DAR File No. 42121
This rule was published in the October 1, 2017, issue (Vol. 2017, No. 19) of the Utah State Bulletin.
Educator Licensing and Data Retention
Notice of Proposed Rule
DAR File No.: 42121
Filed: 09/15/2017 08:58:15 AM
Purpose of the rule or reason for the change:
Rule R277-502 is amended to make changes to Utah educator preparation program approval requirements. The rule is further amended to provide necessary technical and conforming changes to bring the rule into compliance with the Rulewriting Manual for Utah.
Summary of the rule or change:
The amendments to Rule R277-502 remove the requirement that Utah educator preparation programs be accredited by the Council for the Accreditation of Educator Preparation (CAEP), and replace it with a state program approval system which would allow the Board of Education (Board) staff to work with Utah universities to design a system to help inform the Board in the approval or denial of Utah educator preparation programs. The amendments also provide technical and conforming changes that include changes to numbering, references, and terminology.
Statutory or constitutional authorization for this rule:
- Art X, Sec 3
- Section 53A-1-401
Anticipated cost or savings to:
the state budget:
There will likely be no cost or savings to the state budget resulting from the amendments to this rule. The educator preparation program approval process is changed to make the process more informative to the Board, and the technical and conforming changes will bring the rule into compliance with the Rulewriting Manual for Utah.
There will likely be no cost or savings to local governments resulting from the amendments to this rule. The educator preparation program approval process is changed to make the process more informative to the Board, and the technical and conforming changes will bring the rule into compliance with the Rulewriting Manual for Utah.
There will likely be no cost or savings to small businesses resulting from the amendments to this rule. The educator preparation program approval process is changed to make the process more informative to the Board, and the technical and conforming changes will bring the rule into compliance with the Rulewriting Manual for Utah.
persons other than small businesses, businesses, or local governmental entities:
There will likely be no cost or savings to persons other than small businesses, businesses, or local government entities resulting from the amendments to this rule. The educator preparation program approval process is changed to make the process more informative to the Board, and the technical and conforming changes will bring the rule into compliance with the Rulewriting Manual for Utah.
Compliance costs for affected persons:
There will likely be no compliance costs for affected persons resulting from the amendments to this rule. The educator preparation program approval process is changed to make the process more informative to the Board, and the technical and conforming changes will bring the rule into compliance with the Rulewriting Manual for Utah.
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:Education
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@example.com
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:
This rule may become effective on:
Angela Stallings, Deputy Superintendent, Policy and Communication
R277. Education, Administration.
R277-502. Educator Licensing and Data Retention.
2]. Authority and Purpose.
A.] This rule is authorized by
Utah Constitution Article X, Section 3 which vests general control and supervision [
of the] public [ school system under] the Board[ ,]
by ]Section 53A-6-104 which gives the Board power to issue licenses[ , and Section 53A-1-401(3) which allows the Board to adopt
rules in accordance with its responsibilities].
B.] This rule specifies the types of license levels and
license areas of concentration available and procedures for
obtaining a license, required for employment as a licensed educator
in the public schools of Utah.
provides a process and criteria for educators whose
licenses have lapsed [ and] return to the teaching profession.[ All licensed educators employed in the Utah public schools
shall be licensed consistent with this rule in order for the
district to receive full funding under Section
A. "Accredited" means a Board-approved educator
preparation program, accredited by: the National Council for
Accreditation of Teacher Education (NCATE), the Teacher Education
Accreditation Council (TEAC), or the Council for Accreditation of
Educator Preparation (CAEP). B.] "Accredited school" [ for purposes of this rule, ]means a public or
private school that
meets standards essential for the operation of a quality school program and
has received formal approval through a regional accrediting association.
C. "Authorized staff" for purposes of this rule
means an individual designated by the USOE or an LEA and approved
by the USOE and who has completed CACTUS training. D. "Board" means the Utah State Board of
Education. E.] "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;
4]) employment history; and
5]) a record of disciplinary action taken against the
F. "ESEA subject" 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). G.] "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.
H.] "Letter of Authorization" means a designation
given to an individual
for one year
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].
