Utah Department of Administrative Services Division of Administrative Rules

Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since September 1, 2014, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R686. Professional Practices Advisory Commission, Administration.

Rule R686-105. Drug Related Offenses.

As in effect on September 1, 2014

Table of Contents

R686-105-1. Definitions.

A. "Applicant" means an individual seeking a clearance of a criminal background check pursuant to approval for an education license at any stage of the licensing process from the USOE.

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

C. "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.

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

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

F. "Licensed educator" means an individual issued a teaching or administrative credential, including endorsements, issued by the Board to signify authorization for the person holding the license to provide professional services in the Utah's public schools.

G. "Utah Professional Practices Advisory Commission (UPPAC)" means an advisory commission established to assist and advise the Board in matters relating to the professional practices of educators, as established under Section 53A-6-301.

R686-105-2. Authority and Purpose.

A. This rule is authorized by Section 53A-6-306(1)(a) which directs UPPAC 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.

R686-105-3. Action by UPPAC if a Licensed Educator Has Been Convicted of an Drug Related Offense.

A. If as a result of a background check, it is discovered that a licensed 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, UPPAC 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, UPPAC 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, UPPAC shall send a letter of reprimand to the educator and a copy of the letter of reprimand to the educator's employer and UPPAC 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, UPPAC 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, UPPAC 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, UPPAC shall recommend suspension of the educator's license to the Board.

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

R686-105-4. UPPAC Action Towards an Individual Who Does Not Hold Licensing.

If as a result of a background check, it is discovered that an individual inquiring about educator licensing, seeking information about educator licensing, 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 UPPAC clearance for a period of one year from the date of the arrest.

B. Two convictions--the individual shall be denied UPPAC 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 UPPAC clearance shall be considered.

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

R686-105-5. Previous Clearance.

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

KEY

educators, disciplinary actions

Date of Enactment or Last Substantive Amendment

September 10, 2013

Notice of Continuation

May 16, 2013

Authorizing, Implemented, or Interpreted Law

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


Additional Information

Contact

For questions regarding the content or application of rules under Title R686, please contact the promulgating agency (Professional Practices Advisory Commission, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.