DAR File No. 41785
This rule was published in the July 1, 2017, issue (Vol. 2017, No. 13) of the Utah State Bulletin.
Education, Administration
Rule R277-520
Appropriate Licensing and Assignment of Teachers
Notice of Proposed Rule
(Amendment)
DAR File No.: 41785
Filed: 06/09/2017 12:33:03 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
Rule R277-520 is amended to incorporate provisions in a new rule that provides for new deaf education licensing and updates the rule in accordance with the Rulemaking Manual for Utah.
Summary of the rule or change:
The amendments to Rule R277-520 incorporate provisions for new deaf education licensing and provide technical and conforming changes to the rule in accordance with the Rulemaking Manual for Utah.
Statutory or constitutional authorization for this rule:
- Section 53A-1-401
- Art X, Sec 3
Anticipated cost or savings to:
the state budget:
Amendments to Rule R277-520 incorporate provisions for deaf education licensing and provide technical and conforming changes, which will likely not result in a cost or savings to the state budget.
local governments:
Amendments to Rule R277-520 incorporate provisions for deaf education licensing and provide technical and conforming changes, which will likely not result in a cost or savings to local government.
small businesses:
Amendments to Rule R277-520 incorporate provisions for deaf education licensing and provide technical and conforming changes, which will likely not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
Amendments to Rule R277-520 incorporate provisions for deaf education licensing and provide technical and conforming changes, 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:
Amendments to Rule R277-520 incorporate provisions for deaf education licensing and provide technical and conforming changes, which likely will not result in any compliance costs for affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
After conducting a thorough analysis, it was determined that the amendments to this rule will not result in a fiscal impact to businesses.
Sydnee Dickson, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Office 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:
07/31/2017
This rule may become effective on:
08/07/2017
Authorized by:
Angela Stallings, Deputy Superintendent, Policy and Communication
RULE TEXT
R277. Education, Administration.
R277-520. Appropriate Licensing and Assignment of Teachers.
R277-520-[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]over public education in the Board[,];
(b) Section 53A-1-401[(3)], which [gives]allows the Board [authority to adopt rules in accordance with its
responsibilities]to make rules to execute the Board's duties and
responsibilities under the Utah Constitution and state law[,]; and
(c) Subsection 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.](2) The purpose of this rule is to provide criteria for
:
(a) local
school boards to employ educators in appropriate
assignments[,];
(b) [for ]the Board to provide state funding to local
school boards for appropriately qualified and assigned staff[,]; and
(c) [for ]the Board and local
school boards to satisfy the requirements of ESEA in order
for local
school boards to receive federal funds.
R277-520-[1]2. Definitions.
[A. "Board" means the Utah State Board of
Education.]
[B.](1) "Content specialist" means a licensed educator
who provides instruction or specialized support for students and
teachers in a school setting.
[C.](2) "Core academic subjects or areas"
under the Elementary and Secondary Education Act (ESEA), Title
IX, Part A, 20 U.S.C. 7801, Section 9101(11) means
:
(a) English[,];
(b) reading or language arts[,];
(c) mathematics[,];
(d) science[,];
(e) foreign languages[,];
(f) civics and government[,];
(g) economics[,];
(h) arts[,];
(i) history[,]; and
(j) 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)].
[D.](3) "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:
(a) completed [USOE-]Board approved course work[,];
(b) content test[(]s[),]; or
(c) years of successful experience including evidence of student performance.
[E.](4) "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 R277-520-5.
[F. "LEA" or "local education agency"
means a school district, charter school or, for purposes of this
rule, the Utah Schools for the Deaf and the Blind.]
[G.](5) "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 LEA.
[H.](6) "Level 1 license" means:
(a) a Utah professional educator license issued upon
completion of an approved preparation program or an alternative
preparation program[,]; or
(b) pursuant to an agreement under the NASDTEC Interstate Agreement, to candidates who have also met all ancillary requirements established by law or rule.
[I. "Level 2 license" means a Utah professional
educator license issued after:
(1) satisfaction of all requirements for a Level 1
license;
(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.]
(7) "Level 2 license" means a Utah professional educator license issued to an applicant after the Level 2 applicant:
(a) completes all requirements for a Level 1 license;
(b) completes the requirements under R277-522 for a teacher whose employment as a Level 1 licensed educator began after January 1, 2003 in a Utah public or accredited private school;
(c) completes:
(i) at least three years of successful education experience in a Utah public LEA or accredited private school; or
(ii)(A) one year of successful education experience in a Utah public LEA or accredited private school; and
(B) at least three years of successful education experience in a public LEA or accredited private school outside of Utah; and
(d) completes additional requirements established by law or rule.
[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 National Board certification
or a doctorate in education or in a field related to a content area
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.]
