DAR File No. 41086
This rule was published in the January 1, 2017, issue (Vol. 2017, No. 1) of the Utah State Bulletin.
Utah Professional Practices Advisory Commission Appointment Process
Notice of Proposed Rule
DAR File No.: 41086
Filed: 12/14/2016 02:57:09 PM
Purpose of the rule or reason for the change:
Rule R277-106 is amended to provide updates that reflect the Board's Utah Professional Practices Advisory Commission (UPPAC) Advisory Committee Taskforce recommendations. The rule is also updated in accordance with the Rulewriting Style Manual.
Summary of the rule or change:
The changes to Rule R277-106 update procedures to clarify the nominating and application process for UPPAC membership and selection; and provide technical and conforming changes throughout the rule.
Statutory or constitutional authorization for this rule:
- Subsection 53A-6-303(1)(a)
- Art X, Sec 3
- Section 53A-1-401
Anticipated cost or savings to:
the state budget:
The amendments to Rule R277-106 update procedures to clarify the nominating and application process for UPPAC membership and selection, which likely will not result in a cost or savings to the state budget.
The amendments to Rule R277-106 update procedures to clarify the nominating and application process for UPPAC membership and selection, which likely will not result in a cost or savings to local government.
The amendments to Rule R277-106 update procedures to clarify the nominating and application process for UPPAC membership and selection, 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 R277-106 update procedures to clarify the nominating and application process for UPPAC membership and selection, 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:
The amendments to Rule R277-404 update procedures to clarify the nominating and application process for UPPAC membership and selection, 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
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@example.com
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:
This rule may become effective on:
Angela Stallings, Deputy Superintendent, Policy and Communication
R277. Education, Administration.
R277-106. Utah Professional Practices Advisory Commission Appointment Process.
. Authority and Purpose.
A.] This rule is [ adopted pursuant to]
Utah Constitution Article X, Section 3
which vests general control and supervision [
of] public education in the Board[ ,]
which directs the Board to adopt rules establishing
procedures for nominating and appointing UPPAC members[
, and Section 53A-1-401(3) which allows the Board to adopt
rules in accordance with its responsibilities].
B.] The purpose of this rule is to establish nomination and
appointment procedures for UPPAC members.
A. "Board" means the Utah State Board of
B.] "Nomination application" means[ :]
(1) written and signed statement by the superintendent of
the school district or charter school director in which the
educator is currently employed, that the superintendent/director
understands the time commitment of UPPAC members and supports the
educator in applying for one three-year term as identified in
statute. If the applicant is a school district superintendent or
charter school director, the chair of the local/charter school
board shall provide a statement of support for the
educator; (2) written and signed statement by the educator's
building principal or director that the principal/director
understands the time commitment of UPPAC members and supports the
educator in applying for one three-year term. If the applicant is
a principal, the applicant shall include a statement of
understanding of the time commitment in the personal statement
provided by the applicant; (3) written and signed personal statement by the
applicant expressing the applicant's desire to serve as a
UPPAC member, a summary of the applicant's professional
experience, including associations and professional affiliations;
and (4) the applicant's vita. C. "Superintendent" means the State
Superintendent of Public Instruction.]
D.] "Utah Professional Practices Advisory Commission
[ (]UPPAC[ )]" means an advisory commission established
to assist and advise the Board in
matters relating to the professional practices of educators[ , under Section 53A-6-301].
R277-106-3. UPPAC Notification, Nomination and Application Process.
A.] The UPPAC Executive Secretary shall notify school
districts, charter schools
and education organizations in writing of openings on
UPPAC for the upcoming term by May 1[ 5 of the year in which UPPAC vacancies shall be filled by
appointment by the Superintendent].
B. As provided under Section 53A-6-303(1)(b), nomination
petitions shall be filed with the Superintendent.]
R277-106-4. UPPAC Selection Process.
A.] The UPPAC Executive Secretary shall review all complete
and properly filed applications and may make recommendation[ (]s[ ), per direction from the Superintendent,] to the
prior to [ May 30 of the year in which membership on UPPAC is
[ T]he Executive Secretary may seek additional information to
provide to the Superintendent
about the experience and qualification of UPPAC
(2) Recommendations shall maintain a representative balance
of six teachers and three other educators.]
, and geographical balance of UPPAC members.]
B. The Superintendent shall make] UPPAC
appointments consistent with Section 53A-6-303.
C. Community members]
current UPPAC member[ s] desire to serve[ for] a second term, the member shall indicate the
desire to serve an additional term in writing to the Superintendent
prior to May 1[ 5] of the year in which the member's term
E.] The application[ s(s)] of [ (]a[ )] UPPAC member[ (s)] seeking reappointment shall be considered for
recommendation at the same time that new appointments are
F.] The Executive Secretary may retain
applications for consideration [ for] mid-term vacancies or for vacancies in
Community members may be nominated by t]he state organization or a local chapter of the education
organization with the largest membership of parents of students and
teachers in the state
(2) Community members[
who are members of a parent/teacher, parent/teacher/student
organization] may submit their names to the education
organization described in Section 53A-6-302(1) for nomination by
(3) The two [
community] members [ shall] not serve concurrent terms.
. Filling of Vacancies.
A.] The UPPAC Executive Secretary shall recommend names to
vacancies that occur midyear.
B.] The UPPAC Executive Secretary may recommend names of
previous applicants for UPPAC vacancies or names from school
districts or charter schools or other groups or areas of the state
that are under represented[ to fill vacancies].
KEY: professional competency, professional practices[
Date of Enactment or Last Substantive Amendment: [
November 7, 2013]
Notice of Continuation: September 9, 2013
Authorizing, and Implemented or Interpreted Law: Art X Sec 3;
More information about a Notice of Proposed Rule is available online.
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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 firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.