This rule was published in the November 1, 2009, issue (Vol. 2009, No. 21) of the Utah State Bulletin.
R277. Education, Administration.
R277-800. Administration of the Utah School for
the Deaf and the Utah School for the Blind.
A. "Board" means the board of trustees for USDB
which is the Utah State Board of Education.
B. "USDB" means the Utah School for the Deaf and
the Utah School for the Blind.
C. "Schools" means the Utah School for the Deaf
and the Utah School for the Blind.
D. "USOE" means the Utah State Office of
E. "Superintendent" means the Superintendent for
F. "Current funds" means economic resources of
USDB that may be expended for the primary and supporting missions
of the USDB.
G. "Institutional Council" means a statutory
council established to advise the Board as to the needs of those
who are deaf or hard of hearing, blind or visually impaired, or
dual sensory impaired with membership, appointment of terms and
powers consistent with Section 53A-25-302 through 305.
H. "Restricted fund balance" means the difference
between the assets and liabilities of the restricted fund
identified at the closeout of the fiscal year.
R277-800-2. Authority and Purpose.
A. This rule is authorized by Sections 53A-25-104 and
53A-25-203 which vest the Board with governance and control of
USDB, and management of its property and affairs, Section
53A-25-103(4) which requires the Board to establish policies
regarding the acceptance of nonresident students, Section
53A-25-107 which allows the Board to adopt rules for internal
management of the School for the Deaf and Section 53A-25-204
which makes the School for the Blind subject to all provisions of
law governing the School for the Deaf.
A. The Board shall:
(1) direct USOE to support, provide necessary assistance,
and work in a cooperative manner with the Schools in implementing
the policies and rules associated with the Schools;
(2) direct the Schools, with the support of the USOE, to
conduct periodic reviews of practices and procedures for best
serving students at the Schools;
(3) adopt an annual budget for the Schools;
(4) adopt an annual legislative program for the Schools to
be presented to the Legislature; and
(5) appoint the Superintendent in accordance with Section
53A-25-109, approve employees appointed by the Superintendent,
and approve their salaries and duties.
B(1) In addition to its statutory duties, the Institutional
Council established under Section 53A-25-301 shall:
(a) establish operating procedures for the Council;
(b) establish committees it deems necessary to fulfill its
responsibilities, subject to ratification by the Board;
(c) facilitate communication between the Schools and the
(d) advise the Superintendent in the operation of the
Schools and in the fulfillment of his or her duties; and
(e) seek resources from other funding sources for the
(2) members of the Institutional Council shall receive
reimbursement for their expenses for attending Council meetings
as established by the director of the Division of Finance in
C. In addition to the duties in Section 53A-25-109 the
(1) assure proper procedures for diagnosis, evaluation, and
placement of students at the Schools;
(2) participate in, encourage, and supervise relevant
research and evaluation of programs and teaching practices;
(3) conduct in-service training for USDB staff;
(4) encourage cooperative efforts and utilize input of
patrons, staff, and other interested persons in achieving the
goals and purposes of the Schools;
(5) file the minutes of the Institutional Council meetings
with the State Superintendent of Public Instruction; and
(6) be responsible for control of students, instructors, and
employees of the Schools.
R277-800-4. Staff and Personnel.
A. The Superintendent shall appoint personnel for the
Schools, subject to Section 53A-25-109. Personnel employed in
positions for which the Board requires certification shall be
B. Personnel employed at USDB are covered by employment
procedures and salary schedules approved by the Board.
C. Faculty and employees of USDB, and USOE staff associated
with the purposes of USDB, shall conduct themselves and carry out
their duties in a professional and competent manner so that USDB
may provide the strongest possible program for its
The Schools shall be accredited by the Board.
R277-800-6. Student Eligibility;
A. Student eligibility for and admission to USDB is
determined in accordance with Sections 53A-25-103 and
B. USDB may conduct programs and establish eligibility
criteria, as approved by the Board, for children under 5 years of
C. Children who are not residents of the state but who meet
other eligibility criteria may be admitted as students at USDB on
a space-available basis and upon payment of out-of-state tuition
set under Section 7.
R277-800-7. Out-of-state Tuition.
The annual tuition for students attending USDB who are not
residents of the state is determined according to a formula which
is based on the costs of providing educational, residential, and
related services to such students.
