DAR File No. 27270

Education, Administration

R277-503

Licensing Routes

NOTICE OF PROPOSED RULE

DAR File No.: 27270
Filed: 07/01/2004, 05:01
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide for changes to criteria and eligibility requirements for teacher licensing routes.

Summary of the rule or change:

The changes to the rule include: adding the National Council for Accreditation of Teacher Education (NCATE) and the Teachers Education Accreditation Council (TEAC) as institutions of higher education accreditation and regionally-accredited competency-based programs; modifications to alternative routes to licensure; additions and changes in definitions; and changes and additions to licensing eligibility and licensing and endorsement routes.

State statutory or constitutional authorization for this rule:

Section 53A-1-402(1)(a)

Anticipated cost or savings to:

the state budget:

The amended rule attempts to bring related areas of licensing rules together in one rule. One change in this rule allows regionally-accredited colleges to have their graduates approved for licensing in Utah. If this change results in a significant increase in applicants for Utah educator licenses, there could be a significant increase in Utah State Office of Education staff costs to review applications and respond to applicants. The potential increased costs are uncertain and speculative at this time.

local governments:

The amendments provide clarification about the alternative routes to licensure (ARL) process which requires school district participation. Cooperation has been good in the past and costs to school districts has been very minimal.

other persons:

The amended rule clarifies the ARL process which can require an ARL applicant who would be an "affected person under this rule" to take additional higher education classes or in-service courses. The intent and effort of all involved is to keep costs for prospective teachers minimal. Federal law, however, requires teachers to have specific levels of training and education. It is the State Board's intent to keep compliance costs for individual prospective licenses as minimal as possible.

Compliance costs for affected persons:

The amended rule clarifies the ARL process which can require an ARL applicant to take additional higher education classes or in-service courses. The intent and effort of all involved is to keep compliance costs for prospective teachers minimal. Federal law, however, requires teachers to have specific levels of training and education. It is the State Board's intent to keep compliance costs for individual prospective licenses as minimal as possible.

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.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

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 clear@usoe.k12.ut.us

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:

08/16/2004

This rule may become effective on:

08/17/2004

Authorized by:

Carol Lear, Coordinator School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-503. [Alternative ]Licensing Routes.

R277-503-1. Definitions.

A. "Alternative Routes to Licensure (ARL) advisors" mean a USOE specialist with specific professional development and educator licensing expertise, and a USOE-designated curriculum specialist.

[A]B. "Board" means the Utah State Board of Education.

[B. "Consortium" means a committee comprised of a USOE staff member, a school district representative and an institution of higher education representative who shall act jointly to adapt a licensing program to the needs of a licensing applicant, supervise the applicant as the applicant completes the program, evaluate the applicant's performance and, if appropriate, recommend the applicant for final licensing.]C. "Competency-based" means a teacher training approach structured for an individual to master and demonstrate content and teaching skills and knowledge at the individual's own pace and sometimes in alternative settings.

D. "Educational Testing Service (ETS)" is a worldwide educational testing and measurement organization.

[C]E. "Endorsement" means a qualification based on content area mastery obtained through a higher education major or minor or through a state-approved endorsement program.

[D]F. "Letter of authorization" means a [temporary license or approval issued to a district for an individual, such as a student teacher or a person hired to perform professional services, who has not completed the requirements for a Level 1 license, but is working toward licensing. Letters of authorization are valid for periods consistent with Section 53A-6-104(3)(a).]formal approval given to an individual such as an out-of-state candidate or a first year ARL candidate who is employed by a school district/charter school in a position requiring a professional educator license who has not completed the requirements for an ARL license or a Level 1, 2, or 3 license or who has not completed necessary endorsement requirements. A teacher working under a letter of authorization cannot be designated highly qualified under R277-520-1G.

[E]G. "Level 1 license" means a Utah professional educator 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 applicants who have also met all ancillary requirements established by law or rule.

H. "Level 2 license" means a Utah professional educator license issued after satisfaction of all requirements for a Level 1 license and:

(1) requirements established by law or rule;

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

(3) satisfaction of requirements under R277-522 for teachers employed after January 1, 2003.

I. "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.

J. "National Association of State Directors of Teacher Education and Certification (NASDTEC)" is an educator information clearinghouse that maintains an interstate reciprocity agreement and database for its members regarding educators whose licenses have been suspended or revoked.

