No. 35341 (Amendment): Rule R277-106. Utah Professional Practices Advisory Commission Appointment Process

(Amendment)

DAR File No.: 35341
Filed: 10/13/2011 03:11:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide updated terminology and procedural changes and greater flexibility to select representative Utah Professional Practices Advisory Commission (UPPAC) Members.

Summary of the rule or change:

The amendments provide updated terminology in Sections R277-106-1 and R277-106-3 and procedural changes in Sections R277-106-4 and R277-106-5.

State statutory or constitutional authorization for this rule:

• Subsection 53A-6-303(1)(a)
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The changes are terminology and procedural only.

local governments:

There are no anticipated costs or savings to local government. The procedural changes are about a state level commission so there are no costs or savings to local government.

small businesses:

There are no anticipated costs or savings to small businesses. This rule applies to public education and does not affect businesses.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The procedural changes are about a state level commission so there are no costs or savings to persons.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The changes are procedural with no compliance costs.

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

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

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:

12/01/2011

This rule may become effective on:

12/08/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

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

R277-106-1. Definitions.

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

[D]B. "Nomination [petition]application" means:

(1) written and signed statement by the Superintendent of the school district in which the educator is currently employed, that the Superintendent 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 superintendent, the chair of the local school board shall provide a statement of support for the educator;

(2) written and signed statement by the educator's building principal that the principal 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.

[A]D. "UPPAC or Commission" means the Utah Professional Practices Advisory Commission as defined and authorized under Section 53A-6-301 et. seq.

 

R277-106-2. Authority and Purpose.

A. This rule is adopted pursuant to Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-6-303(1)(a) which directs the Board to adopt rules establishing procedures for nominating and appointing Commission members, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to establish nomination and appointment procedures for UPPAC members.

 

R277-106-3. UPPAC Notification, Nomination and Application Process.

A. 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 the Commission vacancies shall be filled by appointment by the Superintendent.

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. The [Superintendent shall provide all complete and properly filed petitions to the] UPPAC Executive Secretary [for]shall review all complete and properly filed applications and [the Executive Secretary's]make recommendation(s) to the Superintendent prior to May [2]30 of the year in which membership on the Commission is sought.

(1) The Executive Secretary may seek additional information to provide to the Superintendent about the experience and qualification of UPPAC applicants.

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

(3) Recommendations shall give consideration to rural/urban, elementary/secondary and geographical balance of Commission members.

B. The Superintendent shall make Commission appointments prior to June 1 of the year in which Commission members shall begin serving.

C. [Two community members shall be selected under Section 53A-6-302(1). Their terms shall be staggered.]Community members

(1) Members shall be nominated by the state organization or a local chapter of the education organization with the largest membership of parents of students and teachers in the state.

(2) The two community members shall not serve concurrent terms.

D. If current Commission members desire 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 15 of the year in which the member's term expires.

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

 

R277-106-5. Filling of Vacancies.

A. The UPPAC Executive Secretary shall recommend names to the Superintendent to fill vacancies that occur midyear.

B. The UPPAC Executive Secretary may recommend names of previous applicants for Commission 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: [October 16, 2002]2011

Notice of Continuation: September 15, 2008

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

 

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