DAR File No. 38114
This rule was published in the December 1, 2013, issue (Vol. 2013, No. 23) of the Utah State Bulletin.
Education, Administration
Rule R277-525
Special Educator Stipends
Notice of Proposed Rule
(Amendment)
DAR File No.: 38114
Filed: 11/08/2013 11:04:06 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule is amended to reflect that some of the previously required local education agency (LEA) reported data are collected through the Comprehensive Administration of Credentials for Teachers in Utah Schools (CACTUS). A separate LEA submitted report will no longer be required; specific LEA reporting provisions are no longer required; new definitions are added; and changes to terminology are provided throughout the rule for consistency with other rules.
Summary of the rule or change:
New definitions are provided and specific LEA reporting requirements have been changed or eliminated.
State statutory or constitutional authorization for this rule:
- Subsection 53A-1-401(3)
Anticipated cost or savings to:
the state budget:
There is no anticipated cost or savings to the state budget. Reporting requirements are simplified which do not result in a financial impact.
local governments:
There is no anticipated cost or savings to local government. Reporting requirements are simplified which do not result in a financial impact.
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. Reporting requirements are simplified which do not result in a financial impact.
Compliance costs for affected persons:
There are no compliance costs for affected persons. Reporting requirements are simplified and there are no 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:
EducationAdministration
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 [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:
12/31/2013
This rule may become effective on:
01/07/2014
Authorized by:
Carol Lear, Director, School Law and Legislation
RULE TEXT
R277. Education, Administration.
R277-525. Special Educator Stipends.
R277-525-1. Definitions.
A. "After the school year" means two weeks after the final day of the required contract period, as determined by the employer. For year-round schools, "after the school year" means off-track periods, but not vacation periods.
B. "Before the school year" means two weeks before the first day of the required contract period, as determined by the employer.
C. "Board" means the Utah State Board of Education.
D. "Comprehensive Administration of Credentials for Teachers in Utah Schools (CACTUS)" means the electronic file maintained on all licensed Utah educators. The file includes information such as:
(1) personal directory information;
(2) educational background;
(3) endorsements;
(4) employment history; and
(5) a record of disciplinary action taken against the educator.
[D]E. "Duties related to the IEP process" means;
(1) duties/responsibilities provided in 53A- 17a-156(4);
(2) preparing paperwork related to the implementation of IDEA; and
(3) other duties or responsibilities related to the IEP process, as determined by the special educator.
Duties related to the IEP process do not include:
(1) professional development;
(2) district level planning; and
(3) direct student instruction.
[E]F. "Federal law regulating students with
disabilities" means the Individual with Disabilities Education
Act (IDEA), Title 1, Part A, Section 602.
G. "LEA" means a local education agency, including local school boards/public school districts and charter schools.
[F]H. "Special educator," for purposes of this rule,
means:
(1) a licensed special education teacher as defined under 53A-17a-158(c); or
(2) a licensed speech-language pathologist as defined under Section 53A-17a-158(c).
[G]I. "Special education teacher" means an individual
who has a Utah educator license with a special education area of
concentration and whose primary assignment is the instruction of
students with disabilities who are eligible for special education
services.
[H]J. "Speech-language pathologist" means an
individual who has a Utah educator license with a speech-language
pathologist area of concentration or a speech-language pathologist
license and whose primary assignment is the instruction of students
with disabilities who are eligible for special education
services.
[I]K. "USOE" means the Utah State Office of
Education.
[J]L. "Work day for special educator" means the
special educator's contract day as determined by the employer.
Stipends shall only be paid for actual days worked. A teacher shall
not be paid if days/hours are not actually worked. Days are not
transferable among teachers.
R277-525-2. 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-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities, and Section 53A-17a-158 which requires the Board to distribute money appropriated for stipends for special educators for additional days of work.
B. The purpose of this rule is provide standards and procedures for distributing money appropriated for stipends for special educators for additional days of work:
(1) in recognition of the added duties and responsibilities assumed by special educators to comply with federal law regulating the education of students with disabilities; and
(2) the need to attract and retain qualified special educators.
R277-525-3. [School District/Charter School]LEA
Responsibilities.
A. [School districts and charter schools]LEAs shall contract with individual special educators,
defined under R277-525-1F, and request in writing from the special
educators:
(1) the number of days (not to exceed 10 or the number of days established by the Board) that the special educator commits to work consistent with R277-525-1G and H; and
(2) the time period (before the school year begins or after the school year ends) that the special educator commits to working the additional days.
B. Special educators hired by [school districts/charter schools]LEAs after October 15 shall receive funding for extra days
to the extent of funds available.
C. [School districts/charter schools]LEAs shall [submit an invoice to the USOE twice within a fiscal year
(July 1 to June 30) for reimbursement for additional contract
days]maintain a record of the number of days worked by special
educators
on CACTUS as follows:
(1) no later than October 1 for special educators who worked before the school year began; and
(2) no later than June 30 for special educators who worked after the school year ended.
D. [School districts/charter schools]LEAs shall submit a final report to the USOE no later than
June 30 annually that provides:
(1) the number of contract days worked by designated special educators; and
(2) [data and information compiled about hours, duties and
responsibilities completed by special educators during additional
days on a tracking and accounting form provided by the USOE or
using another form acceptable to the USOE; and
(3)] other assessment or evaluation information
requested from the USOE.
R277-525-4. Board/USOE Responsibilities.
A. The Board shall annually review this program and determine, based upon the annual appropriation, the number of special education days that shall be funded.
B. To simplify accounting and evaluation
requirements for [school districts and charter schools]LEAs, the USOE shall:
(1) provide model tracking and accounting
materials to[ school districts and charter schools]
LEAs[
before June 1, 2008.];
(2) provide a checklist of appropriate
duties or tasks for special educators consistent with R277-525-1[D]E[.];
(3) distribute funds to participating [school districts and charter schools]LEAs for eligible special educators on a semiannual basis[.]; and
(4) request and collect data [regarding use of days for appropriate accountability and
evaluation]based on the number of work days reported on CACTUS by October 1
and June 30 or both, as requested by the Board.
KEY: special educators, stipends
Date of Enactment or Last Substantive Amendment: [July 8, 2008]2014
Notice of Continuation: June 10, 2013
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-17a-158
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2013/b20131201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [email protected].