H. Department head comments on fiscal impact and approval of regulatory impact analysis:
The State Superintendent of the Utah State Board of Education, Molly Hart, has reviewed and approved this regulatory impact analysis.
Citation Information
7. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Utah Constitution, Article X, Section 3
Subsection 53E-6-201(2)(a)
Public Notice Information
9. The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
10. This rule change MAY become effective on:
NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.
Agency Authorization Information
Agency head or
designee and title:
Elisse Newey, Deputy Superintendent of
Policy
R277. Education, Administration.
R277-309. Appropriate Licensing and Assignment of Teachers.
R277-309-1. Authority and Purpose.
(1) This rule is authorized by:
(a) Utah Constitution Article X, Section 3. which vests general control and supervision over public education in the Board;
(b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and
(c) Subsection 53E-6-201(2)(a), which authorizes the Board to rank, endorse, or classify licenses.
(2) The purpose of this rule is to provide criteria for:
(a) local school boards to employ educators in appropriate assignments;
(b) the Board to provide state funding to local school boards for appropriately qualified and assigned staff; and
(c) the Board and local school boards to satisfy the requirements of ESEA for local school boards to receive federal funds.
R277-309-2. Definitions.
(1) "Co-teaching" means the instructional arrangement in which a general education teacher and a special education teacher deliver core instruction along with specialized instruction, as needed, to a diverse group of students in a single instructional space or class.
(2) "Content specialist" means a licensed educator who provides instruction or specialized support for students and teachers in a school setting.
(3) "Educator license" means an associate, professional, or LEA-specific license issued by the Superintendent under Rule R277-301.
(4) "Elementary setting" means an instructional model where students typically have a single class with a single teacher primarily responsible for instruction in all core standards established in Rule R277-700.
(5) "License areas of concentration" has the same meaning as described in Section R277-301-2, including elementary education, secondary education, special education, and career and technical education.
(6) "License endorsement" or "endorsement" has the same meaning as described in Section R277-301-2, including special education mild[/] or moderate, special education severe disabilities, mathematics, English language arts, and dance. (7) "Secondary setting" means an instructional model where students typically rotate among classes taught by multiple teachers that are considered subject matter experts, primarily responsible for instruction in the core standards in an area as established by the Board in Rule R277-700.
R277-309-3. Required Licensing.
(1) All teachers in public schools shall hold a current educator license along with appropriate license areas of concentration and endorsements that is not suspended or revoked by the Board under Section 53E-6-604.
(2) An LEA shall receive assistance from the Superintendent to the extent of resources available to have all teachers hold a professional license, license area, and endorsement in all areas in which the teacher is assigned.
(3) An LEA shall only hire a teacher who:
(a) holds a current educator license; or
(b)(i) submitted an application for licensure to the Superintendent; and 
