No. 26980 (Amendment): R277-501. Educator Licensing Renewal

DAR File No.: 26980
Filed: 03/01/2004, 08:41
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide for specific amounts and types of professional development requirements for highly qualified teachers under federal law and state direction for improving the training of teachers.

 

Summary of the rule or change:

The amendments provide new definitions, provide clearer standards for Secondary, Elementary and Early Childhood qualifications, eliminates outdated provisions, and provides additional miscellaneous renewal information.

 

State statutory or constitutional authorization for this rule:

Section 53A-6-104

 

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to state budget. We expect that increased costs related to the services and requirements of this rule will be funded by increased licensing fees and/or appropriation by the Utah State Legislature.

 

local governments:

If school districts provide professional development and license renewal opportunities, there may be some associated costs. Some of those costs should be absorbed by existing budget--others may be funded by the Utah State Legislature. Professional development or licensing opportunities may cost significantly different amounts.

 

other persons:

There may be costs to other persons earning professional development points or seeking license renewal. It is expected that the costs to individuals need not exceed $200 in each 5-year renewal period. However, these costs may depend upon the educator's assignment, previous experience in education, and the educator's own preferences.

 

Compliance costs for affected persons:

There may be costs for affected persons earning professional development points or seeking license renewal. The costs may be minimal or educator's may choose to take more costly courses or opportunities.

 

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

I have reviewed this rule, and I see no fiscal impact on businesses. Steven O. Laing

 

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:

04/14/2004

 

This rule may become effective on:

04/15/2004

 

Authorized by:

Carol Lear, Coordinator School Law and Legislation

 

 

RULE TEXT

R277. Education, Administration.

R277-501. Educator Licensing Renewal.

R277-501-1. Definitions.

A. "Acceptable alternative professional development activities" means activities that do not fall within a specific category under R277-501-3 but are consistent with this rule.

B. "Active educator" means an individual holding a valid license issued by the Board who is employed by a unit of the public education system or an accredited private school in a role covered by the license or an individual who has taught successfully for three of the five years in the educator's renewal cycle.

C. "Active educator license" means a license that is currently valid for service in a position requiring a license.

D. "Approved Inservice" means training, approved by the USOE under R277-519-3, in which current educators or individuals who have previously received a license may participate to renew a license, teach in another subject area or teach at another grade level.

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

F. "College/university course" means a course taken through an institution approved under Section 53A-6-108.

G. "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).

[G]H. "Documentation of professional development activities" means:

(1) an original report card or student transcript for university/college courses;

(2) certificate of completion for an approved inservice, conference, workshop, institute, symposium, educational travel experience and staff development;

(3) summary, explanation, or copy of the product and supervisor's signature, if available, or complete documentation of professional development activities that support district and school policies and further academic pursuit or educational innovations of professional development activities. All agendas, work products, and certificates shall be maintained by the educator in the educator's Utah Educator License Renewal Folder;

(4) an agenda or conference program demonstrating sessions and duration of professional development activities.

[H]I. "Educational research" means conducting educational research or investigating education innovations.

J. "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).

K. "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).

[I]L. "Inactive educator" means an individual holding a valid license issued by the Board who was employed by a unit of the public education system or an accredited private school in a role covered by the license for less than three years in the individual's renewal period.

[J]M. "Inactive educator license" means a license, other than a surrendered, suspended or revoked license, that is currently not valid due to the holder's failure to complete requirements for license renewal.

[K]N. "Level 1 license" means a license issued upon completion of an approved preparation program or an alternative preparation program, or pursuant to an agreement under the NASDTEC Interstate Contract, to candidates who have also met all ancillary requirements established by law or rule.

[L]O. "Level 2 license" means a license issued after satisfaction of all requirements for a Level 1 license and:

(1) requirements established by law or rule; and

(2) three years of successful education experience within a five-year period.

[M]P. "Level 3 license" means a license issued to an educator who holds a current Utah Level 2 license and has also received National Board [c]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.

[N]Q. "License" means an authorization issued by the Board which permits the holder to serve in a professional capacity in a unit of the public education system or an accredited private school.

R. "NASDTEC" means the National Association of State Directors of Teacher Education and Certification. NASDTEC maintains an Educator Information Clearinghouse for its members regarding persons whose licenses have been suspended or revoked.

S. "National Board Certification" means the successful completion of the National Board for Professional Teaching Standards (NBPTS) process, a three-year process, that may include national content-area assessment, an extensive portfolio, and assessment of video-taped classroom teaching experience.

T. "NCATE" means the National Council for Accreditation of Teacher Education, that has established standards for teacher education programs and holds accredited institutions accountable for meeting these standards.

