File No. 34926

This rule was published in the July 1, 2011, issue (Vol. 2011, No. 13) of the Utah State Bulletin.


Education, Administration

Rule R277-478

Block Grant Funding

Notice of Proposed Rule

(Amendment)

DAR File No.: 34926
Filed: 06/15/2011 03:59:14 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to make it consistent with changes in H.B. 2 and S.B. 1, 2011 General Session, that repealed statutory language that established specific programs to serve at-risk students and created a block grant program entitled, Enhancement for At-Risk Students. (DAR NOTE: H.B. 2 (2011) and S.B. 1 (2011) are effective 07/01/2011.)

Summary of the rule or change:

The amendments to this rule remove Section R277-478-4, Interventions for Student Success Block Grant. Intervention programs are now provided for in statute and in a new rule.

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. Intervention programs and funding continue to be provided for in statute and in a new rule so there are no costs or savings due to this rule.

local governments:

There are no anticipated costs or savings to local government. Intervention programs and funding continue to be provided for in statute and in a new rule so there are no costs or savings.

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, business, or local government entities. Intervention programs and funding continue to be provided for in statute and in a new rule specific to public education so there are no costs or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Intervention programs and funding continue to be provided for in statute and in a new rule for public education entities.

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

RULE TEXT

R277. Education, Administration.

R277-478. Block Grant Funding.

[R277-478-4. Interventions for Student Success Block Grant.

A. Districts and charter schools shall use Interventions for Student Success Block Grant funds to improve student academic success, with priority given to interventions on behalf of students not performing to standards as determined by U-PASS test results.

B. Each school district and charter school governing board shall develop a plan for the expenditure of Interventions for Student Success Block Grant funds. In developing the plan, districts should consider involving educators from Core areas identified in R277-700.

C. The plan shall specify anticipated results; it may include continuing existing programs to improve students' academic success for which funds were appropriated before FY 2003.

D. Each local school board and charter school governing board shall approve its plan for the expenditure of the block grant funds in an open public meeting under Sections 52-4-1 through 10 before the funds are designated for specific programs.

E. By September 1 of each year, each local school board and charter school governing board shall submit a copy of its plan, a letter of assurance to the Board that its plan was approved in an open and public meeting, and a copy of the local board minutes of the meeting in which the plan was approved.

F. If a local school board or charter school governing board fails to submit the documents specified in R277-478-4E to the Board by September 1, the Board shall withhold the distribution of Interventions for Student Success Block Grant funds until documentation required under this rule is provided.

G. Interventions for Student Success Block Grant funds shall be distributed using the following formula:

(1) Seventy seven percent of the total student success block grant appropriation shall be allocated using the Local Discretionary Block Grant formula as outlined in R277-478-3B.

(2) The remaining portion of the Interventions for Student Success Block Grant funds (twenty three percent) shall be allocated on the basis of the number of LEP students as determined by Title IX, Part A, Section 9101(25) in each district or charter school for the prior fiscal year.

 

]R277-478-[5]4. Quality Teaching Block Grant.

A. Districts and charter schools shall use Quality Teaching Block Grant funds to implement school and school district comprehensive, long-term professional development plans required under Section 53A-3-701.

B. Each local school board shall, as provided by Section 53A-3-701, review and either approve or recommend modifications for each school's comprehensive, long-term professional development plan within the district so that each school's plan is compatible with the district's comprehensive, long-term professional development plan.

C. Each local school board and charter school governing board shall approve in an open public meeting a plan to spend Quality Teaching Block Grant funds to implement the school district's or charter school's comprehensive, long-term professional development plan. In developing the plan, districts and charter schools should consider involving educators from every core area.

D. By September 1 of each year, the local school board [and]or charter school governing board shall submit a copy of its plan, a letter of assurance to the Board that the plan was approved in an open and public meeting, and a copy of the local board minutes of the meeting in which the plan was approved.

E. If a local school board or charter school governing board fails to submit the documents specified in R277-478-5D to the Board by September 1, the Board shall withhold the distribution of Quality Teaching Block Grant funds until documentation required under this rule is provided.

F. Career Ladder Programs

(1) Districts and charter schools may choose to implement a career ladder program of their own design with money received under the Quality Teaching Block Grant.

(2) If a career ladder program is funded, districts and charter schools shall ensure that their school and district professional development plans are consistent with Section 53A-3-701(2)(iv).

(3) Districts and charters shall also report to the Board how the career ladder funds were spent consistent with Section 53A-9-106.

G. Quality Teaching Block Grant funds shall be distributed using the following formula: thirty percent of the total Quality Teaching Block Grant funds shall be distributed on the basis of the number of full-time equivalent teachers employed by the district or charter school for the immediately previous school year. The remaining seventy percent of the funds shall be distributed on the basis of the number of WPUs in the basic programs of the Minimum School Program for the immediately previous school year.

 

KEY: educational expenditures, block grant funding

Date of Enactment or Last Substantive Amendment: [September 4, 2002]2011

Notice of Continuation: July 3, 2006

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

 


Additional Information

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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 carol.lear@schools.utah.gov.