(8) "Level 3 license" means a Utah professional educator license issued to an educator who:
(a) holds a current Utah Level 2 license; and
(b) receives:
(i) National Board Certification;
(ii) a doctorate in:
(A) education; or
(B) a field related to a content area in a unit of the public education system or an accredited private school; or
(iii)(A) a Speech-Language Pathology area of concentration; and
(B) currently holds American Speech-Language Hearing Association (ASHA) certification.
[K.](9)(a) "License areas of concentration" means
a designation[s] to
a license[s] obtained by completing an approved preparation
program or an alternative preparation program in a specific area of
educational studies [such as]that may include:
(i) Early Childhood ([K]k-3)[,];
(ii) Elementary ([K]k-6)[,];
(iii) Elementary 1-8[,];
(iv) Middle (still valid, but not issued after 1988, 5-9)[,];
(v) Secondary (6-12)[,]:
(vi) Administrative/Supervisory ([K]k-12)[,];
(vii) Career and Technical Education[,];
(viii) School Counselor[,];
(ix) School Psychologist[,];
(x) School Social Worker[,];
(xi) Special Education ([K]k-12)[,];
(xii) Preschool Special Education ([B]birth-[A]age 5)[,];
(xiii) Communication Disorders[,];
(xiv) Speech-Language Pathologist[,]; and
(xv) Speech-Language Technician.
(b) License areas of concentration may also bear endorsements relating to subjects or specific assignments.
[L.](10)(a) "License endorsement
" or [(]"endorsement[)]" means a specialty field or area earned
through completing required course work established by the [USOE]Board or through demonstrated competency approved by the [USOE]Board;
(b) [t]The endorsement shall be listed on the Professional Educator
License indicating the specific qualification[(s)] of the holder.
[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).]
[N.](11) "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.
[O.](12) "SAEP" means State Approved Endorsement
Program. This identifies an educator working on a professional
development plan to obtain an endorsement.
[P. "USOE" means the Utah State Office of
Education.]
R277-520-3. Required Licensing.
[A.](1) All teachers in public schools shall hold a Utah
educator license along with appropriate areas of concentration and
endorsements.
[B.](2)
An LEA[s] shall receive assistance from the [USOE]Superintendent to the extent of resources available to have
all teachers fully licensed.
[C.](3)
An LEA[s are]
is expected to hire teachers who are licensed or in the
process of becoming fully licensed and endorsed.
(4) Failure to ensure that an educator has appropriate
licensure may result in the [USOE]Board withholding all LEA funds related to salary
supplements under Section 53A-17a-153 and R277-110 and educator
quality under Subsection 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.](1) An educator assigned to teach a class in kindergarten
through grade 3 shall hold[:
(1)] a current Utah Educator License with
:
(a) an early childhood (k-3) license area of concentration;
([2]b) an elementary (k-6) license area of concentration;[ or]
([3]c) for an educator assigned to teach a class in grade 1
through grade 3, an elementary (1-8) license area of concentration[.]; or
(d) for an educator assigned to teach a class composed of deaf and hard of hearing students, a deaf education (birth-age 22) license area of concentration.
[B.](2) An educator assigned to teach a class in grade 4 through
grade 8 in an elementary setting shall hold a current Utah Educator
License with
:
(a) an elementary (k-6) or an elementary (1-8) license area
of concentration[.]; or
(b) for an educator assigned to teach a class composed of deaf and hard of hearing students, a deaf education (birth-age 22) license area of concentration.
[C.](3) An elementary content specialist in Fine Arts or
Physical Education shall hold a current Utah Educator License with
an elementary or secondary license area of concentration with the
appropriate K-12 content endorsement.
[D.](4) An elementary content specialist in reading or English
as a Second Language shall hold a current Utah Educator License
with an elementary or secondary license area of concentration with
the appropriate subject/content endorsement.
[E.](5) An educator assigned to teach a class in grade 6 through
grade 8, including middle-level, intermediate, and junior high
schools, shall hold a current Utah Educator License with
:
(a) an elementary (1-8) or a secondary (6-12) license area
of concentration with the appropriate subject/content endorsement
for all assigned courses[.]; or
(b) for an educator assigned to teach a class composed of deaf and hard of hearing students, a deaf education (birth-age 22) license area of concentration with the appropriate subject or content endorsement for all assigned courses.
[F.](6) An educator assigned to teach a class in grade 9 through
grade 12 shall hold a current Utah Educator License with
:
(a) a secondary (6-12) or a career and technical education
license area of concentration with the appropriate subject/content
endorsement for all assigned courses[.]; or
(b) for an educator assigned to teach a class composed of deaf and hard of hearing students, a deaf education (birth-age 22) license area of concentration with the appropriate subject or content endorsement for all assigned courses.
