Education, Administration

Rule R277-485

Loss of Enrollment

Notice of Proposed Rule

(Amendment)

DAR File No.: 35936
Filed: 03/15/2012 01:43:30 PM

RULE ANALYSIS

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.

local governments:

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.

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. 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
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:

05/01/2012

This rule may become effective on:

05/08/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-485. Loss of Enrollment.

R277-485-1. Definitions.

A. "ADM" means average daily membership [as defined in R277-419]derived from end-of-year data.

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 winter.

] [E]D. "Historical Mean ADM" means the mean of the two highest ADM in the three years preceding the prior year.

[F]E. "Local Effort" means the prior year sum of tax rates imposed by the local school board.

[G]F. "Lost ADM" means the difference between prior year ADM and Historical Mean ADM.

G. "Mid-year update" means the annual Minimum School Program allocation report prepared by the USOE and provided after January 1 annually.

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, Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities, 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.

 

R277-485-3. Eligibility.

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.

 

R277-485-4. Funding.

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.

 

R277-485-5. Implementation.

[A.] Funds shall be distributed annually in one lump sum with the [fall]mid-year update of the current year MSP.

[B. Funds shall be distributed initially in FY 2004.

]

KEY: student, enrollment

Date of Enactment or Last Substantive Amendment: [March 7, 2003]2012

Notice of Continuation: March 3, 2008

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-17a-139