No. 28466 (New Rule): R277-510. Educator Licensing - Highly Qualified Teachers

DAR File No.: 28466
Filed: 01/17/2006, 04:31
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to provide No Child Left Behind (NCLB) highly qualified information for both new-to-the-profession and veteran early childhood, elementary, secondary and special education teachers. The NCLB highly qualified information has become increasingly complicated as Utah has successfully sought accommodations for teachers in special settings and for multiple-subject teachers.

 

Summary of the rule or change:

The rule provides definitions, NCLB highly qualified standards for secondary teachers, special education teachers, elementary and early childhood teachers, and multiple subject teachers.

 

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3)

 

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to state budget. The NCLB highly qualified teacher information was previously in another rule. This information is now provided for in an independent rule to make the issue less lengthy and confusing.

 

local governments:

There are no anticipated costs or savings to local government. The NCLB highly qualified teacher information was previously in another rule. This information is now provided for in an independent rule to make the issue less lengthy and confusing.

 

other persons:

There are no anticipated costs or savings to other persons. The NCLB highly qualified teacher information was previously in another rule. This information is now provided for in an independent rule to make the issue less lengthy and confusing.

 

Compliance costs for affected persons:

There are no compliance costs for affected persons. The requirements were already in place in an existing rule and have simply been incorporated into this new rule.

 

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

I have review this rule and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

 

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:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

 

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:

03/03/2006

 

This rule may become effective on:

03/04/2006

 

Authorized by:

Carol Lear, Director, School Law and Legislation

 

 

RULE TEXT

R277. Education, Administration.

R277-510. Educator Licensing - Highly Qualified Teachers.

R277-510-1. Definitions.

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

B. "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 or the date on which an educator receives a Core academic subject assignment for the first time.

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.

E. "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. "HOUSSE" means High Objective Uniform State Standard of Evaluation permitted under ESEA, NCLB, Title IX, Part A, 20 U.S.C. 7801, Section 9101(23)(C)(ii).

G. "HOUSSE points" means points or hours earned in activities identified under R277-501-3A, B, or C.

H. "IDEA" means the federal Individuals with Disabilities Education Act, Title 1, Part A, Section 602.

I. "Multiple subject qualified" means that a licensed educator who is highly qualified in at least one Core academic subject may be designated highly qualified and provide instruction in science, social studies, language arts, and mathematics, or any combination of those courses, as assigned by the school district or the school.

J. "Multiple subject teacher" means a teacher in a necessarily existent small school as defined under R277-445 or as a special education teacher defined under R277-510H, 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 more than two Core academic subjects defined under R277-510-1B or under R277-700.

K. "Restricted endorsement" means an endorsement available and limited to teachers in necessarily existent small schools as determined under R277-445, teachers in alternative schools who 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 include at least nine semester hours of USOE-approved university-level courses in each course taught by the teacher holding a restricted endorsement.

L. "Standard license area of concentration" means that the educator has successfully completed three years of teaching in the license area.

M. "USOE" means the Utah State Office of Education.

 

R277-510-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, and Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities. Allows Board to license

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

 

R277-510-3. NCLB Highly Qualified - Secondary Teachers.

In order to meet the federal requirements under NCLB, a secondary educator shall have a bachelor's degree, an educator license and one of the following for each of the teacher's NCLB Core academic subject teaching assignments:

A. a University major degree, masters degree, doctoral degree or National Board Certification; or

B. documentation that the teacher has passed, at a level designated by the USOE, an appropriate Board-approved subject area test(s); or

C. documentation of coursework equivalent to a major degree (30 semester or 45 quarter hours); or

D. documentation of satisfaction of Utah's HOUSSE requirements for assignments as follows:

(1) an endorsement in a subject area directly related to the educator's academic major; or

(2) a current endorsement for the assignment and completion of 200 professional development points, accrued after the endorsement was approved by the USOE, directly related to the area in which the teacher seeks to meet the federal highly qualified teacher standard under R277-510-1E as applicable. No more than 100 points may be earned for successful teaching in related area(s); and

E. All Utah secondary teachers who teach Core academic subjects shall have points and documentation, determined by the employing school district, of highly qualified status before June 30, 2006. Documentation includes official transcripts, annual teaching evaluation(s), data of adequate student achievement.

 

R277-510-4. NCLB Highly Qualified - Special Education Teachers.

A. In order to meet the federal requirements under HOUSSE, NCLB, and the requirements of IDEA, a special educator assigned as the classroom teacher of record for any K-8 Core academic subject shall satisfy (1) and (2) and (3) or (1) and (2) and (4) or (1) and (2) and (5) before June 30, 2006 as provided below:

(1) has a current Utah educator license; and

(2) is assigned consistent with the teacher's current state educator license; and

(3) has met the requirements for highly qualified status under R277-510-5; or

(4) a K-8 special educator with a mild moderate endorsement defined under R277-504-1K(1), hearing impaired endorsement defined under R277-504-1K(3), visually impaired endorsement defined under R277-504-1K(4), or K-12 special educator with a severe license defined under R277-504-1K(2) shall pass a Board-approved content test at the state designated passing score; or

(5) documentation of satisfaction of Utah's HOUSSE requirements for assignments as follows:

(a) has completed a minimum of 36 semester hours of Core academic subject courses from an accredited college/university consistent with R277-503, or other professional development directly related to the educator's assignment. The teacher's employer shall review and retain documentation verifying completion of these requirements. Transcript credits shall have been completed with academic grades of C or better:

(i) nine semester hours of language arts/reading or the equivalent as approved by the USOE; and

(ii) six semester hours of physical/biological science or the equivalent as approved by the USOE; and

(iii) nine semester hours of social sciences or the equivalent as approved by the USOE; and

(iv) nine semester hours of college level mathematics or the equivalent as approved by the USOE; and

(v) three semester hours of the arts or the equivalent as approved by the USOE.

