DAR File No. 37742

Education, Administration

Rule R277-490

Beverley Taylor Sorenson Elementary Arts Learning Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 37742
Filed: 06/14/2013 10:24:04 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to reflect legislative changes to Section 53A-17a-162, Beverley Taylor Sorenson Elementary Arts Learning Program, as well as changes to the funding structure.

Summary of the rule or change:

The amendments include changes to expand the reach of the program with specialists serving more than one school and clarifying the intent of funding based on Subsection 53A-17a-162(3)(b).

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state. Legislative funding has been provided for the Beverley Taylor Sorenson Elementary Arts Learning Program.

local governments:

There is no anticipated cost or savings to local government. Legislative funding has been provided for the Beverley Taylor Sorenson Elementary Arts Learning Program.

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. Participating schools will receive funding, consistent with this rule.

Compliance costs for affected persons:

There is no compliance costs for affected persons. Participating schools will receive funding, consistent with this rule.

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.

Martell Menlove, 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:

07/31/2013

This rule may become effective on:

08/07/2013

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-490. Beverley Taylor Sorenson Elementary Arts Learning Program.

R277-490-1. Definitions.

A. "Arts equipment and supplies" means musical instruments, recording and play-back devices, cameras, projectors, computers to be used in the program, CDs, DVDs, teacher reference books, and art-making supplies. This list is not exhaustive.

B. "Arts [p]Program coordinators (coordinator)" means individuals, employed full-time, who are responsible to coordinate arts programs for the [school district, charter school]LEA (as defined in R277-490-1G) or consortium, inform arts teachers, organize arts professional development (including organizing arts local learning communities), oversee/guide/organize the gathering of assessment data, represent the [school district, charter school]LEA or consortium arts program, and provide general leadership for arts education throughout the [school district, charter school]LEA or consortium.

C. Beverley Taylor Sorenson Elementary Arts Learning Program model means a [p]Program with the following components:

(1) a qualified arts specialist to work [side-by-side]collaboratively with the regular classroom teacher to deliver quality, sequential, and developmental arts instruction in alignment with the state Fine Arts Core Curriculum; and

(2) [weekly]regular collaboration between the[ regular] classroom teacher and arts specialist in planning arts integrated instruction[, with regular 15-30 minute conferences].

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

[ E. "Full-time employee," for purposes of this rule, means an employee that works a schedule consistent with the full-time contract agreement of the school or school district, including evaluations and entitlement to employment benefits.

] [F]E. "Highly qualified school arts program specialist (arts specialist)" means:

(1) an educator with a current educator license and a Level 2 or K-12 specialist endorsement in the art form; or

(2) an elementary classroom teacher with a current educator license who is currently enrolled in a Level 2 specialist endorsement program in the art form and who works with a mentor who holds an arts endorsement; or

(3) a professional artist employed by a public school and accepted into the Board Alternative Routes to License (ARL) program under R277-503 to complete a K-12 endorsement in the art form, which includes the Praxis exam in the case of art, music, or theatre.

(4) In addition to required licensure and endorsements, prospective teachers should provide evidence of facilitating elementary Core learning in at least one art form.

[G]F. "Independent evaluator," for purposes of this rule and [p]Program, means an evaluator selected jointly by the Board and the Utah Arts Council through the required procurement process. The evaluator shall have experience and expertise in education programs and in the arts.

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

H. "Matching funds," for purposes of this rule and [p]Program, means funds that equal the total grant amount received by an [school district/charter school]LEA/consortium to fund an [school district/charter school]LEA/consortium arts coordinator under Section 53A-17a-162(3)(c) and R277-490-5.

I. "USOE" means the Utah State Office of Education.

[I]J. "Utah Arts Council" is a state and nationally funded government entity that assists with professional development and provides direct matching grants to nonprofit organizations across the state of Utah. The Utah Arts Council also conducts programs which provide outreach services (including financial assistance) to schools, local arts councils and organizations, community centers, performing groups, and individual artists.

 

R277-490-2. 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 permits the Board to adopt rules in accordance with its responsibilities, and Section 53A-17a-162 which directs the Board to establish a grant program for [school districts and charter schools]LEAs to hire qualified[, full-time] arts professionals to encourage student participation in the arts in Utah public schools and embrace student learning in Core subject areas.

B. The purpose of this rule is:

(1) to implement the Beverley Taylor Sorenson Elementary Arts Learning Program model in public schools through [school districts, charter schools]LEAs and consortia that submit grants to hire[ highly qualified, full-time] arts specialists who are highly qualified and paid on the licensed teacher salary schedule;

(2) to distribute funds to arts specialists through [school districts and charter schools]LEAs to purchase supplies and equipment;

(3) to allow ten Utah school districts/consortia to hire arts coordinators;

(4) to establish partnerships within established networks with Utah higher education institutions to provide pre-service training, professional development, research and leadership for arts educators and arts education in Utah public schools; and

(5) appropriately monitor, evaluate and report programs and [p]Program results.

 

R277-490-3. Arts Specialist Grant Program.

A. [School districts/charter schools]LEAs or consortia of [school districts or charter schools]LEAs may submit grant requests consistent with time lines provided in this rule.

B. [School district/charter school]LEA consortia:

(1) [School districts/charter schools]LEAs may form consortia to employ arts specialists [if the combined total student number of the consortium is not less than 300 students]appropriate for the number of students served.

