DAR File No. 38005

Education, Administration

Section R277-477-4

Distribution of Funds - Determination of Proportionate Share

Notice of Proposed Rule

(Amendment)

DAR File No.: 38005
Filed: 09/16/2013 10:56:44 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R277-477-4 is amended to provide clarifying language describing the distribution to charter schools to make it in line with statute.

Summary of the rule or change:

The amendment removes "1/25 of one percent" and adds "0.4 percent" in Subsection R277-477-4(D).

State statutory or constitutional authorization for this rule:

• Subsection 53A-16-101.5(3)(c)
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The amendment is for clarification purposes and does not result in a cost or savings.

local governments:

There is no anticipated cost or savings to local government. The amendment is for clarification purposes and does not result in a cost or savings.

small businesses:

There is no anticipated cost or savings to small businesses. The amendment applies to public education and does 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 amendment is for clarification purposes and does not result in a cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The amendment is for clarification purposes and does not create a compliance requirement.

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:

10/31/2013

This rule may become effective on:

11/07/2013

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-477. Distribution of Funds from the Interest and Dividend Account and Administration of the School LAND Trust Program.

R277-477-4. Distribution of Funds - Determination of Proportionate Share.

A. A designated amount appropriated by the Legislature from the Interest and Dividends Account shall be used to fund the School Children's Trust Section, the administration of the program and other duties outlined in this rule and Sections 53A-16-101.5 and 53A-16-101.6. Any unused balance initially allocated for School LAND Trust Program administration shall be deposited in the Interest and Dividends Account for future distribution to schools in the School LAND Trust Program.

B. Funds shall be distributed to school districts and charter schools as provided under Section 53A-16-101.5(3)(a). The distribution shall be based on the state's total fall enrollment as reflected in the audited October 1 Fall Enrollment Report from the previous school year.

C. Each school district shall distribute funds received under R277-477-3A to each school within each school district on an equal per student basis.

D. Charter schools shall receive funding from the USOE on a per pupil basis, provided that each charter school receives at least [1/25 of one percent]0.4 percent of the total available to charter schools as a group. The remainder of the distribution to charter schools shall be allocated to all charter schools that do not receive the minimum amount, on a per pupil basis.

E. Local boards of education shall adjust distributions, maintaining an equal per student distribution within a school district for school openings and closures and for boundary changes occurring after the audited October 1 Fall Enrollment Report of the prior year.

F. If a school chooses not to apply for School LAND Trust Program funds nor meet the requirements for receiving funds, the funds allocated for that school shall be retained by the USOE and included with the statewide distribution for the following school year.

G. Local boards and school districts shall ensure timely notification to chairs and principals of the availability of the funds to schools with approved plans.

H. Plans submitted by the USDB governing board shall be reviewed and approved by the School Children's Trust Section and reported to the State Superintendent or designee.

 

KEY: schools, trust lands funds

Date of Enactment or Last Substantive Amendment: 2013

Notice of Continuation: June 10, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-16-101.5(3)(c); 53A-1-401(3)