Education, Administration

Rule R277-433

Disposal of Textbooks in the Public Schools

Notice of Proposed Rule

(Amendment)

DAR File No.: 36661
Filed: 08/15/2012 07:04:54 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to updated terminology.

Summary of the rule or change:

Two new definitions are added and terminology is changed throughout the rule to make the rule consistent with the new definitions.

State statutory or constitutional authorization for this rule:

• Section 53A-12-207

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The new definitions and terminology changes to this rule do not result in a cost or savings.

local governments:

There is no anticipated cost or savings to local government. The new definitions and terminology changes to this rule do not result in a cost or savings.

small businesses:

There is no anticipated cost or savings to small businesses. This rule and the amendments apply to public education and do not affect businesses.

persons other than small businesses, businesses, or local governmental entities:

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The new definitions and terminology changes to this rule do not result in a cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The new definitions and terminology changes to this rule 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:

10/01/2012

This rule may become effective on:

10/08/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-433. Disposal of Textbooks in the Public Schools.

R277-433-1. Definitions.

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

B. "LEA" means a local education agency, including local school boards/public school districts and, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

[A]C. "Textbook" means any printed book[, workbook, or materials similar in function] which [are]is required for participation in a course of instruction. The term also includes printed texts approved for pilot or trial use by the State [Textbook]Instructional Materials Commission or books used in classes for which textbooks are generally not adopted at the state level.

[B]D. "Useable textbooks" means a set of at least 25 textbooks, as defined above, that are not badly damaged, worn out or outdated.

[C]E. "USOE" means the Utah State Office of Education

 

R277-433-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution, Article X, Section 3 which places general control and supervision of the public school system under the Board and by Section 53A-12-207 which requires the [USOE]Board to make rules providing for the disposal or reuse of useable textbooks in the public schools.

B. The purpose of this rule is to provide procedures for [school district and charter school]LEA policies for the reuse or disposal of textbooks in the public schools.

 

R277-433-3. [School District and Charter School]LEA Policies on Disposal of Textbooks.

A. [School districts and charter schools]LEAs shall develop policies regarding the reuse or disposal of textbooks.

B. [School district and charter school]LEA policies shall provide procedures for notification to other [school districts and charter schools]LEAs of available textbooks and timelines for disposal of textbooks.

C. [School districts and charter school]LEA policies shall provide procedures for negotiating the exchange of the textbooks.

D. A required policy and implementation shall be suspended consistent with Section 53A-12-207(1) until the 2013-2014 school year.

 

KEY: textbooks

Date of Enactment or Last Substantive Amendment: [August 9, 2010]2012

Notice of Continuation: August 14, 2012

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-12-207