I. "Level 1 license" means a Utah professional
educator license issued upon completion of a Board-approved
educator preparation program or an alternative preparation program,
or to an applicant that holds an educator license issued by another
state or country that has met all ancillary requirements
established by law or rule. J. "Level 2 license" means a Utah professional
educator license issued after satisfaction of all requirements
for a Level 1 license and: (1) 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; (2) 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; (3) additional requirements established by law or
rule. K. "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, or holds a Speech-Language Pathology area of concentration
and has obtained American Speech-Language hearing Association
L.] "License areas of concentration" means
designations to licenses obtained by completing a Board-approved
educator preparation program or an alternative preparation program
in a specific area of educational studies to include the
Early Childhood ([
still valid, but not issued after 1988,] 5-9)
Career and Technical Education[
School Social Worker[
Special Education ([
Preschool Special Education (Birth-Age 5)[
License areas of concentration may also bear endorsements relating to subjects or specific assignments.
M.] "License endorsement
[ (]endorsement[ )]" means a specialty field or area earned
through completing required course work 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.
N.] "Professional learning plan" means a plan
developed by an educator in collaboration with the educator's
supervisor consistent with R277-500 [ detailing] appropriate professional learning activities for the
purpose of renewing the educator's license.
O.] "Renewal" means reissuing or extending the
length of a license consistent with R277-500.
P.] "State Approved Endorsement Program
[ (]SAEP[ )]" means a plan [ in place ]developed between the [ USOE]
and a licensed educator to direct the
completion of endorsement requirements by the educator consistent
R277-520-11.[ Q. "USOE" means the Utah State Office of
R277-502-3. Program Approval and Requirements.
A.] The [ Board may] accept educator license recommendations
from educator preparation programs that have applied for Board
approval and have met the requirements described in this [ rule] and the Standards for Program Approval
established [ by the Board ]in
as determined by USOE].
B.] The [ Board, or its designee,] may establish deadlines and uniform forms and
procedures for all aspects of
C.] To be approved for license recommendation [ the] educator preparation program shall:
(1) be accredited by NCATE or TEAC; or (2) be accredited by CAEP using the CAEP Program Review
with National Recognition or CAEP Program Review with feedback
3]) have a physical location in Utah where students attend
classes or if the program provides only online instruction:
the program's primary headquarters [ shall be ]located in Utah and
b]) [ the program shall ]be licensed to do business in
Utah through the Utah Department of Commerce;
4]) include coursework designed to ensure that the educator
is able to meet the Utah Effective [ Teaching] Standards [ and Educational Leadership Standards ]established
5]) [ in the case of content endorsements, ]include
that is, at minimum, equivalent to the course requirements for the
endorsement as established by [ USOE];
6]) establish entry requirements designed to ensure that only
high quality individuals enter the licensure program[ ; requirements shall include] the following minimum components[ , beginning August 1, 2014]:
a]) a minimum high school [ /]
college GPA of 3.0;[ and]
b]) a [ USOE]-cleared fingerprint background check; and
a passing score on a Board-approved basic skills test;[ or]
d]) an ACT composite score of 21 with a verbal/English score
no less than 20 and a mathematics/quantitative score of no less
than 19; or
e]) a combined SAT score of 1000 with neither mathematics nor
verbal below 450[ .]
7]) include a student teaching or intern experience that
meets the requirements detailed in
R277-504, R277-505, and R277-506.
D.] An institution may waive any of the entrance
requirements provided in [ R277-502-3C(6)] based on program established guidelines
for no more than 10 percent of an entrance cohort.
E.] [ USOE representatives] shall [ be a part of the accrediting team] for any Board-approved educator
preparation program seeking to maintain or receive program
USOE representatives] shall be responsible for:
1]) observing and monitoring the [ accreditation] process;
2]) reviewing subject specific programs to determine if the
program meets state standards for licensure in specific areas;
3]) reviewing program procedures to ensure that Board
requirements for licensure are followed;
4]) reviewing licensure candidate files to determine if
Board requirements for licensure[ are followed by the program].
F.] After completion of the [ accreditation] site visit, a Board-approved educator
preparation program, working with the [ USOE], shall prepare and submit a program approval
request for consideration by the Board that includes:
2]) [ accreditation] findings;
3]) program areas of distinction;
4]) program enrollment;
5]) program goals and direction.
