Public Education Job Enhancement Program, Job Enhancement Committee

Rule R690-100

Public Education Job Enhancement Program Participant Eligibility and Requirements

Notice of Proposed Rule

(Amendment)

DAR File No.: 32986
Filed: 09/22/2009 10:29:09 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide changes in the operation of the Program determined necessary by the Public Education Job Enhancement Program (PEJEP) Committee as the Program has evolved. The changes are provided to make the rule consistent with state law relating to open and public meetings, to tighten time lines, and to restrict eligibility to Utah higher education institutions with provisions for occasional exceptions.

Summary of the rule or change:

This rule provides language to make it consistent with the Utah Open and Public Meetings Act, provides notice to school districts, charter schools and participants that eligible participants must be newly hired to receive opportunity awards, requires enrollment at the first possibility enrollment opportunity following the award, and limits Advancement Awards for use only at Utah public or private accredited higher education institutions with rare exceptions.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1a-602(5)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The state simply administers awards based on legislative appropriation.

local governments:

There are no anticipated costs or savings to local government. School districts and charter schools do not receive awards.

small businesses:

There are no anticipated costs or savings to small businesses. These awards are given within the public education system and there are no business costs.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. Participants understand the requirements when they apply for the awards; there should be no unexpected costs to participants.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Participants understand the requirements when they apply for the awards; there should be no unexpected costs to participants.

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

I have reviewed the rule and I see no fiscal impact on businesses.

John Sutherland, PEJEP Chair

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

Public Education Job Enhancement Program
Job Enhancement Committee
250 E 500 S
SALT LAKE CITY, UT 84414

Direct questions regarding this rule to:

• Clara Walters at the above address, by phone at 801-538-7616, by FAX at 801-538-7973, 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:

11/16/2009

This rule may become effective on:

11/23/2009

Authorized by:

John Sutherland, Chair, Job Enhancement Committee

R690. Public Education Job Enhancement Program, Job Enhancement Committee.

R690-100. Public Education Job Enhancement Program Participant Eligibility and Requirements.

R690-100-3. PEJEP Committee and Committee Expansion.

A. The PEJEP Committee identified in Section 53A-1a-602 may create subcommittees, including a PEJEP Executive Committee to increase the PEJEP Committee's effectiveness.

(1) The PEJEP Executive Committee shall be designated by the PEJEP Committee.

(2) All subcommittee recommendations shall be affirmed by the PEJEP Committee.

(3) Subcommittee membership and terms shall be determined by the PEJEP Committee.

B. The PEJEP Committee may add advisory committee members to inform the PEJEP Committee's decisions. Advisory committee members may meet regularly with the PEJEP Committee but may not vote or approve applicants for awards.

C.(1) The Committee may hold electronic meetings consistent with Section 52-4-207.

(2) Committee members may participate through electronic means if at least three Committee members are present at an established anchor location for the meeting.

(3) A quorum may be established that includes members participating electronically.

(4) Committee members participating through electronic means may officially vote on motions.

 

R690-100-4. Opportunity Awards.

A. Timelines for Opportunity Awards

(1) The PEJEP Committee shall provide to all public school district superintendents and charter schools, by May 14 of each year, teacher information forms and funds available for Opportunity Awards consistent with critical areas of educator need identified under R690-100-1C.

(2) Information forms for awards shall also be available from the USOE and on-line through the USOE website.

(3) Completed information forms for Opportunity Awards, including required documentation, shall be due to the USOE from applying school districts and charter schools by November 1 annually.

(4) Recipients of Opportunity Awards shall receive the cash award in two installments, with the first initial payment at the beginning of the four year teaching commitment and the second installment at the conclusion of four consecutive years of teaching.

(a) The recipient shall repay a portion of the initial payment if the recipient fails to complete two years of the consecutive four year teaching commitment unless waived for good cause by the PEJEP Committee, designated in Section 53A-1a-602; and

(b) The recipient shall not receive the second installment if the recipient fails to complete the consecutive four year teaching commitment.

(5) The USOE shall receive documentation annually by October 1 from recipients of Opportunity Awards documenting a full-time schedule as educators during the previous school year.

(6) If the recipient desires to decrease his teaching employment to less than full-time, teach less than 50 percent of the teacher's course load in the area of the award, or take a leave of absence at any time, the recipient shall submit a formal written request to the PEJEP Committee. The PEJEP Committee may grant or deny permission for the employment change within 30 days of the request; if permission is denied by the PEJEP Committee, provisions under 53A-1a-601(1)(c)(ii) shall apply immediately.

(7) The USOE shall be immediately notified by the Opportunity Award recipient if the recipient changes employers, leaves public education, or moves from the state; provisions of 53A-1a-601(1)(c)(ii) shall apply immediately if the recipient leaves public education or leaves the state.

(8) Opportunity Award recipients shall notify the USOE at the conclusion of the recipient's consecutive four year teaching commitment.

