DAR File No. 37998

Education, Administration

Rule R277-106

Utah Professional Practices Advisory Commission Appointment Process

Notice of Proposed Rule

(Amendment)

DAR File No.: 37998
Filed: 09/16/2013 10:33:16 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide updated language and terminology to make it consistent with other rules.

Summary of the rule or change:

Language and terminology is updated throughout the rule.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Subsection 53A-6-303(1)(a)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The language and terminology changes do not result in costs or savings.

local governments:

There is no anticipated cost or savings to local government. The language and terminology changes 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 to the rule 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 governmental entities. The language and terminology changes do not result in a cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The language and terminology changes do not create compliance requirements.

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:

10/31/2013

This rule may become effective on:

11/07/2013

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-106. Utah Professional Practices Advisory Commission Appointment Process.

R277-106-1. Definitions.

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

B. "Nomination application" means:

(1) written and signed statement by the [S]superintendent of the school district or charter school director in which the educator is currently employed, that the [S]superintendent/director understands the time commitment of UPPAC members and supports the educator in applying for one three-year term as identified in statute. If the applicant is a school district superintendent or charter school director, the chair of the local/charter school board shall provide a statement of support for the educator;

(2) written and signed statement by the educator's building principal or director that the principal/director understands the time commitment of UPPAC members and supports the educator in applying for one three-year term. If the applicant is a principal, the applicant shall include a statement of understanding of the time commitment in the personal statement provided by the applicant;

(3) written and signed personal statement by the applicant expressing the applicant's desire to serve as a UPPAC member, a summary of the applicant's professional experience, including associations and professional affiliations; and

(4) the applicant's vita.

C. "Superintendent" means the State Superintendent of Public Instruction.

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

 

R277-106-2. Authority and Purpose.

A. This rule is adopted pursuant to Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-6-303(1)(a) which directs the Board to adopt rules establishing procedures for nominating and appointing [Commission]UPPAC members, 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 nomination and appointment procedures for UPPAC members.

 

R277-106-3. UPPAC Notification, Nomination and Application Process.

A. The UPPAC Executive Secretary shall notify school districts, charter schools and education organizations in writing of openings on UPPAC for the upcoming term by May 15 of the year in which [the Commission]UPPAC vacancies shall be filled by appointment by the Superintendent.

B. As provided under Section 53A-6-303(1)(b), nomination petitions shall be filed with the Superintendent.

 

R277-106-4. UPPAC Selection Process.

A. The UPPAC Executive Secretary shall review all complete and properly filed applications and may make recommendation(s), per direction from the Superintendent, to the Superintendent prior to May 30 of the year in which membership on [the Commission]UPPAC is sought.

(1) The Executive Secretary may seek additional information to provide to the Superintendent about the experience and qualification of UPPAC applicants.

(2) Recommendations shall maintain a representative balance of six teachers and three other educators.

(3) Recommendations shall[ give] consider[ation to] rural/urban, elementary/secondary, gender, ethnic, and geographical balance of [Commission]UPPAC members.

B. The Superintendent shall make [Commission]UPPAC appointments [prior to June 1 of the year in which Commission members shall begin serving]consistent with Section 53A-6-303.

C. Community members

(1) Community [M]members [shall]may be nominated by the state organization or a local chapter of the education organization with the largest membership of parents of students and teachers in the state.

(2) Community members who are members of a parent/teacher, parent/teacher/student organization may submit their names to the education organization described in Section 53A-6-302(1) for nomination by the organization.

([2]3) The two community members shall not serve concurrent terms.

D. If current [Commission]UPPAC members desire to serve for a second term, the member shall indicate the desire to serve an additional term in writing to the Superintendent prior to May 15 of the year in which the member's term expires.

E. The applications(s) of (a) [Commission]UPPAC member(s) seeking reappointment shall be considered for recommendation at the same time that new appointments are considered.

F. The Executive Secretary may retain applications for consideration for mid-term vacancies or for vacancies in subsequent years.

 

R277-106-5. Filling of Vacancies.

A. The UPPAC Executive Secretary shall recommend names to the Superintendent to fill vacancies that occur midyear.

B. The UPPAC Executive Secretary may recommend names of previous applicants for [Commission]UPPAC vacancies or names from school districts or charter schools or other groups or areas of the state that are under represented to fill vacancies.

 

KEY: professional competency, professional practices

Date of Enactment or Last Substantive Amendment: [December 8, 2011]2013

Notice of Continuation: September 9, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-6-303(1)(a); 53A-1-401(3)