Education, Administration

Rule R277-436

Gang Prevention and Intervention Programs in the Schools

Notice of Proposed Rule

(Amendment)

DAR File No.: 34923
Filed: 06/15/2011 03:57:22 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is amended per specific funding provisions in H.B. 2 and S.B. 1, 2011 General Session, regarding gang prevention and to align with new Utah State Board of Education Rule for an At-Risk Students Block Grant Program. (DAR NOTE: H.B. 2 (2011) and S.B. 1 (2011) are effective 07/01/2011.)

Summary of the rule or change:

The changes update statutes, terminology, and reporting provisions.

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. Legislative funding continues to be provided for gang prevention and intervention programs and there is no cost or savings associated with updated terminology and reporting provisions.

local governments:

There are no anticipated costs or savings to local government. Legislative funding is provided for school districts and charter schools for gang prevention and intervention programs.

small businesses:

There are no anticipated costs or savings to small businesses. This rule and the amendments to this rule 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. School districts and charter schools will apply for and receive funding for gang prevention and intervention programs in the public schools.

Compliance costs for affected persons:

There are no compliance costs for affected persons. School districts and charter schools will receive funding for gang prevention and intervention programs in the public schools.

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:

08/01/2011

This rule may become effective on:

08/08/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-436. Gang Prevention and Intervention Programs in the Schools.

R277-436-1. Definitions.

A. "Student at risk" means any student who because of his individual needs requires some kind of uniquely designed intervention in order to achieve literacy, graduate and be prepared for transition from school to post-school options.

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

C. "Gang" (as defined in this rule) means a group of three or more people who form an allegiance and engage in a range of anti-social behaviors that may include violent or unlawful activity or both. These groups may have a name, turf, colors, symbols, or distinct dress, or any combination of the preceding characteristics.

D. "Gang prevention" means instructional and support strategies, activities, programs, or curricula designed and implemented to provide successful experiences for youth and families. These components shall promote cultural and social competence, self-management skills, citizenship, preparation for life skills, academic achievement, literacy, and interpersonal relationship skills required for school completion and full participation in society.

E. "Gang intervention" means specially designed services required by an individual student experiencing difficulty in cultural and social competence, self-management skills, citizenship, preparation for life skills, academic achievement, literacy, and interpersonal relationships within or outside of the school which may impact the individual's susceptibility to gang membership or gang-like activities or both.

F. "Gang Prevention and Intervention Program" means specifically designed projects and activities to help at-risk students stay in school and enhance their cultural and social competence, self-management skills, citizenship, preparation for life skills, academic achievement, literacy, and interpersonal relationship skills required for school completion and full participation in society.

G. "In kind services" means those materials, staff and equipment which are required to develop and implement gang prevention and intervention services, strategies, activities, programs, and curricula with individual students, families, or both. In kind services do not include office space and related office support.

H. "Superintendent" means the State Superintendent of Public Instruction.

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

 

R277-436-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and authority over public education in the Board, by [Section 53A-1-402(1)(e)(i) which directs the Board to adopt rules and minimum standards mandating school productivity and cost effective measures,] Section [53A-15-601]53A-17a-166(1)(b) which appropriates funds to be used for Gang Prevention and Intervention Programs in the [S]schools,[allows the Board to develop an application process, and to distribute funds,] and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to establish standards and procedures for distributing funding for gang prevention and intervention programs in [the] public schools.

 

R277-436-3. Application,[and ]Distribution of Funds, and Administrative Support.

A. Awards shall be made to individual schools and funds allocated to charter schools or to school districts to distribute to designated schools.

B. School districts may submit a single district-wide [application]proposal for one or more schools within the district. The [application]proposal shall:

(1) provide for distribution of funds to individual schools; and

[(2) require individual schools included within the application to satisfy criteria designated in law and rule; and

]([3]2) provide explanations of [program variation from school to school, if any]prevention and intervention activities and strategies planned for individual schools.

[I]C. Charter [S]schools may submit independent or joint [applications]proposals.

[C]D. School districts or charter schools or charter consortia may utilize up to ten percent of their funding under the rule for the following specific purposes:

(1) administrative oversight;

(2) professional development for licensed and non-licensed employees who work directly in gang prevention/intervention activities; and

(3) professional and technical services.

[D]E. [Applications]Proposals/applications shall be provided by the USOE.

[E. Schools shall submit applications to the Director of Services for At Risk Students or designee who shall make final funding recommendations to the USOE Finance Committee by June 30 of the year prior to the fiscal year in which the money is available.

F. Applicants shall provide evidence and intent of their ability to supply the required school contribution percentage as designated in 53A-15-601(5).

G. In kind services shall be provided consistent with Section 53A-15-601(5) and R277-436-1G.

H]F. Awards per school shall be based on funds available[ and specific funding limits may be prescribed in the application provided by the USOE].

[J]G. Priority shall be given to applications reflecting interagency and intra-agency collaboration.

[K]H. [Projects]Proposals receiving funding shall be notified by July 1.

[L]I. Schools or joint school applications that were funded and complied with all requirements of law and rule may reapply in subsequent years using an abbreviated [application]proposal form provided by the USOE[ At-Risk Director or designee].

[M]J. The USOE may retain up to five percent of the annual legislative appropriation for the following specific purposes:

(1) an amount not to exceed 2.5 percent for:

(a) site visits; and

(b) [inservice] professional development, as determined and guided by the USOE.

(2) an amount not to exceed 2.5 percent for:

(a) administrative oversight; and

(b) statewide coordination training.

 

[R277-436-4. Limitation on Funds.

A. Funds shall be used exclusively for purposes set forth in Section 53A-15-601.

B. Transfer of funds between line items or the extension of project completion dates may be made only with prior written approval of the USOE At Risk Director or designee.

 

]R277-436-[5]4. Evaluation and Reports.

A. [A school in a district that accepts Gang Prevention and Intervention Program funds]School districts and charter schools or consortia shall provide the USOE with a year-end evaluation report by June 30 [of]for the previous fiscal year[in which the award was made].

B. The year-end report shall include:

(1) an expenditure report;

(2) a narrative description of all activities funded;

(3) copies of any and all products developed;

(4) effectiveness report detailing evidence of individual and overall program impact on gang and gang-related activities and involvement; and

[(5) verification that the required school contribution percentage of program costs were provided by the individual school; and

]([6]5) other information or data as required by the USOE[ At Risk Director].

C. The USOE may require additional evaluation or audit procedures from the grant recipient to demonstrate use of funds consistent with the law and Board rules.

 

R277-436-6. Waivers.

The Superintendent may grant a written request for a waiver of a requirement or deadline which a district or school finds unduly restrictive.

 

KEY: public schools, disciplinary problems, students at risk, gangs

Date of Enactment or Last Substantive Amendment: [October 8, 2008]2011

Notice of Continuation: June 2, 2008

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; [53A-1-401(4); 53A-15-601;]53A-17a-166(1)(b); 53A-1-401(3)