No. 43701 (Amendment): Rule R277-528. Use of Public Education Job Enhancement Program (PEJEP) Funds  

  • (Amendment)

    DAR File No.: 43701
    Filed: 05/03/2019 02:40:28 PM

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    Rule R277-528 was reviewed by the Utah State Board of Education (Board) and is being amended with technical and formatting changes.

    Summary of the rule or change:

    This rule has been amended with technical and formatting changes. There are no substantive changes made because the program has not been funded since FY 2011 and is scheduled to sunset on 07/01/2020.

    Statutory or constitutional authorization for this rule:

    Anticipated cost or savings to:

    the state budget:

    These rule changes are not expected to have a fiscal impact on state government revenues or expenditures. This rule governs the Public Education Job Enhancement Program as outlined in Section 53F-2-514. There are no substantive changes being made because the program has not been funded since FY 2011 and is scheduled to sunset on 07/01/2020. Thus, there is no fiscal impact to the state from the changes in this rule.

    local governments:

    These rule changes are not expected to have a fiscal impact on local governments' revenues or expenditures. This rule governs the Public Education Job Enhancement Program as outlined in Section 53F-2-514. There are no substantive changes being made because the program has not been funded since FY 2011 and is scheduled to sunset on 07/01/2020. Thus, there is no fiscal impact to local governments from the changes in this rule.

    small businesses:

    These rule changes are not expected to have a fiscal impact on small business revenues or expenditures. This rule governs the Public Education Job Enhancement Program as outlined in Section 53F-2-514. There are no substantive changes being made because the program has not been funded since FY 2011 and is scheduled to sunset on 07/01/2020. Thus, there is no fiscal impact to small businesses from the changes in this rule.

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

    These rule changes are not expected to have a fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule governs the Public Education Job Enhancement Program as outlined in Section 53F-2-514. There are no substantive changes being made because the program has not been funded since FY 2011 and is scheduled to sunset on 07/01/2020. Thus, there is no fiscal impact to other individuals from the changes in this rule.

    Compliance costs for affected persons:

    There are no compliance costs for affected persons.

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

    There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). Thus, these rule changes are not expected to have any fiscal impact on non-small businesses' revenue or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenues for non-small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis.

    Sydnee Dickson, State Superintendent

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

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

    Direct questions regarding this rule to:

    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:

    07/01/2019

    This rule may become effective on:

    07/08/2019

    Authorized by:

    Angela Stallings, Deputy Superintendent of Policy

    RULE TEXT

    Appendix 1: Regulatory Impact Summary Table*

    Fiscal Costs

    FY 2020

    FY 2021

    FY 2022

    State Government

    $0

    $0

    $0

    Local Government

    $0

    $0

    $0

    Small Businesses

    $0

    $0

    $0

    Non-Small Businesses

    $0

    $0

    $0

    Other Person

    $0

    $0

    $0

    Total Fiscal Costs:

    $0

    $0

    $0





    Fiscal Benefits




    State Government

    $0

    $0

    $0

    Local Government

    $0

    $0

    $0

    Small Businesses

    $0

    $0

    $0

    Non-Small Businesses

    $0

    $0

    $0

    Other Persons

    $0

    $0

    $0

    Total Fiscal Benefits:

    $0

    $0

    $0





    Net Fiscal Benefits:

    $0

    $0

    $0

     

    *This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

     

    Appendix 2: Regulatory Impact to Non - Small Businesses

    There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). Thus, these rule changes are not expected to have any fiscal impact on non-small businesses' revenue or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenues for non-small businesses.

     

    The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis.

     

     

    R277. Education, Administration.

    R277-528. Use of Public Education Job Enhancement Program (PEJEP) Funds.

    [R277-528-1. Authority and Purpose.

