DAR File No. 32729

Education, Administration

R277-108-5

Assurances

NOTICE OF PROPOSED RULE

DAR File No.: 32729
Filed: 06/15/2009, 02:54
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R277-108-5 is amended to include a new required assurance recently required by another rule, and to include two new assurances required in H.B. 210 and S.B. 18. (DAR NOTE: H.B. 210 (2009) is found at Chapter 392, Laws of Utah 2009, and was effective 05/12/2009. S.B. 18 (2009) is found at Chapter 310, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

This amendment adds three new assurances required of local school boards and charter school governing boards.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3) and Sections 53A-3-428, and 63A-3-401 through 63A-3-404

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget because of the rule amendment. The state will receive the additional assurance information along with the information previously required which does not involve any funds.

local governments:

There are no anticipated costs or savings to local government. Local school boards and charter school governing boards need only assure that they have complied with three additional requirements.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses AND persons other than business. This amendment relates to local school boards and charter school governing boards and does not involve small businesses or individuals.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Local school boards and charter school governing boards will need to assure that they are in compliance with the three additional requirements but should be able to do so with no costs.

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:

07/31/2009

This rule may become effective on:

08/07/2009

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-108. Annual Assurance of Compliance by Local School Boards.

R277-108-5. Assurances.

A. Each local school board and charter school governing board shall provide, consistent with state law, written assurance of the following:

(1) the National motto is displayed in schools consistent with Section 53A-13-101.4(6);

(2) the Pledge of Allegiance is recited in public schools consistent with Section 53A-13-101.6;

(3) a policy has been developed, in consultation with school personnel, parents, and school community, to provide for effective implementation of student education plans/student education occupation plans (SEPs/SEOPs) consistent with Section 53A-1a-106(2)(b);

(4) a plan is in place for the expenditure of Interventions for Student Success Block Grant Program funds consistent with Section 53A-17a-123.5;

(5) a policy has been developed for Quality Teaching Block Grant Program consistent with Section 53A-17a-124;

(6) a policy has been developed on education association leave consistent with Section 53A-3-425;

(7) each public school within the district has established a community council consistent with Section 53A-1a-108, and the community council members have been advised of their responsibilities consistent with Sections 53A-1a-108 and 53A-1a-108.5;

(8) the local school board has provided the USOE with required Utah Performance Assessment System for Students (U-PASS) test results in order for the USOE to fulfill the requirements of 53A-1-605;

(9) the district does not make payroll deductions from the wages of its employees for political purposes consistent with Section 34-32-1.1(2);

(10) the local school board has implemented a training program for school administrators consistent with Section 53A-3-402(1)(f); [and]

(11) the local school board has an educator evaluation program developed by a joint committee including classroom teachers, parents and administrators consistent with Section 53A-10-103[.];

(12) the local school board or charter school governing board has presented and implemented an electronic device policy consistent with the timelines and provisions of R277-495;

(13) the school district or charter school has posted collective bargaining agreement(s) on the school district or charter school website within ten days of the ratification or modification of any collective bargaining agreement consistent with Section 53A-3-428; and

(14) by May 15, 2010, the school district or charter school has posted certain public financial information on the school district or charter school website consistent with Sections 63A-3-401 through 63A-3-404.

B. Letters from local school boards assuring compliance with the laws above are due to the State Superintendent of Public Instruction no later than October 1 of each year.

 

KEY: local school boards, compliance

Date of Enactment or Last Substantive Amendment: [June 17, 2003]2009

Notice of Continuation: October 5, 2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-6-702; 53A-1-401(3)