No. 29306 (New Rule): R277-512. Online Licensure

DAR File No.: 29306
Filed: 12/01/2006, 04:00
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to provide an online educator licensing process. There will be a phased transition from the traditional paper application and renewal process to a web-based process. It is anticipated that this change will result in a streamlined process that reduces participant frustration and increases the overall efficiency of licensing.

Summary of the rule or change:

The rule provides definitions, procedures, a process for audits, license applicant and license holder responsibilities, license costs, and standards for licensing records.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(1)(a)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Educator licensing fees are not increasing or decreasing as a result of this rule. The online process will allow for educator licensing transactions to be handled with greater ease and efficiency. There is the expectation of state savings long-term with online licensing.

local governments:

There are no anticipated costs or savings to local government. Educator licensing fees are not increasing or decreasing as a result of this rule. The online process will allow for educator licensing transactions to be handled with greater ease and efficiency.

other persons:

There are no anticipated cost or savings to other persons. Educator licensing fees are not increasing or decreasing as a result of this rule. The online process will increase ease and efficiency of educator licensing transactions.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Educator licensing fees are not increasing or decreasing as a result of this rule. The online process will increase ease and efficiency of educator licensing transactions.

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. Patti Harrington, State

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:

01/15/2007

This rule may become effective on:

01/23/2007

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-512. Online Licensure.

R277-512-1. Definitions.

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

B. "Computer Aided Credentials of Teachers in Utah System (CACTUS)" means the electronic file maintained on all licensed Utah educators. The file includes information such as:

(1) personal directory information;

(2) educational background;

(3) endorsements;

(4) employment history;

(5) professional development information; and

(6) a record of disciplinary action taken against the educator.

All information contained in an individual's CACTUS file is available to the individual, but is classified private or protected under Section 63-2-302 or 304 and is accessible only to specific designated individuals.

C. "License" for purposes of this rule means an authorization issued by the Board which permits the holder to serve in a professional capacity in the public schools consistent with Section 53A-6-103.

D. "License record" means the electronic record of license holder and license applicant personal information and credentials maintained on the CACTUS database at the USOE.

E. "License transaction" means the interactions between a license holder or applicant and the USOE or Board that result in issuance of a license, renewal of a license, or modification of a license or license record by or from the USOE.

F. "Online license transaction" means those license transactions that take place via the process maintained by the USOE contracted provider.

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

H. "Utah Professional Practices Advisory Commission" means a Commission established to assist and advise the Board in matters relating to the professional practices of educators, consistent with Sections 53A-6-301 through 53A-6-307.

 

R277-512-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests the general control and supervision of the public schools in the Board, by Section 53A-1-402(1)(a) which directs the Board to make rules regarding the certification of educators, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

The purpose of this rule is to provide procedures to ensure that consistency, quality, and fairness are maintained as license transactions change to online processes. Online licensure shall incorporate current and emerging electronic and information technologies to better meet the needs of applicants for new licenses, for current license holders, for recommending institutions, and for school districts and charter schools.

 

R277-512-3. Procedures.

A. All current Board rules, statutory and Board definitions, and requirements established by statute and Board rules shall apply to all license transactions, regardless of whether the transactions occur online or by other means.

B. Educators may receive electronic or paper verifications of licensure transactions, but these shall not constitute the educator license.

C. CACTUS shall be the final repository of educator information and credentials for school districts, charter schools, and other authorized CACTUS users.

D. Timelines, electronic processes and procedures, payment procedures, formats, and other elements of online licensure transactions shall meet standards of quality, ease of use, and accessibility consistent with those generally found in other wide-spread online processes.

E. No later than July 1, 2008, USOE licensing transactions shall take place electronically.

F. Approved Utah educator preparation institutions, school districts, charter schools, and other CACTUS users shall cooperate with the USOE by using the online tools and procedures provided by the USOE for transmission of information related to licensing.

 

R277-512-4. Audits.

A. The USOE shall establish an auditing program that provides for adequate review of online licensure transactions. The purpose of audits is to ensure the accuracy, reliability, and completeness of online licensure transactions.

B. All licensure transactions may be subject to audit within one year of the completion of the transaction or at any time for cause. Audits shall be conducted by USOE staff.

C. Individuals designated by school districts and charter schools and approved by the USOE shall have the opportunity to access and review licenses acquired or renewed online to verify licensure of employees.

D. Audits may include a review of license holder documentation to verify the statements made by the license holder as part of the online license transaction. The license holder may be required to submit transcripts, records of participation in professional development activities, supervisor letters or endorsements, and other documentation needed to determine that the assertions of the license holder made during the license transaction were accurate and verifiable.

E. If an audit finds that a license applicant or license holder intentionally provided false, misleading, or otherwise inaccurate information in a license transaction, the audit findings shall be forwarded to the Utah Professional Practices Advisory Commission.

F. A license transaction that was completed on the basis of inaccurate information may be voided at any time with reasonable notice to the license holder.

 

R277-512-5. License Applicant and License Holder Responsibilities.

A. License applicants and license holders shall supply accurate and complete information as requested in all license transactions.

B. License applicants and license holders shall maintain files and documentation of the information provided in all license transactions for a period of one year after the completion of the license transaction.

C. A license applicant or license holder that supplies inaccurate, misleading, false, or otherwise unreliable information in any license transaction shall be subject to the full range of disciplinary actions that may be applied by the Utah Professional Practices Advisory Commission.

 

R277-512-6. Licensing Costs.

A. The Utah legislative intent and the intent of the Board is that the licensing process should be automated and should be self-sustaining.

B. The USOE shall determine and assess licensing fees to license applicants that cover the actual and complete costs of licensing.

C. The USOE Licensing Section shall maintain accurate records and documentation of fees assessed and costs of online licensing and any USOE review responsibilities.

 

R277-512-7. Licensing Records.

A. Records of online licensure transactions shall be recorded in CACTUS.

B. License applicants shall be required to submit a social security number in order to be licensed. Social security numbers shall be carefully protected and only individuals specifically designated by school districts/charter schools and approved by the USOE shall have access to licensing files.

C. License applicants and license holders shall update personal CACTUS information in a timely manner.

D. CACTUS records may be used by the USOE for research and other valid educational purposes.

 

KEY: online, licensure

Date of Enactment or Last Substantive Amendment: 2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1)(a); 53A-1-401(3)