[F]K. "National Council for Accreditation of Teacher Education (NCATE)[ or NCATE partnership]" [means a working relationship between the National Council for Accreditation of Teacher Education (NCATE) and the USOE to conduct concurrent reviews of educator preparation programs. Members of the NCATE team and the USOE team may conduct program reviews simultaneously to minimize program disruption]is a nationally recognized organization which accredits the education units providing baccalaureate and graduate degree programs for the preparation of teachers and other professional personnel for elementary and secondary schools.

[G]L. "Pedagogical knowledge" means practices and strategies of teaching, classroom management, preparation and planning that go beyond an educator's content knowledge of an academic discipline.

M. "Praxis II - Principles of Learning and Teaching" is a standards-based test provided by ETS and designed to assess a beginning teacher's pedagogical knowledge. This test is used by many states as part of their teacher licensing process. Colleges and universities may use this test as an exit exam from teacher education programs. All Utah Level 1 license holders employed or reemployed after January 1, 2003 shall pass this test prior to the issuance of a Level 2 professional educator license consistent with R277-522-1H(3).

N. "Regional accreditation" means formal approval of a school that has met standards considered to be essential for the operation of a quality school program by the following organizations:

(1) Middle States Commission on Higher Education;

(2) New England Association of Schools and Colleges;

(3) North Central Association Commission on Accreditation and School Improvement;

(4) Northwest Commission on Colleges and Universities;

(5) Southern Association of Colleges and Schools; and

(6) Western Association of Schools and colleges: Senior College Commission.

O. "Restricted endorsement" means a qualification based on content area knowledge obtained through a USOE-approved program of study or test and shall be available only to teachers in necessarily existent small school settings and teachers in youth in custody programs.

[H]P. "State-approved Endorsement Plan (SAEP)" means a plan in place developed between the USOE and a licensed educator to direct the completion of endorsement requirements by the educator.

Q. "Teacher Education Accreditation Council (TEAC)" is a nationally recognized organization which provides accreditation of professional teacher education programs in institutions offering baccalaureate and graduate degrees for the preparation of K-12 teachers.

[I]R. "USOE" means the Utah State Office of Education.

R277-503-2. Authority and Purpose.

A. This rule is authorized by Article X, Section 3 of the Utah Constitution, which places general control and supervision of the public schools under the Board, Section 53A-1-402(1)(a) which directs the Board to establish rules and minimum standards for the qualification and licensing of educators and ancillary personnel who provide direct student services, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to [increase the numbers of eligible, qualified and prepared teachers by providing alternate routes to professional educator licensing in addition to traditional college/university training and to increase the number of teachers adequately prepared in subject-specific endorsement areas by providing alternate routes.]provide minimum eligibility requirements for applicants for teacher licenses and to provide explanation and criteria of various teacher licensing routes. The rule also provides criteria and procedures for licensed teachers to earn endorsements and the requirement for all applicants for licenses to have and pass criminal background checks.

R277-503-3. USOE Licensing Eligibility.

A. Traditional college/university license - A license applicant shall have completed an approved college/university teacher preparation program, been recommended for licensing, and shall have satisfied all other requirements for educator licensing required by law; or

B. Alternative Licensing Route

(1) A license applicant shall have a bachelors degree or higher from an accredited higher education institution in an area related to the position he seeks; and

[C.](2) A license applicant shall have skills, talents or abilities, as evaluated by the employing entity, making the applicant [suited]appropriate for a licensed teaching position and eligible to participate in an ARL program.

[D.](3) While [completing]beginning an alternative licensing [route]program, an applicant shall be approved for employment under a letter of authorization for a maximum of [four]one school year[s consistent with Section 53A-6-104(3)(a)] and may be employed under an ARL license for an additional two years. An ARL program may not exceed three school years. ARL candidates who receive ARL licensure status may be designated highly qualified under R277-520-1G.

C. All Level 1 license applicants seeking a Utah educator license after July 1, 2005 shall take a USOE-designated content test prior to the issuance of a license.

(1) Early childhood (K-3) and elementary major (1-8) are required to take the appropriate content test.

(2) Secondary teachers are required to take an appropriate content test, as designated by USOE.

(3) An applicant shall qualify for a Level 2 license by earning a USOE designated passing score.

D. The credentials and documentation of experience of applicants for Level 2 and 3 professional educator licenses shall be evaluated by the USOE to determine the appropriate license level.

R277-503-4. Licensing Routes.

[A. Traditional university/college licensing route, under R277-503-3A.]Applicants who seek Utah licenses shall successfully complete accredited programs or legislatively mandated programs consistent with this rule.

A. Institution of higher education teacher preparation programs shall be:

(1) Nationally accredited by:

(a) NCATE; or

(b) TEAC; or

(2) Regionally accredited competency-based teacher preparation programs as provided under R277-503-1L.

