area[.];

[(b) a passing score on a Board-approved content test; or]

([c]ii) documentation of satisfactory professional development and experience as approved by the [USOE]Superintendent in a related NCLB core academic content area;[or]

([d]iii) a university major degree, masters degree, doctoral degree, or National Board Certification in a related NCLB core academic content area; or

([e]iv) a course work equivalent of a major degree (30 semester or 45 quarter hours) in a related NCLB core academic content area.

[C.](4)(a) IDEA may contain requirements for teacher qualifications in addition to the requirements of NCLB and this rule.

(b) R277-510 does not replace, [supercede]supersede, or nullify any of th[ose]e teacher qualification requirements of IDEA.

 

R277-510-7. NCLB Highly Qualified Assignments - Necessarily Existent Small Schools[Multiple Subject Teachers] 7 - 12.

[A. ]For a necessarily existent small school[multiple subject] teacher assignment in grades 7 through 12 to be designated as NCLB highly qualified, [the teacher's qualifications shall match the NCLB requirements of content expertise for the assignment. T]the teacher shall have:

(1) a bachelor's degree;[and]

(2) an educator license with a secondary area of concentration;[and]

(3) an endorsement in the assignment content area; and

(4) at least one of the following in the assignment content area:

(a) a university major degree, masters degree, doctoral degree, or National Board Certification;[or]

(b) a course work equivalent of a major degree (30 semester or 45 quarter hours);[or]

(c) a passing score at the level designated by the [USOE]Superintendent on a Board-approved [subject area]content knowledge test[.]; or

(d) documentation of satisfactory professional development and experience as approved by the Superintendent in a related NCLB core academic content area.

[B. The Director of Educator Quality and Licensing at the USOE shall annually publish a list of qualifying small schools, consistent with R277-445.]

 

R277-510-8. LEA Highly Qualified Plans.

[A.](1) [Each school district and charter school]An LEA shall submit a plan to the [USOE]Superintendent describing strategies for progressing toward and maintaining the highly qualified status of all educator assignments[to which this rule applies].

(2) [Each]A plan described in Subsection (1) shall be updated annually.

[B.](3) The [USOE]Superintendent shall review [school district and charter school]LEA plans and provide technical support to [districts and charter schools]LEAs to assist them in carrying out their plans to the extent of staff[/] and resources available.

[C.](4) The [USOE]Superintendent shall set timelines for submission and review of [school district and charter school]LEA plans.

 

R277-510-9. Highly Qualified Timelines and Rules in Relation to Other Board Rules.

[A.](1) Documented determinations of highly qualified status under previously enacted Board rules shall remain in effect notwithstanding any subsequent changes in highly qualified requirements.

[B.](2) Other Board rules may include requirements related to licensure or educator assignment that do not specifically apply to NCLB highly qualified assignment status.

(3) This R277-510 does not [supercede]supersede, replace, or nullify any of the[se] requirements in other Board rules.

 

KEY: educators, highly qualified

Date of Enactment or Last Substantive Amendment: [March 10, 2009]2016

Notice of Continuation: January 14, 2016

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(1)(a); 53A-1-401(3)