B. To meet the highly qualified requirements under NCLB, a K-12 special educator endorsed in mild moderate, or hearing impairments, or visual impairments, assigned as the classroom teacher of record for any K-12 course reported under NCLB statute shall satisfy the following before June 30, 2006:

(1) has a current Utah educator license; and

(2) is assigned consistent with the educator's current state license; and

(3) shall satisfy highly qualified status in at least one Core academic subject by:

(a) meeting the requirements of R277-510-3; or

(b) having a restricted endorsement as defined under R277-510-1J or its equivalent, and passing an appropriate Board-approved subject assessment; and

(4) Special educators who teach two or more subjects shall satisfy highly qualified status by:

(a) satisfying R277-510-4B(3)(a) or (b); and

(b) submitting documentation that the educator has passed a Board-approved multiple subject test with a passing score at the state-designated passing score with subtest scores in the average range or higher; and

(c) shall not be assigned to teach a Core academic subject if the educator did not pass the appropriate subtest in the average range or higher.

(5) Special educators who teach two or more subjects may have two years beyond the special educator's date of hire or June 30, 2006 to become highly qualified in additional course assignments.

C. School districts/charter schools are responsible for monitoring and appropriately assigning special educators consistent with this rule.

D. Sixth grade special educators assigned in elementary school settings shall satisfy R277-510-4A to be highly qualified.

 

R277-510-5. NCLB Highly Qualified - Elementary and Early Childhood Teachers.

In order to meet the federal requirements of NCLB, an elementary/early childhood educator shall satisfy before June 30, 2006 R277-510-5A and B and C or A and B and D and E as provided below:

A. the educator has a current Utah educator license; and

B. the educator is assigned consistent with the teacher's current state educator license; and

C. an elementary/early childhood teacher shall pass Board-approved content test(s);

D. documentation of satisfaction of Utah's HOUSSE requirements for assignments as follows:

(1) has completed an elementary or early childhood major or both from an accredited college or university; or

(2) the teacher's employer shall review the teacher's college/university transcripts and subsequent professional development to document that the following have been satisfied with academic grades of C or better:

(a) nine semester hours of language arts/reading or the equivalent as approved by the USOE; and

(b) six semester hours of physical/biological science or the equivalent as approved by the USOE; and

(c) nine semester hours of social sciences or the equivalent as approved by the USOE; and

(d) nine semester hours of college level mathematics or the equivalent as approved by the USOE;

(e) three semester hours of the arts or the equivalent as approved by the USOE; and

E. the educator has obtained a Level 2 license with a standard license area of concentration.

 

R277-510-6. NCLB Highly Qualified - Multiple Subject Teachers.

A. In order to meet federal requirements under a HOUSSE standard, a multiple subject teacher, as defined under R277-510-1J, shall satisfy R277-510-6A(1), (2), (3) and (4) or (5) and (6)(a) or (b) as provided below:

(1) the educator has a current Utah educator license; and

(2) the educator is assigned consistent with the educator's current license; and

(3) the educator is highly qualified in at least one Core academic subject, as defined under R277-510-1B or R277-700; and

(4) the educator holds an endorsement as defined under R277-510-1C in each teaching assignment; or

(5) the educator holds a restricted endorsement as defined under R277-510-1K; and

(6) the educator submits a passing score on a Board-approved test providing:

(a) documentation that the teacher has passed, at a level designated by the USOE, an appropriate Board-approved subject area test(s); or

(b) documentation that the teacher has passed a Board-approved multiple subject test with a passing score.

B. In addition, an educator shall satisfy:

(1) R277-510-6A(1) and (2) and (4) and take the Board-approved content test or a Board-approved multiple subject test and pass at the state-designated passing score with all subtest scores in the average range or higher; or

(2) R277-510-6A(1) and (2) and (5) and take the Board-approved content test or a Board-approved multiple subject test and pass at the state-designated passing score with all subtest scores in the average range or higher.

C. An educator shall not be assigned to teach a Core academic subject if the educator did not pass the appropriate subtest in the average range or higher.

D. School districts/charter schools are responsible for monitoring and assigning educators consistent with this rule.

E. Multiple subject teachers in necessarily existent small school settings who are designated highly qualified in at least one Core academic subject, under R277-510-1B, shall have three school years from the date of hire to become highly qualified in additional Core academic subject teaching assignment(s).

F. A multiple subject teacher in necessarily existent small school settings shall have one additional three year period from the date of hire to become highly qualified in any and all additional Core academic subject teaching assignment(s).

 

KEY: educators, highly qualified

Date of Enactment or Last Substantive Amendment: 2006

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-6-104; 53A-1-401(3)