    A. The rule is authorized by Article X, Section 3 of the Utah Constitution, which places general control and supervision of the public schools under the Board; Subsection 53F-2-514(3)(c)(ii), which requires the Board to make a rule that provides for repayment of a portion of the initial payment by the teacher if the teacher fails to complete the Program with exceptions; Subsection 53F-2-514(5)(b), which directs the Board to develop criteria for PEJEP awards; and Subsection 53E-3-401(4) which allows the Board to adopt rules in accordance with its responsibilities.

    B. The purpose of this rule is to provide standards and procedures for ongoing participation in PEJEP.

     

    R277-528-2. Definitions.

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

    B. "Council for Accreditation of Educator Preparation (CAEP)" is a nationally recognized organization which provides accreditation of professional teacher education programs in institutions offering baccalaureate and graduate degrees for the preparation of K-12 teachers.

    C. "National Council for Accreditation of Teacher Education (NCATE)" is a nationally recognized organization which accredits the education units providing baccalaureate and graduate degree programs for the preparation of teachers and other professional personnel for elementary and secondary schools.

    D. "PEJEP awards" means awards granted to eligible PEJEP participants that satisfy the purposes of the original PEJEP funding and USOE documentation requirements.

    E. "Public Education Job Enhancement Program (PEJEP)" means a program authorized under Subsection 53F-2-514(2).

    F. "Teacher Education Accreditation Council (TEAC)" is a nationally recognized organization which provides accreditation of professional teacher education programs in institutions offering baccalaureate and graduate degrees for the preparation of K-12 teachers.

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

     

    R277-528-3. PEJEP Participants.

    A. PEJEP participants shall commit to required courses for advanced degrees and endorsements consistent with Subsection 53F-2-514(2).

    B. Qualified Utah institutions of higher education shall be reimbursed for the tuition for eligible PEJEP participants.

    C. PEJEP participants shall receive textbook reimbursements directly.

    D. PEJEP participants shall provide documentation annually, by October 1, to the USOE, demonstrating full-time employment as educators during the previous school year.

    E. If a PEJEP participant changes employers, leaves public education, or moves from the state, he shall notify the USOE immediately. The USOE may require repayment or partial repayment, consistent with Subsection 53F-2-514(3)(c)(ii).

    F. PEJEP participants shall notify the USOE of the participants' satisfaction of their teaching commitment at the conclusion of their Program.

     

    R277-528-4. University Program Eligibility.

    A. A Utah higher education institution (university) program that provides licensure and endorsements in areas outlined in Subsection 53F-2-514(2) shall be eligible to receive tuition reimbursement for eligible PEJEP participants.

    B. University endorsement or education programs that desire to enroll PEJEP participants shall meet the following minimum requirements:

    (1) provide documentation to the USOE of university program accreditation by NCATE/TEAC/CAEP;

    (2) provide to the USOE an overview of the university endorsement program including:

    (a) program requirements and eligibility standards for participants;

    (b) a screening process for prospective participants;

    (c) course syllabi; and

    (d) a yearly evaluation of the program.

    C. The USOE may determine the eligibility of university programs on an annual basis.

    D. The USOE shall reimburse tuition directly to university programs for PEJEP participants.

     

    R277-528-5. Evaluation.

    A. The USOE shall maintain records of PEJEP award participants.

    B. The USOE shall prepare an annual report for the Board that demonstrates use of PEJEP funding consistent with the intent of original PEJEP legislation.]

    R277-528-1. Authority and Purpose.

    (1) This rule is authorized by:

    (a) Article X, Section 3 of the Utah Constitution, which places general control and supervision of public education in the Board;

    (b) Subsection 53E-3-401(4) which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state;

    (c) Subsection 53F-2-514(3)(c)(ii) which requires the Board to make a rule that provides for repayment of a portion of the initial payment by the teacher if the teacher fails to complete the university program with exceptions; and

    (d) Subsection 53F-2-514(5)(b) which directs the Board to develop criteria for PEJEP awards.

    (2) The purpose of this rule is to provide standards and procedures for ongoing participation in PEJEP.

     

    R277-528-2. Definitions.