R277-800-8. Student Transportation.
USDB shall provide transportation required by a
R277-800-9. Capital Facilities.
A. USDB shall follow standard procedures adopted by the
Board governing capital facilities.
B. All capital facility requests, including land
acquisition, shall be submitted to the Board in accordance with
its capital facility request procedure.
R277-800-10. Building Rental.
A(1) The Board establishes a uniform fee schedule for the
use of USDB facilities by the public. The fee shall reflect the
maintenance and operation costs of USDB during the time rented.
The fee schedule shall distinguish between those renting USDB
facilities for non-profit type activities and those renting the
facilities for profit-making type activities. Fees may be waived
by the Superintendent for non-profit activities which are in
harmony with the objectives of the USDB;
(2) in addition to the rental fees, custodial and
maintenance personnel time is charged for rental of USDB
facilities at time and a half for a minimum of 4 hours. Weekend
and additional hours require additional charges as negotiated by
the Superintendent and those renting the facilities. The
Superintendent may assess charges in addition to those covered by
the rental agreement for property damage and for use in exception
to the rental agreement.
B. A rental agreement must be completed between persons
seeking to rent the facilities and the Superintendent prior to
use of the facilities. Only the equipment and facilities
expressly rented in the rental agreement may be used. The
Superintendent is responsible for administering this section,
including collection of all fees and amounts due and submission
of those amounts to the USDB Business Office.
C. Persons using USDB facilities must comply with state
laws, Board rules and policies, and USDB rules and policies,
including those governing conduct in public buildings and on
D. USDB functions have preference for facility use over
rental use. USDB facilities shall not be used for activities
conducted by the public which interfere in any way with USDB
R277-800-11. Fiscal Procedures.
A. USDB shall keep fiscal, program, and accounting records
as required by the Board and the State Department of Finance, and
as needed by USDB, and shall submit reports required by the Board
and the State Department of Finance. USDB shall follow the
standards established by the state for fiscal procedures,
auditing, and accounting.
B. Fund accounting standards
(1) Current funds include the following two subgroups:
(a) Unrestricted current funds are those funds received for
which the source of the money made no requirements for specific
use of the money.
(b) Restricted current funds are those resources available
for financing operations, but which are limited by the source of
the money for use for specific purposes, programs, departments or
schools. Externally imposed restrictions are different than
internal designations imposed by the agency on restricted funds.
Internal designations do not create restricted funds if the
removal of the designation remains at the agency's
(2) Fund balance limits
(a) Unrestricted current fund balance not externally
restricted and not internally reserved for inventories,
investment in general fixed assets, or purchase order
encumbrances, in all current funds, shall not exceed, combined
and at year end, seven and one-half percent of the total combined
unrestricted revenues in those accounting funds for the year then
(b) The Institutional Council may recommend to the Board an
amount greater than that provided in Subsection 11B(2)(a) up to
10 percent of the total combined unrestricted revenues.
(c) Exceptional revenue items received late in the fiscal
year due to circumstances not in the control of the USDB or due
to mandate from a governing authority at Board level or higher to
spend such revenue item(s) in a subsequent time period, such as a
supplemental appropriation for expenditure in a subsequent fiscal
year, shall be excluded from fund balances when calculating fund
balance percentages for these purposes.
(d) Restricted current funds:
(i) are restricted by external sources for specific future
(ii) shall be expended in the term designated for the
(iii) shall not be available to specific future operating
(iv) shall not be available for allocation by the
C. USDB is considered a state agency for insurance purposes.
As such, the USDB shall comply with the policies and rules of the
State Risk Management Office and maintain proper coverage at all
times by appropriate types and levels of insurance through that
D. USDB shall follow an internal policy to maintain and
account for capital inventory.
USDB establishes procedures which promote the health, safety,
and welfare of students residing in its dormitories. USDB
establishes procedures for maintaining its dormitories in a
condition which is in accordance with applicable state laws, rules,
KEY: educational administration[
, educational facilities
Date of Enactment or Last Substantive Amendment: [
March 10, 1997]
Notice of Continuation: July 23, 2009
Authorizing, and Implemented or Interpreted Law: [
53A-25-104; 53A-25-203; 53A-25-103(4);
53A-25-107; 53A-25-204; 53A-25-109; 53A-25-301; 53A-25-302(4);
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2009/b20091101.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.