DAR File No. 32647

Education, Administration

R277-733

Adult Education Programs

NOTICE OF PROPOSED RULE

DAR File No.: 32647
Filed: 05/01/2009, 02:45
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide for changes to the Adult Education Program budget formula in response to a State Legislative Audit on the Adult Education Program completed in August 2008.

Summary of the rule or change:

The amendments change the percentage and the criteria for which funds are allocated to local Adult Education programs consistent with findings from the State Legislative Audit of the Adult Education Program.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-402(1)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Funding is provided and distribted to eligible Adult Education programs based on student outcomes.

local governments:

There are minimal anticipated costs or savings to local government. Adult Education programs will continue to receive funding with increased funding based upon student outcomes. Some local programs will receive some increased funds for local Adult Education programs. Some programs will see reductions in local Adult Education program funds. Costs or savings are speculative.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses AND persons other than businesses. This rule is applicable to public education Adult Education programs.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Adult Education programs will continue to receive funding based upon student outcomes. There are no increased or reduced costs for individual Adult Education students.

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:

06/15/2009

This rule may become effective on:

06/22/2009

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-733. Adult Education Programs.

R277-733-5. Fiscal Procedures.

A. State funds appropriated for adult education are allocated in accordance with Section 53A-17a-119.

B. No eligible school district shall receive less than its portion of an [seven]eight percent base amount of the state appropriation if:

(1) instructional services approved by the USOE have been provided to eligible adult students during the preceding fiscal year; or

(2) the school district is preparing to offer such services--such a preparation period may not exceed two years.

C. Lapsing and nonlapsing funds

(1) Funds appropriated for adult education programs shall be subject to Board accounting, auditing, and budgeting rules.

(2) State adult education funds which are allocated to school district adult education programs and are not expended in a fiscal year may be carried over to the next fiscal year with written approval by the USOE. These funds may be considered in determining the school district's allocation for the next fiscal year. Carried over funds shall be expended within the next fiscal year. If funds are not expended, they shall be recaptured by the USOE on February 1 of each program year, and reallocated to other school district adult education programs based on need and effort as determined by the Board consistent with Section 53A-17a-119(3).

D. The USOE shall develop uniform forms, deadlines, program reporting and accounting procedures, and guidelines to govern the state (legislative) and federal AEFLA adult education funded programs. The Utah Adult Education Policy and Procedures Guide (updated annually) including forms, procedures and guidelines is available on the USOE adult education website.

 

R277-733-10. Allocation of Adult Education Funds.

Adult education state funds shall be distributed to school districts offering adult education programs consistent with the following:

A. Base amount distributed equally to each participating school district with a Board-approved adult education plan and budget - [7]eight percent of appropriation.

B. Enrollee[s] status students (not participants) [as defined in R277-733-1L ]- 25 percent of appropriation.

C. Contact hours (instructional and non-instructional) for both enrollee status students and participants - [16]18 percent of appropriation.

D. [Measurable outcomes, outlined below, based upon state funds, shall be distributed to school districts - 50 percent of appropriation as follows:

(1) number of enrollee status student ]Adult Education Secondary Diplomas or Utah High School Completion Diplomas, whichever is awarded first.[ awarded - 30 percent of the 50 percent available;

(2) number of enrollee certificates of GED awarded - 25 percent of the 50 percent available; Effective July 1, 2009, programs shall be funded based on the first obtained student outcomes; either a Utah High School Completion Diploma or Adult Education Secondary Diploma.]

[(3)]E. [number of e]Enrollee level gains: ESOL competency levels 1-6, ABE competency levels 1-4, and AHSC competency levels 1-2 - [30]20 percent[ of the 50 percent available;].

[(4)]F. [number of e]Enrollee adult education completed secondary credits - [15]nine percent[ of the 50 percent available].

[E]F. Supplemental support, to be distributed to school districts for special program needs or professional development, as determined by written request and USOE evaluation of need and approval - [2]three percent or balance of appropriation[, whichever is smaller].

(1) Any school district with pre-approved carryover adult education funds from the previous fiscal year may negotiate a request for supplemental funding as needed.

(2) [For the first quarter of the fiscal year (July through September) p]Priority of supplemental funding shall be given to school districts whose initial adult education allocation is less than [1]one percent of the state allotted total, as indicated on the state allocation table.

(3) Any balance of supplemental funds [after the first quarter of the fiscal year ]may be applied for by all remaining eligible school districts.

[F]G. Funds, state (flow through) or federal (reimbursement) or both, may be withheld or terminated for noncompliance with state policy and procedures and associated reporting timelines as defined by the USOE.

 

KEY: adult education

Date of Enactment or Last Substantive Amendment: [March 10], 2009

Notice of Continuation: October 5, 2007

Authorizing, Implemented, or Interpreted Law: Art X Sec 3; 53A-15-401; 53A-1-402(1); 53A-1-401(3); 53A-1-403.5; 53A-17a-119; 53A-15-404