No. 29138 (New Rule): R690-100. Public Education Job Enhancement Program Participant Eligibility and Requirements

DAR File No.: 29138
Filed: 10/18/2006, 08:05
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new rule provides standards and procedures for administering the Public Education Job Enhancement Program (PEJEP).

Summary of the rule or change:

The rule provides procedures for designating recipients and offering scholarships and cash awards from PEJEP funding; provides time lines for the submission and approval of applications; provides procedures for the distribution of awards and scholarships; and provides procedures for monitoring educator process and compliance with the law and this rule.

State statutory or constitutional authorization for this rule:

Subsection 53A-1a-602(5)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Funds have been appropriated specifically for the PEJEP program.

local governments:

There are no anticipated costs or savings to local government. School districts do not need to pay educators or provide any funding for educator participation in the PEJEP Program.

other persons:

Other persons may save expenses/costs due to the rule. Educators who are eligible for awards under this rule may receive money to use for tuition toward an advanced degree or National Board certification.

Compliance costs for affected persons:

There may be compliance costs for affected persons. If an award recipient defaults on the terms of the award, the recipient will be responsible to repay, as determined by the Public Education Job Enhancement Program Committee, the full or prorated amount of the award or scholarship received.

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. John Sutherland, Committee Chair

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

Public Education Job Enhancement Program
Job Enhancement Committee
250 E 500 S
SALT LAKE CITY UT 84414

Direct questions regarding this rule to:

Clara Walters at the above address, by phone at 801-538-7616, by FAX at 801-538-7973, 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:

12/15/2006

This rule may become effective on:

12/23/2006

Authorized by:

John Sutherland, Chair, Job Enhancement Committee

RULE TEXT

R690. Public Education Job Enhancement Program, Job Enhancement Committee.

R690-100. Public Education Job Enhancement Program Participant Eligibility and Requirements.

R690-100-1. Definitions.

A. "Advancement Award/scholarship recipient" means a scholarship to an educator qualified under Sections 53A-1a-601(1) and (2)(a) and (b). The scholarship may be used for:

(1) training in subject areas designated in Section 53A-1a-601(1); and

(2) tuition costs only as designated in Section 53A-1a-601(2)(b) for a master's degree, teaching endorsement, or approved graduate program including National Board Certification.

B. "Contract" means a binding agreement signed and agreed to by the recipient, the PEJEP Committee and USOE under 53A-1a-602(3)(c); applications are available through the USOE and online through the USOE website at www.schools.utah.gov.

C. "Critical areas of educator need" means secondary school teachers with expertise in mathematics, physics, chemistry, physical science, learning technology, or information technology and PreK-12 special education teachers.

D. "Information technology" for purposes of this rule means courses in information support and services, interactive media, network systems and programming, and software development as listed under information technology education in career and technical education (CTE) on the USOE website.

E. "Learning technology" for the purpose of this rule means a degree/endorsement earned to implement use of technology in classrooms by secondary school teachers in the critical areas of educator need identified under R690-100-1C.

F. "Letter of authorization" under Section 53A-la-601(3) means a designation given to an individual pursuing an alternative license, who has not completed the requirements for a Level 1, 2, or 3 license or who has not completed necessary endorsement requirements for the course(s) he teaches, who is employed by a school district, who has an educator license under R277-502.

G. "National Board Certification" means the successful completion of the National Board for Professional Teaching Standards (NBPTS) process, a three-year process, that may include national content-area assessment, an extensive portfolio, and assessment of video-taped classroom teaching experience.

H. "Opportunity Award/signing bonus/cash award recipient" means a cash award paid in two installments to qualified educators under 53A-1a-601(2)(c) and (3)(a) and (b).

I. "Public Education Job Enhancement Program Committee (Committee)" means the committee designated under Section 53A-la-602.

J. "Public Education Job Enhancement Program (PEJEP)" means a program authorized under Section 53A-la-601.

K. "Special education teacher" means an educator who teaches at least three classes (or fifty percent of the school day) of primarily PreK-12 special education students or whose contract assignment is designated by the district as SPECIAL EDUCATION. Special education teacher may also mean speech and language pathologists and psychologists and special education educators teaching grade 12+ in a high school.

L. "Technology training" for the purpose of this rule means professional development training to public school superintendents, administrators, and principals in the effective use of technology in public schools.

M. "USOE" means the Utah State Office of Education.

 

R690-100-2. Authority and Purpose for Opportunity and Advancement Awards.

