DAR File No. 32734

Education, Administration

R277-491-1

Definitions

NOTICE OF PROPOSED RULE

DAR File No.: 32734
Filed: 06/15/2009, 02:55
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R277-491-1 is amended to remove a definition that is not used within the rule. A public hearing, consistent with Section 63G-3-302, was held to discuss concerns with the rule as it was amended and published in the April 1, 2009, Utah State Bulletin. Following the hearing, a hearing panel recommended changing the definition "Critical academic needs" to "Most critical academic needs" to make the rule consistent with Rule R277-477. Upon further review of the definition and Rule R277-491 in its entirety, it was discovered that neither the existing definition nor the recommended definition were ever used in the rule. Therefore, the definition is deleted. (DAR NOTE: The proposed amendment to Rule R277-491 that was published in the April 1, 2009, issue of the Bulletin was under DAR No. 32449 and was effective 05/08/2009.)

Summary of the rule or change:

The amendment removes "Critical academic needs" from Section R277-491-1 and renumbers as necessary.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Removing this definition from the rule as it is not used anywhere within the rule merely corrects a minor rule error.

local governments:

There are no anticipated costs or savings to local government. Removing this definition from the rule as it is not used anywhere within the rule merely corrects a minor rule error.

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 only applicable to Utah public schools.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Removing this definition from the rule as it is not used anywhere within the rule merely corrects a minor rule error.

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.

R277-491. School Community Councils.

R277-491-1. Definitions.

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

B. "Candidate" means a parent or school employee who has filed for election to the school community council.

C. "Contested race" means the election of members to a school community council when there are more candidates than open positions.

[D. "Critical academic needs" for purposes of this rule means a school's weakness(es) in academic areas for which there is a Utah Core curriculum.

E]D. "Days" means calendar days unless otherwise specifically designated.

[F]E. "Develop school improvement plan and school trust program and other programs" means to participate actively in the creation of plans, including analysis of school assessment data, development of School LAND Trust budgets, and review of School LAND Trust expenditures under Section 53A-16-101.5(5)(a)(iv) and 53A-16-101.5(6)(b)(ii). This may include establishing subcommittees where needed or assigning work to individuals.

[G]F. "Parent" means the parent or legal guardian of a student attending the non-charter public school or of a student who will be enrolled at the school in the next school year.

[H]G. "Parent member" means a parent or guardian of a student who is attending the school or of a student who will be enrolled at the school in the next school year if the election is held in the spring. A parent member of a school community council may not include a person who meets the definition of a school employee member unless the person's employment at the school does not exceed an average of six hours per week, consistent with Section 53A-1a-108(1)(a)(ii).

[I]H. "School administrator" means a school principal, school assistant principal or designee as specifically assigned by the school administrator.

[J]I. "School community" means the geographic area designated by the school district as the attendance area with reasonable inclusion of the parents or legal guardians of additional students who are attending the school.

[K]J. "School employee member" means a person employed at the school for more than an average of six hours per week by the school or school district; the principal is one school employee member.

[L]K. "Secure ballot box" means a closed container prepared by the school for the deposit of secret ballots for the school community council elections.

[M]L. "Student" means a child in public school grades kindergarten through twelve counted on the audited October 1 Fall Enrollment Report.

[N]M. "Students attending the school" for purposes of this rule means students currently attending the school and those officially enrolled to attend the school in the next school year.

[O]N. "USDB" means the Utah Schools for the Deaf and the Blind.

[P]O. "USOE" means the Utah State Office of Education.

 

KEY: school community councils

Date of Enactment or Last Substantive Amendment: [May 8, ]2009

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