DAR File No. 40331
This rule was published in the May 1, 2016, issue (Vol. 2016, No. 9) of the Utah State Bulletin.
Education, Administration
Rule R277-206
Drug Related Offenses
Notice of Proposed Rule
(Repeal)
DAR File No.: 40331
Filed: 04/15/2016 06:06:58 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
Rule R277-206 is repealed based upon a court ruling which concluded that the Utah State Board of Education had not followed proper rulemaking procedures in its adoption. Necessary language in this rule is incorporated into the new Rule R277-214 which, following appropriate rulemaking procedure, is being filed simultaneously with the repeal of this rule. (DAR NOTE: The proposed new Rule R277-214 is under DAR No. 40338 in this issue, May 1, 2016, of the Bulletin.)
Summary of the rule or change:
Rule R277-206 is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Art X, Sec 3
- Section 53A-1-401
- Section 53A-6-306
Anticipated cost or savings to:
the state budget:
Rule R277-206 is repealed in its entirety, and necessary language in this rule is incorporated into the new Rule R277-214, which likely will not result in a cost or savings to the state budget.
local governments:
Rule R277-206 is repealed in its entirety, and necessary language in this rule is incorporated into the new Rule R277-214, which likely will not result in a cost or savings to local government.
small businesses:
Rule R277-206 is repealed in its entirety, and necessary language in this rule is incorporated into the new Rule R277-214, which likely will not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
Rule R277-206 is repealed in its entirety, and necessary language in this rule is incorporated into the new Rule R277-214, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.
Compliance costs for affected persons:
Rule R277-206 is repealed in its entirety, and necessary language in this rule is incorporated into the new Rule R277-214, which likely will not result in any compliance costs for affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
To the best of my knowledge, there should be no fiscal impact on businesses resulting from repeal of this rule.
Sydnee Dickson, Interim 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:
- 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:
05/31/2016
Interested persons may attend a public hearing regarding this rule:
- 05/12/2016 02:00 PM, Utah State Office of Education, 250 E 500 S, Salt Lake City, UT
This rule may become effective on:
06/07/2016
Authorized by:
Angela Stallings, Associate Superintendent, Policy and Communication
RULE TEXT
R277. Education, Administration.
[R277-206. Drug Related Offenses.
R277-206-1. Authority and Purpose.
(1) This rule is authorized by:
(a) Utah Constitution Article X, Section 3, which vests
general control and supervision over public education in the
Board;
(b) Section 53A-6-306, which directs the Board to adopt
rules regarding UPPAC duties and procedures; and
(c) Subsection 53A-1-401(3), which allows the Board to
adopt rules in accordance with its responsibilities.
(2) The purpose of this rule is to establish procedures
for disciplining educators regarding drug related
offenses.
(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).
R277-206-2. Action by the Board if a Licensed Educator Has
Been Convicted of a Drug Related Offense.
(1)(a) If as a result of a background check, it is
discovered that a licensed educator has been convicted of a drug
related offense in the previous ten years, the minimum conditions
described in this Subsection (1) shall apply.
(b) One conviction--a letter shall be sent to the
educator informing the educator of the provisions of this
rule.
(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.
(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 treatment, the Board
shall send a letter of warning to the educator.
(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 treatment, the Board
shall send a letter of reprimand to the educator and a letter to
the district with notice of treatment.
(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 treatment, UPPAC
or the Board may initiate an investigation of the educator based
upon the drug offenses.
(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 treatment following the
third conviction.
(h) If the most recent conviction was more than five
years prior to the discovery of the conviction(s) and the
educator provides documentation of clinical assessment and
recommended treatment, the Board shall send a letter of warning
to the educator.
(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, the Board shall send a letter of reprimand
to the educator and send a copy of the letter of reprimand to the
educator's employer.
(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.
(2) This rule does not preclude more serious or
additional action by the Board against an educator if
circumstances warrant it.
R277-206-3. Board Action Towards an Individual Who Does Not
Hold Licensing.
(1)(a) If as a result of a background check, it is
discovered that an applicant has been convicted of a drug related
offense within ten years of the date of the background check, the
minimum conditions described in this Subsection (1) shall
apply.
(b) One conviction--the individual shall be denied
clearance for a period of one year from the date of the conduct
giving rise to the charge.
(c) Two convictions--the individual shall be denied
clearance for a period of three years from the date of the
conduct giving rise to the most recent charge and the applicant
shall present documentation of clinical assessment and
recommended treatment before clearance shall be
considered.
(d) Three convictions--the individual shall be denied
clearance for a period of five years from the date of the conduct
giving rise to the most recent charge.
(2) UPPAC or the Board may require the applicant to
present documentation of clinical assessment and recommended
treatment and may recommend denial of clearance.
KEY: educators, disciplinary actions, drug offenses,
background checks
Date of Enactment or Last Substantive Amendment: October 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/2016/b20160501.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 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. For questions about the rulemaking process, please contact the Division of Administrative Rules.