DAR File No. 37675

Professional Practices Advisory Commission, Administration

Rule R686-102

Drug Related Offenses

Notice of Proposed Rule

(Amendment)

DAR File No.: 37675
Filed: 05/31/2013 03:07:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to change the number of the rule and to update definitions and terminology to make Professional Practices Advisory Commission rules consistent.

Summary of the rule or change:

The number of this rule is changed from R686-102 to R686-105, a new definition is added and existing definitions revised, and terminology is changed throughout the rule.

State statutory or constitutional authorization for this rule:

• Subsection 53A-6-306(1)(a)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. Changes to the rule relate to numbering and terminology which do not result in a cost or savings.

local governments:

There is no anticipated cost or savings to local government. Changes to the rule relate to numbering and terminology which do not result in a cost or savings.

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. Changes to the rule relate to numbering and terminology which do not result in a cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Changes to the rule relate to numbering and terminology which do not result in 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.

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:

Professional Practices Advisory Commission
Administration
250 E 500 S
SALT LAKE CITY, UT 84111

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:

07/15/2013

This rule may become effective on:

07/22/2013

Authorized by:

Carol Lear, Director, School Law and Legislation

R686. Professional Practices Advisory Commission, Administration.

R686-10[2]5 . Drug Related Offenses.

R686-10[2]5-1. Definitions.

A. "Applicant" means an individual seeking a clearance of a criminal background check pursuant to approval for an education license at any stage of the licensing process from the USOE.

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

[E]C. "Conviction" means the final disposition of a judicial action for a drug related offense defined under 58-37 through 37e. It includes no contest pleas, pleas in abeyance, expunged convictions and drug related offenses that are plead down to lesser convictions.

[C]D. "Drug" means any controlled substance designated as such in Section 58-37-4.

[B]E. "Drug related offense" means any offense designated in Section 58-37 through 37e.

[D]F. "[Certificated]Licensed educator" means an individual issued a [certificate]teaching or administrative credential, including endorsements, issued by the [State] Board [of Education]to signify authoriz[ing]ation for the person holding the [certificate-holder]license [to work in the Utah]to provide professional services in the Utah's public school s[ system].

[A]G. "[Commission]Utah Professional Practices Advisory Commission (UPPAC)" means [the Professional Practices Advisory Commission]an advisory commission established to assist and advise the Board in matters relating to the professional practices of educators, as established under Section 53A-6-301.

 

R686-10[2]5-2. Authority and Purpose.

A. This rule is authorized by Section 53A-6-306(1)(a) which directs [the Commission]UPPAC to adopt rules to carry out its responsibilities under the law.

B. The purpose of this rule is to establish procedures for disciplining educators regarding drug related offenses.

 

R686-10[2]5-3. Action by [the Commission]UPPAC if a [Certificated]Licensed Educator Has Been Convicted of an Drug Related Offense.

A. If as a result of a background check, it is discovered that a [certificated]licensed educator has been convicted of a drug related offense in the previous ten years, the following minimum conditions shall apply:

(1) One conviction--a letter shall be sent to the educator informing the educator of the provisions of this rule;

(2) Two convictions--a letter shall be sent to the educator informing the educator of the provisions of this rule and requiring documentation of clinical treatment following the second conviction.

(a) If the most recent conviction was more than three years prior to the discovery of the conviction(s) and the educator provides documentation of clinical treatment, [the Commission]UPPAC shall send a letter of warning to the educator.

(b) If the most recent conviction was less than three years prior to the discovery of the conviction(s) and the educator provides documentation of clinical treatment, [the Commission]UPPAC shall send a letter of reprimand to the educator and a letter to the district with notice of treatment.

(c) If the most recent conviction was less than three years prior to the discovery of the conviction(s) and the educator provides no documentation of clinical treatment, [the Commission]UPPAC shall send a letter of reprimand to the educator and a copy of the letter of reprimand to the educator's employer and [the Commission]UPPAC may initiate an investigation of the educator based upon the drug offenses.

(3) Three convictions--a letter shall be sent to the educator informing the educator of the provisions of this rule and requiring documentation of clinical treatment following the third conviction.

(a) If the most recent conviction was more than five years prior to the discovery of the conviction(s) and the educator provides documentation of clinical treatment, [the Commission]UPPAC shall send a letter of warning to the educator.

(b) If the most recent conviction was less than three years prior to the discovery of the conviction(s) and the educator provides documentation of clinical treatment, [the Commission]UPPAC shall send a letter of reprimand to the educator and send a copy of the letter of reprimand to the educator's employer.

(c) If the most recent conviction was less than three years prior to the discovery of the conviction(s) and the educator provides no documentation of clinical treatment,[ the Commission] UPPAC shall recommend suspension of the educator's [certificate]license to the Board.

B. This rule does not preclude more serious or additional action by [the Commission]UPPAC against an educator for other related or unrelated offenses.

 

R686-10[2]5-4. [Commission]UPPAC Action Towards an Individual Who Does Not Hold [Certification]Licensing.

If as a result of a background check, it is discovered that an individual inquiring about [teacher certification]educator licensing, seeking information about [teacher certification]educator licensing, or placed in a public school for a variety of purposes has been convicted of an drug related offense within ten years of the date of the background check, the following minimum conditions shall apply:

A. One conviction--the individual shall be denied [approval of Commission]UPPAC clearance for a period of one year from the date of the arrest.

B. Two convictions--the individual shall be denied [approval of Commission]UPPAC clearance for a period of three years from the date of the most recent arrest and the applicant shall present documentation of clinical treatment before [Commission]UPPAC clearance shall be considered.

C. Three convictions--the individual shall be denied [approval of Commission]UPPAC clearance for a period of five years from the date of the most recent arrest. [The Commission]UPPAC shall require the applicant to present documentation of clinical treatment and may recommend denial of clearance.

 

R686-10[2]5-5. Previous Clearance.

If the applicant or [certificated]licensed educator presents documentation to [the Commission]UPPAC that recently discovered conviction(s) have previously been addressed by [the Commission]UPPAC, [the Commission]UPPAC need not reconsider the conviction(s) absent additional convictions of the applicant or [certificated]licensed educator.

 

KEY: [teachers]educators, disciplinary actions

Date of Enactment or Last Substantive Amendment: [August 15, 1998]2013

Notice of Continuation: May 16, 2013

Authorizing, and Implemented or Interpreted Law: 53A-6-306(1)(a)