File No. 34923
This rule was published in the July 1, 2011, issue (Vol. 2011, No. 13) of the Utah State Bulletin.
Gang Prevention and Intervention Programs in the Schools
Notice of Proposed Rule
DAR File No.: 34923
Filed: 06/15/2011 03:57:22 PM
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.
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.
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
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.
R277-436. Gang Prevention and Intervention Programs in the Schools.
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 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] which appropriates funds to be used for
Gang Prevention and Intervention Programs in the [ S]chools,[ 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
B. The purpose of this rule is to
establish standards and procedures for distributing funding for
gang prevention and intervention programs in [
and ]Distribution of Funds.
A. Awards shall be made to individual schools and funds allocated to school districts to distribute to designated schools.
B. School districts may submit a single
application] for one or more schools within the district. The [ application] shall:
(1) provide for distribution of funds to individual schools;
(2) require individual schools included within the
application to satisfy criteria designated in law and rule;
3]) provide explanations of [ program variation from school to school, if any].
[ S]chools may submit
joint [ applications].
C]. School districts
may utilize up to
ten percent of their funding under the rule for the following
(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]. [ 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]. Awards per school shall be based on funds available[ and specific funding limits may be prescribed in the
application provided by the USOE].
J]. Priority shall be given to applications reflecting
interagency and intra-agency collaboration.
K]. [ Projects] receiving funding shall be notified by July 1.
L]. 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] form provided by the USOE[ At-Risk Director or designee].
M]. 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
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.
5]. Evaluation and Reports.
A school in a district that accepts Gang Prevention and
Intervention Program funds] shall
provide the USOE with a year-end evaluation report by June 30 [ of] the
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;
(5) verification that the required school contribution
percentage of program costs were provided by the individual school;
6]) 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.
The Superintendent may grant a written request for a waiver of a requirement or deadline which a district finds unduly restrictive.
KEY: public schools, disciplinary problems, students at risk, gangs
Date of Enactment or Last Substantive Amendment: [
October 8, 2008]
Notice of Continuation: June 2, 2008
Authorizing, and Implemented or Interpreted Law: Art X Sec 3;
53A-1-401(4); 53A-15-601;] 53A-1-401(3)
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/2011/b20110701.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.