DAR File No. 39290

Education, Administration

Section R277-517-5

Board Disciplinary Actions

Notice of Proposed Rule

(Amendment)

DAR File No.: 39290
Filed: 04/15/2015 03:28:21 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R277-517-5 is amended to provide updated language for Utah State Board of Education (Board) action against an educator.

Summary of the rule or change:

The amendments provide language for Board action, which may include revocation or suspension, against an educator's license for failure to respond to a complaint and failure to appear for a disciplinary hearing.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-402(1)(a)
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

The changes to Section R277-517-5 are procedural and will likely not result in a cost or savings to the state budget.

local governments:

The changes to Section R277-517-5 are procedural and will likely not result in a cost or savings to local government.

small businesses:

The changes to Section R277-517-5 are procedural and will likely not result in a cost or savings to small businesses.

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

The changes to Section R277-517-5 are procedural and 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:

The changes to Section R277-517-5 are procedural and 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 angie.stallings@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:

06/01/2015

This rule may become effective on:

06/08/2015

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

R277. Education, Administration.

R277-517. Board and UPPAC Disciplinary Definitions and Actions.

R277-517-5. Board Disciplinary Actions.

A. Board disciplinary actions:

(1) The Board may suspend an educator's license consistent with R277-517-1G:

(a) A suspension may be recommended by a Stipulated Agreement negotiated between UPPAC and an educator; or

(b) A suspension may be recommended following an administrative hearing under the provisions of R686-100;

(c) A suspension may include specific conditions which shall be satisfied by the educator prior to requesting a reinstatement hearing from UPPAC under R686-100;

[(d) If a complaint is filed against an educator and the educator fails to respond to the complaint, the Board may suspend the educator's license. This action may be taken only if UPPAC has documentation of attempts to contact the educator, consistent with 686-100.

]([e]d) A suspension shall provide a minimum time period after which the educator may request a reinstatement hearing from UPPAC.

(2) The Board may revoke an educator's license:

(a) A revocation is permanent, except as provided under R277-517-5A(2)(c) below;

(b) A revocation is required under Section 53A-6-405(2);

(c) An individual whose license has been revoked may seek reinstatement of his license only in the following limited circumstances:

(i) the individual provides evidence of mistake or false information that was critical to the revocation action;

(ii) the individual identifies material procedural UPPAC or Board error in the revocation process.

(3) If a complaint is filed against an educator and the educator fails to respond to the complaint or fails to appear for a hearing before the Board or UPPAC, the Board may revoke or suspend the educator's license. This action may be taken only if UPPAC has documentation of attempts to contact the educator, consistent with R686-100.

([3]4) The Board may reinstate an educator's license:

(a) An educator may request a reinstatement hearing following a license suspension. The reinstatement request shall be made consistent with R686-100.

(b) An educator has a reasonable expectation of a reinstatement hearing, consistent with due process and reinstatement hearing conditions set by UPPAC, but no expectation of license reinstatement by the Board.

(c) An educator whose license has been suspended and the reinstatement denied by the Board may request an additional reinstatement hearing once every 24 months unless otherwise directed by the Board.

(d) An educator requesting a reinstatement hearing shall have a criminal background check, that was conducted not more than six months prior to the requested hearing, on file with the USOE. The background check and review of any offenses must be completed prior to reinstatement.

(e) Prior to sending a reinstatement recommendation to the Board for its consideration, UPPAC shall provide evidence to the Board of its consideration of Board-identified criteria central to the Board's authority to reinstate an educator's license.

D. The Board has sole discretion in final administrative decisions.

E. The Board shall send written notice to an educator of Board action no more than 30 days following the Board's final action.

F. The Board shall send written notice of an educator's license suspension or revocation to an educator's former employer if the employer was a public or private school.

 

KEY: educator, professional, standards

Date of Enactment or Last Substantive Amendments: [February 21, 2013]2015

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1)(a); 53A-6; 53A-1-401(3)