No. 39387 (New Rule): Rule R277-205. Alcohol Related Offenses

(New Rule)

DAR File No.: 39387
Filed: 05/15/2015 09:02:40 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 345, Education Abuse Policy, 2015 General Session, changed the rulemaking authority from the Utah Professional Practices Advisory Commission (UPPAC) to the Utah State Board of Education. Rule R277-205 is created in response to the legislation and because UPPAC rules (Title R686) are being repealed. (DAR NOTE: The proposed repeal of Rule R686-100 under DAR No. 39389, Rule R686-101 under DAR No. 39390, Rule R686-102 under DAR No. 39391, Rule R686-103 under DAR No. 39392, Rule R686-104 under DAR No. 39393, and Rule R686-105 under DAR No. 39394 are in this issue, June 1, 2015, of the Bulletin.)

Summary of the rule or change:

Rule R277-205 establishes procedures for disciplining educators regarding alcohol-related offenses.

State statutory or constitutional authorization for this rule:

• Art X Sec 3
• Section 53A-6-306
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

It is anticipated that there is likely no cost or savings to the state budget. Procedures in this rule are similar to procedures in Rule R686-104.

local governments:

It is anticipated that there is likely no cost or savings to local government. Procedures in this rule are similar to procedures in Rule R686-104.

small businesses:

It is anticipated that there is likely no cost or savings to small businesses. Procedures in this rule are similar to procedures in Rule R686-104.

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

It is anticipated that there is likely no cost or savings to persons other than small businesses, businesses, or local government entities. Procedures in this rule are similar to procedures in Rule R686-104.

Compliance costs for affected persons:

There are likely no compliance costs for affected persons. Procedures in this rule are similar to procedures in Rule R686-104.

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

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Brad C. Smith, 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:

• Benjamin Rasmussen 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:

07/01/2015

This rule may become effective on:

07/08/2015

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-205. Alcohol Related Offenses.

R277-205-1. Authority and Purpose.

A. This rule is authorized under Utah Constitution Article X, Section 3 which vests general control and supervision over public education in the Board, by Section 53A-6-306 which directs the Board to adopt rules regarding UPPAC duties and procedures, and by 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 procedures for disciplining educators regarding alcohol related offenses.

C. The standards and procedures of the Utah Administrative Procedures Act do not apply to this rule under the exemption of Section 63G-4-102(2)(d).

 

R277-205-2. Action by the Board if a Licensed Educator Has Been Convicted of an Alcohol Related Offense.

A. If as a result of a background check, it is discovered that a licensed educator has been convicted of an alcohol related offense in the previous five years, UPPAC shall adhere to the following minimum conditions:

(1) One conviction--a letter shall be sent to the educator informing the educator of the provisions of this rule;

(2) Two convictions--a letter shall be sent to the educator informing the educator of the provisions of this rule and requiring documentation of clinical assessment and recommended treatment following the second conviction;

(3) If the most recent conviction was more than three years prior to the discovery of the conviction(s) and the educator provides documentation of clinical assessment and recommended treatment, UPPAC shall recommend that the Board send a letter of warning to the educator;

(4) If the most recent conviction was less than three years prior to the discovery of the conviction(s) and the educator provides documentation of clinical assessment and recommended treatment, UPPAC shall recommend that the Board send a letter of reprimand to the educator and a letter to the district, if employed;

(5) If the most recent conviction was less than three years prior to the discovery of the conviction(s) and the educator provides no documentation of clinical assessment and recommended treatment, UPPAC or the Board may initiate an investigation of the educator based upon the alcohol offenses;

(6) Three convictions--a letter shall be sent to the educator informing the educator of the provisions of this rule and requiring documentation of clinical assessment and recommended treatment following the third conviction;

(7) If the most recent conviction was more than three years prior to the discovery of the conviction(s) and the educator provides documentation of clinical assessment and recommended treatment, UPPAC shall recommend that the Board send a letter of warning to the educator;

(8) If the most recent conviction was less than three years prior to the discovery of the conviction(s) and the educator provides documentation of clinical assessment and recommended treatment, UPPAC shall recommend that the Board send a letter of reprimand to the educator and send a copy of the letter of reprimand to the educator's employer; and

(9) If the most recent conviction was less than three years prior to the discovery of the conviction(s) and the educator provides no documentation of clinical assessment and recommended treatment, UPPAC shall recommend suspension of the educator's license to the Board, subject to the educator's right to a hearing under R277-202.

B. This rule does not preclude more serious or additional action by the Board against an educator for other related or unrelated offenses.

 

R277-205-3. Board Action Toward Individuals Who Do Not Hold Licensing.

If as a result of a background check, it is discovered that an individual inquiring about educator licensing, seeking information about educator licensing, or placed in a public school for any purpose requiring a background check, has been convicted of an alcohol related offense within five years of the date of the background check, the following minimum conditions shall apply:

A. one conviction--the individual shall be denied Board clearance for a period of one year from the date of the arrest;

B. two convictions--the individual shall be denied Board clearance for a period of two years from the date of the most recent arrest and the applicant shall present documentation of clinical assessment and recommended treatment before Board clearance shall be considered; and

C. three convictions-the Board may require the applicant to present documentation of clinical assessment and recommended treatment and may deny clearance.

 

KEY: educators, disciplinary actions, alcohol, background check

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-6-306; 53A-1-401(3)

 

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