DAR File No. 39590
This rule was published in the September 1, 2015, issue (Vol. 2015, No. 17) of the Utah State Bulletin.
Education, Administration
Rule R277-205
Alcohol Related Offenses
Notice of Proposed Rule
(Amendment)
DAR File No.: 39590
Filed: 08/13/2015 01:47:53 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The is rule amended to provide technical and conforming changes.
Summary of the rule or change:
Technical and conforming changes are made to the rule.
State statutory or constitutional authorization for this rule:
- Article X, Section 3
- Section 53A-6-306
- Subsection 53A-1-401(3)
Anticipated cost or savings to:
the state budget:
Technical and conforming changes will likely not result in a cost or savings to the state budget.
local governments:
Technical and conforming changes will likely not result in a cost or savings to local government.
small businesses:
Technical and conforming changes will likely not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
Technical and conforming changes 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:
Technical and conforming changes 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 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:
EducationAdministration
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Benjamin Rasmussen at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at benjamin.rasmussen@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:
10/01/2015
This rule may become effective on:
10/08/2015
Authorized by:
Benjamin Rasmussen, UPPAC Director and Special Counsel
RULE TEXT
R277. Education, Administration.
R277-205. Alcohol Related Offenses.
R277-205-1. Authority and Purpose.
[A.](1) This rule is authorized [under]by:
(a) Utah Constitution Article X, Section 3
, which vests general control and supervision over public
education in the Board[,];
(b) [by ]Section 53A-6-306
, which directs the Board to adopt rules regarding UPPAC
duties and procedures[,]; and
(c) [by ]Subsection 53A-1-401(3)
, which allows the Board to adopt rules in accordance with
its responsibilities.
[B.](2) The purpose of this rule is to establish procedures for
disciplining educators regarding alcohol related offenses.
[C.](3) The standards and procedures of the Utah Administrative
Procedures Act do not apply to this rule under the exemption of Subsection 63G-4-102(2)(d).
R277-205-2. Action by the Board if a Licensed Educator Has Been Convicted of an Alcohol Related Offense.
[A.](1)(a) If as a result of a background check, it is
discovered that a licensed educator has been convicted of an
alcohol related offense in the previous five years, UPPAC shall
adhere to the[following] minimum conditions
described in this Subsection (1).[:]
([1]b) One conviction--a letter shall be sent to the educator
informing the educator of the provisions of this rule[;].
([2]c) Two convictions--a letter shall be sent to the educator
informing the educator of the provisions of this rule and requiring
documentation of clinical assessment and recommended treatment
following the second conviction[;].
([3]d) If the most recent conviction was more than three years
prior to the discovery of the conviction(s) and the educator
provides documentation of clinical assessment and recommended
treatment, UPPAC shall recommend that the Board send a letter of
warning to the educator[;].
([4]e) If the most recent conviction was less than three years
prior to the discovery of the conviction(s) and the educator
provides documentation of clinical assessment and recommended
treatment, UPPAC shall recommend that the Board send a letter of
reprimand to the educator and a letter to the district, if
employed[;].
([5]f) If the most recent conviction was less than three years
prior to the discovery of the conviction(s) and the educator
provides no documentation of clinical assessment and recommended
treatment, UPPAC or the Board may initiate an investigation of the
educator based upon the alcohol offenses[;].
([6]g) Three convictions--a letter shall be sent to the educator
informing the educator of the provisions of this rule and requiring
documentation of clinical assessment and recommended treatment
following the third conviction[;].
([7]h) If the most recent conviction was more than three years
prior to the discovery of the conviction(s) and the educator
provides documentation of clinical assessment and recommended
treatment, UPPAC shall recommend that the Board send a letter of
warning to the educator[;].
([8]i) If the most recent conviction was less than three years
prior to the discovery of the conviction(s) and the educator
provides documentation of clinical assessment and recommended
treatment, UPPAC shall recommend that the Board send a letter of
reprimand to the educator and send a copy of the letter of
reprimand to the educator's employer[; and].
([9]j) If the most recent conviction was less than three years
prior to the discovery of the conviction(s) and the educator
provides no documentation of clinical assessment and recommended
treatment, UPPAC shall recommend suspension of the educator's
license to the Board, subject to the educator's right to a
hearing under
Rule R277-202.
[B.](2) This rule does not preclude more serious or additional
action by the Board against an educator for other related or
unrelated offenses.
R277-205-3. Board Action Toward Individuals Who Do Not Hold Licensing.
(1) If as a result of a background check, it is discovered
that an individual inquiring about educator licensing, seeking
information about educator licensing, or placed in a public school
for any purpose requiring a background check, has been convicted of
an alcohol related offense within five years of the date of the
background check, the[following] minimum conditions
described in this section shall apply[:].
[A.](2) [o]One conviction--the individual shall be denied Board
clearance for a period of one year from the date of the arrest[;].
[B.](3) [t]Two convictions--the individual shall be denied Board
clearance for a period of two years from the date of the most
recent arrest and the applicant shall present documentation of
clinical assessment and recommended treatment before Board
clearance shall be considered[; and].
[C.](4) [t]Three convictions-the Board may require the applicant to
present documentation of clinical assessment and recommended
treatment and may deny clearance.
KEY: educators, disciplinary actions, alcohol, background checks
Date of Enactment or Last Substantive Amendment: [
July 8,
]2015
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-6-306; 53A-1-401(3)
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/b20150901.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 Benjamin Rasmussen at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at benjamin.rasmussen@schools.utah.gov. For questions about the rulemaking process, please contact the Division of Administrative Rules.