DAR File No. 39289

This rule was published in the May 1, 2015, issue (Vol. 2015, No. 9) of the Utah State Bulletin.


Education, Administration

Section R277-516-3

Licensed Public Education Employee Personal Reporting of Arrests

Notice of Proposed Rule

(Amendment)

DAR File No.: 39289
Filed: 04/15/2015 03:27:59 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R277-516-3 is amended to provide expanded requirements and broaden the list of specified offenses for licensed educator self-reporting.

Summary of the rule or change:

The amendments to Section R277-516-3 provide expanded requirements and broaden the list of specified offenses for licensed educator self-reporting.

State statutory or constitutional authorization for this rule:

  • Subsections 53A-1-402(1)(a)(i) and (iii)
  • Subsection 53A-1-301(3)(a)

Anticipated cost or savings to:

the state budget:

Providing expanded requirements and additional specified offenses for licensed educator self-reporting will likely not result in a cost or savings to the state budget.

local governments:

Providing expanded requirements and additional specified offenses for licensed educator self-reporting will likely not result in a cost or savings to local government.

small businesses:

Providing expanded requirements and additional specified offenses for licensed educator self-reporting will likely not result in a cost or savings to small businesses.

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

Providing expanded requirements and additional specified offenses for licensed educator self-reporting will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Providing expanded requirements and additional specified offenses for licensed educator self-reporting will likely not result in any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Brad C. Smith, 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:

  • Angela Stallings at the above address, by phone at 801-538-7656, 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:

06/01/2015

This rule may become effective on:

06/08/2015

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-516. Education Employee Required Reports of Arrests and Required Background Check Policies for Non-licensed Employees.

R277-516-3. Licensed Public Education Employee Personal Reporting of Arrests.

A. A licensed educator who is arrested, cited or charged [for]with the following alleged offenses shall report the arrest, citation, or charge within 48 hours or as soon as possible to the licensed educator's district superintendent, charter school director or designee:

(1) any matters involving [arrests for]an alleged sex offense[s];

(2) any matters involving [arrests for]an alleged drug-related offense[s];

(3) any matters involving [arrests for]an alleged alcohol-related offense[s];[and]

(4) any matters involving [arrests for]an alleged offense[s] against the person under Title 76, Chapter 5, Offenses Against the Person[.];

(5) any matters involving an alleged felony offense under Title 76, Chapter 6, Offenses Against Property;

(6) any matters involving an alleged crime of domestic violence under Title 77, Chapter 36, Cohabitant Abuse Procedures Act; and

(7) any matters involving an alleged crime under federal law or the laws of another state comparable to the violations listed in R277-516-3A(1)-(6).

B. A licensed educator shall report convictions, including pleas in abeyance and diversion agreements within 48 hours or as soon as possible upon receipt of notice of the conviction, plea in abeyance or diversion agreement.

C. The district superintendent, charter school director or designee shall report conviction, arrest or offense information received from licensed educators to the USOE within 48 hours of receipt of information from licensed educators. The USOE shall develop an electronic reporting process on the USOE website.

D. The licensed educator shall report for work following the arrest and notice to the employer unless directed not to report for work by the employer, consistent with school district or charter school policy.

 

KEY: school employees, self reporting

Date of Enactment or Last Substantive Amendments: [December 8, 2009]2015

Notice of Continuation: June 10, 2014

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-301(3)(a); 53A-1-301(3)(d)(x); 53A-1-402(1)(a)(i); 53A-1-402(1)(a)(iii)

 


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/2015/b20150501.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.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at [email protected].  For questions about the rulemaking process, please contact the Division of Administrative Rules.