DAR File No. 37510

Education, Administration

Rule R277-508

Employment of Substitute Teachers

Notice of Proposed Rule

(Amendment)

DAR File No.: 37510
Filed: 04/10/2013 09:37:12 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to add a definition of LEA to make the rule consistent with other Board rules, to clarify the duration of a teaching assignment for a substitute teacher, and to add the requirement of a minimal background check for substitute teachers.

Summary of the rule or change:

The amendments to the rule add the definition of LEA and revise the rule to reflect the change throughout, clarify the duration of a teaching assignment for a substitute teacher by changing it from eight weeks to eight consecutive weeks, and add the requirement of a minimal background check for substitute teachers.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Subsection 53A-1-402(1)(a)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The changes to the rule are for clarification and consistency purposes.

local governments:

There is no anticipated cost or savings to local government. The changes to the rule are for clarification and consistency purposes.

small businesses:

There is no anticipated cost or savings to small businesses. This rule and the amendments apply to public education and do not affect businesses.

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

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The changes to the rule are for clarification and consistency purposes.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Although there is language for a background check, LEAs already require minimal background checks.

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.

Martell Menlove, 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:

05/31/2013

This rule may become effective on:

06/07/2013

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-508. Employment of Substitute Teachers.

R277-508-1. Definitions.

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

B. "Comprehensive Administration of Credentials for Teachers in Utah Schools (CACTUS)" means the electronic file maintained on all licensed Utah educators. The file includes such as:

(1) personal directory information;

(2) educational background;

(3) endorsements;

(4) employment history;

(5) professional development information; and

(6) a record of disciplinary action taken against the educator.

C. "LEA" mean a local education agency, including local school boards/public school districts, charter schools, and for purposes of this rule, the Utah Schools for the Deaf and the Blind.

[C]D. "License" means an authorization issued by the Board which permits the holder to serve in a professional capacity in the public schools.

[D]E. "Substitute teacher" means an individual employed to take the place of a regular teacher temporarily absent.

[E]F. "Temporarily absent" means a period not to exceed eight consecutive weeks.

 

R277-508-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution, Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-402(1)(a) which directs the Board to make rules regarding the qualifications of educators and ancillary personnel providing direct student services, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to establish eligibility requirements and employment procedures for substitute teachers.

 

R277-508-3. Duration of Teaching Assignment.

A. A substitute teacher may not serve in a teaching position for more than eight consecutive weeks in one academic year in either the same class or with the same group of students. Individuals serving in the same teaching position for longer than eight weeks shall hold an appropriate license or be replaced by a person with an appropriate license.

B. The State Superintendent of Public Instruction may grant exceptions to R277-508-3A, as appropriate, in special circumstances.

 

R277-508-4. Hiring Priorities and Eligibility.

A. The first priority in hiring substitute teachers shall be given to those who hold a valid license in the subject matter they will be teaching as a substitute. Second priority is to hire persons who have a valid license in a field commonly taught in public schools.

B. It is desirable that a substitute teacher hold a valid license or a college degree. An [district]LEA shall evaluate persons hired as substitutes to ensure that they are capable of managing a class and carrying out the instructional program.

C. Persons seeking employment as a substitute teacher shall furnish evidence as requested from the hiring [school district]LEA that they are physically and mentally fit to work.

D. [School districts]LEAs may not employ any individual as a substitute teacher whose license has been revoked or is currently suspended by the Board or whose license has been revoked or is currently suspended by another state. Individuals whose licenses have been reinstated may be considered for employment as substitute teachers.

 

R277-508-5. Employment Procedures.

A. [School districts]LEAs shall establish [a] polic[y]ies for hiring substitute teachers. [The]An LEA's policy shall include obtaining verification from CACTUS that an applicant's license has not been revoked or suspended.

B. An LEA shall require substitute teachers to have periodic criminal background checks consistent with an LEA's policy under R277-516 for employees that work directly with students.

[B]C. [School districts]LEAs shall have a policy to evaluate substitute teachers including a salary schedule to pay substitutes according to their training, experience, and competency.

[C]D. Regular teachers [are required to]shall have lesson plans immediately available for use by substitute teachers.

[D]E. A [S]student teacher[s] may substitute in classes consistent with the instructions and policies from the higher education institution which the student attends.

[E]F. Paraprofessionals and [A]aid[e]s may substitute in classes consistent with [school district]LEA or school polic[y]ies.

 

KEY: teachers, professional competency, school personnel

Date of Enactment or Last Substantive Amendment: [August 15, 2003]2013

Notice of Continuation: April 8, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1)(a); 53A-1-401(3)