Education, Administration

Rule R277-706

Public Education Regional Service Centers

Notice of Proposed Rule

(New Rule)

DAR File No.: 34826
Filed: 05/16/2011 06:41:35 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for this new rule is to provide definitions and procedures for local education agencies (LEAs) to enter into interlocal agreements to form Regional Service Centers eligible for funding under H.B. 92, 2011 General Session. (DAR NOTE: H.B. 92 (2011) was effective 05/10/2011.)

Summary of the rule or change:

The new rule provides definitions, procedures for distribution of funds, and eligible Regional Service Center requirements and responsibilities.

State statutory or constitutional authorization for this rule:

• Subsection 53A-3-429(6)
• Subsection 53A-1-401(3)
• Art X, Sec 3

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to the state budget. The new rule provides procedures for LEAs to enter into interlocal agreements to form Regional Service Centers. The changes result in no cost or savings to the state.

local governments:

There are no anticipated costs or savings to local government. LEAs may enter into interlocal agreements to form Regional Services Centers and legislative funding is provided for Regional Service Centers resulting in no cost to local government.

small businesses:

There are no anticipated costs or savings to small businesses. This rule applies to public education and does 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. This rule applies to LEAs and Regional Service Centers for which legislative funding has been provided.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Funding has been provided for regional service centers entering into interlocal agreements.

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.

R277-706. Public Education Regional Service Centers.

R277-706-1. Definitions.

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

B. "Eligible regional service center" means a regional service center formed by two or more school districts by means of an interlocal entity in accordance with Title 11, Chapter 13, Interlocal Cooperation Act.

C. "USOE" means the Utah State Office of Education.

 

R277-706-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-3-429(6) that directs the Board to make rules regarding eligible regional services center, and Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to provide definitions and procedures for school districts to form interlocal agreements and to provide for distribution of legislative funds to eligible regional service centers by the Board.

 

R277-706-3. Eligible Regional Service Centers.

A. Two or more school districts may enter into an interlocal agreement and form an interlocal entity.

B. An eligible regional service center may receive funds if the Legislature appropriates money.

C. An interlocal agreement entered into shall confirm and ratify the regional service center as of the effective date of the interlocal agreement.

 

R277-706-4. Distribution of Funds.

A. The USOE shall distribute funds, if provided by the Legislature, in equal amounts to eligible regional service centers based on:

(1) requests from eligible regional service centers; and

(2) satisfaction and submission of all information and requirements set by the Board.

B. The USOE shall provide notice that completed applications for regional service center funds are due to the USOE consistent with timelines provided by the USOE.

C. The Board may review and consider a different distribution plan for future years.

D. Legislative funding, if provided, shall be distributed to eligible regional service centers after July 1 of each year.

 

R277-706-5. Eligible Regional Service Center Responsibilities.

A. Eligible regional service centers shall submit an annual application for available funds to the Board consistent with USOE timelines.

B. A regional service center application for funds shall include:

(1) a copy of completed interlocal agreement(s);

(2) a proposed budget and request for funds from the Board;

(3) a current external audit of current regional service center assets and liabilities in the initial application for funds and with each annual application;

(4) assurance signed by all parties to the interlocal agreement that the USOE shall have access to all regional service center records upon request;

(5) an annual financial report from the previous fiscal year;

(6) a plan for the use and distribution of regional service center funds for the applicable fiscal year with specific attention to delivery of Utah Education Network services and the delivery of education-related services; and

(7) an annual performance report beginning with fiscal year 2012 including information about:

(1) the regional service center delivery of Utah Education Network services;

(2) the type, amount, and effectiveness of delivery of public and higher education related services; and

(3) the coordination of public and higher education related services.

 

KEY: eligible regional service center

Date of Enactment or Last Substantive Amendment: 2011

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-3-429(6); 53A-1-401(3)