G.] If the program approval request is approved by the
Board, the program shall be considered Board-approved until the
next scheduled [ accreditation] visit
[ unless the program is placed on probation by the USOE for
failure to meet program requirements detailed in applicable Board
rules and program approval is revoked by the Board under
H.] [ N]ew educator preparation program[ s that] seek Board approval or
previously Board-approved educator preparation program[ s that] seek approval for additional license area preparation and
endorsements shall submit
application[ s] to [ USOE] including:
1]) information detailing the exact license areas of
concentration and endorsements that the program intends to
2]) detailed course information, including required course
lists, course descriptions, and course syllabi for all courses that
will be required as part of a program;
3]) detailed information showing how the required coursework
will ensure that the educator satisfies all standards in the Utah
Effective [ Teaching] Standards [ and Educational Leadership Standards ]established
R277-530 and Professional Educator Standards
4]) information about program timelines and anticipated
I.] [ A]pplications for new educator preparation programs[ shall be approved by the Board].
J.] [ A]pplications [ for] previously Board-approved educator preparation programs
desiring Board approval for additional license areas and
(1) shall be reviewed and approved by USOE; (2) may receive preliminary approval pending Utah State
Board of Regents approval of the new program if the program is
within a public institution. K.] An educator preparation program seeking [ accreditation] may apply to the Board for probationary
approval for a maximum of three years contingent on the completion
of the [ accreditation] process.
L.] A [ previously ]Board-approved educator preparation
program shall submit an annual report to the [ USOE] by July 1 of each year[ . The report] shall [ summarize the institution's annual accreditation report
and shall ]include the following:
1]) student enrollment counts designated by anticipated
license area of concentration and endorsement and disaggregated by
gender and ethnicity;
2]) information explaining any significant changes to course
requirements or course content;
3]) the program's response to [ USOE-identified] areas of concern or areas of
4]) information regarding any program-determined areas of
concern or areas of focus and the program's planned response;
5]) a summary explanation of students admitted under the
waiver identified in [ R277-502-3D]
and an explanation of the waiver.
M.] The [ USOE] shall provide reporting criteria to
Board-approved educator preparation programs regarding the annual
report and [ USOE-] designated areas of concern or focus by
January 31 annually.
N. Educator preparation programs that submit inadequate or
incomplete information to the USOE may be placed on a probationary
status by USOE. O. Board-approved educator preparation programs on
probationary status that continue to fail to meet requirements
may have their license recommendation status revoked in full or
in part by the Board with at least one year notice. P.] An individual that completes a Board-approved educator
preparation program may be recommended for licensure within five
years of program completion if the individual meets current
Q.] If five years have passed since an individual
completed a Board-approved preparation program, the individual may
be recommended for licensure following review by the individual
The preparation program officials shall determine whether any content or pedagogy coursework previously completed meets current program standards and if additional coursework, hours or other activities are necessary .
The individual shall complete all work required by [
the] program officials before receiving a license
R277-502-4. License Levels, Procedures, and Periods of Validity.
A. Level 1 License Requirements
An initial license, the] Level 1 license
[ , is issued to an individual who]
is recommended by a Board-approved educator preparation
program or approved alternative preparation program[
,] or [ an educator with]
a professional educator license from another state.
LEA[ s] and Board-approved educator preparation
program[ s] shall cooperate in preparing candidates for [ the educator]
Level 1 license[ .]
[ The ]resources [ of both may be used ]to assist candidates in
preparation for licensing.
b]) [ The] recommendation [ indicates that] the individual has satisfactorily completed the programs
of study required for the preparation of educators and has met
licensing standards in the license areas of concentration for which
the individual is recommended.
The] Level 1 license is [ issued] for three years
(3) A Level 1 license holder shall satisfy all requirements
of R277-522, Entry Years Enhancements (EYE) for Quality Teaching -
Level 1 Utah Teachers. (4) An educator qualified to teach any ESEA subject shall
be considered Highly Qualified in at least one ESEA subject prior
to moving from Level 1 to Level 2.
5]) A license applicant who has received or completed license
preparation activities or coursework inconsistent with this rule
may present compelling information and documentation for review and
approval by the [ USOE] to satisfy the licensing requirements.
