DAR File No. 38299

Education, Administration

Rule R277-117

Utah State Board of Education Protected Documents

Notice of Proposed Rule

(Amendment)

DAR File No.: 38299
Filed: 02/13/2014 12:40:01 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-117 is amended to include language protecting records under the Utah Government Records Access and Management Act (GRAMA).

Summary of the rule or change:

Language is added regarding protected records under GRAMA.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-402(1)(e)(i)
• Subsection 53A-1-402(1)(c)(iii)
• Subsection 53A-1-402(1)(c)(iv)
• Subsection 53A-1-401(3)
• Subsection 63G-2-305(6)

Anticipated cost or savings to:

the state budget:

The amendments to this rule add language regarding Utah State Board of Education (USBE) protected records under GRAMA which likely will not result in a cost or savings to the state budget.

local governments:

The amendments to this rule add language regarding USBE protected records under GRAMA which likely will not result in a cost or savings to local government.

small businesses:

The amendments to this rule add language regarding USBE protected records under GRAMA which likely will not result in a cost or savings to small businesses.

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

The amendments to this rule add language regarding USBE protected records under GRAMA which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The amendments to this rule add language regarding Board protected records under GRAMA which likely will not result in any compliance costs.

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

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Martell Menlove, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

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 [email protected]

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:

03/31/2014

This rule may become effective on:

04/07/2014

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-117. Utah State Board of Education Protected Documents.

R277-117-1. Definitions.

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

B. "Request for proposal or RFP" means an official application or offer for services provided to the Board/USOE in response to an advertised opportunity to provide goods or services.

C. "RFP-like document" means a grant application or a proposal of any kind offered in response to a Board request for applicants to provide goods or services to public education.

D. "USOE" means the Utah State Office of Education.

 

R277-117-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and authority over public education in the Board, by Section 53A-1-402(1)(c)(iii) which requires the Board to set minimum standards for alternative and pilot programs, Section 53A-1-402(1)(c)(iv) which requires the Board to set minimum standards for curriculum and instruction requirements, Section 53A-1-402(1)(e)(i) which requires the Board to set minimum standards for school productivity and cost effectiveness measures, Section 63G-2-305(6) which allows the Board to protect records if the disclosure would impair government procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity consistent with other provisions of Section 63G-2-305 and Section 63G-2-309, and by Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purposes of this rule:

(1) is to maintain fairness, objectivity, efficiency and timeliness, as the Board fulfills constitutional and statutory directives to and responsibilities for Utah public schools and public school programs.

(2) to protect the integrity of proposal or bidding processes in order to provide fair and equal opportunities for vendors and service providers.

 

R277-117-3. Board Procedures in Preparing and Releasing RFP and RFP-like Proposals or Grants.

A. The Board or USOE staff acting for the Board shall act consistent with Section 63G-6-101 et seq. in advertising and soliciting services for Utah public schools unless the Board is specifically exempt from the procurement process in which case the Board shall continue to protect the integrity of a competitive process with the provisions of this rule.

B. The Board shall develop RFPs or RFP-like requests using the plain language of state statute(s) or federal regulation(s) that directs the Board to seek competitive or non-competitive applications or proposals for services that are funded through a public education appropriation to the Board.

C. The USOE, acting for the Board, shall use legislative intent to develop RFPs or RFP-like requests only when legislative intent is specifically written in state law, is passed by the State Legislature and is specific to the RFP in development.

D. The Board may request written information from legislators or legislative staff to explain the intent of individual bill sponsors; all written information received under [this section]R277-117-3 shall be public information.

E. Board members or USOE staff may seek at the Board's or staff's sole discretion, additional information and expertise to facilitate the development of an RFP. All information gathered under this provision shall be public information, including the source of the information, unless the records are specifically protected under Section 63G-2-305(17).

F. The Board may allow for public comment at Board meetings or Board committee meetings to discuss the legislative intent for RFPs.

 

R277-117-4. Confidentiality of RFP and RFP-like Proposals or Grants Prior to Release by the USOE.

A. The RFP or RFP-like proposal shall be a protected document under Section 63G-2-305(22) until the proposal is released by the USOE or a commercial distributor of an RFP specifically commissioned by the USOE.

B. USOE staff shall stamp or mark all draft RFP documents DRAFT until the final version of an RFP or RFP-like document is officially released for public review and response.

C. If an RFP process for which the Board is responsible is compromised, as determined by a vote of the Board if necessary, the proposal shall be void and the USOE shall begin a new RFP process.

D. A USOE employee who intentionally violates the provisions of this rule may be subject to employment discipline up to and including termination.

 

KEY: RFPs, grants, confidentiality

Date of Enactment or Last Substantive Amendment: [February 24, 2009]2014

Notice of Continuation: February 13, 2014

Authorizing, and Implemented or Interpreted Law: 53A-1-402(1[i])(c)(iii); 53A-1-402(1)(c)(iv); 53A-1-402(1)(e)(i); 53A-1-401(3)