DAR File No. 43516

Education, Administration

Rule R277-486

Professional Staff Cost Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 43516
Filed: 02/11/2019 03:18:40 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Utah State Board of Education (Board) Rule R277-486 is up for continuation and is being amended for technical and formatting purposes.

Summary of the rule or change:

The changes in Board Rule R277-486 reflect amended language in the purpose of the rule, amended definitions, plus deleted and new language throughout the sections of this rule.

Statutory or constitutional authorization for this rule:

• Article X Section 3
• Subsection 53F-2-305(2)
• Subsection 53E-3-401(4)

Anticipated cost or savings to:

the state budget:

These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because this rule is required by Subsection 53F-2-305(2), which authorizes the Board to adopt a rule to require a certain percentage of a LEA's professional staff to be licensed in the area in which the teacher teaches in order for the LEA to receive full funding under the state statutory formula. This rule is up for continuation and is being amended for technical and formatting purposes.

local governments:

These rule changes are not expected to have any material impact on local governments' revenues or expenditures because this rule is required by Subsection 53F-2-305(2), which authorizes the Board to adopt a rule to require a certain percentage of a LEA's professional staff to be licensed in the area in which the teacher teaches in order for the LEA to receive full funding under the state statutory formula. This rule is up for continuation and is being amended for technical and formatting purposes.

small businesses:

These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures because this rule is required by Subsection 53F-2-305(2), which authorizes the Board to adopt a rule to require a certain percentage of a LEA's professional staff to be licensed in the area in which the teacher teaches in order for the LEA to receive full funding under the state statutory formula. This rule is up for continuation and is being amended for technical and formatting purposes.

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

These rule changes are not expected to have any material fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because this rule is required by Subsection 53F-2-305(2), which authorizes the Board to adopt a rule to require a certain percentage of a LEA's professional staff to be licensed in the area in which the teacher teaches in order for the LEA to receive full funding under the state statutory formula. This rule is up for continuation and is being amended for technical and formatting purposes.

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:

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

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 801-538-7550, 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:

04/01/2019

This rule may become effective on:

04/08/2019

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
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 in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses.

 

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

 

 

R277. Education, Administration.

R277-486. Professional Staff Cost Program.

R277-486-[2]1. Authority and Purpose.

[A. This rule is authorized by Utah Constitution Article X, Section 3, which vests general control and supervision of public education in the Board, by Subsection 53F-2-305(2), which authorizes the Board to adopt a rule to require a certain percentage of a LEA's professional staff to be licensed in the area in which the teacher teaches in order for the LEA to receive full funding under the state statutory formula, and by Subsection 53E-3-401(4), which allows the Board to adopt rules in accordance with its responsibilities.](1) This rule is authorized by:

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

(b) Subsection 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) Subsection 53F-2-305(2), which authorizes the Board to make a rule requiring a certain percentage of a LEA's professional staff to be licensed in the area the teacher teaches to receive full funding under the state statutory formula.

[B.](2) The purpose of this rule is to outline the eligibility requirements for an LEA to receive WPUs for professional staff including the acceptable experience and training an LEA’s staff should have.[satisfy statutory or federal regulatory percentages of licensed staff and support LEAs in recruiting and retaining highly educated and experienced educators for instructional, administrative and other types of professional employment in public schools.]

 

R277-486-[1]2. Definitions.

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

B.](1) "Comprehensive Administration of Credentials for Teachers in Utah Schools (CACTUS)" means the electronic file maintained on all licensed Utah educators[. The file] that includes[ information such as]:

[(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 any disciplinary action taken against the educator.

[C. "ESEA" means the Elementary and Secondary Education Act, also known as the No Child Left Behind Act, P.L. 107-110, Title I, Part A, Subpart 1, Sec. 1119, January 8, 2002.

] (3)[D.] "FTE" means full time equivalent.

[E. "LEA" means a local education agency, including local school boards/public school districts, and charter schools.

] (2)[F.] "National Board certified educator" means an educator who has been certified by the National Board for Professional Teaching Standards (NBPTS)[by successfully completing a three-year process that may include national content-area assessment, an extensive portfolio, and assessment of video-taped classroom teaching experience].

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

] (3)[H.] "Weighted Pupil Unit (WPU)" means the same as that term is defined in Subsection 53F-2-102(7)[unit of measure that is computed in accordance with the Minimum School Program Act for the purpose of determining the costs of a program on a uniform basis for each LEA].

 

R277-486-3. Eligibility to Receive WPUs for Professional Staff.