[O. "One half time contract position" means less than full time (minimum hours defined by district contract) but at least one half time (minimum hours defined by district contract) employment as an educator in a unit of the public education system or an accredited private school for one school year, or full time for at least one half of the school year.

P. "Professional activities in an educational institution" means active participation in an educational institution consistent with the standards of this rule.

Q]U. "Professional development plan" means a document prepared by the educator consistent with this rule.

[R]V. "Professional development [or license ]points" means the points accumulated by a Utah license holder through activities approved under this rule for the purpose of satisfying requirements of Section 53A-6-104.

[S]W. "Utah Educator License Renewal Folder" means the folder provided by the USOE or school districts for educators to collect and track professional activities for purposes of license renewal. The Utah Educator [l]License [r]Renewal [f]Folder may also be developed by an educator upon his own initiative and in an individual format, but shall include adequate documentation of participation in activities approved under this rule.

[T]X. "USOE" means the Utah State Office of Education.

[U]Y. "Verification of employment" means official documentation of employment as an educator.

 

R277-501-2. 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, Section 53A-6-104 which requires the Board to make rules requiring participation in professional development activities in order for educators to retain Utah licensure, and Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to provide definitions and requirements for an educator to renew a Utah educator license. This rule requires verification of employment, development of a professional development plan and documentation of activities consistent with Section Title 53A, Chapter 6.

 

R277-501-3. Categories of Acceptable Activities for a Licensed Educator.

A. A college/university course:

(1) shall be successfully completed with a "C" or better, or a "pass."

(2) Each semester hour equals 18 license points; or

(3) Each quarter hour equals 12 license points.

B. Inservice:

(1) shall be state-approved under R277-519-3.

(2) may be requested from the USOE by:

(a) written request from a private provider on a form supplied by the USOE and received by the appropriate USOE subject specialist at least two weeks prior to the beginning date of the scheduled inservice, or

(b) a request submitted through the computerized inservice program connected to the USOE licensure system.

(i) The computerized process is available in most Utah school districts and area technology centers.

(ii) Such requests shall be made at least two weeks prior to the beginning of the scheduled inservice.

(3) Each clock hour of authorized inservice time equals one professional development point.

(4) The inservice shall be successfully completed through attendance and required project(s).

C. Conferences, workshops, institutes, symposia, educational travel experience or staff-development programs:

(1) Acceptable workshops and programs include those with prior written approval by the USOE, recognized professional associations, district supervisors, or school supervisors regardless of the source of sponsorship or funding.

(2) One license point is awarded for each clock hour of educational participation.

D. Service in professional activities in an educational institution:

(1) Acceptable service includes that in which the license holder contributes to improving achievement in a school, district, or other educational institution, including planning and implementation of an improvement plan.

(2) One license point is awarded for each clock hour of participation.

(3) An inactive educator may earn professional development points by service in professional activities under the supervision of an active administrator.

E. Service in a leadership role in a national, state-wide or district recognized professional education organization:

(1) Acceptable service includes that in which the license holder assumes a leadership role in a professional education organization.

(2) One license point is awarded for each clock hour of participation with a maximum of 10 license points per year.

F. Educational research and innovation that results in a final, demonstrable product:

(1) Acceptable activities include conducting educational research or investigating educational innovations.

(2) This research activity shall follow school and district policy.

(3) An inactive educator may conduct research and receive professional development [credit]points on programs or issues approved by a practicing administrator.

(4) One license point is awarded for each clock hour of participation.

G. Acceptable alternative professional development activities:

(1) Acceptable activities are those that enhance or improve education yet may not fall into a specific category.

(2) These activities shall be approved by an educators's principal/supervisor.

(3) One license point is awarded for each clock hour of participation.

H. Substituting in a unit of the public education system or an accredited private school may be an acceptable alternative professional development activity toward license renewal if the license holder is not an active educator as defined under R277-501B and is paid and authorized as a substitute. A substitute shall earn one point for every two hours of documented substitute time. Verification of hours shall be obtained from the employer or from the supervising principal. A license holder may earn a maximum of 50 professional development points during the renewal period as a substitute.

I. Up to 50 license points may be earned in any one or any combination of categories D, F and G above.

 

R277-501-4. NCLB Highly Qualified - Secondary.

