DAR File No. 39286

Education, Administration

Rule R277-459

Classroom Supplies Appropriation

Notice of Proposed Rule

(Amendment)

DAR File No.: 39286
Filed: 04/15/2015 03:26:20 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide updated definitions, to clarify the funding process for the teacher supplies and materials appropriation, and to provide minor terminology and technical changes.

Summary of the rule or change:

The amendments include: adding and revising definitions and changing terminology throughout the rule to reflect the new definition of local education agency (LEA); and providing new language that clarifies the funding process to be followed in the event that the teacher supplies and materials appropriation is not sufficient to provide each teacher the full amount allowed by law and by intent language from H.B. 2 (2015 Legislative Session), Public Education Budget Amendments.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-402(1)(b)

Anticipated cost or savings to:

the state budget:

The amendments to rule clarify the funding process for the teacher supplies and materials appropriation for eligible public school teachers which likely will not result in a cost or savings to the state budget.

local governments:

The amendments to rule clarify the funding process for the teacher supplies and materials appropriation for eligible public school teachers. This will likely not result in a cost or savings to local government because the appropriation will only be administered to the extent of the appropriation.

small businesses:

The amendments to rule clarify the funding process for the teacher supplies and materials appropriation for eligible public school teachers which likely will not result in a cost or savings to small businesses.

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

The amendments to rule clarify the funding process for the teacher supplies and materials appropriation which may result in some eligible public school teachers not receiving the full amount allowed by law. A teacher may receive less money than the teacher previously received for teacher supplies and materials. The appropriation is an estimate and funding impacts are speculative and difficult to assess as this time.

Compliance costs for affected persons:

The amendments to rule clarify the funding process for the teacher supplies and materials appropriation for eligible public school teachers which likely will not result in any compliance costs for affected persons.

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.

Brad C. Smith, 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:

• Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@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:

06/01/2015

This rule may become effective on:

06/08/2015

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

R277. Education, Administration.

R277-459. [Classroom]Teacher Supplies and Materials Appropriation.

R277-459-1. Definitions.

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

B. "Classroom teacher" definition criteria:

(1) Eligible teachers shall be in a permanent teacher position filled by one teacher or two or more job-sharing teachers employed by a school district, the Utah Schools for the Deaf and the Blind, or charter schools.

(2) Eligible teachers are licensed personnel, and paid on a school district's salary schedule or a charter school's salary schedule.

(3) Teachers shall be employed for an entire contract period.

(4) The teacher's primary responsibility shall be to provide instructional or a combination of instructional and counseling services to students in public schools.

C. "Comprehensive Administration of Credentials for Teachers in Utah Schools (CACTUS)" means the electronic file maintained on all licensed Utah educators. The file includes such as:

(1) personal directory information;

(2) educational background;

(3) endorsements;

(4) employment history;

(5) professional development information; and

(6) a record of disciplinary action taken against the educator. All information contained in an individual's CACTUS file is available to the individual, but is classified private or protected under Section 63G-2-302 or 305 and is accessible only to specific designated individuals.

D. "Field trip" means a district, or school authorized excursion for educational purposes.

E. "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.

[E]F. "Teaching supplies and materials" means both [expendable and nonexpendable]consumable and nonconsumable items that are used for educational purposes by teachers in classroom activities and may include such items as:

(1) paper, pencils, workbooks, notebooks, supplementary books and resources;

(2) laboratory supplies, e.g. photography materials, chemicals, paints, bulbs (both light and flower), thread, needles, bobbins, wood, glue, sandpaper, nails and automobile parts;

(3) laminating supplies, chart paper, art supplies, and mounting or framing materials;

(4) The definition of teaching supplies and materials should be broadly construed in so far as the materials are used by the teacher for instructional purposes or to protect the health of teachers in instructional or lab settings, or in conjunction with field trips.

[F]G. "USOE" means the Utah State Office of Education.

 

R277-459-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution Article X, Section 3 which gives general control and supervision of the public school system to the Board, by Section 53A-1-402(1)(b) which directs the Board to establish rules and minimum standards for school programs, and by state legislation which provides a designated appropriation for teacher [classroom ]supplies and materials.

B. The purpose of this rule is to distribute money through [school districts, the Utah Schools for the Deaf and the Blind, or charter schools]LEAs to classroom teachers for school materials, supplies, field trips, and purposes or equipment that protect the health of teachers in instructional or lab settings or in conjunction with field trips.

 

R277-459-3. Distribution of Funds.

A. The Board [shall]may distribute funds to [school districts, charter schools and the Utah Schools for the Deaf and the Blind]LEAs based on data submitted to the CACTUS database.

B. [School districts, charter schools and the Utah Schools for the Deaf and the Blind]LEAs shall distribute funds for classroom supplies consistent with the amounts for salary schedule steps and teaching assignments as appropriated.

C. Individual teachers shall designate the uses for their allocations consistent with the criteria of this rule. [School districts/charter schools]LEAs and other eligible schools may develop policies, procedures and timelines to facilitate the intent of the appropriation.

D. Each [school district/charter school]LEA shall ensure that each eligible individual has the opportunity to receive the proportionate share of the appropriation. If the appropriation is not sufficient to provide each teacher the full amount allowed by law, teachers on salary steps one through three shall receive the full amount allowed with the remaining money apportioned to all other teachers.

E. If a teacher has not spent or committed to spend the individual allocation by April 1, the school or [district]LEA may make the excess funds available to other teachers or may reserve the money for use by eligible teachers the following year.

F. These funds shall supplement, not supplant, existing funds for identified purposes.

G. These funds shall be accounted for by the [school district/charter school]LEA or eligible school using state and school district procurement and accounting policies.

H. The funds and supplies purchased with the funds are the property of the [school district, the Utah Schools for the Deaf and the Blind, or charter schools]LEA.

(1) Employees do not personally own materials purchased with designated public funds.

(2) [A school district or charter school]An LEA may by policy allow individual teachers to use supply funds to protect teacher health with consumable materials that may not be able to be reused by the school.

 

R277-459-4. Other Provisions.

A. [Districts, the Utah Schools for the Deaf and the Blind, or charter schools]LEAs shall allow, but not require, teachers to jointly use their allocations.

B. [School districts, the Utah Schools for the Deaf and the Blind, and charter schools]LEAs may carry over these funds, if necessary.

 

KEY: teachers, supplies

Date of Enactment or Last Substantive Amendment: [July 11, 2011]2015

Notice of Continuation: July 1, 2010

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1)(b)