DAR File No. 44064

Education, Administration

Rule R277-317

Incentives for National Board Certification

Notice of Proposed Rule

(New Rule)

DAR File No.: 44064
Filed: 09/13/2019 04:28:03 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

As part of the ongoing Utah State Board of Education (Board) licensing rule updates, the Board has proposed Rule R277-317 to incorporate incentives related to national board certification.

Summary of the rule or change:

Rule R277-317 includes rules for reimbursement of the costs for obtaining national board certification, as well as a new incentive adopted by the Legislature for a salary supplement for national board certified teachers. Rule R277-317, if adopted, would replace Rule R277-521, National Board Certification Reimbursement. (EDITOR'S NOTE: The proposed repeal of Rule R277-521 is under Filing No. 44066 in this issue, October 1, 2019, of the Bulletin.)

Statutory or constitutional authorization for this rule:

• Section 53F-5-202
• Article X Section 3
• Subsection 53E-3-401(4)
• Section 53F-2-521

Anticipated cost or savings to:

the state budget:

This rule is not expected to have any fiscal impact on state government revenues or expenditures. Previously, the rule for the Incentives for National Board Certification was Rule R277-521 which is being repealed. This rule is being renumbered within the new licensing rule numbering system and updated to reflect changes made in S.B. 208, National Certification Teacher Incentive Amendments, passed in the 2019 General Session. This bill moves provisions related to a salary supplement for a teacher who holds a national board certification from the Teacher Salary Supplement Program to a new program, and increases the amount of a salary supplement for a teacher who holds a national board certification, and holds a certification and teaches in a Title I school. This rule will not impact state government revenues or expenditures because the program is funded with a state appropriation, and the program changes are statutory and are covered by the existing legislative appropriation for the program.

local governments:

This rule is not expected to have any fiscal impact on local governments' revenues or expenditures. Previously, the rule for the Incentives for National Board Certification was Rule R277-521 which is being repealed. This rule is being renumbered within the new licensing rule numbering system and updated to reflect changes made in S.B. 208 (2019). This bill moves provisions related to a salary supplement for a teacher who holds a national board certification from the Teacher Salary Supplement Program to a new program, and increases the amount of a salary supplement for a teacher who holds a national board certification, and holds a certification and teaches in a Title I school. This rule does not have an independent fiscal impact on local governments.

small businesses:

This rule is not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to the program incentivizing national board certification which is state funded and thus does not apply to small businesses.

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

This rule is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. S.B. 208 (2019) moves provisions related to a salary supplement for a teacher who holds a national board certification from the Teacher Salary Supplement Program to a new program, and increases the amount of a salary supplement for a teacher who holds a national board certification, and holds a certification and teaches in a Title I school. This rule does not have an independent fiscal impact on other individuals.

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 no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenue for non-small businesses. This rule has no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. The Program Analyst at the Utah State Board of Education, Jill Curry, 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:

10/31/2019

This rule may become effective on:

11/07/2019

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
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 no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenue for non-small businesses.

 

The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

R277-317. Incentives for National Board Certification.

R277-317-1. 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 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;

(c) Section 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; and

(d) Section 53F-2-521, which requires the Board to implement a salary supplement for National Board-certified teachers.

(2) The purpose of this rule is to specify procedures and timelines for:

(a) reimbursements to educators under Section 53F-5-202; and

(b) applications for the salary supplement under Section 53F-2-521.

 

R277-317-2. 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" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

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

(4) "National Board-certified teacher" or "board-certified teacher" has the same meaning as defined in Subsection 53F-2-521(1)(b).

 

R277-317-3. Salary Supplement for National Board-Certified Teachers.

(1) The Superintendent shall allocate funds for salary supplements to board-certified teachers in accordance with Subsection 53F-2-521(3).

(2) The Superintendent shall maintain an online application system for board-certified teachers and make it available to educators no later than October 1 each school year.

(3) An applicant for the Board-certified salary supplement shall apply to the Superintendent by April 30.

(4)(a) If an applicant is denied funds under this rule, the applicant may submit a written appeal to the Superintendent prior to June 1.

(b) An appeal under Subsection (4)(a) is limited to the following issues:

(i) whether the applicant is a board-certified teacher;

(ii) whether the applicant was assigned to teach at a Title I school during the school year at issue; or

(iii) whether the Superintendent's initial denial was inconsistent with Section 53F-2-521 or this Rule R277-317; or

(iv) whether the Superintendent's initial denial was based on inaccurate or missing information.

(c) The Superintendent may designate a panel of at least two Board staff members to review an appeal made under Subsection (4)(a) and make a recommendation to the Superintendent.

(i) A panel designated in accordance with Subsection (5)(c) shall make a recommendation in accordance with the provisions of Section 53F-2-504 or this Rule R277-318.

(ii) The panel shall make a recommendation on an appeal within 30 days of receipt of the written appeal.

(5) The Superintendent shall issue a ruling on an appeal within 15 days of receipt of the panel's recommendation.

(6) The decision of the Superintendent on an appeal is the final Board administrative action.

 

R277-317-4. Grants for National Board Certification.

(1) The Superintendent shall establish and maintain an online application system through which an educator may apply for a grant to pay for fees and costs to pursue or renew a National Board certification.

(2) An applicant for a grant under Subsection (1) shall pay a registration fee to the National Board for Professional Teaching Standards or "NBPTS" prior to submitting the application.

(3) The Superintendent shall pay a grant under Subsection (1) directly to NBPTS.

(4)(a) To receive a grant under Subsection (1), an educator shall submit an application through the application system, including all information required by Section 53F-5-202.

(b) The Superintendent shall accept applications from July 1 through December 1 annually.

(c) The Superintendent shall establish an expedited process for educators seeking to begin the National Board certification program in 2020.

(5) The Superintendent may not award a grant under this Section to an educator with a currently suspended license.

(6)(a) The Superintendent shall annually determine the number of new grant awards available based on:

(i) legislative appropriations;

(ii) estimated costs under Section R277-317-3;

(iii) encumbered costs for grants previously awarded under this section; and

(iv) costs associated with obtaining national board certification.

(b) The Superintendent shall publish the number of new grants available by October 15 annually.

(c) If the number of applicants exceeds the number of available grant awards, the Superintendent shall randomly choose grant recipients from all complete applications.

(7) In order for an educator to receive a grant under this section, the Superintendent shall require the educator to attest that the educator will not accept payment of National Board certification costs covered under the grant from any other party.

(8) A grant recipient shall notify the superintendent as soon as possible if:

(a) the individual discontinues pursuit of national board certification;

(b) the individual becomes ineligible to receive a grant under this section;

(c) the individual becomes ineligible to pursue national board certification under rules established by the National Board for Professional Teaching Standards; or

(d) the individual requests approval for an amendment to the individual's application plan.

 

KEY: national board certification, grants, salary supplements

Date of Enactment of Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-5-202; 53F-2-521