B. USOE Alternative Routes to Licensure (ARL)

(1) To be eligible to begin the ARL program, an applicant for an elementary or early childhood school position shall have a bachelors degree and at least 27 semester hours of applicable content courses distributed among elementary curriculum areas. Elementary curriculum areas are provided under R277-700-4. To proceed from temporary license status, an ARL applicant shall submit a score on the ETS Praxis II Elementary Education Content Knowledge Examination (0014) to be used as a diagnostic tool and as part of the development of a professional plan and the issuance of the ARL license.

(2) To be eligible to begin the ARL program, applicants for secondary school positions shall hold a degree major or major equivalent directly related to the assignment. To proceed from temporary license status an ARL license applicant shall submit a score on the ETS Praxis II Applicable Content Knowledge test(s) to be used as a diagnostic tool and as part of the development of a professional plan and the issuance of the ARL license.

[B.](3) Licensing by Agreement

([1]a) An individual employed by [A]a school district [employs an individual]shall satisfy the minimum requirements of R277-503-3 as a teacher with appropriate skills, training or ability for an identified licensed teaching position in the district[ who satisfies the minimum requirements of R277-503-3].

([2]b) An applicant shall obtain an [USOE-approved]ARL application for licensing [by agreement ]from the [employing school district]USOE or USOE web site.[

(3) The license applicant, with assistance from the school district, shall identify a consortium, defined under R277-503-1B, to supervise the Agreement process.]

([4]c) [The consortium shall identify the]After evaluation of candidate transcript(s), and USOE designated content test score, the USOE ARL advisors and the candidate shall determine the specific content knowledge and pedagogical knowledge required of the license applicant to satisfy the requirements for licensing.

([5]d) The [consortium]USOE ARL advisors may identify institution of higher education courses, district inservice classes, Board-approved training, or Board-approved competency tests to prepare or indicate content, content-specific, and developmentally-appropriate pedagogical knowledge required for licensing.

([6]e) The employing school district shall assign a trained mentor to work with the applicant for licensing by agreement.

([7]f) The school district shall supervise and assess the license applicant's classroom performance during a minimum one school year full-time employment experience. The district may request assistance from a institution of higher education or the USOE in the monitoring and assessment.

([8]g) The school district shall assess the license applicant's disposition as a teacher following a minimum one school year full-time teaching experience. The district may request assistance in this assessment; and

([9]h) The USOE ARL advisors shall annually review and evaluate [the consortium's assessment and recommendation of ]the license applicant following training, assessments or course work, [assigned by the consortium, ]and the full-time teaching experience and evaluation by the school district.

([10]i) Consistent with evidence and documentation received[ from the consortium], the USOE ARL advisor may recommend the license applicant to the Board for a Level 1 educator license.

[C.](4) USOE Licensing by Competency

([1]a) A school district employs an individual as a teacher with appropriate skills, training or ability for an identified licensed teaching position in the district who satisfies the minimum requirements of R277-503-3.

([2]b) An employing school district, in consultation with the applicant and the USOE, shall identify Board-approved content knowledge and pedagogical knowledge examinations. The applicant shall pass designated examinations demonstrating the applicant's adequate preparation and readiness for licensing.

([3]c) The employing school district shall assign a trained mentor to work with the applicant for licensing by competency.

([4]d) The school district shall monitor and assess the license applicant's classroom performance during a minimum one-year full-time teaching experience.

([5]e) The school district shall assess the license applicant's disposition for teaching following a minimum one-year full-time teaching experience.

([6]f) The school district may request assistance in the monitoring or assessment of a license applicant's classroom performance or disposition for teaching.

([7]g) Following the one-year training period, the school district and USOE shall verify all aspects of preparation (content knowledge, pedagogical knowledge, classroom performance skills, and disposition for teaching) to the USOE.

([8]h) If all evidence/documentation is complete, the USOE shall recommend the applicant for a Level 1 educator license.

(5) USOE ARL candidates under R277-503-4B(3) and (4) may teach under a letter of authorization for a maximum of one year. The letter of authorization shall expire after the first year on June 30 when the ARL candidate submits documentation of progress in the program, and the candidate shall be issued an ARL license.

(6) The ARL license may be extended annually for two subsequent school years with documentation of progress in the ARL program.

(7) Documentation shall include, specifically, a copy of the supervisor's successful end-of-year evaluation, copies of transcripts and test results or both showing completion of required coursework, verification of working with a trained mentor, and satisfaction of the full-time full year experience.

