File No. 33443
This rule was published in the April 1, 2010, issue (Vol. 2010, No. 7) of the Utah State Bulletin.
Notice of Proposed Rule
DAR File No.: 33443
Filed: 03/09/2010 01:46:24 PM
Purpose of the rule or reason for the change:
This rule is amended to provide changes to deadlines for data submission to make the rule consistent with a new U.S. Department of Education regulation that requires No Child Left Behind Adequate Yearly Progress (AYP) Reports for schools/LEAs (local education Agency) in program improvement to be released to the public 14 days prior to the beginning of a new school year.
Summary of the rule or change:
The amended rule changes deadlines.
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. The deadline changes make the rule consistent with a new U.S. Department of Education regulation. The state will receive data consistent with the changed deadlines which does not result in any costs or savings.
There are no anticipated costs or savings to local government. School districts/schools will now submit data consistent with the changed deadlines in this rule. Submitting data consistent with the changed deadlines does not result in any costs or savings.
There are no anticipated costs or savings to small businesses. The changes to this rule apply to public school districts/schools and do not apply to businesses.
persons other than small businesses, businesses, or local governmental entities:
There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The changes to this rule apply to public school districts/schools.
Compliance costs for affected persons:
There are no compliance costs for affected persons. School districts/schools have complied with deadlines in the rule prior to the changes and will continue the same process with changed deadlines.
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.
Larry K. Shumway, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Education
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 firstname.lastname@example.org
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:
This rule may become effective on:
Carol Lear, Director, School Law and Legislation
R277. Education, Administration.
R277-484. Data Standards.
A. "Annual Financial Report" means an account of LEA revenue and expenditures by source and fund sufficient to meet the reporting requirements specified in Section 53A-1-301(3)(d) and (e).
B. "Annual Program Report" means an account of LEA revenue and expenditures by source and program sufficient to meet the reporting requirements specified in Section 53A-1-301(3)(d) and (e).
C. "Board" means the Utah State Board of Education.
D. "Computer Aided Credentials of Teachers in Utah System (CACTUS)" means the database maintained on all licensed Utah educators. The database includes information such as:
(1) personal directory information;
(2) educational background;
(4) employment history;
(5) professional development information;
(6) completion of employee background checks; and
(7) a record of disciplinary action taken against the educator.
E. "Data Clearinghouse File"
means the electronic file of student level data submitted by LEAs
to the USOE in the layout specified by the USOE. This definition is
effective until July 1, 20[
F. "Data Warehouse" means the database of demographic information, course taking, and test results maintained by the USOE on all students enrolled in Utah schools.
G. "EDEN" means the Education Data Exchange Network, the mechanism by which state education agencies are mandated as of the 2008-09 school year to submit data to the U.S. Department of Education.
H. "ESEA" means the federal Elementary and Secondary Education Act, also known as the No Child Left Behind Act.
I. "LEA" means local education agency, which may be either a public school district or a charter school.
J. "MSP" means Minimum School Program, the set of state support K-12 public school funding programs.
K. "MST" means Mountain Standard Time.
L. "USOE" means Utah State Office of Education.
M. "Utah eTranscript and Record
Exchange (UTREx)" means a system that allows individual
detailed student records to be exchanged electronically among Utah
public schools and LEAs and the USOE, and allows electronic
transcripts to be sent to any participating post-secondary
institution. This definition becomes effective on July 1, 20[
N. "Year" means both the school year and the fiscal year for LEAs in Utah, which runs from July 1 through June 30.
O. "YICSIS" means the Youth In Custody Student Information System.
R277-484-3. Deadlines for Data Submission.
For the purpose of submission of student
level data, each LEA shall participate in UTREx as of July 1, 20[
10]. LEAs shall submit data to the USOE through the
following reports by 5:00 p.m. MST on the date and in the format
specified by the USOE:
A. February 28 - Community Development and Renewal Agency and/or Redevelopment Agency Taxing Entity Committee Representative List - Business Services.
B. June 15
(1) Immunization Status Report (to Utah Department of Health) - final;
(2) Safe School Incidents Report - for current year.
