DAR File No. 43448

Education, Administration

Rule R277-910

Underage Drinking Prevention Program

Notice of Proposed Rule

(New Rule)

DAR File No.: 43448
Filed: 12/14/2018 04:23:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to establish the criteria for selecting a provider for the Underage Drinking Prevention Program (Program) and general requirements of a local education agency (LEA) when offering the program.

Summary of the rule or change:

As required in Section 53G-10-406, the Utah State Board of Education (USBE) shall make rules establishing the criteria for selecting a provider of the Program and also require that LEAs offer this program to all students in Grades 7 or 8, and 9 or 10. This new rule is being created to comply with the statutory mandates.

Statutory or constitutional authorization for this rule:

• Article X Section 3
• Section 53G-10-406
• Subsection 53E-3-401(4)

Anticipated cost or savings to:

the state budget:

This new rule is not expected to have any fiscal impact on state government revenues or expenditures. The Program is funded through legislative appropriation for all LEAs and the administrative supported required at the USBE to fund the Program. No additional resources are required at the state level.

local governments:

This new rule is not expected to have any material impact on local governments' revenues or expenditures. The Program is funded through legislative appropriation for all LEAs and the administrative supported required at the USBE to fund the Program. No additional resources are required from LEAs.

small businesses:

This new rule and the associated legislation has resulted in the award of a contract, as a result of an RFP, for a statewide Program. The vendor awarded the contract will receive funds in accordance with their contract.

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

This new rule is not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). This proposed rule has no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

Sydnee Dickson, State Superintendent

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

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

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7550, 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:

01/31/2019

This rule may become effective on:

02/07/2019

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). This rule has no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

 

R277. Education Administration.

R277-910. Underage Drinking Prevention Program.

R277-910-1. Authority and Purpose.

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

(b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(c) Subsection 53G-10-406 which directs the Board to establish rules regarding:

(i) a requirement that an LEA offer the Underage Drinking Prevention Program each school year to each student in grade 7 or 8, and grade 9 or 10; and

(ii) the criteria for the board to use in selecting a provider for the Underage Drinking Prevention Program.

(2) The purpose of this rule is to establish the criteria for selecting a provider for the Underage Drinking Prevention Program and general requirements of an LEA when offering the program.

 

R277-910-2. Criteria for Selecting a Provider.

(1) The following criteria, along with the requirements found in 53G-10-406, shall be considered in selecting a provider for the Underage Drinking Prevention Program:

(a) a program that is evidence-based including peer reviewed journals, national registries, and research;

(b) a program that is focused on preventing underage consumption of alcohol through a curriculum, course, or program that is taught through multiple days of instruction and not a one-time presentation.

(c) a program that is delivered in the classroom by the classroom teacher or other trained professional;

(d) a program that addresses behavioral risk factors associated with underage drinking and integrates skills practice into the curriculum; and

(e) a program that aligns with the core standards of the Utah Public School system.

(2) The vendor of the Underage Drinking Prevention Program shall:

(i) have prior experience in successfully reducing underage drinking; and

(ii) be available for deployment beginning in the 2018-19 school year.

 

R277-910-3. Mandatory Offering of Underage Drinking Prevention Program.

(1) An LEA shall offer to each student in grades 7 or 8 and grades 9 or 10, respectively, the Underage Drinking Prevention Program procured by the Board.

(2) An LEA shall offer the Underage Drinking Prevention Program to students of the grades in subsection (1) of this section beginning in the 2018-19 school year.

 

R277-910-4. Reporting Requirements.

(1) An LEA shall report to the Superintendent annually regarding the general participation and deployment of the Underage Drinking Prevention Program.

(2) The report shall be made via the Annual Assurances Document described in R277-108 and shall include:

(a) if the Underage Drinking Prevention Program was offered to students each school year in grades 7 or 8 and in grades 9 or 10;

(b) the name of the course where the Underage Drinking Prevention Program was offered including if it was offered as a stand-alone course; and

(c) if the instructor has attended the one time training, including online state level training for the Underage Drinking Prevention Program.

 

KEY: underage drinking prevention, substance abuse, alcohol

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented, or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-10-406