DAR File No. 41007

Education, Administration

Rule R277-512

Online Licensure

Notice of Proposed Rule

(Amendment)

DAR File No.: 41007
Filed: 11/15/2016 01:47:52 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The amendments to Rule R277-512 provide for an online licensing database where the general public may access information classified as public under the Government Records Access and Management Act. Technical and conforming changes are also provided.

Summary of the rule or change:

The changes to Rule R277-512 provide updated definitions, provide for a publicly accessible online licensing database, and provide technical and conforming changes throughout the rule.

Statutory or constitutional authorization for this rule:

• Art X, Sec 3
• Section 53A-1-401
• Section 53A-13-208
• Subsection 53A-1-402(1)(a)

Anticipated cost or savings to:

the state budget:

The amendments to Rule R277-512 provide for a publicly accessible online licensing database and provide technical and conforming changes throughout the rule. The database is developed by existing staff within existing budgets, so there will likely be no cost or savings to the state budget.

local governments:

The amendments to Rule R277-512 provide for a publicly accessible online licensing database and provide technical and conforming changes throughout the rule, which likely will not result in a cost or savings to local government.

small businesses:

The amendments to Rule R277-512 provide for a publicly accessible online licensing database and provide technical and conforming changes throughout the rule, which likely will not result in a cost or savings to small businesses.

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

The amendments to Rule R277-512 provide for a publicly accessible online licensing database and provide technical and conforming changes throughout the rule, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The database will provide a more streamlined process for the general public to obtain public information on Utah licensed educators.

Compliance costs for affected persons:

The amendments to Rule R277-512 provide for a publicly accessible online licensing database and provide technical and conforming changes throughout the rule, 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 the amendments to this rule.

Sydnee Dickson, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Office 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:

01/03/2017

This rule may become effective on:

01/10/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

R277. Education, Administration.

R277-512. Online Licensure.

R277-512-[2]1. Authority and Purpose.

[A.](1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3 , which vests[the] general control and supervision [of the]over public [schools]education in the Board[, by];

(b) S ubsection 53A-1-402(1)(a) , which directs the Board to make rules regarding the certification of educators[,]; and

(c) Section 53A-1-401[(3)], which allows the Board to [adopt rules in accordance with its responsibilities.]make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.

(2) The purpose of this rule is to provide procedures to ensure that consistency, quality, and fairness are maintained [as]for online license transaction[s change to online] processes.[Online licensure shall incorporate current and emerging electronic and information technologies to better meet the needs of applicants for new licenses, for current license holders, for recommending institutions, and for school districts and charter schools.]

 

R277-512-[1]2. Definitions.

[A. "Board" means the Utah State Board of Education.]

[B.](1)(a) "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]licenses and license applications, which may include:

([1]a) personal directory information;

([2]b) educational background;

([3]c) endorsements;

([4]d) employment history;

([5]e) professional development information; and

([6]f) a record of disciplinary action taken by the Board against the educator.

(b) [All i]Information contained in an individual's CACTUS file [is available to the individual, but is classified private or protected under Section 63G-2-302 or 305 and is accessible only to specific designated individuals.]may only be released in accordance with Title 63G, Chapter 2, Government Records Access Management Act.

(2) "LEA," for purposes of this rule, includes the Utah Schools for the Deaf and Blind.

[C.](3) "License," for purposes of this rule, means an authorization issued by the Board which permits the holder to serve in a professional capacity in the public schools consistent with Section 53A-6-103.

[D.](4) "License record" means the electronic record of license holder and license applicant personal information and credentials maintained by the Superintendent on the CACTUS database[ at the USOE].

[E.](5) "License transaction" means the interactions between a license holder or applicant and the [USOE or Board ]Superintendent that result in issuance of:

(a) a license[,];

(b) a renewal of a license[,]; or

(c) a modification of a license or license record[by or from the USOE].

[F.](6) "Online license transaction" means those license transactions that take place via the process maintained by [the USOE]a contracted provider, chosen by the Superintendent.

[G. "USOE" means the Utah State Office of Education.]

[H.](7) "Utah Professional Practices Advisory Commission" or "UPPAC" means a Commission established to assist and advise the Board in matters relating to the professional practices of educators, consistent with [Sections 53A-6-301 through 53A-6-307.]Title 53A, Chapter 6, Part 3, Utah Professional Practices Advisory Commission.

 

R277-512-3. Procedures.

[A.](1) All current Board rules, statutory and Board definitions, and requirements established by statute and Board rules shall apply to all license transactions, regardless of whether the transactions occur online or by other means.

[B.](2)(a) Educators may receive an electronic or paper verification[s] of a licensure transaction[s,].

(b) [but these shall not constitute the]A verification provided under Subsection (2)(a) is not an educator license.

[C.](3) CACTUS shall be the final repository of educator information and credentials for [school districts, charter schools,]LEAs and other authorized CACTUS users.

