DAR File No. 43193

This rule was published in the October 1, 2018, issue (Vol. 2018, No. 19) of the Utah State Bulletin.


Education, Administration

Rule R277-510

Educator Licensing - Highly Qualified Assignment

Notice of Proposed Rule

(Repeal)

DAR File No.: 43193
Filed: 09/13/2018 02:06:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reauthorization of the Elementary and Secondary Education Act, also known as the Every Student Succeeds Act, replaced the provisions in the statute that referenced highly qualified teacher with state qualified teacher. State qualified teacher is defined in Rule R277-520, Appropriate Licensing and Assignment of Teachers.

Summary of the rule or change:

The reauthorization of the Elementary and Secondary Education Act, also known as the Every Student Succeeds Act, replaced the provisions in the statute that referenced highly qualified teacher with state qualified teacher. State qualified teacher is defined in Rule R277-520. Accordingly, Utah State Board of Education recommends the repeal of Rule R277-510 as it is no longer necessary. This rule is repealed in its entirety.

Statutory or constitutional authorization for this rule:

  • Article X Section 3
  • Subsection 53E-3-401(4)

Anticipated cost or savings to:

the state budget:

This rule change is not expected to have any material fiscal impact on state government revenues or expenditures. The reauthorization of the Elementary and Secondary Education Act, also known as the Every Student Succeeds Act, replaced the provisions in the statute that referenced highly qualified teacher with state qualified teacher. State qualified teacher is defined in Rule R277-520. Accordingly, the Board of Education is repealing Rule R277-510 as it is no longer necessary.

local governments:

This rule change is not expected to have any material impact on local governments' revenues or expenditures. The reauthorization of the Elementary and Secondary Education Act, also known as the Every Student Succeeds Act, replaced the provisions in the statute that referenced highly qualified teacher with state qualified teacher. State qualified teacher is defined in Rule R277-520. Accordingly, the Board of Education is repealing Rule R277-510 as it is no longer necessary.

small businesses:

This rule change is not expected to have any fiscal impact on small businesses' revenues or expenditures. The reauthorization of the Elementary and Secondary Education Act, also known as the Every Student Succeeds Act, replaced the provisions in the statute that referenced highly qualified teacher with state qualified teacher. State qualified teacher is defined in Rule R277-520. Accordingly, the Board of Education is repealing Rule R277-510 as it is no longer necessary.

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

This rule change is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures. The reauthorization of the Elementary and Secondary Education Act, also known as the Every Student Succeeds Act, replaced the provisions in the statute that referenced highly qualified teacher with state qualified teacher. State qualified teacher is defined in Rule R277-520. Accordingly, the Board of Education is repealing Rule R277-510 as it is no longer necessary.

Compliance costs for affected persons:

There are no compliance costs of affected persons.

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

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). This rule change has no material fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

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
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

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:

10/31/2018

This rule may become effective on:

11/07/2018

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0





Fiscal Benefits




State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0





Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). This rule repeal has no material fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.



R277. Education, Administration.

[R277-510. Educator Licensing - Highly Qualified Assignment.

R277-510-1. Authority and Purpose.

(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-6-104, which directs the Board to establish rules setting minimum standards for educators who provide direct student services; and

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

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

 

R277-510-2. Definitions.

(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).

(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.

(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.

(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.

(5) "Restricted endorsement" means an endorsement available and limited to teachers in necessarily existent small schools as determined under R277-445 that includes at least nine semester hours of Superintendent-approved university-level courses in each course taught by the teacher holding a restricted endorsement.

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

 

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

(1) For a teacher assignment in kindergarten through grade 3 to be designated as NCLB highly qualified, the teacher shall have:

(a) a bachelor's degree;

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

(c) a passing score at the level designated by the Superintendent on a Board-approved content knowledge test.

(2) NCLB requirements do not apply to pre-k assignments.

 

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

For a teacher assignment in grades 1 through 8 in an elementary setting to be designated as NCLB highly qualified, the teacher shall have:

(1) a bachelor's degree;

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

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

 

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

(1) For a teacher assignment in grades 6 through 12 to be designated as NCLB highly qualified, the teacher shall have:

(a) a bachelor's degree;

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

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

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

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

(iii) a passing score at the level designated by the Superintendent on a Board-approved 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.

(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(1)(c).

(3) The requirements described in this section only apply to NCLB core academic subject assignments.

(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.

(1) For a special education teacher assignment in grades k-8, excluding grade 7 or 8 mathematics, as the classroom teacher of record for a NCLB core academic subject to be designated as NCLB highly qualified, the teacher shall have:

(a) a bachelor's degree;

(b) a Utah educator license with a special education area of concentration; and

(c) a passing score on a Board-approved elementary content test.

(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.

(3) For a special education teacher assignment in grades 7-12 as the classroom teacher of record for a NCLB core academic subject to be designated as NCLB highly qualified, the teacher shall have:

(a) a bachelor's degree;

(b) a Utah educator license with a special education area of concentration; and

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

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

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

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

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

(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, supersede, or nullify any of the teacher qualification requirements of IDEA.

 

R277-510-7. NCLB Highly Qualified Assignments - Necessarily Existent Small Schools 7 - 12.

For a necessarily existent small school teacher assignment in grades 7 through 12 to be designated as NCLB highly qualified, the teacher shall have:

(1) a bachelor's degree;

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

(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;

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

(c) a passing score at the level designated by the Superintendent on a Board-approved 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.

 

R277-510-8. LEA Highly Qualified Plans.

(1) An LEA shall submit a plan to the Superintendent describing strategies for progressing toward and maintaining the highly qualified status of all educator assignments.

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

(3) The Superintendent shall review LEA plans and provide technical support to LEAs to assist them in carrying out their plans to the extent of staff and resources available.

(4) The Superintendent shall set timelines for submission and review of LEA plans.

 

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

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

(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 supersede, replace, or nullify any of the requirements in other Board rules.

 

KEY: educators, highly qualified

Date of Enactment or Last Substantive Amendment: March 9, 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) ]


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/2018/b20181001.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.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7550, 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.