DAR File No. 44066

Education, Administration

Rule R277-521

National Board Certification Reimbursement

Notice of Proposed Rule

(Repeal)

DAR File No.: 44066
Filed: 09/13/2019 04:38:07 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

A proposed new Rule R277-317, National Board Certification, which reflects recent legislative changes for National Board Certification has been proposed under the updated numbering plan for licensing rules; therefore, the Utah State Board of Education (Board) recommends the repeal of Rule R277-521. (EDITOR'S NOTE: The proposed new Rule R277-317 is under Filing No. 44064 in this issue, October 1, 2019, of the Bulletin.)

Summary of the rule or change:

The pertinent language from this rule has been implemented into the new proposed Board Rule R277-317. Therefore, the Board is repealing this rule in its entirety.

Statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

This rule repeal is not expected to have any fiscal impact on state government revenues or expenditures. While this rule is being repealed, the rule for the Incentives for National Board Certification is being renumbered to Rule R277-317 within the new licensing rule numbering system, and updated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 rule repeal 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 repeal is not expected to have any fiscal impact on local governments' revenues or expenditures. While this rule is being repealed, the rule for the Incentives for National Board Certification is being renumbered to Rule R277-317 within the new licensing rule numbering system and updated to reflect changes made in S.B. 208 (2019). This rule repeal will not impact local governments' revenues or expenditures because the program is funded with a state appropriation and will continue to be state-funded.

small businesses:

This rule repeal is not expected to have any fiscal impact on small businesses' revenues or expenditures. While this rule is being repealed, the rule for the Incentives for National Board Certification is being renumbered to Rule R277-317 within the new licensing rule numbering system. 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 repeal is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. While this rule is being repealed, the rule for the Incentives for national board Certification is being renumbered to Rule R277-317 within the new licensing rule numbering system. This rule applies to the program incentivizing national board certification which is state funded and thus does not apply to 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 rule repeal 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 repeal 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 rule repeal 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.

[R277-521. 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 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 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 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) 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: May 8, 2018

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