A. The rule is authorized under Section 53A-la-602(5) which requires the Committee to make a rule establishing policies and procedures for:

(1) designating the recipients and offering scholarships and cash awards from PEJEP funding;

(2) timelines for the submission and approval of applications;

(3) the distribution of the awards and scholarships; and

(4) monitoring educator progress and compliance with the law and this rule.

 

R690-100-3. Opportunity Awards.

A. Timelines for Opportunity Awards

(1) The Committee shall provide to all public school district superintendents and charter schools, by June 1 of each year, teacher information forms and funds available for Opportunity Awards consistent with critical areas of educator need identified under R690-100-1C.

(2) Information forms for awards shall also be available from the USOE and on-line through the USOE website.

(3) Completed information forms for Opportunity Awards, including required documentation, shall be due to the USOE from applying school districts and charter schools by November 1 annually.

(4) Recipients of Opportunity Awards shall receive the cash award in two installments, with the first initial payment at the beginning of the four year teaching commitment and the second installment at the conclusion of four consecutive years of teaching.

(a) The recipient shall repay a portion of the initial payment if the recipient fails to complete two years of the consecutive four year teaching commitment unless waived for good cause by the Committee, designated in Section 53A-1a-602; and

(b) The recipient shall not receive the second installment if the recipient fails to complete the consecutive four year teaching commitment.

(5) The USOE shall receive documentation annually by October 1 from recipients of Opportunity Awards documenting full-time employment as educators during the previous school year.

(6) If the recipient desires to decrease his teaching employment below full-time or take a leave of absence at any time, the recipient shall submit a formal written request to the Committee. The Committee may grant or deny permission for the employment change within 30 days of the request; if permission is denied by the Committee, provisions under 53A-1a-601(1)(c)(ii) shall apply immediately.

(7) The USOE shall be immediately notified by the Opportunity Award recipient if the recipient changes employers, leaves public education, or moves from the state; provisions of 53A-1a-601(1)(c)(ii) shall apply immediately if the recipient leaves public education or leaves the state.

(8) Opportunity Award recipients shall notify the USOE at the conclusion of the recipient's consecutive four year teaching commitment.

(9) The USOE shall make the final Opportunity Award payment in a timely manner upon notification by the recipient and documentation of full-time employment during the required four year period.

B. Award and Funding Requirements for Opportunity Awards

To be eligible to receive an award under this rule, an educator shall:

(1) have signed an employment contract with a school district or charter school;

(2) be recommended by secondary school principal, school district superintendent or designee or charter school director;

(3) be a fully licensed educator in Utah or enrolled in an alternative educator licensing program in:

(a) pre-K-12+ special education; or

(b) a secondary education endorsement program (grades 7-12) in critical areas of educator need identified under R690-100-1C; and

(4) have taught under a letter of authorization for at least one year in the areas referred to under Section 53A-1a-601(1) and received a superior evaluation as a classroom teacher.

 

R690-100-4. Advancement Awards.

A. Timelines for Advancement Awards

(1) Applications for Advancement Awards shall be available from the USOE and online through the USOE website.

(2) Educators may apply at any time throughout the year and may receive an award subject to funds available.

(3) Recipients of Advancement Awards shall provide documentation to the USOE at least one time during each semester that the recipient is enrolled in an approved higher education program.

(4) The USOE shall notify recipients immediately if recipients' course work or grades are unsatisfactory; recipients continued participation shall be reviewed by the Committee.

(5) Recipients shall begin taking higher education courses within one calendar year of receipt of the award.

(6) Recipients have four years to complete course work for a master's degree, teaching endorsement, or approved graduate program.

(7) Upon completion of the master's degree, teaching endorsement, or approved graduate program, a recipient shall notify the USOE and provide an official higher education transcript or appropriate documentation.

(8) Recipients of the Advancement Awards shall notify the USOE immediately if they change public education employers, drop their class loads below 3 credit hours or move from the state.

(9) If the recipient interrupts employment for any reason, the recipient shall submit a formal written letter to the Committee explaining the reason for the interruption and requesting a continuance of the contract.

B. Award and Funding Requirements for Advancement Awards

To be eligible to receive an award under this rule, an educator shall:

(1) be approved by the employing principal and the school district superintendent or designee or a charter school director and charter school board chair;

(2) be a fully licensed Utah educator or enrolled in a Utah alternative educator licensing program.

(3) agree to enroll in eligible schools or programs within one year from the date of the award;

(4) provide documentation to the Committee of acceptance into an approved graduate program, including National Board Certification, leading to a master's degree or teaching endorsement in areas identified under R690-100-1C;

(5) not use the award to pay for course work in counseling or administration.