[D.](4) Timelines, electronic processes and procedures, payment procedures, formats, and other elements of online licensure transactions shall meet standards of quality, ease of use, and accessibility consistent with those generally found in other wide-spread online processes.

[E. USOE](5) The Superintendent shall conduct educator licensing transactions[shall take place] electronically.

[F.](6) Approved Utah educator preparation institutions, [school districts, charter schools]LEAs, and other CACTUS users shall cooperate with the [USOE]Superintendent by using the online tools and procedures provided by the [USOE]Superintendent for transmission of information related to licensing.

 

R277-512-4. Audits.

[A.](1) The [USOE]Superintendent shall establish an auditing program that provides for[adequate] review of online licensure transactions[.] for:

(a) [The purpose of audits is to ensure the ]accuracy[,];

(b) reliability[,]; and

(c) completeness[of online licensure transactions].

[B. All licensure transactions may be subject to audit within one year of the completion of the transaction or at any time for cause. Audits shall be conducted by USOE staff.]

(2) The Superintendent may subject any licensure transaction to audit:

(a) within one year without cause; or

(b) at any time with cause.

[C.](3) [Individuals designated by school districts and charter schools and approved by the USOE shall]An LEA may designate individuals, subject to approval by the Superintendent, to have the opportunity to access and review licenses acquired or renewed online to verify licensure of employees.

[D.](4)(a) [Audits]An audit conducted under Subsection (2) may include a review of license holder documentation to verify the statements made by the license holder as part of the online license transaction.

(b) In order to verify that the assertions made by a license holder were accurate, a [The] license holder may be required to submit :

(i) transcripts[,];

(ii) records of participation in professional development activities[,];

(iii) supervisor letters or endorsements[,]; and

(iv) other documentation [needed to determine that the assertions of the license holder made during the license transaction were accurate and verifiable.]requested by the Superintendent.

[E.](5) If an audit finds that a license applicant or license holder intentionally provided false, misleading, or otherwise inaccurate information in a license transaction, the audit findings shall be forwarded to [the Utah Professional Practices Advisory Commission]UPPAC.

[F.](6) A license transaction that was completed on the basis of inaccurate information may be voided at any time with[reasonable] notice to the license holder.

 

R277-512-5. License Applicant and License Holder Responsibilities.

[A.](1) A [L]license applicant[s and]or license holder[s] shall supply accurate and complete information[ as requested] in all license transactions.

[B.](2) A [L]license applicant[s and]or license holder[s] shall maintain files and documentation of the information provided in [all]a license transaction[s] for a period of one year after the completion of the license transaction.

[C.](3) A license applicant or license holder that supplies inaccurate, misleading, false, or otherwise unreliable information in any license transaction shall be subject to the full range of disciplinary actions that may be applied by [the Utah Professional Practices Advisory Commission]UPPAC and the Board.

 

R277-512-6. Licensing Costs.

[A.](1) [The Utah legislative intent and the intent of the Board is that the]The licensing process [should]shall be automated and[should be] self-sustaining.

(2) The Superintendent shall incorporate current and emerging electronic and information technologies to better meet the needs of applicants for new licenses, for current license holders, for recommending institutions, for LEAs and the general public.

[B.](3) The [USOE]Superintendent shall determine and assess licensing fees to license applicants that cover the actual and complete costs of licensing.

[C.](4) The [USOE]Board's Licensing Section shall maintain accurate records and documentation of:

(a) fees assessed[and];

(b) costs of online licensing ; and

(c) any [USOE]Superintendent review responsibilities.

 

R277-512-7. Licensing Records.

[A. Records](1) The Superintendent shall record documentation of online licensure transactions[shall be recorded] in CACTUS.

[B.](2)(a) License applicants shall be required to submit a social security number in order to be licensed.

(b) A license applicant's [S]social security number[s] shall be [carefully protected and only individuals specifically designated by school districts/charter schools and approved by the USOE shall have access to licensing files]classified as private in accordance with Subsection 62G-2-302(2)(d).

[C.](3) A [L]license applicant[s and]or license holder[s] shall update personal CACTUS information in a timely manner.

[D.](4) CACTUS records may be used by the [USOE]Superintendent for research and other valid educational purposes.

(5) The following records shall be classified as public pursuant to Title 63G, Chapter 2, Government Records Access and Management Act:

(a) licenses issued by the Board;

(b) endorsements on an educator's license;

(c) an educator's current assignment;

(d) an educator's assignment history in Utah public schools;

(e) an educator's education background; and

(f) Board disciplinary action against an educator's license, which resulted in:

(i) letter of reprimand;

(ii) suspension;

(iii) revocation; or

(iv) reinstatement.

(6) The Superintendent shall provide an online licensing database where the general public may access the information classified as public in Subsection (5).

 

KEY: online, licensure

Date of Enactment or Last Substantive Amendment: [January 23, 2007]2017

Notice of Continuation: January 17, 2012

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