(9) The USOE shall make the final Opportunity Award payment in a timely manner upon notification by the recipient and documentation of full-time employment during the required four year period.

B. Award and Funding Requirements for Opportunity Awards

(1) To be eligible to receive an award under this rule, an educator shall:

(a) have signed an employment contract with a public school district or charter school;

(b) be recommended by secondary school principal, school district superintendent or designee or charter school director;

(c) be a fully licensed educator in Utah or enrolled in an alternative educator licensing program in:

(i) pre-K-12+ special education; or

(ii) a secondary education endorsement program (grades 7-12) in critical areas of educator need identified under R690-100-1C; and

(d) have taught under a letter of authorization for at least one year in the areas referred to under Section 53A-1a-601(1) and received a superior evaluation as a classroom teacher.

(2) Licensed teachers newly hired in a school district or charter school providing instruction to students in any public classroom setting shall be eligible for an Opportunity Award.

C. School district/charter school responsibilities:

(1) An employing school district/charter school shall notify the USOE if a recipient of an Opportunity Award ends school district employment.

(2) An employing school district/award recipient shall notify the USOE if an Opportunity Award recipient has his teaching assignment changed to less than 50 percent of his assignment in the area that qualified the teacher for the award.

(3) An employing school district shall notify the USOE of any other award or scholarship or special compensation that an award recipient is receiving, to the best of the employer's information, from another source.

 

R690-100-5. Advancement Awards.

A. Timelines for Advancement Awards

(1) Applications for Advancement Awards shall be available from the USOE and online through the USOE website.

(2) Educators may apply at any time throughout the year and may receive an award subject to funds available.

(3) Beginning in June 2008, upon receipt of the Advancement Award and each semester that recipient receives the Advancement Award, recipient shall provide documentation to the USOE that the recipient is enrolled in approved higher education course(s).

(4) Recipients have four years to complete course work for a master's degree, teaching endorsement, or approved graduate program.

(5) Upon completion of the master's degree, teaching endorsement, or approved graduate program, a recipient shall notify the USOE and provide an official higher education transcript or appropriate documentation.

(6) Recipients of the Advancement Awards shall notify the USOE immediately if they change public education employers, drop their class loads below 3 credit hours or move from the state.

(7) If the recipient interrupts employment for any reason, the recipient shall submit a formal written letter to the PEJEP Committee explaining the reason for the interruption and requesting a continuance of the contract.

B. Award and Funding Requirements for Advancement Awards

To be eligible to receive an award under this rule, an educator shall:

(1) be approved by the employing principal and the school district superintendent or designee or a charter school director and charter school board chair;

(2) be a fully licensed Utah educator or enrolled in a Utah alternative educator licensing program.

(3) agree to enroll in eligible schools or programs [within one year from the date of]at the first possible enrollment opportunity following the award;

(4) use the award only at a Utah public or private accredited higher education institution; exceptions may be made by the PEJEP Committee on a case by case basis for compelling circumstances;

([4]5) provide documentation to the PEJEP Committee of acceptance into an approved graduate program, including National Board Certification, leading to a master's degree or teaching endorsement in areas identified under R690-100-1C;

([5]6) not use the award to pay for course work in counseling or administration.

C. Additional Recipient Requirements for Advancement Awards; a recipient shall:

(1) complete the program within four years from the date of initial enrollment.

(2) complete endorsement classes in a timely manner as approved in the contract with the PEJEP Committee.

(3) successfully complete (2.0 average or better) all classes for which recipient is reimbursed.

(4) enroll and seek reimbursement only for courses leading directly to a master's degree, teaching endorsement, or approved graduate program, for which the award was made.

(5) show evidence of progress toward master's degree, teaching endorsement, or approved graduate program, every semester for which the award is used.

(6) commit to teach in Utah public schools in an area identified in 53A-1a-601(1) for a period of four consecutive school years following the completion of the endorsement or degree for which the award was made.

(7) notify the USOE if a recipient of an Advancement Award ends school district employment.

(8) notify the USOE if an Advancement Award recipient has his teaching assignment changed to less than 50 percent of his assignment in the area that qualified the teacher for the award.

(9) notify the USOE of any other award or scholarship or special compensation that an award recipient is receiving, to the best of the employer's information, from another source.

(10) be eligible for an Advancement Award if the recipient provides instruction to students in any public school setting, including secure facilities with education components under the control and supervision of the public school system.

D. Award Priorities for Advancement Awards

(1) Superintendent/principal recommendations

(2) Existing formal qualifications, evaluations, degrees, certificates, endorsements, licenses of educators in district/school.

(3) Applicants' discussions of career plans, educational objectives, and estimated time periods for completion of course work.

(4) Alignment of applicant career/educational objectives with intent and express purposes of Section 53A-1a-601.

 

KEY: scholarships, awards, educators

Date of Enactment or Last Substantive Amendment: [December 8, 2008 ] 2009

Authorizing, and Implemented or Interpreted Law: 53A-1a-602(5)