DAR File No. 30097

Education, Administration

R277-510

Educator Licensing - Highly Qualified Teachers

NOTICE OF PROPOSED RULE

DAR File No.: 30097
Filed: 06/14/2007, 03:27
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is repealed and reenacted to provide for the U.S. Department of Education's directive that all states submit a revised plan for achieving highly qualified status for all teacher assignments. Additionally, the rule is reorganized and terminology is changed.

Summary of the rule or change:

This rule adds new definitions including "teacher of record" and "veteran teacher" and deletes definitions including High Objective Uniform State Standard of Evaluation (HOUSSE) standards. The rule changes terminology from "highly qualified teacher" to a teacher's assignment designated as highly qualified.

State statutory or constitutional authorization for this rule:

Subsections 53A-1-401(1)(a) and 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Primarily terminology is revised to designate teacher assignments as "highly qualified" rather than people as highly qualified.

local governments:

There are no anticipated costs or savings to local government. The rule uses new terminology.

other persons:

There are no anticipated cost or savings to other persons. Schools, not individuals, will accept revised terminology.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Schools, not individuals, will accept revised terminology.

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. 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 carol.lear@schools.utah.gov

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:

07/31/2007

This rule may become effective on:

08/07/2007

Authorized by:

Carol Lear, Director, School Law and Legislation

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 two or more 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 R277-510-1D 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).]

R277-510. Educator Licensing - Highly Qualified Assignment.

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 for a position requiring a professional educator license.

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, consistent with R277-503-1.E and R277-503-5.

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

G. "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 two or more Core academic subjects defined under R277-510-1B or under R277-700.

H. "NCLB" means the Elementary and Secondary Education Act (ESEA), also known as the No Child Left Behind Act (NCLB), 20 U.S.C. 7801.

I. "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.

J. "Teacher of record" for the purposes of this rule means the teacher to whom students are assigned for purposes of reporting for USOE data submissions.

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

L. "Veteran Teacher" means a teacher whose date of hire in a Utah public school was prior to July 1, 2005, and who held a level 1, 2, or 3 license at that time.

 

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, Section 53A-1-401(1)(a) which directs the Board to establish rules setting minimum standards for educators who provide direct student services, 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 assignment to meet federal requirements for highly qualified status.

 

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

A. For a teacher assignment to be designated as NCLB highly qualified, the teacher's qualifications shall match the NCLB requirements of content expertise for the assignment. A special educator assigned in an elementary school as the classroom teacher of record shall meet the NCLB requirements for the assignment. The teacher shall have:

(1) a bachelor's degree; and

(2) an educator license with an early childhood area of concentration; and

(3) at least one of the following:

(a) a passing score at the level designated by the USOE on a Board-approved subject area test; or

(b) a Level 2 license with documentation of satisfaction of the veteran teacher requirements for the assignment as described in R277-510-8.

B. NCLB requirements do not apply to any pre-K assignment.

 

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

A. For a teacher assignment to be designated as NCLB highly qualified, the teacher's qualifications shall match the NCLB requirements of content expertise for the assignment. A special educator assigned in an elementary school as the classroom teacher of record shall meet the NCLB requirements for the assignment. The teacher shall have:

(1) a bachelor's degree; and

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

(3) at least one of the following:

(a) a passing score at the level designated by the USOE on a Board-approved subject area test; or

(b) a Level 2 license with documentation of satisfaction of veteran teacher requirements for the assignment as described in R277-510-8.

B. A teacher holding a license with an elementary area of concentration assigned to teach an NCLB core academic subject in a secondary school shall meet the requirements of R277-510-3(B).

 

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

A. For a teacher assignment to be designated as NCLB highly qualified, the teacher's qualifications shall match the NCLB requirements of content expertise for the assignment. The teacher shall have:

(1) a bachelor's degree; and

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

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

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

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

(c) a passing score at the level designated by the USOE on a Board-approved subject area test; if no Board-approved test is available, an endorsement is sufficient for highly qualified status; or

(d) documentation of satisfaction of the veteran teacher requirements for the assignment as described in R277-510-8.

B. An assignment in grades 7 or 8 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 R277-510-5A(3) above.

C. These requirements are only applicable to NCLB core academic subject assignments.

D. Each NCLB core academic course assignment is subject to the above standards.

 

R277-510-6. NCLB Highly Qualified Assignments - Special Education Teachers.