6]) If an educator has taught for three years in a K-12
public education system in Utah,
a Level 1
license [ may only be renewed ]if:
(a) the employing LEA has requested a one
year extension consistent with
, Entry Years Enhancements (EYE) for Quality Teaching -
Level 1 Utah Teachers]; or
(b) the individual has continuous experience as a speech language pathologist in a clinical setting.
B. Level 2 License Requirements
Level 2 license [ may be issued by the Board to a Level 1 license
satisfaction of all Board requirements for the Level 2
the recommendation of the employing LEA.
[ The] recommendation [ shall be made] following
the completion of three years of successful,
professional growth and educator experience[
,] [ Entry Years Enhancements (EYE) for Quality Teaching - Level
1 Utah Teachers,]
any additional requirements imposed by the employing
, and before the Level 1 license expires].
3]) A Level 2 license shall be [ issued] for five years [ and shall be valid ]unless suspended or revoked
for cause by the Board.
4]) [ The] Level 2 license may be renewed for successive five year
periods consistent with
R277-500[ , Educator Licensing Renewal].
C. Level 3 License Requirements
1]) [ A] Level 3 license [ may be issued by the Board to a Level 2 license
(a) has [
achieved] National Board Certification;[ or]
(b) has a doctorate in education in a field related to a content area in a unit of the public education system or an accredited private school; or
(c) holds a Speech-Language Pathology area
of concentration and has [
obtained] American Speech-Language Hearing Association [ (ASHA) ]certification.
2]) A Level 3 license is valid for seven years unless
suspended or revoked for cause by the Board.
3]) [ The] Level 3 license may be renewed for successive seven year
periods consistent with
(4) A Level 3 license shall revert to a Level 2 license if
the holder fails to maintain National Board Certification status or
fails to maintain a current Certificate of Clinical Competence from
the American Speech-Language-Hearing Association. D. License Renewal Timeline
L]icenses expire on June 30 of the year of expiration [ recorded on CACTUS ]and may be renewed any time
after January of the same year.
Responsibility for license renewal rests solely with the
R277-502-5. Professional Educator License Areas of Concentration, and Endorsements and Under-Qualified Employees.
A.] Unless excepted under rules of the Board, to be employed
in [ the]
public school[ s] in a capacity covered by
[ the following] license area[ s] of concentration
, a person shall
hold a valid license issued by the Board in the respective license
area[ s] of concentration[ :]
(1) Early Childhood (K-3); (2) Elementary (1-8); (3) Elementary (K-6); (4) Middle (still valid, and issued before 1988,
5-9); (5) Secondary (6-12); (6) Administrative/Supervisory (K-12); (7) Career and Technical Education; (8) School Counselor; (9) School Psychologist; (10) School Social Worker; (11) Special Education (K-12); (12) Preschool Special Education (Birth-Age 5); (13) Communication Disorders; (14) Speech-Language Pathologist; (15) Speech-Language Technician. B. Under-qualified educators:
[ E]ducator[ s] who [ are] icensed and hold
the appropriate license area of concentration but who [ are] working out of [ their] endorsement area[ (s)] shall[ request and prepare]
an SAEP to complete the requirements of an
with a USOE education specialist]; or
2]) [ LEAs may ]request
[ L]etter[ s] of [ A]uthorization from the Board [ for educators employed by LEAs ]if
educator[ s have]
not completed requirements for
area[ s] of concentration or endorsement[ s].
n approved] [ L]etter of [ A]uthorization
is valid for one year.
E]ducator[ s] [ may be approved]
[ for] no more than three Letters of Authorization
throughout [ their] employment in Utah schools.
State ]Superintendent [ of Public Instruction or designee ]may [ grant] exception[ s] to the [ three Letters of Authorization ]limitation
on a case by case basis following
specific approval of the request by the
LEA governing board.
L]etters of [ A]uthorization approved prior to the 2000-2001 school year
shall not be counted [ in this]
c]) If an [ education employee's L]etter of [ A]uthorization expires before the individual is approved for
licensing, the [ employee] falls into under-qualified status.