C. Additional Recipient Requirements for Advancement Awards:

(1) Complete the program within four years from the date of initial enrollment.

(2) Complete endorsement classes in a timely manner as approved in the contract with the Committee.

(3) Successfully finish all classes for which recipient is reimbursed.

(4) Enroll and seek reimbursement only for courses leading directly to a master's degree, teaching endorsement, or approved graduate program, for which the award was made.

(5) Show evidence of progress toward master's degree, teaching endorsement, or approved graduate program, every semester for which the award is used.

(6) Recipient commits to teach in Utah public schools in an area identified in 53A-1a-601(1) for a period of four consecutive school years following the completion of the endorsement or degree for which the award was made.

D. Award Priorities for Advancement Awards

(1) Superintendent/principal recommendations

(2) Existing formal qualifications, evaluations, degrees, certificates, endorsements, licenses of educators in district/school.

(3) Applicants' discussions of career plans, educational objectives, and estimated time periods for completion of course work.

(4) Alignment of applicant career/educational objectives with intent and express purposes of Section 53A-1a-601.

 

R690-100-5. Enforcement and Penalty Provisions for Breach of PEJEP Contract for Opportunity and Advancement Awards.

A. If an Opportunity Award or Advancement Award recipient fails to satisfy the teaching commitment, earn the master's degree, or teaching endorsement, or complete the approved graduate program, the recipient shall be responsible to repay, as determined by the Committee, the full or a prorated amount of the cash award or scholarship fund received.

B. The entire amount of the cash award or scholarship may become due and payable immediately, including interest following review by the Committee for violations of Section 53A-1a-601 or this rule.

C. The recipient shall be responsible for any and all necessary collection costs.

D. Legal action may be taken against recipient as recommended by the Committee and approved by the USOE and the Utah Attorney General's Office.

E. A recipient may be referred to the Utah Professional Practices Advisory Committee for possible action against the recipient's license for willful violations of law or this rule.

F. Should recipient's license be suspended or revoked by the Utah State Board of Education, consistent with due process provided for in state law, the award or scholarship shall be canceled at the time of license revocation and subject to the conditions stated in R690-100-5.

G. Exceptions to any provision of the Opportunity or Advancement Award contracts shall be approved in writing by the Committee.

 

R690-100-6. Miscellaneous Provisions or Requirements for the Opportunity and Advancement Awards.

A. In any given school year, a teacher shall not receive both an Opportunity Award and an Advancement Award and shall not receive two Opportunity awards concurrently.

B. Recipients of the Opportunity Award and Advancement Award may not apply for a second award until the consecutive four year teaching commitment has been fulfilled.

C. Opportunity and Advancement award educators may take less than a full-time course load in the areas identified in 53A-1a-601(1), if student demand is not sufficient for a full-time assignment in those subject areas.

D. If the Opportunity or Advancement Award recipient should die before the conditions or repayment of the award is satisfied, the entire commitment or balance shall be waived.

E. The educator shall be teaching in the critical areas of educator need identified under R690-100-1C,D,and E, to apply for a PEJEP scholarship toward any learning technology degree, endorsement, or advanced degree.

F. Advancement Award Recipients taking 9 credit hours during summer months (forgoing employment during that time) may receive a $6,000 summer stipend; summer stipends shall be prorated for educators in regulated programs and those recipients may receive $2,000 per 3 credit hour, up to $6,000.

G. Endorsement caps shall be commensurate with increased tuition costs for the specific endorsement; and

H. Endorsement program recipients may receive only one summer stipend of $6,000 per 9 credit hours.

I. Teachers who have their assignment changed which takes them out of their classroom teaching in the PEJEP content areas, must submit a petition to the Committee for potential waiver of penalties associated with the change.

J. The consecutive four year teaching commitment may be met by educators who are promoted, assigned, or advised to change their teaching assignment and work within the district or state in a similar role for which the Opportunity Award or Advancement Award was made, following Committee approval.

 

R690-100-7. Provisions or Requirements for the Technology Training Component of 53A-1a-601(4)(a).

Technology training courses, programs or conferences that provide professional development for public school superintendents, administrators and principals in the effective use of technology in public schools shall be submitted to the Committee by applicants for consideration and approval under 53a-1A-601(4).

 

KEY: scholarships, awards, educators

Date of Enactment or Last Substantive Amendment: 2006

Authorizing, and Implemented or Interpreted Law: 53A-1a-602(5)