Education, Administration

Section R277-459-3

Distribution of Funds

Notice of Proposed Rule

(Amendment)

DAR File No.: 34815
Filed: 05/16/2011 06:38:27 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to remove outdated language in determining teacher counts for distribution of funds for classroom supplies.

Summary of the rule or change:

The amendments remove outdated language in Section R277-459-3 of the rule.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-402(1)(b)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The amendments remove outdated language which does not result in any costs or savings.

local governments:

There are no anticipated costs or savings to local government. The amendments remove outdated language which does not result in any costs or savings.

small businesses:

There are no anticipated costs or savings to small businesses. The rule and amendments apply to public education and do not affect 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 The amendments remove outdated language which does not result in any costs or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The amendments remove outdated language which does not result in any compliance costs.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.

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
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:

07/01/2011

This rule may become effective on:

07/08/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-459. Classroom Supplies Appropriation.

R277-459-3. Distribution of Funds.

[A. The USOE shall generate from the CACTUS database a teacher count of the full-time classroom teachers consistent with S.B. 2, Section 8, 2010 Legislative Session, for each school district, the Utah Schools for the Deaf and the Blind, or charter schools as of November 15 of each year.

] [B]A. The Board shall distribute funds to school districts, charter schools and the Utah Schools for the Deaf and the Blind based on data submitted to the CACTUS database[consistent with S.B. 2, Section 8, 2010 Legislative Session].

[C]B. School districts, charter schools and the Utah Schools for the Deaf and the Blind shall distribute funds for classroom supplies consistent with the amounts for salary schedule steps and teaching assignments [designated in S.B. 2, Section 8, 2010 Legislative Session]as appropriated.

[D]C. Individual teachers shall designate the uses for their allocations consistent with the criteria of this rule. School districts/charter schools and other eligible schools may develop policies, procedures and timelines to facilitate the intent of the appropriation.

[E]D. Each school district/charter school shall ensure that each eligible individual has the opportunity to receive the proportionate share of the appropriation.

[F]E. If a teacher has not spent or committed to spend the individual allocation by April 1, the school or district may make the excess funds available to other teachers or may reserve the money for use by eligible teachers the following year.

[G]F. These funds shall supplement, not supplant, existing funds for identified purposes.

[H]G. These funds shall be accounted for by the school district/charter school or eligible school using state and school district procurement and accounting policies.

[I]H. The funds and supplies purchased with the funds are the property of the school district, the Utah Schools for the Deaf and the Blind, or charter schools.

(1) Employees do not personally own materials purchased with designated public funds.

(2) A school district or charter school may by policy allow individual teachers to use supply funds to protect teacher health with consumable materials that may not be able to be reused by the school.

 

KEY: teachers, supplies

Date of Enactment or Last Substantive Amendment: [August 9, 2010]2011

Notice of Continuation: July 1, 2010

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1)(b)