DAR File No. 41086

Education, Administration

Rule R277-106

Utah Professional Practices Advisory Commission Appointment Process

Notice of Proposed Rule

(Amendment)

DAR File No.: 41086
Filed: 12/14/2016 02:57:09 PM

RULE ANALYSIS

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.

local governments:

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.

small businesses:

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
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:

01/31/2017

This rule may become effective on:

02/07/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

R277. Education, Administration.

R277-106. Utah Professional Practices Advisory Commission Appointment Process.

R277-106-[2]1 . Authority and Purpose.

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

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

(b) Section 53A-1-401, which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(c) Subsection 53A-6-303(1)(a) , 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.](2) The purpose of this rule is to establish nomination and appointment procedures for UPPAC members.

 

R277-106-[1]2 . Definitions.

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

[B.](1)(a) "Nomination application" means[:] a form prepared by the Superintendent as described in R277-106-3.

[(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.](2) "Utah Professional Practices Advisory Commission " or "[(]UPPAC[)]" means an advisory commission established under Section 53A-6-301 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.](1) 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].

(2) The Superintendent shall develop a nomination application through which an applicant expresses interest in serving on UPPAC, which outlines the expectations and time commitment required of a UPPAC member.

(3) A nomination application must be signed by:

(a) the applicant;

(b) in the case of a licensed educator whose primary assignment is teaching or school level, the applicant's principal and superintendent or charter school director;

(c) in the case of a licensed educator whose assignment is as a principal or at the district level, the applicant's superintendent;

(d) in the case of a licensed educator whose assignment is as a district superintendent or charter school director, the applicant's local board or charter school governing board chair; and

(e) in the case of an education organization representative, an officer of the education organization as provided in Subsection 53A-6-302(1).

(3) An educator shall submit a statement of interest and resume or vita along with the nomination application.

(4) An applicant who is interested in serving on UPPAC shall submit a nomination application to the Superintendent by May 31.

[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.](1) The UPPAC Executive Secretary shall review all complete and properly filed applications and may make recommendation[(]s[), per direction from the Superintendent,] to the Superintendent and Board prior to [May 30 of the year in which membership on UPPAC is sought]June 1.

([1]2) Prior to making the recommendations described in Subsection (1), [T]the Executive Secretary may seek additional information to provide to the Superintendent and Board about the experience and qualification of UPPAC applicants.

[(2) Recommendations shall maintain a representative balance of six teachers and three other educators.]

(3) Prior to making the [R]recommendations described in Subsection (1), the Executive Secretary shall consider demographic diversity, including:

(i) rural[/] and urban representation[,];

(ii) geographical balance;

(iii) elementary[/] and secondary representation[,];

(iv) gender diversity[,];

(v) ethnic diversity;[, and geographical balance of UPPAC members.]

(vi) specialized knowledge of an applicant; and

(vii) representation of LEA superintendents, principals, or charter school administrators.

(4) In addition to receiving recommendations from the UPPAC Executive Secretary, as described in Subsection (1), the Superintendent shall solicit recommendations from the Board prior to making[

B. The Superintendent shall make] UPPAC appointments consistent with Section 53A-6-303.

[C. Community members]

[D.](6) If a current UPPAC member[s] desires 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 expires.

[E.](7) The application[s(s)] of [(]a[)] UPPAC member[(s)] seeking reappointment shall be considered for recommendation at the same time that new appointments are considered.

[F.](8) The Executive Secretary may retain nomination applications for consideration [for]in the event of mid-term vacancies or for vacancies in subsequent years.

 

R277-106-5. Education Organization Member Appointments.

(1) [Community members may be nominated by t]The state organization or a local chapter of the education organization with the largest membership of parents of students and teachers in the state may nominate community members to serve on UPPAC.

(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 the organization.

(3) The two [community]education organization members [shall]may not serve concurrent terms.

 

R277-106-[5]6 . Filling of Vacancies.

[A.](1) The UPPAC Executive Secretary shall recommend names to the Superintendent and Board to fill UPPAC vacancies that occur midyear.

[B.](2) 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]2017

Notice of Continuation: September 9, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-6-303(1)(a); 53A-1-401[(3)]