Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 208 Second Substitute (2024GS)

Sponsor

Rep. Thurston, N.  (Thurston’s own bill)

Final action

Governor Signed 3/12/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends legislative findings on teacher competency;
• amends rulemaking authority for the State Board of Education;
• limits the delegation of authority regarding preparation programs;
• clarifies roles for local education agencies; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

TEACHER LICENSURE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
Senate Sponsor: 
 Lincoln Fillmore
LONG TITLE
General Description:
This bill addresses changes in teacher licensure requirements.
Highlighted Provisions:
This bill:
▸ amends legislative findings on teacher competency;
▸ amends rulemaking authority for the State Board of Education;
▸ limits the delegation of authority regarding preparation programs;
▸ clarifies roles for local education agencies; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-6-103
, as last amended by Laws of Utah 2019, Chapter 186
53E-6-301
, as last amended by Laws of Utah 2022, Chapter 285
53E-6-302
, as last amended by Laws of Utah 2022, Chapter 285
53E-6-902
, as last amended by Laws of Utah 2020, Chapter 408
53G-11-509
, as last amended by Laws of Utah 2019, Chapter 293
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-6-103
 is amended to read:
53E-6-103.
Legislative findings on teacher quality -- Declaration of education as a
profession.
(1) (a) The Legislature acknowledges that education is perhaps the most important
function of state and local governments, recognizing that the future success of our state and
nation depend in large part upon the existence of a responsible and educated citizenry.
(b) The Legislature further acknowledges that the primary responsibility for the
education of children within the state resides with their parents and that the role of state and
local governments is to support and assist parents in fulfilling that responsibility.
(2) (a) The Legislature finds that:
(i) quality teaching is the basic building block of successful schools and, outside of
home and family circumstances, the essential component of student achievement;
(ii) the high quality of teachers is absolutely essential to enhance student achievement
and to assure educational excellence in each classroom in the state's public schools; and
(iii) the implementation of a comprehensive continuum of data-driven strategies
regarding recruitment, preservice, licensure, induction, professional development, and
evaluation is essential if the state and its citizens expect every classroom to be staffed by a
skilled, caring, and effective teacher.
(b) In providing for the safe and effective performance of the function of educating
Utah's children, the Legislature further finds it to be of critical importance that education,
including instruction, administrative, and supervisory services, be recognized as a profession,
and that those who are licensed or seek to become licensed and to serve as educators:
(i) meet high standards both as to qualifications and fitness for service as educators
through quality recruitment and preservice programs [
before assuming their responsibilities in
the schools
] 
designed to provide opportunities to demonstrate competency in a school
classroom setting
;
(ii) maintain those standards in the performance of their duties while holding licenses,
in large part through participating in induction and ongoing professional development
programs focused on instructional improvement;
(iii) receive fair, systematic evaluations of their performance at school for the purpose
of enhancing the quality of public education and student achievement; and
(iv) have access to a process for fair examination and review of allegations made
against them and for the administration of appropriate sanctions against those found, in
accordance with due process, to have failed to conduct themselves in a manner commensurate
with their authority and responsibility to provide appropriate professional services to the
children of the state.
Section 2. Section 
53E-6-301
 is amended to read:
53E-6-301.
Qualifications of applicants for licenses -- Changes in qualifications.
(1) As used in this section:
(a) "Literacy preparation assessment" means an examination that evaluates an
individual's knowledge of the science of reading, related to literacy instruction for an individual
who teaches preschool, elementary school, or special education.
(b) "Required literacy preparation assessment" means a literacy preparation assessment
that the state board uses to determine the qualifications of license applicants.
(2) The state board shall establish by rule made in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act[
,
]
:
(a)
 the scholarship, 
competencies,
 training, and experience required of license
applicants[
.
]
; and
(b) the criteria and training for an individual who certifies a licensure candidate's
demonstration of competencies.
(3) (a) The state board shall announce any increase in the requirements when made.
(b) An increase in requirements shall become effective not less than one year from the
date of the announcement.
(4) The state board may determine by examination or otherwise the qualifications of
license applicants.
(5) If the state board uses a required literacy preparation assessment under Subsection
(4):
(a) (i) the state board shall make rules to allow an LEA to hire a license applicant who
does not successfully pass the required literacy preparation assessment for a limited duration
pending successful passage; and
(ii) the license applicant is not eligible for a professional educator license described in
Section 
53E-6-201
 until the license applicant successfully passes the required literacy
preparation assessment; and
(b) the state board may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(i) establish exemptions for the required literacy preparation assessment; and
(ii) develop a pathway to demonstrate early literacy competency as an exception to the
