Education, Administration

Section R277-520-6

Eminence

Notice of Proposed Rule

(Amendment)

DAR File No.: 36074
Filed: 04/16/2012 08:59:38 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to allow for an extended eminence letter of authorization with adequate documentation in specific circumstances.

Summary of the rule or change:

The changes to Section R277-520-6 provide new and revised language providing for an extended eminence letter of authorization in specific circumstances.

State statutory or constitutional authorization for this rule:

• Subsection 53A-6-104(2)(a)
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The new and revised language provides for an extended eminence letter of authorization and updated terminology which do not result in a cost or savings.

local governments:

There are no anticipated costs or savings to local government. The new and revised language provides for an extended eminence letter of authorization and updated terminology which do not result in a cost or savings.

small businesses:

There are no anticipated costs or savings to small businesses. This rule and the amendments relate to public education and do not affect businesses.

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

There are no anticipated costs to persons other than small businesses, businesses, or local government entities. The new and revised language provides for an extended eminence letter of authorization and updated terminology which do not result in a cost. There may be savings for individuals who would, but for this rule, be required to complete higher education course work to become fully licensed educators. An extended letter of authorization allows an individual, even without a bachelors degree, to be considered a licensed educator.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The new and amended language provide for an extended eminence letter of authorization and updated terminology which result in no compliance costs.

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

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

Larry K. Shumway, State Superintendent

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

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

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

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:

05/31/2012

This rule may become effective on:

06/07/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-520. Appropriate Licensing and Assignment of Teachers.

R277-520-6. Eminence.

A. The purpose of an eminence authorization is to allow individuals with exceptional training or expertise, consistent with R277-520-1G, to teach or work in the public schools on a limited basis. Documentation of the exceptional training, skill(s) or expertise may be required by the USOE prior to the approval of the eminence authorization.

B. Teachers with an eminence authorization may teach no more than 37 percent of the regular instructional load except as provided in R277-520-6C.

[C. Teachers working under an eminence authorization shall never be considered highly qualified.

]C. In identified circumstances, teachers with an eminence authorization may teach more than 37 percent of the regular instructional load. An eminence authorization may be approved by the Board if:

(1) the LEA can find no other qualified individual to fill the position, then:

(a) the LEA shall submit the following documented information to the USOE annually:

(i) description;

(ii) recruitment efforts;

(iii) the qualifications of all applicants; and

(iv) the LEA's rationale for hiring the individual.

(b) the USOE shall review the information within 15 days of receipt.

(c) the USOE shall notify the individual and the LEA if the USOE approves the documented information.

(d) the LEA shall submit a request for a Letter of Authorization to the Board for the individual through normal administrative procedures; or

(2) An individual has exceptional skills, expertise, and experience that make him the primary candidate for the position, then:

(a) the LEA shall submit the following documented information to the USOE annually:

(i) information about the position;

(ii) the individual's expertise, and experience; and

(iii) the LEA's rationale for hiring the individual.

(b) the USOE shall review the information within 15 days of receipt.

(c) the USOE shall notify the individual and the LEA if the USOE approves the documented information.

(d) the LEA shall submit a request for a Letter of Authorization to the Board for the individual through normal administrative procedures.

D. [Local boards]LEAs shall require an individual teaching with an eminence authorization to have a criminal background check consistent with Section 53A-3-410(1) prior to employment by the [local board]LEA.

E. The [local board of education]LEA that employs the teacher with an eminence authorization shall determine the amount and type of professional development required of the teacher.

F. A n [local board of education]LEA that employs teachers with eminence authorizations shall apply for renewal of the authorization(s) annually.

G. Eminence authorizations may apply to individuals without teaching licenses or to unusual and infrequent teacher situations where a license-holder is needed to teach in a subject area for which he is not endorsed, but in which he may be eminently qualified.

 

KEY: educator, license, assignment

Date of Enactment or Last Substantive Amendment: [March 12, ]2012

Notice of Continuation: July 1, 2010

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-6-104(2)(a)