C. June 29 - CACTUS - final update for current year.
D]. July 15
(1) Adult Education - final report for prior year;
(2) Bus Driver Credentials Report - for current year - Business Services;
(3) Classified Personnel Report - for prior year - Business Services;
(4) Data Clearinghouse File - final comprehensive update for
prior year - Data Assessment, and Accountability - effective until
July 1, 2010; (5) UTREx - final comprehensive update for prior year - Data
Assessment, and Accountability - effective on July 1, 2010;
6]) Driver Education Report - for prior year - Educator
7]) ESEA Choice and Supplemental Services Report - for
8]) Fee Waivers Report - for prior year;
9]) Fire Drill Compliance Statement - for prior year;
10]) Home Schooled Students Report - for prior year;
11]) Teacher Benefits Report - for prior year;
12]) Pupil Transportation Statistics - for prior
(a) Bus Inventory Report;
(b) Year End Pupil Transportation Statistics Reports.
E]. September 15
(1) Membership Audit Report - for prior year;
(2) Adult Education - Financial Audit for prior year.
F]. October 1
(1) Annual Financial Report (AFR) - for prior year;
(2) Annual Program Report (APR) - for prior year.
G]. October 15
(1) Data Clearinghouse File - update as of
October 1 for current year - effective until July 1, 20[
1]) UTREx - update as of October 1 for current year -
effective on July 1, 20[ 10.]
2]) YICSIS - update as of October 1 for current year.
H]. November 1
(1) Enrollment and Transfer Student Documentation Audit Report - for current year;
(2) Immunization Status Report - for current year;
(3) Pupil Transportation Statistics for state funding:
(a) Schedule A1 (Miles, Minutes, Students Report) - projected for current year;
(b) Schedule B (Miscellaneous Expenditure Report) - for prior year;
(4) Negotiations report - for current year.
I]. November 15
(1) CACTUS - update for current year; and
(2) Free and Reduced Price Lunch Enrollment Survey - as of October 31 for current year.
J]. November 30 - Financial Audit Report - for prior
K]. December 15 - Data Clearinghouse File - update as of
December 1 for current year - effective until July 1, 20[ 10].
L]. December 15 - UTREx - update as of December 1 for
current year - effective on July 1, 20[ 10].
R277-484-4. Adjustments to Deadlines.
A. Deadlines that fall on a weekend or state holiday in a given year shall be moved to the date of the first workday after the date specified in Section 3 for that year.
B. An LEA may seek an extension of a deadline to ensure continuation of funding and provide more accurate input to allocation formulas by submitting a written request to the USOE. The request shall be received by the USOE State Director of School Finance and Statistics at least 24 hours before the specified deadline in Section 3 and include:
(1) The reason(s) why the extension is needed;
(2) The signatures of the LEA business administrator and the district superintendent or charter school director; and
(3) The date by which the LEA shall submit the report.
C. In processing the request for the extension, the USOE State Director of School Finance and Statistics shall:
(1) Take into consideration the pattern of LEA compliance with reporting deadlines and the urgency of the use which depends on the data to be submitted, consult with other USOE staff who have knowledge relevant to the situation of the LEA; and either
(2) Approve the request and allow the MSP fund transfer process to continue; or
(3) Recommend denial of the request and forward it the USOE Associate Superintendent for Business Services for a final decision on whether to stop the MSP fund transfer process.
D. If, after receiving an extension, the LEA fails to submit the report by the agreed date, the MSP fund transfer process shall be stopped and the procedure described in Section 8 shall apply.
E. Extensions shall apply only to the report(s) and date(s) specified in the request.
F. Exceptions - Deadlines for the following reports may not be extended:
(1) June 29 CACTUS Update;
(2) July [
15] Final Data Clearinghouse File - final comprehensive
update for prior year- Data Assessment, and Accountability -
effective until July 1, 20[ 10];
(3) July [
15] UTREx - final comprehensive update for prior year -
Data Assessment, and Accountability - effective on July 1, 20[ 10];
(4) November 15 CACTUS - update for current year.
KEY: data standards, reports, deadlines, research data requests
Date of Enactment or Last Substantive Amendment: [
May 8, 2009]
Notice of Continuation: June 2, 2008
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1-301(3)(d) and (e)
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/2010/b20100401.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.
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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at email@example.com.