requirement to pass the required literacy preparation assessment.
Section 3. Section 
53E-6-302
 is amended to read:
53E-6-302.
Educator preparation programs.
(1) As used in this section:
(a) "Educator preparation program" means:
(i) a university teacher education program; or
(ii) a program that prepares individuals using an alternative pathway to licensure, as the
state board provides
, that does not include content or time requirements that conflict with the
content or time requirements described in rule made by the state board in accordance with
Subsection (2)
.
(b) "Required literacy preparation assessment" means the same as that term is defined
in Section 
53E-6-301
.
(c) "University teacher preparation program" means a program that an institution of
higher education offers to prepare educators for licensure.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules that establish standards for approval of an educator preparation
program.
(3) The state board shall ensure that standards adopted under Subsection (2):
(a) meet or exceed generally recognized national standards for preparation of
educators; and
(b) include requirements for educator preparation programs to:
(i) provide instruction in the science of reading; and
(ii) prepare license applicants to pass the required literacy preparation assessment at no
cost to the applicants for the preparation, including providing ongoing preparation for up to
three total attempts of the required literacy preparation assessment.
(4) The state board shall designate an employee of the state board's staff to:
(a) work with education deans of state institutions of higher education to coordinate
university teacher preparation programs that may include:
(i) monitoring courses for university teacher preparation programs; and
(ii) working with course instructors for university teacher preparation programs;
(b) act as a liaison between:
(i) the state board;
(ii) local school boards or charter school governing boards; and
(iii) representatives of university teacher preparation programs; and
(c) report the employee's findings and recommendations for the improvement of
teacher preparation programs to:
(i) the state board; and
(ii) education deans of state institutions of higher education.
(5) The state board shall:
(a) in good faith, consider the findings and recommendations described in Subsection
(4)(c); and
(b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules, as the state board determines is necessary, to implement recommendations
described in Subsection (4)(c).
(6) Subject to legislative appropriations, the Utah Board of Higher Education shall:
(a) provide matching funds to each of the state's institutions of higher education with a
university teacher preparation program:
(i) to hire an additional faculty member who has training in the science of reading and
the science of reading instruction; and
(ii) in an amount equal to 75% of the cost of making the hire described in Subsection
(6)(a) if the institution provides 25% of the cost; and
(b) consult the state superintendent regarding:
(i) criteria for the hire described in Subsection (6)(a) that would qualify for a
distribution of funding; and
(ii) an individual institution's fulfillment of the criteria described in Subsection
(6)(b)(i) before distributing funding.
(7) An institution that hires an additional faculty member shall coordinate with the
science of reading panel described in Section 
53E-3-1003
 to include two members of the panel
in the institution's hiring process.
(8) The state board shall:
(a) monitor accreditation of university programs regarding the science of reading
preparation described in Subsection (3)(b) at the institutions described in Subsection (6)(a); and
(b) (i) develop strategies to provide support for preparation programs with low rates of
passage on the required literacy preparation assessment; and
(ii) provide increasing levels of support to a preparation program with low rates of
passage on the required literacy preparation assessment for two consecutive years.
Section 4. Section 
53E-6-902
 is amended to read:
53E-6-902.
Teacher leaders.
(1) As used in this section, "teacher" means an educator who has an assignment to
teach in a classroom.
(2) There is created the role of a teacher leader to:
(a) work with a student teacher and a teacher who supervises a student teacher;
(b) assist with the training of a recently hired teacher; [
and
]
(c) support school-based professional learning[
.
]
; and
(d) certify the demonstration of competencies for an applicant seeking licensure
through a preparation program.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules that:
(a) define the role of a teacher leader, including the functions described in Subsection
(2); and
(b) establish the minimum criteria for a teacher to qualify as a teacher leader.
(4) The state board shall solicit recommendations from school districts and educators
regarding:
(a) appropriate resources to provide a teacher leader; and
(b) appropriate ways to compensate a teacher leader.
Section 5. Section 
53G-11-509
 is amended to read:
53G-11-509.
Mentor for provisional educator.
(1) In accordance with [
Subsections
] 
Section 
53E-6-902
, Subsection
53E-2-302
(7)
,
 and
Subsections
53E-6-103
(2)(a) and (b), the principal or immediate supervisor of a provisional
educator shall assign a person who has received training or will receive training in mentoring
educators as a mentor to the provisional educator.
(2) Where possible, the mentor shall be a career educator who performs substantially
the same duties as the provisional educator and has at least three years of educational
experience.
(3) The mentor shall assist the provisional educator to become effective and competent
in the teaching profession and school system, but may not serve as an evaluator of the
provisional educator.
(4) An educator who is assigned as a mentor may receive compensation for those
services in addition to the educator's regular salary.
Section 6. 
Effective date.
This bill takes effect on May 1, 2024.