[A.](1)(a) An LEA[s] shall only receive WPUs in accordance with the formula provided in Subsection 53F-2-305(1)(a):

[(1)](i) [only ]for [those]an educator[s] who hold s at least a bachelor 's degree; and

[(2)](ii) [only ]to the extent [that such]an educator[s are] is qualified to work in the area [to which ]the[y] educator is [are] assigned consistent with R277-520.

(b) [For example, an]A full time educator who is [ employed full time but is ]appropriately qualified in only 75% of [his]the educator's assignments would count as[for only] 0.75 FTEs in the calculation of an LEA's WPU[s].

[(3)](c) [In order to receive full (100%) funding, a]An LEA shall have an appropriately qualified educator in every assignment to receive full funding.

[B. An educator who is identified as qualified under R277-520 is not necessarily highly qualified for ESEA purposes.]

[C.](2) An LEA[s shall] may not receive WPUs for interns [in their second or subsequent years nor for]or paraprofessionals in any assignment.

 

R277-486-4. Acceptable Experience.

[A.](1) Educator experience for purposes of this rule shall be measured in one-year increments.

[B.](2) For purposes of the professional staff cost calculation, [A]an educator shall be credited by the Superintendent[USOE, for purposes of the professional staff cost calculation,] with one year of experience for every school year in which the educator is employed:

(a) at least half-time (0.5 FTE) in a position that requires a Utah Educator License as described in R277-520; and[an instructional or administrative position]

(b) in a[ny] public school in the State of Utah or in a[ny] regionally accredited:

[(1)](i) public school outside of the State of Utah;

[(2)](ii) private school; or

[(3)](iii) institution of higher education; or

(iv) regional service center.

[C.](3) To obtain credit under Subsection [B(1) through (3)](2), the LEA which employs the educator shall submit [to the USOE ]acceptable documentation verifying such experience to the Superintendent, including documentation of the school's or institution's regional accreditation.

[D.](4) [Employment]An educator who is employed in a prekindergarten position [shall not be acceptable]may not be counted for the[is] purposes of determining an LEA's professional staff WPUS, unless the educator is or was employed in a special education position in an accredited school.

[E.](5) None of the following experiences are considered acceptable for purposes of determining an educator's experience under this rule:

(a) [U]unpaid volunteer service;[,]

(b) paid consulting;[,]

(c) employment in non-instructional or non-administrative positions in a school setting;[,] or

(d) [and ]a school internship[ shall not be acceptable experience under this rule].

[F.](6) The Superintendent may require an educator or LEA to provide [D]documentation of an educator's experience in a private school, [or ]institution of higher education, or a regional service center[may be required by USOE staff] to determine relevance of experience.

 

R277-486-5. Acceptable Training.

Acceptable training under this rule may include:

[A.](1) Any degree at the bachelor's level or above or credit beyond the current degree from a[:

(1) ] regionally accredited institution of higher education[; or

(2) postsecondary degree-granting institution accredited by any of the national accrediting agencies recognized by the United States Department of Education].

[B.](2) Any professional development activity consistent with R277-500 and approved in writing by the Superintendent[USOE].

 

R277-486-6. Mapping Degree Summary Data to Statutory Formula.

[A.](1) [To ensure consistency in applying data from CACTUS to the formula,]For purposes of inputting degree summary data, an LEA shall use the coding provided by the Superintendent [the following mapping of the relevant two-digit CACTUS Degree Summary codes to the five columns of]in correspondence with the Professional Staff Cost formula table in Subsection 53F-2-305(1)(a)[shall be used]:

[(1) 03 = Bachelor's Degree;

(2) 04 or 05 = Bachelors + 30 quarter hours or 20 semester hours;

(3) 06 = Master's Degree;

(4) 07 or 08 = Master's Degree + 45 quarter hours or 30 semester hours;

(5) 09 = Doctorate.]

[B.](2) In addition to credit received for degree categories corresponding with the Professional Staff Cost formula table in Subsection 53F-2-305(1)(a), [A]an LEA shall be credited for an individual with National Board certification at the doctorate level.

 

R277-486-7. Data Sources.

[A.](1) For an LEA[s] that [were]was in operation in the prior year, data shall be used from the June [30]29th update of CACTUS as required by Section R277-484-3[C].

[B.](2) For an LEA[s] that [were]was not in operation in the prior year, data shall be used from the November 15th update of CACTUS as required by Section R277-484-3[M].

 

KEY: professional staff

Date of Enactment or Last Substantive Amendment: [June 7, 2012]2019

Notice of Continuation: March 14, 2014

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53F-2-305(2); 53E-3-401(4)