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H.B. 253
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RURAL SCHOOLS - EQUITY IN EDUCATION
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2002 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Bradley T. Johnson
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This act modifies provisions related to the State System of Public Education by allowing the
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State Board of Education to award scholarships to teachers in necessarily existent small
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schools or small school districts to obtain endorsements or master's degrees. This act directs
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the State Board of Education to make rules to administer the scholarship program and
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provides an ongoing appropriation of $150,000 from the Uniform School Fund for fiscal year
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2002-03 to the State Board of Education for the scholarship program. This act takes effect
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on July 1, 2002.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53A-6-103, as repealed and reenacted by Chapter 108, Laws of Utah 1999
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ENACTS:
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53A-6-701, Utah Code Annotated 1953
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53A-6-702, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-6-103
is amended to read:
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53A-6-103. Definitions.
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As used in this chapter:
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(1) "Accredited institution" means an institution meeting the requirements of Section
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53A-6-107
.
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(2) "Alternative preparation program" means preparation for licensure in accordance with
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applicable law and rule through other than an approved preparation program.
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(3) "Ancillary requirement" means a requirement established by law or rule in addition to
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completion of an approved preparation program or alternative education program or establishment
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of eligibility under the NASDTEC Interstate Contract, and may include any of the following:
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(a) minimum grade point average;
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(b) standardized testing or assessment;
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(c) mentoring;
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(d) recency of professional preparation or experience;
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(e) graduation from an accredited institution; or
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(f) evidence relating to moral, ethical, physical, or mental fitness.
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(4) "Approved preparation program" means a program for preparation of educational
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personnel offered through an accredited institution in Utah or in a state which is a party to a
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contract with Utah under the NASDTEC Interstate Contract and which, at the time the program
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was completed by the applicant:
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(a) was approved by the governmental agency responsible for licensure of educators in the
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state in which the program was provided;
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(b) satisfied requirements for licensure in the state in which the program was provided;
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(c) required completion of a baccalaureate; and
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(d) included a supervised field experience.
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(5) "Board" means the Utah State Board of Education.
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(6) "Certificate" means a license issued by a governmental jurisdiction outside the state.
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(7) "Educator" means:
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(a) a person who holds a license;
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(b) a teacher, counselor, administrator, librarian, or other person required, under rules of
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the board, to hold a license; or
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(c) a person who is the subject of an allegation which has been received by the board or
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UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a
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position requiring licensure.
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(8) "Endorsement" means a stipulation appended to a license setting forth the areas of
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practice to which the license applies.
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(9) "License" means an authorization issued by the board which permits the holder to serve
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in a professional capacity in the public schools. The four levels of licensure are:
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(a) "Letter of authorization," which is a temporary license issued to a person who has not
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completed requirements for a level 1, 2, or 3 license, such as a student teacher or a person hired
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to perform professional services on an emergency basis when fully qualified personnel are not
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available;
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(b) "Level 1 license," which is a license issued upon completion of an approved
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preparation program or an alternative preparation program, or pursuant to an agreement under the
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NASDTEC Interstate Contract, to candidates who have also met all ancillary requirements
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established by law or rule;
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(c) "Level 2 license," which is a license issued after satisfaction of all requirements for a
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Level 1 license as well as any additional requirements established by law or rule relating to
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professional preparation or experience; and
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(d) "Level 3 license," which is a license issued to an educator who holds a current Utah
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Level 2 license and has also received, in the educator's field of practice, National Board
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certification or a doctorate from an accredited institution.
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(10) "NASDTEC" means the National Association of State Directors of Teacher Education
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and Certification.
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(11) "NASDTEC Interstate Contract" means the contract implementing Title 53A, Chapter
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6, Part 2, Compact for Interstate Qualification of Educational Personnel, which is administered
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through NASDTEC.
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(12) "National Board certification" means a current certificate issued by the National
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Board for Professional Teaching Standards.
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(13) "Necessarily existent small school" means a school classified as a necessarily existent
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small school in accordance with Section
53A-17a-109
.
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[(13)] (14) "Office" means the Utah State Office of Education.
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[(14)] (15) "Rule" means an administrative rule adopted by the board under Title 63,
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Chapter 46a, Utah Administrative Rulemaking Act.
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[(15)] (16) "School" means a public or private entity which provides educational services
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to a minor child.
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(17) "Small school district" means a school district with an enrollment of less than 5,000
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students.
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[(16)] (18) "UPPAC" means the Utah Professional Practices Advisory Commission.
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Section 2.
Section
53A-6-701
is enacted to read:
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Part 7. Scholarships for Teachers in Necessarily Existent Small Schools
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or Small School Districts
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53A-6-701. Scholarships for teachers to obtain endorsements or master's degrees --
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Conditions.
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(1) The State Board of Education may award scholarships to teachers in necessarily
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existent small schools or small school districts to pay for education expenses related to obtaining:
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(a) an endorsement; or
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(b) a master's degree that qualifies the teacher to teach advanced placement or concurrent
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enrollment classes.
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(2) The maximum amount of a scholarship shall be $3,000.
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(3) (a) As a condition of each scholarship, the scholarship recipient shall be obligated to
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teach for two years in a necessarily existent small school or small school district, as provided in
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Subsection (3)(b) or (c).
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(b) A scholarship recipient obtaining an endorsement shall be obligated to teach for two
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years the subject for which the endorsement was obtained.
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(c) A scholarship recipient obtaining a master's degree shall be obligated to teach for two
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years an advanced placement or concurrent enrollment class.
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Section 3.
Section
53A-6-702
is enacted to read:
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53A-6-702. Rules.
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(1) The State Board of Education shall make rules:
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(a) specifying procedures for applying for and awarding the scholarships described in
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Section
53A-6-701
;
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(b) specifying criteria for selecting scholarship recipients;
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(c) requiring the repayment by a teacher of a prorated portion of a scholarship, if the
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teacher fails to comply with the conditions of the scholarship as provided in Section
53A-6-701
;
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and
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(d) specifying education expenses that may be paid with scholarship monies.
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(2) The board rules shall provide that priority in awarding scholarships shall be given to
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applicants teaching in schools in critical need of a teacher with a particular endorsement or a
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master's degree as documented by the school principal or school district superintendent.
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Section 4. Appropriation.
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(1) Subject to future budget constraints, there is appropriated, as an ongoing appropriation,
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$150,000 for fiscal year 2002-03 from the Uniform School Fund to the State Board of Education
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for the scholarship program described in Title 53A, Chapter 6, Part 7, Scholarships for Teachers
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in Necessarily Existent Small Schools or Small School Districts.
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(2) Of the amount appropriated in Subsection (1):
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(a) $75,000 shall be used for scholarships for teachers to obtain endorsements; and
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(b) $75,000 shall be used for scholarships for teachers to obtain master's degrees.
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Section 5. Effective date.
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This act takes effect on July 1, 2002.
Legislative Review Note
as of 1-16-02 8:47 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.