A. For a special education teacher assignment in grades K-8, or K-12 teaching students who are assessed using the Utah Alternative Assessment, to be designated as NCLB highly qualified, the teacher's qualifications shall match the NCLB requirements of content expertise for the assignment. A special educator assigned as the classroom teacher of record for a NCLB core academic subject shall have:

(1) a bachelor's degree; and

(2) an educator license with a special education area of concentration; and

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

(a) a passing score on a Board-approved elementary content test; or

(b) documentation of satisfaction of the veteran teacher requirements for the assignment as described in R277-510-8; or

(c) a university major degree, masters degree, doctoral degree, or National Board Certification and an endorsement in the content area; or

(d) a course work equivalent of a major degree (30 semester or 45 quarter hours) and an endorsement in the content area; or

(e) a passing score at the level designated by the USOE on a Board-approved subject area test and an endorsement in the content area.

(4) A special educator who would be NCLB highly qualified as a teacher of record in an elementary/early childhood regular education assignment is also NCLB highly qualified as a teacher of record in a special education assignment.

B. For a special education teacher assignment in grades 9-12 to be designated as NCLB highly qualified, the teacher's qualifications shall match the NCLB requirements of content expertise for the assignment. A special educator assigned as the classroom teacher of record for a NCLB core academic subject shall have:

(1) a bachelor's degree; and

(2) an educator license with a special education area of concentration; and

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

(a) a passing score on a Board-approved fundamental multi-subject test; or

(b) documentation of satisfaction of the veteran teacher requirements for the assignment as described in R277-510-8; or

(c) a university major degree, masters degree, doctoral degree, or National Board Certification; or

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

(e) a passing score at the level designated by the USOE on a Board-approved subject area test.

C. IDEA may contain requirements for teacher qualifications in addition to the requirements of NCLB and this rule. R277-510 does not replace, supercede, or nullify any of those requirements.

 

R277-510-7. NCLB Highly Qualified Assignments - Small Schools Multiple Subject Teachers 7 - 12.

A. For a small school multiple subject teacher assignment to be designated as NCLB highly qualified, the teacher's qualifications shall match the NCLB requirements of content expertise for the assignment. The teacher shall have:

(1) a bachelor's degree; and

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

(3) an endorsement or a restricted 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; or

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

(c) a passing score at the level designated by the USOE on a Board-approved subject area test; or

(d) documentation of satisfaction of the veteran teacher requirements for the assignment as described in R277-510-8; or

(e) a passing score on a Board-approved fundamental multi-subject test.

B. The Director of Educator Quality Services at the Utah State Office of Education shall annually publish a list of qualifying small schools, consistent with R277-445.

 

R277-510-8. Highly Qualified Requirements for Assignment of Veteran Teachers.

A. Veteran teachers in Early Childhood and Elementary assignments who hold Early Childhood or Elementary areas of concentration may meet highly qualified requirements by:

(1) completion of an elementary or early childhood major or both from an accredited university; or

(2) a review of college and university transcripts that identify that credits have been earned in the following areas 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; and

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

B. Veteran teachers in secondary NCLB core subject assignments who hold a secondary area of concentration may meet highly qualified requirements by having:

(1) an endorsement in a subject area directly related to the teacher'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 of assignment. No more than 100 points may be earned for successful teaching in the related areas.

 

R277-510-9. LEA Highly Qualified Plans.

A. Each district and charter school shall submit a plan to the USOE describing strategies for progressing toward and maintaining the highly qualified status of all educator assignments to which this rule applies. Each plan shall be updated annually.

B. The USOE shall review district and charter school plans and provide technical support to districts and charter schools to assist them in carrying out their plans to the extent of staff/resources available.

C. The USOE shall set timelines for submission and review of district and charter school plans.

 

R277-510-10. Highly Qualified Time Lines.

A. NCLB requires that all NCLB core subject assignments meet highly qualified standards as of July 1, 2006. Utah school districts and charter schools shall work toward and have plans in place to ensure progress toward this requirement.

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

 

R277-510-11. Highly Qualified Rules in Relation to Other Board Rules.

Other Board rules may include requirements related to licensure or educator assignment that do not specifically apply to NCLB highly qualified assignment status. R277-510 does not supercede, replace, or nullify any of these requirements.

 

KEY: educators, highly qualified

Date of Enactment or Last Substantive Amendment: [March 6, 2006]2007

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