DAR File No. 31016

Professional Practices Advisory Commission, Administration

R686-103

Professional Practices and Conduct for Utah Educators

NOTICE OF PROPOSED RULE

DAR File No.: 31016
Filed: 02/20/2008, 12:43
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is repealed because the Utah State Board of Education has adopted a rule regarding Utah educator standards that replaces this rule originally from the Utah Professional Practices Advisory Commission.

Summary of the rule or change:

This action repeals the rule in its entirety.

State statutory or constitutional authorization for this rule:

Subsection 53A-6-306(1)(a)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The rule is being repealed because it has been replaced with another rule with similar and more inclusive standards.

local governments:

There are no anticipated costs or savings to local government. The rule is being repealed because it has been replaced with another rule with similar and more inclusive standards.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses and persons other than businesses. The rule is being repealed because it has been replaced with another rule with similar and more inclusive standards.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The rule is being repealed because it has been replaced with another rule with similar and more inclusive standards.

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

There is 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:

Professional Practices Advisory Commission
Administration
250 E 500 S
SALT LAKE CITY UT 84111

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 carol.lear@schools.utah.gov

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:

04/14/2008

This rule may become effective on:

04/21/2008

Authorized by:

Carol Lear, Director, School Law and Legislation

R686. Professional Practices Advisory Commission, Administration.

[R686-103. Professional Practices and Conduct for Utah Educators.

R686-103-1. Definitions.

A. "Basic Administrative/Supervisory License" means the initial certificate issued by the Board which permits the holder to be employed in a public school position which requires administration or supervision of kindergarten, elementary, middle, or secondary levels.

B. "Commission" means the Utah Professional Practices Advisory Commission as defined and authorized under Section 53A-6-301 et seq.

C. "Competent" means an educator who is duly qualified, is skillful, and meets all the legal requirements of the educator's position.

D. "Educator" means a licensed person who is paid on the teachers or administrators salary schedule and whose primary function is to provide instructional, counseling or administrative services in the public schools or administrative offices as assigned.

E. "Inappropriate" means conduct by an educator toward a student or minor that is unjustifiable because:

(1) the conduct is illegal;

(2) the conduct is inconsistent with Utah State Board of Education or Commission Administrative Rules; or

(3) the conduct is inconsistent with the special position of trust of an educator.

F. "Sexual contact" means:

(1) the intentional touching of any sexual or intimate part of an individual;

(2) causing, encouraging, or permitting an individual to touch any sexual or intimate part of another; or

(3) any physical conduct of a sexual nature directed at an individual.

G. "Sexual harassment" means any repeated or unwarranted verbal or physical advances, sexually explicit derogatory statements, or sexually discriminatory or explicit visual material or remarks made or displayed by an individual which is offensive or objectionable to the recipient or which causes the recipient discomfort or humiliation.

 

R686-103-2. Authority and Purpose.

A. This rule is authorized by Section 53A-6-306(1)(a) which directs the Commission to adopt rules to carry out its responsibilities under the law.

B. The purpose of this rule is to provide for competent practices and standards of moral and ethical conduct for educators in order to serve the needs of Utah students and to maintain the dignity of the education profession in the state of Utah.

 

R686-103-3. Commission Action if a Licensed Educator Violates the Provisions of Professional Practice and Conduct for Utah Educators.

A. The individual conduct of a professional educator at all levels reflects upon the practices, values, integrity and reputation of the Utah educational profession as a whole. Violation of this rule may result in the following:

(1) A disciplinary letter that may affect the educator's ability to obtain employment as an educator;

(2) A letter of reprimand that would be placed in the educator's certification file and in the personnel file(s) of the district(s) where the educator is employed or seeks employment;

(3) A designated period of probationary status for a license holder. The probation may be for a specific or indefinite time period;

(4) Suspension of the educator's license(s) that would prevent the educator from practicing education in the state of Utah or other states during the period of suspension; and

(5) Revocation of the educator's license(s) for a minimum of five years.

B. This rule does not preclude alternative action by the Commission consistent with Utah law and Utah State Board of Education rules warranted under the facts of the case.

 

R686-103-4. Professionalism in Employment Practices.