In order to meet the federal requirements under a Highly Objective Uniform Statewide System of Evaluation (HOUSSE), 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 assignments:

A. a University major degree or National Board Certification; or

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

C. an endorsement in a subject area directly related to the educator's academic major; or

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

E. documentation of satisfaction of Utah's HOUSSE requirements for assignments not directly related to the educator's academic major:

(1) a current endorsement for the assignment; and

(2) completion of 200 professional development points directly related to the area in which the teacher seeks to meet the federal standard under R277-501(3) as applicable. (No more than 100 points may be earned for successful teaching in related area(s)); and

(3) points and documentation are required for teachers of all NCLB content courses prior to June 30, 2006; and

(4) documentation includes official transcripts, annual teaching evaluation(s), data of adequate student achievement.

 

R277-501-5. NCLB Highly Qualified - Elementary and Early Childhood.

A. In order to meet the federal requirements under a Highly Objective Uniform Statewide System of Evaluation (HOUSSE), an elementary/early childhood educator shall satisfy R277-501-5A (1) and (2) and (3)(a) or (b), and B or C as provided below:

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

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

(3) the educator shall:

(a) have completed an elementary or early childhood major or both from an accredited college or university; or

(b) the teacher's employer may 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:

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

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

(iii) nine semester hours of social sciences or the equivalent; and

(iv) three semester hours of the arts or the equivalent; and

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

(vi) six semester hours of elementary/early childhood methodology (block); and

B. the educator has obtained a Level 2 license; or

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

 

R277-501-[4]6. Required Renewal License Points for Designated License Holders.

A. Level 1 license holder with no licensed educator experience.

(1) An educator desiring to retain active status shall earn at least 100 license points in each three year period.

B. Level 1 license holder with one year licensed educator experience within a three year period.

(1) An active educator shall earn at least 75 license points in each three year period; and

(2) any years taught shall have satisfactory evaluation(s).

C. Level 1 license holder with two years licensed educator experience within a three year period.

(1) An active educator shall earn at least 50 license points in each three year period; and

(2) Any years taught shall have satisfactory evaluation(s).

D. Level 1 license holder with three years licensed educator experience within a three year period.

(1) An active educator shall earn at least 25 professional development points in each three year period; and

(2) Any years taught shall have satisfactory evaluation(s).

E. An educator seeking a Level 2 license shall notify the USOE of completion of Level 2 license prerequisites consistent with R277-522, Entry Years Enhancements (EYE) for Quality Teaching - Level 1 Utah Teachers and R277-502, Educator Licensing and Data Retention.

[D]F. Level 2 license holder:

(1) An active educator shall earn at least 100 license points within each five year period. License points shall be earned in activities defined under this rule that contribute to competence, performance, and effectiveness in the education profession.

(2) An inactive educator shall earn at least 200 license points within a five year period to maintain an active educator license.

(3) An inactive educator who works one year within a five year period shall earn 165 license points within a five year period to maintain an active educator license.

(4) An inactive educator who works two years within a five year period shall earn 130 license points within a five year period to maintain an active educator license.

(5) Credit for any year(s) taught requires satisfactory evaluation(s).

[E]G. Level 3 license holder:

(1) A Level 3 license holder with National Board Certification shall meet the National Board for Professional Teaching Standards (NBPTS) requirements consistent with the NBPTS schedule available from the USOE Educator Licensure Section. A Level 3 license holder shall be responsible to provide verification of NBPTS status prior to the license holder's designated renewal date.

(2) A Level 3 license holder with a doctorate degree in education or in a field related to a content area in a unit of the public education system or an accredited private school shall meet the active or inactive educator Level 2 license holder requirements within a seven year period.

(3) An educator seeking a Level 3 license shall notify the USOE of completion of Level 3 license requirements. Level 3 license criteria apply to the license holder as of the license holder's renewal date following the notification to the USOE.

H. Teachers seeking license renewal who do not meet NCLB standards shall focus 100 of the 200 required professional development points in teaching assignments in which the teacher does not hold an appropriate major or major equivalent.

 

R277-501-[5]7. Renewal Timeline with Point Requirements for Educator Level 2 License Holders.

A. Level 2 active educators:

[(1) A licensed educator whose license expires June 30, 2001 shall earn 20 license points between July 1, 1999 and June 30, 2001 and shall provide verification of employment.

(2) A licensed educator whose license expires June 30, 2002 shall earn 40 license points between July 1, 1999 and June 30, 2002 and shall provide verification of employment.

(3) A licensed educator whose license expires June 30, 2003 shall earn 60 license points between July 1, 1999 and June 30, 2003 and shall provide verification of employment.]

([4]1) A licensed educator whose license expires June 30, 2004 shall earn 80 license points between July 1, 1999 and June 30, 2004 and shall provide verification of employment.