(2) The [school district/charter school]LEA shall develop its proposal consistent with the Beverley Taylor Sorenson Elementary Arts Learning Program model outlined under R277-490-1C.

(3) The [school district/charter school]LEA grant shall explain the necessity or greater efficiency and benefit of an arts specialist serving several elementary schools within a consortium of [school districts or charter schools]LEAs.

(4) The [school district/charter schools]LEA grant shall explain a schedule for the specialist(s) to serve the group of schools within several [school districts or charter schools]LEAs similarly to an arts specialist in a single school.

(5) A consortium grant shall provide information for a consortium arts specialist's schedule that minimizes the arts specialist's travel and allows the arts specialist to be well integrated into several schools.

C. Arts specialist grant requirements

(1) Grant programs shall be developed and submitted to the Board consistent with the Beverley Taylor Sorenson Elementary Arts Learning Program model described in R277-490-1C.

(2) Grant applications shall [describe arts specialist recruitment efforts.

(3) Grant applications shall describe plans, including timelines, for:

(a) advertising for specialist(s);

(b) employing specialists, including criminal background checks, as required;

(c) a plan for working with specialists to institutionalize the arts program by encouraging and assisting arts specialists to acquire educator licenses or become relicensed;

(d) a plan for training specialists, providing support for specialists (including mentoring) and appropriate evaluation of specialists.]include documents of compliance with the collaboratively developed implementation requirements. These requirements shall be developed in consultation with a committee with representative members of stakeholder groups in the Program.

D. [School districts/charter schools]LEAs shall review grant applications and forward approved applications to the USOE.

E. Arts specialist timelines

(1) Continuing Beverley Taylor Sorenson schools shall complete assurances as provided by the USOE and submit to school districts by May 1, annually.

(2) New Beverley Taylor Sorenson schools shall complete applications as provided by the USOE and submit to school districts by May 1, annually.

(3) [School districts/charter schools]LEAs shall submit completed applications requiring funding to the USOE by May 7 annually.

(4) The Board, after close consultation with the Utah Arts Council, shall designate schools/consortia for funding no later than June 1 annually.

F. Distribution of funds for arts specialists

(1) Continuing Beverley Taylor Sorenson [school districts/charter schools]LEAs shall submit complete information of salaries (including benefits) of all Beverley Taylor Sorenson specialists employed by the [school district/charter school]LEA, as requested by the USOE.

(2) The USOE shall distribute funds to continuing Beverley Taylor Sorenson [school districts/charter schools]LEAs annually in equal amounts per program, consistent with Section 53A-17a-162(6) and (7).

(3) The USOE shall distribute funds designated in Section 53A-17a-162(7) to additional Beverley Taylor Sorenson [school districts/charter schools]LEAs.

 

R277-490-4. Distribution of Funds for Arts Specialist Supplies.

A. The Board shall distribute funds for arts specialist supplies to [school districts/charter schools]LEAs/consortia [no later than July 1 annually]as available.

B. [School districts/charter schools]LEAs shall distribute funds to participating schools as provided in the approved [school district/school]LEA/consortia grant and consistent with [school district/charter school]LEA procurement policies.

C. [School districts/charter schools]LEAs/consortia shall require arts specialists to provide adequate documentation of arts supplies purchased consistent with the school/consortium plan, this rule and the law.

D. Summary information about effective supplies and equipment shall be provided in the school/consortium evaluation of the [p]Program.

 

R277-490-5. [ School Districts/Charter Schools ] LEA /Consortia Employment of [ School District/Charter School ] LEA /Consortia Arts Coordinators.

A. [School districts/charter schools]LEAs/consortia may apply for funds to employ full-time arts coordinators in their [school district/charter school]LEAs/consortium.

B. Applicants shall explain how arts coordinators will be used consistent with the Beverley Taylor Sorenson Elementary Arts Learning Program model, what requirements arts coordinators must meet, and what training will be provided by whom.

C. Applicants shall provide documentation of committed matching funds that equal the request from the [school district/charter school]LEA/consortium.

D. Preference shall be given to applicants that demonstrate in their proposed recruitment and use of coordinators diligent and creative efforts to employ arts coordinators who mirror the minority or unique populations that make up the schools in which coordinators will work.

E. The Board, following close consultation with the Utah Arts Council, shall select [school districts/charter schools]LEAs/consortia to receive funds under this section.

F. Funds shall be distributed to designated [school districts/charter schools]LEAs/consortia no later than July 1 annually.

 

R277-490-6. Arts Program Partnership with Utah Institutions of Higher Education for Pre-service, Professional Development, Research, and Leadership Training.

A. The Board shall work closely with the Utah Arts Council to identify interested Utah higher education institutions eligible, prepared and geographically and programmatically suited to work with identified arts specialists, arts coordinators and the schools and programs in which specialists/coordinators are employed.

B. The Board, in close partnership with the Utah Arts Council, shall determine funding and payment timelines to eligible Utah higher education institutions for designated services as appropriate and necessary.

 

R277-490-7. Beverley Taylor Sorenson Elementary Arts Learning Program Evaluation and Reporting.

A. The Board, in consultation with the Utah Arts Council, shall contract annually[, beginning in May 2009,] with an independent qualified evaluator through the state procurement process.

B. The Board and the Utah Arts Council shall jointly report annually to the Education Interim Committee as provided in Section 53A-17a-162(6).

 

KEY: arts program, grants, public schools

Date of Enactment or Last Substantive Amendment: [July 11, 2011]2013

Notice of Continuation: June 10, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-17a-162