DAR File No. 42699

Education, Administration

Rule R277-521

National Board Certification Reimbursement

Notice of Proposed Rule

(Amendment)

DAR File No.: 42699
Filed: 03/15/2018 05:09:11 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies.

Summary of the rule or change:

These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes provide clarity for the implementation and funding of the National Board Certification reimbursement in relation to the Teacher Salary Supplement Program (TSSP) because this reimbursement is funded through an appropriation to the TSSP program.

Statutory or constitutional authorization for this rule:

• Section 53F-5-202
• Art X Sec 3
• Subsection 53E-3-401(4)

Anticipated cost or savings to:

the state budget:

These rule changes are not estimated to have a fiscal impact on the state budget, because these rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies.

local governments:

These rule changes are not estimated to have a fiscal impact on local governments, because these rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies.

small businesses:

These rule changes are not estimated to have a fiscal impact on small businesses, because these rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies.

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

These rule changes are not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities, because these rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

These rule changes are not estimated to have a fiscal impact. There are 1,226 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with National Board Certification reimbursement which is funded through a state appropriation and does not require any expenditures or generate any revenues for large businesses. These rule changes provide clarity for the implementation and funding of the National Board Certification reimbursement in relation to the TSSP because this reimbursement is funded through an appropriation to the TSSP program. These changes specify that the Superintendent shall annually determine the number of educators eligible for this reimbursement based on legislative appropriation and costs associated with obtaining National Board Certification, and that costs incurred in obtaining or renewing national board certification that were previously paid or reimbursed for an educator by a third party are not eligible for reimbursement. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes are not expected to have a fiscal impact on LEAs either as this program is funded by a state appropriation and these rule changes mainly provides technical and stylistic changes.

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 [email protected]

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:

05/01/2018

This rule may become effective on:

05/08/2018

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with National Board Certification reimbursement which is funded through a state appropriation and does not require any expenditures of or generate any revenues for large businesses.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

R277-521. National Board Certification Reimbursement.

R277-521-1. 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) Subsection [53A-1-401]53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(c) Section [53A-6-114]53F-5-202, which requires the Board to make rules to specify procedures and timelines for reimbursing educators for the cost to attain or renew a National Board certification.

(2) The purpose of this rule is to specify procedures and timelines for reimbursing educators for the cost to attain or renew a National Board certification.

 

R277-521-2. Definitions.

(1) "Eligible educator" means an educator who holds a current National Board certification attained or renewed:

(a) after July 1, 2016; and

(b) while employed as an educator by an LEA in Utah.

(2) "Local education agency" or "LEA" means:

(a) a school district;

(b) a charter school; or

(c) the Utah Schools for the Deaf and the Blind.

(3) "National Board certification" means the same as that term is defined in Section [53A-6-103] 53E-6-102.

 

R277-521-3. Application Procedures.

(1) The Superintendent shall establish and maintain an online application system for National Board certification reimbursements.

(2) To receive reimbursement for the costs an eligible educator paid to attain or renew a National Board certification, an eligible educator shall submit an application through the application system established under Subsection (1).

[(3)(a) For fiscal year 2017, the Superintendent shall publicize the date on which applications may be submitted.

(b) For fiscal year 2018 and each succeeding fiscal year, the application window is July 1 to June 30.

(4)(a) Subject to legislative appropriations, the Superintendent shall reimburse eligible educators on a first come, first served basis until funds appropriated for National Board certification reimbursements are exhausted for that fiscal year.

(b) The amount appropriated for National Board certification reimbursements is $88,300.

(c) If funds are insufficient to reimburse all eligible educators who apply in any given fiscal year, subject to legislative appropriations, the Superintendent shall reimburse eligible educators who did not receive reimbursement the previous fiscal year on a first come, first served basis.

(d) The Superintendent may only reimburse an eligible educator for costs the eligible educator paid to attain or renew a National Board certification.](3)(a) The Superintendent shall annually determine the number of eligible educators based on legislative appropriations and costs associated with obtaining national board certification.

(b) The Superintendent shall reimburse eligible educators on a first come, first served basis.

(4) The Superintendent may not reimburse an eligible educator for costs incurred in obtaining or renewing national board certification that were previously paid or reimbursed to the educator by a third party.

 

KEY: eligible educators , National Board certification

Date of Enactment or Last Substantive Amendment: [February 7, 2017]2018

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; [53A-1-401]53E-3-401(4) ; [53A-6-114]53F-5-202