An educator acting consistent with professional practices and standards shall:

A. assist only qualified persons, as defined by Utah law and Utah State Board of Education rules, to enter or continue in the education profession;

B. employ only persons qualified or licensed appropriately for positions, except as provided under R277-511;

C. document professional misconduct of other educators under the educators' direction as set forth in the law or this rule and take appropriate action based upon the misconduct. Such action shall include supervision or termination of employment when necessary to protect the physical or emotional well-being of students and employees and to protect the integrity of the profession, or both;

D. not personally falsify or direct another person to falsify records or applications of any type;

E. not recommend for employment in another district an educator who has been disciplined for unprofessional or unethical conduct or who has not met minimum professional standards in a current or previous assignment, consistent with Section 34-42-1;

F. adhere to the terms of a contract or assignment unless health or emergency issues requires vacating the contract or assignment. Persons shall in good faith comply with penalty provisions;

G. accept an educational employment assignment only if the educator has the appropriate certification required for that particular employment assignment except as provided for under R277-511 and shall provide only true and accurate pre-employment information or documentation;

H. recommend for employment or continuance of employment only persons who are licensed for the position; and

I. maintain confidentiality, consistent with the law, regarding students and colleagues.

J. act consistent with Section 67-16-1 through 14, Utah Public Employees Ethics Act.

 

R686-103-5. Competent Practices.

An educator shall:

A. adhere to federal and state laws, State Board of Education Administrative rules, local board policies and specific directives from supervisors regarding educational practices at school and school-related activities; and

B. exercise good judgment and prudence in the educator's personal life to avoid the impairment of the educator's professional effectiveness and respect the cultural values and standards of the community in which the educator practices.

 

R686-103-6. Competent Practice Related to Students.

An educator shall:

A. develop and follow objectives related to learning, organize instruction time consistent with those objectives, and adhere to prescribed subject matters and curriculum.

B. deal with each student in a just and considerate manner.

C. resolve disciplinary problems according to law and school board policy and local building procedures;

D. maintain confidentiality concerning a student unless a revelation of confidential information serves the best interest of the student and serves a lawful purpose;

E. not exclude a student from participating in any program, deny or grant any benefit to any student on the basis of race, color, creed, sex, national origin, marital status, political or religious beliefs, physical or mental conditions, family, social, or cultural background, or sexual orientation, and may not engage in a course of conduct that would encourage a student to develop a prejudice on these grounds or any others;

F. impart to students principles of good citizenship and societal responsibility by directed learning as well as by personal example;

G. cooperate in providing all relevant information and evidence to the proper authorities in the course of an investigation by a law enforcement agency or by Child Protective Services regarding criminal activity. However, an educator shall be entitled to decline to give evidence against himself in any such investigation if the same may tend to incriminate the educator as that term is defined by the Fifth Amendment of the U.S. Constitution;

H. take appropriate action to prevent student harassment;

I. follow appropriate instructions and protocols in administering standardized tests to students consistent with Section 53A-1-608; and

J. supervise students appropriately consistent with district policy and the age of the student.

 

R686-103-7. Moral and Ethical Conduct.

An educator shall:

A. not be convicted of domestic violence or abuse, including physical, sexual, and emotional abuse of any family member;

B. not be convicted of a stalking crime;

C. not use or distribute illegal drugs, or be convicted of any crime related to illegal drugs;

D. not be convicted of any illegal sexual conduct;

E. not attend school or school functions under the influence of illegal drugs, alcohol, or prescription drugs if the drug impairs the educator's ability to perform regular activities;

F. not participate in sexual, physical, or emotional harassment or any combination toward any student or co-worker, nor knowingly allow harassment to continue;

G. not participate in inappropriate sexual contact with a student or minor;

H. not knowingly fail to protect a student from any condition detrimental to that student's physical health, mental health, safety, or learning;

I. not harass or discriminate against a student or co-worker on the basis of race, color, creed, sex, national origin, marital status, political or religious beliefs, physical or mental conditions, family, social, or cultural background, or sexual orientation;

J. not interfere with the legitimate exercise of political and civil rights and responsibilities of colleagues or a student acting consistently with law and district and school policies;

K. not threaten, coerce, discriminate against, or create a hostile environment toward any fellow employee, regardless of employment classification, who reports or discloses to a governing agency actual or suspected violations of law, educational regulations, or standards;

L. conduct financial business with integrity by honestly accounting for all funds committed to the educator's charge and collect and report funds consistent with school and district policy;

M. not accept gifts or exploit a professional relationship for gain or advantage that might create the appearance of impropriety or that may impair professional judgment, consistent with Section 67-16-1 through 14, Utah Public Employees Ethics Act;

N. not use or attempt to use district or school computers or information systems in violation of the district's acceptable use policy for employees or access information that may be detrimental to young people or inconsistent with the educator's role model responsibility; and

O. not knowingly possess, while at school or at any school-related activity, any non-curriculum related sexually oriented material in any form.

 

KEY: disciplinary actions, educators

Date of Enactment or Last Substantive Amendment: September 2, 2004

Notice of Continuation: May 5, 2004

Authorizing, and Implemented or Interpreted Law: 53A-6-306(1)(a)]