DAR File No. 38774

This rule was published in the September 1, 2014, issue (Vol. 2014, No. 17) of the Utah State Bulletin.

Education, Administration

Rule R277-402

School Readiness Initiative

Notice of Proposed Rule

(New Rule)

DAR File No.: 38774
Filed: 08/15/2014 06:15:48 AM


Purpose of the rule or reason for the change:

Rule R277-402 is created in response to H.B. 96, Utah School Readiness Initiative, from the 2014 General Legislative Session.

Summary of the rule or change:

Rule R277-402 provides procedures for the Board to solicit proposals to fund grants for qualifying local education agency (LEA) early childhood programs; make recommendations to the School Readiness Board prioritizing the applications for funding, and monitor and evaluate the program.

State statutory or constitutional authorization for this rule:

  • Subsection 53A-1b-106(13)
  • Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

Funds are appropriated by H.B. 96 (2014) for state agencies. It is uncertain if the appropriation will cover all costs of state agencies required to participate in the program.

local governments:

It is unknown what LEA costs will be for LEAs to develop programs under this rule. It depends on the current LEA programs, size of the programs, private contributions, or resources in the LEA.

small businesses:

The School Readiness Initiative is funded and administered by the state which likely will not result in a cost or savings to small businesses.

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

Consistent with state law, a sliding fee may be charged to students participating in a high quality preschool program, based on household income. Costs are too speculative to determine at this time. It is possible that LEAs may charge parents for preschool programs. Costs are unknown.

Compliance costs for affected persons:

Funds for compliance at the state level were appropriated. It is uncertain whether funds are adequate.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I believe that there is likely 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:

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:


This rule may become effective on:


Authorized by:

Carol Lear, Director, School Law and Legislation


R277. Education, Administration.

R277-402. School Readiness Initiative.

R277-402-1. Definitions.

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

B. "Economically disadvantaged status" means public education students who satisfy criteria of Section 53A-1b-102(2).

C. "Eligible LEA," for purposes of this rule, means an LEA that meets requirements of Section 53A-1b-102(4).

D. "LEA" means local education agency, including local school boards/ public school districts and charter schools.

E. "School Readiness Board" means the board established under Section 53A-1b-103.

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


R277-402-2. 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-1b-106(13) that requires the Board to make rules to effectively administer and monitor the high quality school readiness grant program, and Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to provide for appointments of School Readiness Board members by public education entities, provide timelines for USOE review and Board approval of proposals for the High Quality School Readiness Programs, and provide for program monitoring, evaluation and reporting as required by law.


R277-402-3. Board and Board-related Responsibilities.

A. The Board shall appoint one member to the School Readiness Board.

B. The Chair of the State Charter School Board shall appoint one member of the School Readiness Board.

C. The Board shall solicit proposals from eligible LEAs on the following timeline:

(1) the USOE shall convene a committee (expert committee) composed of members with early childhood experience or expertise;

(2) eligible LEAs shall submit proposals to the USOE by June 1 annually;

(3) the expert committee shall use a USOE-developed rubric to review proposals from eligible LEAs and make recommendations to the Board for funding based on point scores of applications before July 1 annually; and

(4) the Board shall make recommendations to the School Readiness Board before August 1 annually.

D. LEA grant recipients shall provide reports annually to the Board, consistent with Section 53A-1b-106(11).

E. The Board shall share information with the School Readiness Board for the School Readiness Board's report to the Education Interim Committee, consistent with Section 53A-1b-111.

F. The Board may adjust application timelines from year to year as necessary.


R277-402-4. LEA Responsibilities.

A. LEAs shall submit proposals consistent with the USOE application and the timeline in R277-402-3(2).

B. LEAs that receive school readiness grants, shall assign each student that participates in the school readiness iniative a unique student identifier, in consultation with the USOE, before September 20 annually.

C. LEAs that receive school readiness grants shall report annually to the Board and the School Readiness Board.

D. LEA grant recipients shall cooperate with Board and School Readiness Board requests for data to satisfy monitoring and reporting requirements.


KEY: schools, readiness, initiatives, grants

Date of Enactment or Last Substantive Amendment: 2014

Authorizing, Implemented, or Interpreted Law: Art X Sec 3; 53A-1b-106(3); 53A-1-401(3)


Additional Information

More information about a Notice of Proposed Rule is available online.

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/2014/b20140901.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.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

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 carol.lear@schools.utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.