Rule R686-102. Drug Related Offenses.

As in effect on August 1, 2009

Table of Contents

• R686-102-1. Definitions.
• R686-102-2. Authority and Purpose.
• R686-102-3. Action by the Commission if a Certificated Educator Has Been Convicted of an Drug Related Offense.
• R686-102-4. Commission Action Towards an Individual Who Does Not Hold Certification.
• R686-102-5. Previous Clearance.
• KEY
• Date of Enactment or Last Substantive Amendment
• Notice of Continuation
• Authorizing, Implemented, or Interpreted Law

R686-102-1. Definitions.

A. "Commission" means the Professional Practices Advisory Commission.

B. "Drug related offense" means any offense designated in Section 58-37 through 37e.

C. "Drug" means any controlled substance designated as such in Section 58-37-4.

D. "Certificated educator" means an individual issued a certificate by the State Board of Education authorizing the certificate-holder to work in the Utah public school system.

E. "Conviction" means the final disposition of a judicial action for a drug related offense defined under 58-37 through 37e. It includes no contest pleas, pleas in abeyance, expunged convictions and drug related offenses that are plead down to lesser convictions.

R686-102-2. 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 establish procedures for disciplining educators regarding drug related offenses.

R686-102-3. Action by the Commission if a Certificated Educator Has Been Convicted of an Drug Related Offense.

A. If as a result of a background check, it is discovered that a certificated educator has been convicted of a drug related offense in the previous ten years, the following minimum conditions shall apply:

(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 treatment following the second conviction.

(a) 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 treatment, the Commission shall send a letter of warning to the educator.

(b) 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 treatment, the Commission shall send a letter of reprimand to the educator and a letter to the district with notice of treatment.

(c) 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 treatment, the Commission shall send a letter of reprimand to the educator and a copy of the letter of reprimand to the educator's employer and the Commission may initiate an investigation of the educator based upon the drug offenses.

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

(a) If the most recent conviction was more than five years prior to the discovery of the conviction(s) and the educator provides documentation of clinical treatment, the Commission shall send a letter of warning to the educator.

(b) 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 treatment, the Commission shall send a letter of reprimand to the educator and send a copy of the letter of reprimand to the educator's employer.

(c) 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 treatment, the Commission shall recommend suspension of the educator's certificate to the Board.

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

R686-102-4. Commission Action Towards an Individual Who Does Not Hold Certification.

If as a result of a background check, it is discovered that an individual inquiring about teacher certification, seeking information about teacher certification, or placed in a public school for a variety of purposes has been convicted of an drug related offense within ten years of the date of the background check, the following minimum conditions shall apply:

A. One conviction--the individual shall be denied approval of Commission clearance for a period of one year from the date of the arrest.

B. Two convictions--the individual shall be denied approval of Commission clearance for a period of three years from the date of the most recent arrest and the applicant shall present documentation of clinical treatment before Commission clearance shall be considered.

C. Three convictions--the individual shall be denied approval of Commission clearance for a period of five years from the date of the most recent arrest. The Commission shall require the applicant to present documentation of clinical treatment and may recommend denial of clearance.

R686-102-5. Previous Clearance.

If the applicant or certificated educator presents documentation to the Commission that recently discovered conviction(s) have previously been addressed by the Commission, the Commission need not reconsider the conviction(s) absent additional convictions of the applicant or certificated educator.

KEY

teachers, disciplinary actions

Date of Enactment or Last Substantive Amendment

August 15, 1998

Notice of Continuation

June 2, 2008

Authorizing, Implemented, or Interpreted Law

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