File No. 35936
This rule was published in the April 1, 2012, issue (Vol. 2012, No. 7) of the Utah State Bulletin.
Loss of Enrollment
Notice of Proposed Rule
DAR File No.: 35936
Filed: 03/15/2012 01:43:30 PM
Purpose of the rule or reason for the change:
This rule is amended to update requirements and clarify language.
Summary of the rule or change:
The amendments change and add definitions in Section R277-485-1 and change report dates in Section R277-485-5.
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. The changes clarify definitions and update reporting dates; changes do not result in a cost or savings.
There are no anticipated costs or savings to local government. The changes clarify definitions and update reporting dates that are administered at a state level.
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. The changes clarify definitions and update reporting dates that are administered at a state level.
Compliance costs for affected persons:
There are no compliance costs for affected persons. The changes clarify definitions and update reporting dates which do not result in 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
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 email@example.com
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.
R277-485. Loss of Enrollment.
A. "ADM" means average daily
as defined in R277-419].
B. "Board" means the Utah State Board of Education.
C. "Carryforward balance" means the unspent amount of MSP Uniform School Fund monies from the previous fiscal year.
D. "Fall Update" means the annual Minimum School
Program allocation report made by school districts to the Utah
State Office of Education in late fall or early
E]. "Historical Mean ADM" means the mean of the two
highest ADM in the three years preceding the prior year.
F]. "Local Effort" means the prior year sum of tax
rates imposed by the local school board.
G]. "Lost ADM" means the difference between prior
year ADM and Historical Mean ADM.
H. "Minimum School Program (MSP)" means the state supported Minimum School Program as defined in 53A-17a.
I. "Weighted Pupil Unit (WPU)" means the unit of measure of factors that is computed in accordance with the MSP for the purpose of determining the costs of a program on a uniform basis for each district.
R277-485-2. 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, and Section 53A-17a-139 which allows the Board to increase funds for a school district in order to avoid penalizing it for an excessive loss in student enrollment due to factors beyond its control.
B. The purpose of this rule is to compensate a school district financially for an excessive loss in student enrollment due to factors beyond its control.
A. A school district shall be eligible for funding if the district's lost ADM is at least four percent less than the district's historical mean ADM.
B. Charter schools are not eligible for funding under this rule.
A. The source of funding to the district shall be the current unencumbered MSP carryforward balance. This rule shall provide funds to school districts only after all other authorized uses of the carryforward balance have been carried out.
B. The total amount of funds made available for distribution shall be equal to the lesser of:
(1) the sum of lost ADM in eligible districts multiplied by 25 percent of the current year value of the WPU; or
(2) 25 percent of the current unencumbered MSP carryforward balance.
C. Available funds shall be distributed proportional to lost ADM (90 percent) and prior year local effort (10 percent) among eligible districts.
D. If there are not any current year unencumbered MSP funds, eligible districts shall not be funded.
A.] Funds shall be distributed annually in one
lump sum with the [ fall] update of the current year MSP.
B. Funds shall be distributed initially in FY
KEY: student, enrollment
Date of Enactment or Last Substantive Amendment: [
March 7, 2003]
Notice of Continuation: March 3, 2008
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-17a-139
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/2012/b20120401.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 firstname.lastname@example.org.