[G.](7) 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.
[H.](8) 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.
(9) An educator assigned to serve deaf and hard of hearing students shall hold:
(a) a current Utah Educator License with a special education (k-12) license area of concentration and deaf and hard of hearing endorsement; or
(b) a deaf education (birth-age 22) license area of concentration.
[I.](10) An educator assigned to provide student support
services as defined in
Rule R277-506 shall hold a current Utah Educator License
with the appropriate support service license area of
concentration.
[J.](11) 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.](12) 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) 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]b) 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. Eminence.
[A.](1) The purpose of an eminence authorization is to allow
individuals with exceptional training or expertise, consistent with
Subsection R277-520-[1F]2(4), to teach or work in the public schools on a limited
basis.
(2) Documentation of the exceptional training, skill[(]s[)] or expertise may be required by the [USOE]Superintendent prior to the approval of the eminence
authorization.
[B.](3) Teachers with an eminence authorization may teach no
more than 37[ percent]% of the regular instructional load except as provided in [R277-520-5C]Subsection (4).
[C.](4) In identified circumstances, teachers with an eminence
authorization may teach more than 37[ percent]% of the regular instructional load.
(5) The Board may approve [A]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]Superintendent 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]Superintendent shall review the information within 15 days
of receipt[.];
(c) the [USOE]Superintendent shall notify the individual and the LEA if
the [USOE]Superintendent 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]6) An individual has exceptional skills, expertise, and
experience that make [him]the individual the primary candidate for the position,
then:
(a) the LEA shall submit the following
documented information to the [USOE]Superintendent 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]Superintendent shall review the information within 15 days
of receipt.
(c) the [USOE]Superintendent shall notify the individual and the LEA if
the [USOE]Superintendent 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.](7)
An LEA[s] 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.](8)
An [The ]LEA that employs the teacher with an eminence
authorization shall determine the amount and type of professional
development required of the teacher.
[F.](9) An LEA that employs
a teacher[s] with
an eminence authorization[s] shall apply for renewal of the authorization[(s)] annually.
[G.](10)
An [E]eminence authorization[s] may apply to:
(a) an individual[s] without
a teaching license[s]; or
(b) [to]an unusual and infrequent teacher situation[s] where a license-holder is needed to teach in a
subject area for which
the
license-holder is not endorsed, but in which
the
license-holder may be eminently qualified.
R277-520-6. Routes to Appropriate Endorsements for Teachers.
[A.](1) An educator may add an endorsement to an existing
license area of concentration by completing the endorsement
requirements established by the [USOE]Board.
[B.](2)
An [E]endorsement requirement[s] in
a core academic subject area[s] shall include passage of [the]a Board-approved content knowledge assessment.
[C.](3)
A [T]teacher[s] may demonstrate competency in [the ]subject area[(]s[)] of the[ir]
teacher's teaching assignment[(s)] as approved by the [USOE content area specialist]Superintendent to meet specific endorsement requirements
except the Board[-]approved content knowledge assessment.
[D.](4)
An [E]educator[s] shall be properly endorsed consistent with
Section R277-520-3 or have
a [USOE-]Board approved SAEP[s]. Otherwise, the Board may withhold professional
staff cost program funds pursuant to the Board's authority
under Section 53A-1-401(3).
R277-520-7. Board-Approved Endorsement Program (SAEP).
[A.](1) An educator assigned to teach in a subject for which
the
educator does not hold the appropriate endorsement and who
has successfully completed at least [nine]9 semester credit hours of the endorsement requirements
shall be placed on an SAEP as determined by [USOE specialists]the Superintendent.
[B.](2)
An [I]individuals participating in
an SAEP[s] shall demonstrate progress toward completion of
the required endorsement[(]s[)] annually, as determined jointly by the [school district/charter school]LEA and the [USOE]Superintendent.
[C.](3) An SAEP may be granted for one two-year period and may
be extended by the [USOE]Superintendent for up to [two]2 additional years if the individual has made progress
towards completing the SAEP.
[D.](4) An individual currently participating in an SAEP is
considered to hold the endorsement for the purposes of meeting the
requirements of
Section R277-520-4.
R277-520-8. Background Check Requirement and Withholding of State Funds for Non-Compliance.
[A.](1)
An [E]educators qualified under any provision of this [rule]R277-520 shall also satisfy the criminal background
requirement of Section 53A-3-410 prior to unsupervised access to
students.
[B.](2) If
an LEA[s] do
es not appropriately employ and assign teachers consistent
with this [rule]R277-520, the[y]
LEA 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)].
KEY: educators , licenses , assignments
Date of Enactment or Last Substantive Amendment: [July 8, 2015
]2017
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.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2017/b20170701.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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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 Office of Administrative Rules.