No. 31445 (New Rule): R277-525. Special Educator Stipends

DAR File No.: 31445
Filed: 05/15/2008, 03:09
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to provide standards and procedures for distributing funds appropriated for stipends for special educators for additional days of work consistent with S.B. 2, 2008 Legislative General Session. (DAR NOTE: S.B. 2 (2008) is found at Chapter 397, Laws of Utah 2008, and was effective 03/20/2008.)

Summary of the rule or change:

This new rule provides definitions; responsibilities of school districts and charter schools; and responsibilities of the Utah State Board of Education in the distribution of stipends for special educators.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3) and Section 53A-17a-158

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Funds were specifically appropriated by the 2008 Legislature to provide for the stipends. The Utah State Office of Education will develop criteria and procedures from distribution of funds at no additional cost to the state.

local governments:

There are no anticipated costs or savings to local government. School districts and charter schools will receive funding to provide for stipends for eligible special educators for approximately three extra days of work per educator.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses and persons other than businesses. Funding was provided by the 2008 Legislature specifically for special educator stipends.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The 2008 Legislature provided specific funding for participation in this program.

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 Superintendent of Public Instruction

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:

07/01/2008

This rule may become effective on:

07/08/2008

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-525. Special Educator Stipends.

R277-525-1. Definitions.

A. "After the school year" means two weeks after the final day of the required contract period, as determined by the employer. For year-round schools, "after the school year" means off-track periods, but not vacation periods.

B. "Before the school year" means two weeks before the first day of the required contract period, as determined by the employer.

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

D. "Duties related to the IEP process" means;

(1) duties/responsibilities provided in 53A- 17a-156(4);

(2) preparing paperwork related to the implementation of IDEA; and

(3) other duties or responsibilities related to the IEP process, as determined by the special educator.

Duties related to the IEP process do not include:

(1) professional development;

(2) district level planning; and

(3) direct student instruction.

E. "Federal law regulating students with disabilities" means the Individual with Disabilities Education Act (IDEA), Title 1, Part A, Section 602.

F. "Special educator," for purposes of this rule, means:

(1) a licensed special education teacher as defined under 53A-17a-158(c); or

(2) a licensed speech-language pathologist as defined under Section 53A-17a-158(c).

G. "Special education teacher" means an individual who has a Utah educator license with a special education area of concentration and whose primary assignment is the instruction of students with disabilities who are eligible for special education services.

H. "Speech-language pathologist" means an individual who has a Utah educator license with a speech-language pathologist area of concentration or a speech-language pathologist license and whose primary assignment is the instruction of students with disabilities who are eligible for special education services.

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

J. "Work day for special educator" means the special educator's contract day as determined by the employer. Stipends shall only be paid for actual days worked. A teacher shall not be paid if days/hours are not actually worked. Days are not transferable among teachers.

 

R277-525-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities, and Section 53A-17a-158 which requires the Board to distribute money appropriated for stipends for special educators for additional days of work.

B. The purpose of this rule is provide standards and procedures for distributing money appropriated for stipends for special educators for additional days of work:

(1) in recognition of the added duties and responsibilities assumed by special educators to comply with federal law regulating the education of students with disabilities; and

(2) the need to attract and retain qualified special educators.

 

R277-525-3. School District/Charter School Responsibilities.

A. School districts and charter schools shall contract with individual special educators, defined under R277-525-1F, and request in writing from the special educators:

(1) the number of days (not to exceed 10 or the number of days established by the Board) that the special educator commits to work consistent with R277-525-1G and H; and

(2) the time period (before the school year begins or after the school year ends) that the special educator commits to working the additional days.

B. Special educators hired by school districts/charter schools after October 15 shall receive funding for extra days to the extent of funds available.

C. School districts/charter schools shall submit an invoice to the USOE twice within a fiscal year (July 1 to June 30) for reimbursement for additional contract days worked by special educators as follows:

(1) no later than October 1 for special educators who worked before the school year began; and

(2) no later than June 30 for special educators who worked after the school year ended.

D. School districts/charter schools shall submit a final report to the USOE no later than June 30 annually that provides:

(1) the number of contract days worked by designated special educators;

(2) data and information compiled about hours, duties and responsibilities completed by special educators during additional days on a tracking and accounting form provided by the USOE or using another form acceptable to the USOE; and

(3) other assessment or evaluation information requested from the USOE.

 

R277-525-4. Board/USOE Responsibilities.

A. The Board shall annually review this program and determine, based upon the annual appropriation, the number of special education days that shall be funded.

B. To simplify accounting and evaluation requirements for school districts and charter schools, the USOE shall:

(1) provide model tracking and accounting materials to school districts and charter schools before June 1, 2008.

(2) provide a checklist of appropriate duties or tasks for special educators consistent with R277-525-1D.

(3) distribute funds to participating school districts and charter schools for eligible special educators on a semiannual basis.

(4) request and collect data regarding use of days for appropriate accountability and evaluation.

 

KEY: special educators, stipends

Date of Enactment or Last Substantive Amendment: 2008

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-17a-158