C. School district/charter school specific competency-based licenses:

(1) A local board/charter school board may apply to the Board for a letter of authorization to fill a position in the district.

(2) The employing school district/charter school shall request a letter of authorization no later than 60 days after the date of the individual's first day of employment.

(3) The application for the letter of authorization from the local board/charter school board for an individual to teach one or more core academic subjects shall provide documentation of:

(a) the individual's bachelors degree; and

(b) for a K-6 grade teacher, the satisfactory results of the rigorous state test including subject knowledge and teaching skills in the required core academic subjects under Section 53A-6-104.5(3)(ii) as approved by the Board; or

(c) for the teacher in grades 7-12, demonstration of a high level of competency in each of the core academic subjects in which the teacher teaches by completion of an academic major, a graduate degree, course work equivalent to an undergraduate academic major, advanced certification or credentialing, results or scores of a rigorous state core academic subject test, similar to the test required under R277-503-3E, in each of the core academic subjects in which the teacher teaches.

(4) The application for the letter of authorization from the local board/charter school board for non-core teachers in grades K-12 shall provide documentation of:

(a) a bachelors degree, associates degree or skill certification; and

(b) skills, talents or abilities specific to the teaching assignment, as determined by the local board/charter school board.

(5) Following receipt of documentation and consistent with Section 53A-6-104.5(2), the USOE shall approve a district/charter school specific competency-based license.

(6) If an individual with a district/charter school specific competency-based license leaves the district before the end of the employment period, the district shall notify the USOE Licensing Section regarding the end-of-employment date.

(7) The individual's district/charter school specific competency-based license shall be valid only in the district/charter school that originally requested the letter of authorization and for the individual originally employed under the letter of authorization or district/charter school specific competency-based license.

(8) The written copy of the district/charter school specific competency-based license shall prominently state the name of the school district/charter school followed by DISTRICT/CHARTER SCHOOL SPECIFIC COMPETENCY-BASED LICENSE.

(9) A school district/charter school may change the assignment of a school district/charter school specific competency-based license holder but notice to USOE shall be required and additional competency-based documentation may be required for the teacher to remain qualified or highly qualified.

(10) School district/charter school specific competency-based license holders are at-will employees consistent with Section 53A-8-106(5).

R277-503-5. Endorsement Routes.

A. An applicant shall successfully complete one of the following for endorsement:

(1) a USOE-approved institution of higher education educator preparation program with endorsement(s); or

(2) [successful ]assessment, approval and recommendation by a designated and subject-appropriate USOE specialist under a SAEP. The USOE shall be responsible for final recommendation and approval; or

(3) [successful completion of ]USOE-approved examination(s) assessing content knowledge and content-specific pedagogical knowledge. The USOE is responsible for final review and approval; or

(4) [successful completion of ]a USOE-approved Utah institution of higher education or Utah school district-sponsored endorsement program which includes content knowledge and content-specific pedagogical knowledge approved by [NCATE/]the USOE. The university or school district shall be responsible for final review and recommendation. The USOE shall be responsible for final approval.

B. A restricted endorsement shall be available and limited to teachers in necessarily existent small schools as determined under R277-445, and teachers in youth in custody programs. 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.

[B]C. All provisions that directly affect the health and safety of students required for endorsements, such as prerequisites for drivers education teachers or coaches, shall apply to applicants seeking endorsements through all routes under this rule.

[C]D. Prior to an [applicant]individual taking courses, exams or seeking a recommendation in the ARL licensing program, the [applicant]individual shall have school district/charter school and USOE authorization.

R277-503-6. Additional Provisions.

A. All programs or assessments used in applicant preparation shall meet national professional educator standards such as those developed by NCATE, [applicant performance standards]TEAC or competency-based regional accreditation.

B. All educators licensed under this rule shall also:

(1) complete the background check required under Section 53A-6-401;

(2) satisfy the professional development requirements of R277-502; and

(3) be subject to all Utah licensing requirements and professional standards.[

C. All costs of testing, evaluation, and course work shall be borne by the applicant unless other arrangements are agreed to in advance by the employing school district.]

[D]C. An applicant may satisfy the student teaching/clinical experience requirement for licensing through successful completion of either the licensing by agreement or by competency route.

KEY: teachers, alternative licensing

[April 22, 2002]2004

Notice of Continuation April 15, 2002

Art X Sec 3

53A-1-402(1)(a)

53A-1-401(3)

ADDITIONAL INFORMATION

PLEASE NOTE:

• Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Some browsers may not depict some or any of these attributes on the screen or when the document is printed.
• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at clear@usoe.k12.ut.us

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.