DAR File No. 27213

Education, Administration

R277-511

Eminence or Special Qualification Authorization for Teaching in the Public Schools

NOTICE OF PROPOSED RULE

DAR File No.: 27213
Filed: 06/01/2004, 03:22
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is repealed because the rule no longer reflects current state and/or federal law. Provisions and language consistent with current state and/or federal law have been incorporated into other rules.

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to state budget. Information from this rule has been incorporated into other licensing rules.

local governments:

There are no anticipated cost or savings to school districts. Information from this rule has been incorporated into other licensing rules.

other persons:

There are no anticipated cost or savings to other persons. Information from this rule has been incorporated into other licensing rules.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Information from this rule has been incorporated into other licensing rules.

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. Patrick Ogden, Interim 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:

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 clear@usoe.k12.ut.us

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:

07/15/2004

This rule may become effective on:

07/16/2004

Authorized by:

Carol Lear, Coordinator School Law and Legislation

RULE TEXT

R277. Education, Administration.

[R277-511. Eminence or Special Qualification Authorization for Teaching in the Public Schools.

R277-511-1. Definitions.

A. "Eminence" means distinguished superiority as compared with others in rank, status, character, and attainment or superior knowledge and skill in comparison with the generally accepted standards and achievements in the area in which the authorization is sought.

B. "Special qualification" means outstanding background in a subject or area, but not to the degree of eminence.

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

R277-511-2. Authority and Purpose.

A. This rule is authorized under Article X, Section 3 of the Utah Constitution which vests general control and supervision of public education in the Board, Section 53A-1-402(1)(a), U.C.A. 1953, which directs the Board to make rules regarding personnel who provide direct student services and Section 53A-1-401(3), U.C.A. 1953, which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to specify requirements which permit school districts to hire eminent and well qualified persons not holding teaching certificates to teach for a specified period in their field and receive compensation from the district.

R277-511-3. Authorization Requirements.

A. Upon the recommendation of a local board of education, the Board may issue an eminence or special qualification authorization to any person who has achieved eminence or outstanding qualification in a field taught in the public schools. The authorization permits teaching in the public schools in the subject area and at the level or levels approved by the Board as designated on the letter of authorization.

B. Eminence or special qualification authorizations are issued for a one-year period and are renewed for one-year periods by the Board only upon the request of the local board. There is no automatic renewal of eminence or special qualification authorizations.

C. No more than two percent of the certificated personnel of the district shall be holders of the eminence or special qualification authorization. In small districts at least two people may be allowed to hold the eminence or special qualification authorization.

R277-511-4. Teaching Assignments.

A. The local board of education shall verify that the person recommended for authorization has been given a limited assignment and responsibility in a specified field and will not teach more than two periods per day.

B. A person holding the authorization is delegated primary responsibility for planning, conducting, and evaluating the instruction activities, and does not serve in an education role which would not require certification or authorization.

KEY: professional competency, school personnel

1987

Notice of Continuation October 18, 2002

Art X Sec 3

53A-1-402(1)(a)

53A-1-401(3)]

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at clear@usoe.k12.ut.us

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.