DAR File No. 41092

Education, Administration

Rule R277-526

Paraeducator to Teacher Scholarship Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 41092
Filed: 12/14/2016 03:01:25 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-526 is amended to provide changes that clarify Utah State Board of Education (Board) involvement in the scholarship committee and provide additional criteria to determine funding for applicants. Changes have also been made in accordance with the Rulewriting Style Manual.

Summary of the rule or change:

The changes to Rule R277-526 provide revised definitions, clarification of Board involvement in the scholarship committee, and add additional criteria for determining funding for applicants. Technical and conforming changes are also provided throughout the rule.

Statutory or constitutional authorization for this rule:

• Art X, Sec 3
• Subsection 53A-6-802(8)
• Section 53A-1-401

Anticipated cost or savings to:

the state budget:

The amendments to Rule R277-526 are procedural and for clarification purposes, which likely will not result in a cost or savings to the state budget.

local governments:

The amendments to Rule R277-526 are procedural and for clarification purposes, which likely will not result in a cost or savings to local government.

small businesses:

The amendments to Rule R277-526 are procedural and for clarification purposes, which likely will not result in a cost or savings to small businesses.

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

The amendments to Rule R277-526 are procedural and for clarification purposes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The amendments to Rule R277-526 are procedural and for clarification purposes, which likely will not result in any compliance costs for affected persons.

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

To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule.

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 801-538-7656, 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:

01/31/2017

This rule may become effective on:

02/07/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

R277. Education, Administration.

R277-526. Paraeducator to Teacher Scholarship Program.

R277-526-[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) Section 53A-1-401[(3)], which permits 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 53A-6-802(8), which requires the Board to make rules to administer the Paraeducator to Teacher Scholarship Program.

[B.](2) The purpose of this rule is to:

(a) distribute funds to paraeducators seeking to become licensed educators; and

(b) [to ]establish application and accountability procedures to provide funding to prospective educators directly and fairly.

 

R277-526-[1]2. Definitions.

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

[B.](1) "LEA" [means a local education agency, including local school boards/public school districts, charter schools, and]includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

[C.](2) "Paraeducator"[for purposes of this rule means a school employee who:

(1) delivers instruction under the direct supervision of a teacher; and

(2) works in an area where there is a shortage of qualified teachers, such as special education, Title I, English as a Second Language, reading remediation, math, or science.] means the same as that term is defined in Section 53A-6-801.

[D.](3) "Paraeducator Scholarship Selection Committee " or [(C]"committee[)]" means the committee established by the Board to select scholarship recipients as required by Subsection 53A-6-802(4).

[E.](4) "Scholarship" [for purposes of this rule ]means funds [provided by the Board ]paid directly to a Utah institution of higher education on behalf of [the]a paraeducator [to pay only for the actual and documented costs for tuition toward an associate's or a bachelor's degree program to become a licensed teacher.]in accordance with Section 53A-6-802.

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

 

R277-526-3. Scholarship Amounts and Requirements.

[A.](1) A paraeducator shall use a stipend awarded under this rule [shall be used ]solely [and completely ]for expenses approved by Section 53A-6-802 and this rule annually between July 1 and the following June 30.

[B.](2) A scholarship recipient shall remain continuously employed[, consistent with the employment agreement and]by an LEA in accordance with Subsection 53A-6-802(7).

[C.](3) A scholarship recipient shall provide documentation of progress toward graduation, as requested by the scholarship recipient's employer or the Board.

[D.](4) A scholarship recipient who does not remain employed for the duration of the scholarship period or who does not satisfactorily complete funded courses [may]shall be responsible to reimburse the Board for the amount of scholarship funding.

[E. The Committee shall determine funding for applicants from applications received from LEAs after considering the number of applications received and the amount of funding available.

F. The Committee may develop and consider selection criteria including:

(1) support from the recommending LEA; and

(2) geographical distribution of recipients.]

 

R277-526-4. Applicant Scholarships Recipient and LEA Responsibilities.

[A.](1) An LEA shall employ a [S]scholarship recipient[s shall be employed] for a minimum of 10 hours per week [by a public LEA ]at the time of application for the [Paraeducator S]scholarship and during any year in which the paraeducator receives the scholarship.

[B.](2) A [S]scholarship applicant[s] shall submit a completed application[s] found on the [USOE ]Board website to the[ir employers] applicant's LEA.

[C.](3) An [A]applicant[s] shall provide university transcripts and information about tuition expenses [only ]on the [completed ]application based on the most recent information available from the Utah institution of higher education to which the applicant has either been admitted or made application.

[D.](4) An LEA[s] shall submit all applications to the [USOE]Superintendent on or before May 15 annually.

[E.](5) A [S]scholarship recipient[s] and the LEA[s] whose employee[s] receives funding under this program shall cooperate on any assessment required by the Board.

 

R277-526-5. State Board of Education Staff/Committee Responsibilities.

[A. The Board shall establish a Paraeducator Scholarship Selection Committee and working procedures for the Committee consistent with 53A 6-802(4) by May 15, 2008.]

[B.](1) The [C]committee shall consist of:

([1]a) one representative of the Board [member ]designated by the Board;

([2]b) one representative of the Board of Regents designated by the Board of Regents;

([3]c) one representative of the largest parent/teacher association in the state;

([4]d) no more than two additional representatives of the general public designated by the Board[consistent with Section 53A-6-802(4)].

[C.](2) The [C]committee shall receive completed applications from LEAs consistent with R277-526-4.

(3) The committee shall determine funding for applicants from applications received from LEAs after considering the number of applications received and the amount of funding available.

(4) The committee may develop and consider additional selection criteria including:

(a) support from the recommending LEA; and

(b) geographical distribution of recipients.

[D.](5) The [C]committee shall provide names of scholarship recipients to the Board for review and comment by August 1, annually.

[E.](6) The [C]committee or the Board may require a summary assessment of the increased number of paraeducators who become educators and other program results from participating scholarship recipients and LEAs.

 

KEY: paraeducators, scholarships

Date of Enactment or Last Substantive Amendment: [April 7, 2014]2017

Notice of Continuation: August 2, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401[(3)]; 53A-6-802(8)