DAR File No. 38114

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:

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:

12/31/2013

This rule may become effective on:

01/07/2014

Authorized by:

Carol Lear, Director, School Law and Legislation

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