C.] [ License areas of concentration] may
[ be endorsed]
to indicate qualification in a subject or
STEM endorsement [ shall be recognized ]as a minimum of 16 semester
hours of university credit toward lane change on [ an] LEA
a]) The [ State ]Superintendent [ of Public Instruction or designee ]shall determine
the [ mathematics-, engineering-, science-, and
technology-related ]courses and experiences necessary for
STEM endorsement[ s].
b]) The [ State ]Superintendent [ of Public Instruction or designee ]shall determine
which content area endorsements qualify as STEM endorsements.
2]) An endorsement is not valid for employment purposes
without a current license and license area of concentration.
R277-502-6. Returning Educator Relicensure.
A.] A previously licensed educator with an expired license
may renew an expired license upon satisfaction of the
1]) Completion of
criminal background check including review of any criminal
offenses and clearance [ by the Utah Professional Practices Advisory
2]) Employment by an LEA;
3]) Completion of a one-year professional learning plan
developed jointly by the
school principal or charter school director
and the returning educator consistent with R277-500 that also
considers the following:
a]) previous successful public school teaching
b]) formal educational preparation;
c]) period of time between last public teaching experience
and the present;
d]) school goals for student achievement within the
employing school and the educator's role in accomplishing those
e]) returning educator's professional abilities, as
determined by a formal discussion and observation process completed
within the first 30 days of employment; and
f]) completion of additional necessary professional
development for the educator[ , as determined jointly by the principal/school and
4]) Filing of the professional [ development] plan within 30 days of hire;
5]) Successful completion of required Board-approved exams
6]) Satisfactory experience as determined by the LEA with a
trained mentor; and
7]) Submission to the [ USOE] of the completed and signed Return to
Original License Level Application, available on the [ USOE] website prior to June 30 of the school year in which
the educator seeks to return.
B. The Professional Learning Plan is independent of the
License Renewal Point requirements in R277-500-3C.
[ R]eturning educator[ s] who previously held a Level 2 or Level 3
shall [ be issued] a Level 1 license during the first year of
Upon completion of the requirements listed in [
R277-502-6A] and a satisfactory LEA evaluation, the
employing LEA may recommend the educator's return to Level 2 or
Level 3 licensure.
D.] [ R]eturning educator[ s] who taught less than three consecutive years in
a public or accredited private school shall complete the [ Early Years Enhancement] requirements
before [ moving from] Level 1 to Level
2 [ licensure].
R277-502-7. Professional Educator License Reciprocity.
A.] [ Utah is a member of] the Compact for Interstate Qualification of Educational
Personnel under Section 53A-6-201.
B.] A Level 1 license may be issued to an individual holding
a professional educator license in another state who has completed
preparation equivalent to Board-approved standards and who has
completed Board-approved testing, as required by
1]) If [ the] applicant has three or more continuous years
of previous educator experience in a public or accredited private
school, a Level 2 license may be issued upon the recommendation of
the employing Utah LEA after at least one year.
) If [
the] applicant has less than three years of
previous educator experience in a public or accredited private
school, a Level 2 license may be issued following satisfaction of
the requirements of
R277-522[ , Entry Years Enhancements (EYE) for Quality Teaching -
Level 1 Utah Teachers].[
R277-502-8. Professional Educator License Fees.
A. The Board may establish a fee schedule for the
issuance and renewal of licenses and endorsements consistent with
53A-6-105. All endorsements to which the applicant is entitled
may be issued or renewed with the same expiration date for one
licensing fee. B. A fee may be charged for a valid license to be
reprinted or for an endorsement to be added. C. All costs for testing, evaluation, and course work
shall be borne by the applicant unless other arrangements are
agreed to in advance by the employing LEA. D. Costs to review nonresident educator applications may
exceed the cost to review resident applications due to the
following: (1) The review is necessary to ensure that nonresident
applicants' training satisfies Utah's course and
curriculum standards. (2) The review of nonresident licensing applications is
time consuming and potentially labor intensive. E. Differentiated fees may be set consistent with the time
and resources required to adequately review all applicants for
KEY: professional competency, educator licensing
Date of Enactment or Last Substantive Amendment: [
July 8, 2015]
Notice of Continuation: July 19, 2017
Authorizing, and Implemented or Interpreted Law: Art X Sec 3;
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 firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.