No. 42698 (Amendment): Rule R277-508. Employment of Substitute Teachers

(Amendment)

DAR File No.: 42698
Filed: 03/15/2018 05:07:28 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies.

Summary of the rule or change:

This rule was due for its five-year review and continuation. The Utah State Board of Education has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies.

Statutory or constitutional authorization for this rule:

• Subsection 53E-3-501(1)(a)
• Art X Sec 3
• Subsection 53E-3-401(4)

Anticipated cost or savings to:

the state budget:

These rule changes are not estimated to have any fiscal impact on the state budget because it deals with the employment of substitute teachers and does not require any expenditures.

local governments:

These rule changes are not estimated to have any fiscal impact on local governments because it deals with the employment of substitute teachers and does not require any expenditures.

small businesses:

These rule changes are not estimated to have any fiscal impact on small businesses because it deals with the employment of substitute teachers and does not require any expenditures.

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

These rule changes are not estimated to have fiscal impact on persons other than small businesses, businesses, or local government entities because it deals with the employment of substitute teachers and does not require any expenditures.

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:

These rule changes are not estimated to have a fiscal impact. There are 1,226 entities with a NAICS code 611110 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 public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with the employment of substitute teachers and does not require any expenditures or generate any revenues for large businesses. This rule was due for its five-year review and continuation. The Utah State Board of Education has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes add additional clarity by specifying that local education agencies (LEAs) shall give third priority in hiring substitute teachers with a college degree rather than stating it is desirable that a substitute hold a valid license or a college degree. These rule changes also specify that evaluation of substitutes by LEAs is periodic. These rule changes are not expected to have a fiscal impact on LEAs either as it mainly provides technical and stylistic changes rather than a change in policy.

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:

• Angela Stallings at the above address, by phone at 801-538-7656, 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:

05/01/2018

This rule may become effective on:

05/08/2018

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

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 above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with the employment of substitute teachers and does not require any expenditures of or generate any revenues for large businesses.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

R277-508. Employment of Substitute Teachers.

R277-508-[2]1 . Authority and Purpose.

[A.](1) This rule is authorized by:

(a) Utah Constitution, Article X, Section 3 , which vests 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 law; and

(c) Subsection [53A-1-402(1)(a)]53E-3-501(1)(a), which directs the Board to make rules regarding the qualifications of educators and ancillary personnel providing direct student services[, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities].

[B.](2) The purpose of this rule is to establish eligibility requirements and employment procedures for substitute teachers.

 

R277-508-[1]2 . Definitions.

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

[B.](1) "Comprehensive Administration of Credentials for Teachers in Utah Schools [(CACTUS)]" or "CACTUS" means the electronic file maintained on all licensed Utah educators[. The file includes such as], which includes:

([1]a) personal directory information;

([2]b) educational background;

([3]c) endorsements;

([4]d) employment history;

([5]e) professional development information; and

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

[C.](2) "LEA" [mean a local education agency, including local school boards/public school districts, charter schools, and]includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

[D.](3) "License" means an authorization issued by the Board which permits the holder to serve in a professional capacity in [the]a Utah public school[s].

[E.](4) "Substitute teacher" means an individual employed to take the place of a regular teacher who is temporarily absent.

[F. "Temporarily absent" means a period not to exceed eight consecutive weeks.

 

R277-508-3. Duration of Teaching Assignment.

A. A substitute teacher may not serve in a teaching position for more than eight consecutive weeks in one academic year in either the same class or with the same group of students. Individuals serving in the same teaching position for longer than eight weeks shall hold an appropriate license or be replaced by a person with an appropriate license.

B. The State Superintendent of Public Instruction may grant exceptions to R277-508-3A, as appropriate, in special circumstances.]

 

R277-508-4. Hiring Priorities and Eligibility.

[A.](1) An LEA shall give [The] first priority in hiring substitute teachers [shall be given] to those who hold a valid license in the subject matter they will be teaching as a substitute.

(2) An LEA shall give [S]second priority [is] in hiring substitute teachers to [hire] persons who have a valid license in a field commonly taught in public schools.

(3) An LEA shall give third priority in hiring substitute teachers to persons with a college degree.

[B. It is desirable that a substitute teacher hold a valid license or a college degree.]

(3) An LEA shall evaluate [persons hired as substitutes]prospective substitute teachers to ensure that they are capable of managing a class and carrying out the instructional program.

[C.](4) A [Persons]person seeking employment as a substitute teacher shall furnish evidence as requested from the hiring LEA that [they are]the person is physically and mentally fit to work.

[D.](5)(a) An LEA[s] may not employ any individual as a substitute teacher whose license has been revoked or is currently suspended by the Board or [whose license has been revoked or is currently suspended by]the licensing entity of another [state]jurisdiction.[Individuals whose licenses have been reinstated may be considered for employment as substitute teachers.]

 

R277-508-5. Employment Procedures.

[A.](1) An LEA[s] shall establish policies for hiring substitute teachers , which shall include a requirement:

(a) [. An LEA's policy shall include obtaining]that the LEA's staff obtain verification from CACTUS that an applicant's license has not been revoked or suspended[.]; and

[B.](b) [An LEA shall require]for substitute teachers to have [periodic ]criminal background checks consistent with [an LEA's policy under]Rule R277-516[for employees that work directly with students].

[C.](2) An LEA[s] shall have a policy, which includes:

(a) [to evaluate]periodic evaluation of substitute teachers; and

(b) [including ]a salary schedule to pay substitute[s] teachers according to their training, experience, and competency.

[D.](3) A [R]regular teacher[s] shall have lesson plans immediately available for use by substitute teachers.

[E.](4) A student teacher may substitute in a class[es] consistent with the instructions and policies from the higher education institution which the student attends.

[F.] [Paraprofessionals]A paraprofessional[and aids] may substitute in a class[es] consistent with LEA [or school ]policies.

 

KEY: teachers, professional competency, school personnel

Date of Enactment or Last Substantive Amendment: [June 7, 2013]2018

Notice of Continuation: April 8, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; [53A-1-402(1)(a)]53E-3-501(1)(a); [53A-1-401(3)]53E-3-401

---