DAR File No. 32417

Education, Administration

R277-433

Disposal of Textbooks in the Public Schools

NOTICE OF PROPOSED RULE

DAR File No.: 32417
Filed: 03/02/2009, 02:31
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to allow school districts to work directly with each other in compiling and distributing a list of available useable textbooks each year enabling a more effective and efficient process.

Summary of the rule or change:

The amendment allows school districts to communicate directly with each other in sharing or disposing of textbooks.

State statutory or constitutional authorization for this rule:

Section 53A-12-207

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Allowing school districts to communicate with each other directly and electronically streamlines the process.

local governments:

There are no anticipated costs or savings to local government. School districts will be able to dispose of textbooks in a more effective and efficient manner.

small businesses and persons other than businesses:

There are no anticipate costs or savings to small businesses AND persons other than businesses. The rule and amendment only apply to school districts.

Compliance costs for affected persons:

There are no compliance costs for affected persons. School districts will be able to dispose of textbooks in a more effective and efficient manner.

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

I have reviewed this rule and I see 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:

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 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:

04/14/2009

This rule may become effective on:

04/21/2009

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-433. Disposal of Textbooks in the Public Schools.

R277-433-2. Authority and Purpose.

A. This rule is authorized by [Article X, Section 3 of the ]Utah Constitution, Article X, Section 3 which places general control and supervision of the public school system under the Board and by Section 53A-12-207[, U.C.A. 1953,] which requires the USOE to make rules providing for the disposal or reuse of textbooks in the public schools.

B. The purpose of this rule is to [facilitate]provide procedures for school district and charter school policies for the reuse or disposal of textbooks in the public schools.

 

R277-433-3. School District and Charter School Policies on Disposal [Procedure]of Textbooks.

A. [Public school districts shall notify the USOE in writing by April 1 of each year of their intent to dispose of useable textbooks]School districts and charter schools shall develop policies regarding the reuse or disposal of textbooks.

B. [The USOE shall compile and distribute to all public school districts a list of available useable textbooks by June 1 of each year.]School district and charter school policies shall provide procedures for notification to other school districts and charter schools of available textbooks and timelines for disposal of textbooks.

C. [A school district or a school that desires to obtain books from another school district shall notify the district that owns the books within four months of the publication and distribution of the books-available list.

D. ]School[s and school districts are responsible] districts and charter school policies shall provide procedures for negotiating the exchange of the textbooks.

[

R277-433-4. Final Disposal of Textbooks.

If a school district does not receive timely notice, as defined above, of another district's interest in available books, the local district may dispose of the books consistent with district policy.]

 

KEY: textbooks

Date of Enactment or Last Substantive Amendment: [1991]2009

Notice of Continuation: September 6, 2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-12-207