    (1) "Council for Accreditation of Educator Preparation" or "(CAEP)" is a nationally recognized organization that accredits professional teacher education programs in institutions offering baccalaureate and graduate degrees for K-12 teachers.

    (2) "PEJEP award" means an award granted to an eligible PEJEP participant pursuant to Section 53F-2-514 and R277-528.

    (3) "PEJEP Participant" means a qualified teacher with an approved application pursuant to Section 53F-2-514 and R277-528;

    (4) "Public Education Job Enhancement Program (PEJEP)" means the program authorized under Subsection 53F-2-514(2).

     

    R277-528-3. PEJEP Participants.

    (1) If an application is filed on behalf of a qualified teacher pursuant to Subsection 53F-2-514(3)(a) and approved by the Superintendent, the PEJEP participant shall:

    (a) commit to required courses for advanced degrees and endorsements consistent with Subsection 53F-2-514(2);

    (b) provide documentation annually, by October 1, to the Superintendent, demonstrating full-time employment as an educator during the previous school year;

    (c) notify the Superintendent of the participant's satisfaction of the participant's four year teaching commitment as described by Subsection 53F-2-514(3); and

    (d) provide required documentation to receive textbook reimbursements which will be reimbursed directly to the PEJEP participant by the Superintendent.

    (2) If a PEJEP participant changes employers, leaves public education, or moves from the state, the Superintendent may require repayment or partial repayment, consistent with Subsection 53F-2-514(3).

     

    R277-528-4. University Program Eligibility.

    (1) A university program that provides licensure and endorsements in the areas outlined in Subsection 53F-2-514(2) and meets the criteria of this section shall be eligible to receive tuition reimbursement for a PEJEP participant.

    (2) To be an eligible university program, the university shall:

    (a) be a Utah institution of higher education;

    (b) provide documentation to the Superintendent of the university's program accreditation by CAEP; and

    (c) provide to the Superintendent an overview of the university's endorsement program including:

    (i) program requirements and eligibility standards for participants;

    (ii) a screening process for prospective participants;

    (iii) course syllabi; and

    (iv) a yearly evaluation of the program.

    (3) The Superintendent may determine the eligibility of a university's program on an annual basis.

    (4) The Superintendent shall reimburse tuition directly to an eligible university's program for a PEJEP participant.

     

    R277-528-5. Evaluation.

    (1) The Superintendent shall maintain records of PEJEP award participants.

    (2) The Superintendent shall prepare an annual report for the Board that demonstrates use of PEJEP funding consistent with Section 53F-2-514 and.

     

    KEY: educators, awards

    Date of Enactment or Last Substantive Amendment: [March 10, 2014]2019

    Notice of Continuation: February 8, 2019

    Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53F-2-514; 53E-3-401(4)


Document Information

Effective Date:
7/8/2019
Publication Date:
06/01/2019
Type:
Notices of Proposed Rules
Filed Date:
05/03/2019
Agencies:
Education, Administration
Rulemaking Authority:

Subsection 53F-2-514(3)(c)(ii)

Article X Section 3

Subsection 53E-3-401(4)

Subsection 53F-2-514(5)(b)

Authorized By:
Angela Stallings, Deputy Superintendent of Policy
DAR File No.:
43701
Summary:

This rule has been amended with technical and formatting changes. There are no substantive changes made because the program has not been funded since FY 2011 and is scheduled to sunset on 07/01/2020.

CodeNo:
R277-528
CodeName:
{31906|R277-528|R277-528. Use of Public Education Job Enhancement Program (PEJEP) Funds}
Link Address:
EducationAdministration250 E 500 SSALT LAKE CITY, UT 84111-3272
Link Way:

Angela Stallings, by phone at 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@schools.utah.gov

AdditionalInfo:
More information about a Notice of Proposed Rule is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2019/b20190601.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. Text to be deleted is struck through and surrounded by brackets ([example]). Text ...
Related Chapter/Rule NO.: (1)
R277-528. Use of Public Education Job Enhancement Program (PEJEP) Funds