DAR File No. 42993

Education, Administration

Rule R277-525

Special Educator Stipends

Notice of Proposed Rule

(Amendment)

DAR File No.: 42993
Filed: 06/14/2018 03:12:22 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is provide standards and procedures for distributing money appropriated for stipends for special educators for additional days of work. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Utah State Board of Education (Board) policies.

Summary of the rule or change:

These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies.

Statutory or constitutional authorization for this rule:

• Subsection 53F-2-310(2)
• Article X Section 3
• Subsection 53A-E-401(4)

Anticipated cost or savings to:

the state budget:

These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter the program.

local governments:

These rule changes are not expected to have any fiscal impact on local government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter the program for local education agencies (LEAs), but they do clarify that LEAs may only pay the stipend for actual days worked and may not transfer stipend work days among teachers.

small businesses:

These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule applies to stipends for special educators.

persons other than small businesses, businesses, or local governmental entities:

These rule changes are not expected to have any fiscal impact on other individuals' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule applies to stipends for special educators and does not affect other individuals.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). These rule changes apply to stipends for special educators and will not have a fiscal impact on large or small businesses because these stipends are funded with a state appropriation as detailed in Subsection 53F-2-310(2). The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

Sydnee Dickson, State Superintendent

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

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at [email protected]

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:

07/31/2018

This rule may become effective on:

08/07/2018

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are zero large businesses with a NAICS code 611110 (Elementary and Secondary Schools). There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which have fewer than 50 employees so qualify as small businesses. Thus, these rule changes are not expected to have any fiscal impact on large businesses' revenue or expenditures because there are no applicable large businesses and it does not require any expenditures of or generate any revenues for large businesses.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

R277-525. Special Educator Stipends.

R277-525-[2]1. Authority and Purpose.

[A.](1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision of public education in the Board[,];

(b) S ubsection 53[A-1]E-3-401[(3)](4), which [permits]allows the Board to [adopt rules in accordance with its responsibilities,]make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(c) Subsection 53[A-17a-158]F-2-310(2), which requires the Board to distribute money appropriated for stipends for special educators for additional days of work.

[B.](2) The purpose of this rule is provide standards and procedures for distributing money appropriated for stipends for special educators for additional days of work , recognizing:

([1]a) [in recognition of ]the added duties and responsibilities assumed by special educators to comply with federal law and Board special education rules regulating the education of students with disabilities; and

([2]b) the need to attract and retain qualified special educators.

 

R277-525-[1]2. Definitions.

[A.](1)(a) "After the school year" means two weeks after the final day of the required contract period, as determined by the employer.

(b) For year-round schools, "after the school year" [means]includes off-track periods, but not vacation periods.

[B.](2) "Before the school year" means two weeks before the first day of the required contract period, as determined by the employer.

[C. "Board" means the Utah State Board of Education.]

[D.](3) "Comprehensive Administration of Credentials for Teachers in Utah Schools " or "[(]CACTUS[)]" means the electronic file maintained on all licensed Utah educators[. The file], which includes information such as:

([1]a) personal directory information;

([2]b) educational background;

([3]c) endorsements;

([4]d) employment history; and

([5]e) a record of disciplinary action taken against the educator.

[E.](4)(a) "Duties related to the IEP process" means;

([1]i) duties/responsibilities provided in Subsection 53[A- 17a-156](4) F-2-310(4);

([2]ii) preparing paperwork related to the implementation of IDEA; and

([3]iii) other duties or responsibilities related to the IEP process, as determined by the special educator.

(b) "Duties related to the IEP process " do not include:

([1]i) professional development;

([2]ii) district level planning; and

([3]iii) direct student instruction.

[F. "Federal law regulating students with disabilities" means the Individual with Disabilities Education Act (IDEA), Title 1, Part A, Section 602.

G. "LEA" means a local education agency, including local school boards/public school districts and charter schools.]

[H.](5) "Special educator[,]" [for purposes of this rule,] means:

([1]a) a licensed "special education teacher[as defined under 53A-17a-158(c)]; " or

([2]b) a licensed speech-language pathologist[as defined under Section 53A-17a-158(c)].

[I.](6) "Special education teacher" [means an individual who has a Utah educator license with a special education area of concentration and whose primary assignment is the instruction of students with disabilities who are eligible for special education services]has the same meaning as described in Subsection 53F-2-310(1)(b).

[J.](7) "Speech-language pathologist" means :

(a) an individual who has a Utah educator license with a speech-language pathologist area of concentration; or

(b) a speech-language pathologist license; and

(c) whose primary assignment is the instruction of students with disabilities who are eligible for special education services.

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

[L.](8) "Work day for special educator" means the special educator's contract day as determined by the employer.[ Stipends shall only be paid for actual days worked. A teacher shall not be paid if days/hours are not actually worked. Days are not transferable among teachers.]

 

R277-525-3. LEA Responsibilities.

[A.](1) An LEA[s] shall contract with individual special educators[, defined under R277-525-1F,] and request in writing from the special educators:

([1]a) the number of days [(not to exceed 10 or the number of days established by the Board) ]that the special educator commits to work consistent with [R277-525-1G and H]Subsection 53F-2-310(4)(b); and

([2]b) [the time period (before the school year begins or after the school year ends) that the special educator commits to working the additional days]whether the special educator will work the additional contract days before the school year begins or after the school year ends.

[B.](2) A [Special educators]special educator hired by an LEA[s] after October 15 [shall]may receive funding for extra days to the extent of funds available.

[C.](3) An LEA[s] shall [maintain a record of]report to the Superintendent the number of days worked by a special educator[s] on [CACTUS]UPIPS as follows:

([1]a) no later than October 1 for a special educator[s] who worked before the school year began; and

([2]b) no later than June 30 for a special educator[s] who worked after the school year ended.

(4) An LEA may only pay special educator stipend under this rule for actual days worked.

(5) An LEA may not transfer stipend work days under this rule among teachers.

[D.](6) An LEA[s] shall submit a final report to the [USOE]Superintendent no later than June 30 annually that provides:

([1]a) the number of contract days worked by designated special educators; and

([2]b) other assessment or evaluation information requested [from the USOE]by the Superintendent.

 

R277-525-4. [Board/USOE]Superintendent Responsibilities.

[A.](1) The [Board]Superintendent shall annually review this program and [determine]recommend to the Board, based upon the annual appropriation, the number of special education days [that shall]to be funded.

[B.](2) To simplify accounting and evaluation requirements for LEAs, the [USOE]Superintendent shall:

([1]a) provide model tracking and accounting materials to LEAs;

([2]b) provide a checklist of appropriate duties or tasks for special educators consistent with Subsection R277-525-[1E]2(4);

([3]c) distribute funds to participating LEAs for eligible special educators on a semiannual basis; and

[(4) request and collect data based on the number of work days reported on CACTUS by October 1 and June 30 or both, as requested by the Board.]

 

KEY: special educators, stipends

Date of Enactment or Last Substantive Amendment: [January 8, 2014]2018

Notice of Continuation: June 10, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-17a-158