([5]2) A licensed educator whose license expires June 30, 2005 shall earn 100 license points between July 1, 1999 and June 30, 2005 and shall provide verification of employment.

B. Level 2 inactive educators:

[(1) A licensed educator whose license expires on June 30, 2001 shall earn 100 license points between July 1, 1999 and June 30, 2001. License holders may receive credit for university/inservice courses taken no more than five years prior to July 1, 1999 under R277-501-6(I).

(2) A licensed educator whose license expires on June 30, 2002 shall earn 100 license points between July 1, 1999 and June 30, 2002. License holders may receive credit for university/inservice courses taken no more than five years prior to July 1, 1999 under R277-501-6(I).

(3) A licensed educator whose license expires on June 30, 2003 shall earn 120 license points between July 1, 1999 and June 30, 2003.]

([4]1) A licensed educator whose license expires on June 30, 2004 shall earn [160]180 license points between July 1, 1999 and June 30, 2004.

([5]2) A licensed educator whose license expires [on]after June 30, 200[5]4 shall earn 200 license points [between July 1, 1999 and June 30, 2005]during the renewal period.

 

R277-501-[6]8. Miscellaneous Renewal Information.

A. A licensed educator shall develop and maintain a professional development plan. The plan:

(1) shall be based on the educator's professional goals and current or anticipated assignment,

(2) shall take into account the goals and priorities of the school/district,

(3) shall be consistent with federal and state laws and district policies, and

(4) may be adjusted as circumstances change.

(5) shall be reviewed and signed by the educator's supervisor.

(6) If an educator is not employed in education at the renewal date, the educator shall:

(a) review the plan and documentation with a professional colleague who may sign the professional development plan and USOE verification form, or

(b) review the professional development plan and personally sign the verification form.

B. Each Utah license holder shall be responsible for maintaining a professional development folder.

(1) It is the educator's responsibility to retain copies of complete documentation of professional development activities with appropriate signatures.

(2) The professional development folder shall be retained by the educator for a minimum of two renewal cycles.

C. The "Verification for License Renewal" form shall be submitted to the USOE Licensing Section, 250 East 500 South, P.O. Box 144200, Salt Lake City, Utah 8411[1]4-4200 between January 1 and June 30 of the renewal year.

(1) Forms that are not complete or do not bear original signatures shall not be processed.

(2) Failure to submit the verification form consistent with deadlines shall result in beginning anew the administrative licensure process, including all attendant fees and criminal background checks.

(3) The USOE may, at its own discretion, review or audit verification for license renewal forms or the Utah [e]Educat[ion]or [l]License [r]Renewal [f]Folder[s upon request].

D. License holders may begin to acquire professional development points under this rule as of July 1, 1999.

E. This rule does not explain criteria or provide credit standards for state approved inservice programs. That information is provided in R277-519.

F. Credit for district lane changes or other purposes is determined by a school district and is awarded at a school district's discretion. Professional development [credit]points should not be assumed to be credit for school district purposes, such as salary or lane change credit.

G. A renewal fee set by the USOE shall be charged to educators who seek renewal from an inactive status or to make level changes. Educators with active licenses shall not be charged a renewal fee.

H. The USOE may make exceptions to the provisions of this rule for unique and compelling circumstances.

(1) Exceptions may only be made consistent with the purposes of this rule and the authorizing statutes.

(2) Requests for exceptions shall be made in writing at least 30 days prior to the license holder's renewal date to the Coordinator of Educator Licensing, USOE.

(3) Approval or disapproval shall be made in a timely manner.

I. Licenses awarded under R277-521, Professional Specialist Licensing, are subject to renewal requirements under this rule.

(1) Specialists shall be considered licensed as of September 15, 1999, the effective date of R277-521.

(2) All specialists shall be considered Level 1 license holders.

(3) Years of work experience beginning September 15, 1999 count toward levels of licensure.

J. Consistent with Section 53A-6-104(2) and (4), an educator may comply with the professional development requirements of this rule by:

(1) satisfactory completion of the educator's employing school district's district-specific professional development plan; and

(2) submission by the employing school district of the names of educators who completed district-specific professional development plans; and

(3) submission of professional development information in a timely manner consistent with the educator's license renewal cycle; failure of timely notification by districts to the USOE may result in expiration of licenses and additional time and costs for relicensure.

K. Completion of relicensure requirements by an educator under R277-501-6 or R277-501-8J, may not satisfy HOUSSE requirements for highly qualified status under No Child Left Behind, as defined in R277-520.

 

KEY: educational program evaluations, educator license renewal[*]

[May 16, 2000]2004

Art X Sec 3

53A-6-104

53A-1-401(3)