DAR File No. 39376
This rule was published in the June 1, 2015, issue (Vol. 2015, No. 11) of the Utah State Bulletin.
Beverley Taylor Sorenson Elementary Arts Learning Program
Notice of Proposed Rule
DAR File No.: 39376
Filed: 05/15/2015 07:41:37 AM
Purpose of the rule or reason for the change:
S.B. 75, Elementary Arts Learning Program Amendments, 2015 General Session, amended state law regarding the Beverley Taylor Sorenson Elementary Arts Learning Program (BTSALP) to allow local education agencies (LEAs) more flexibility in the use of grant money, as well as define roles of the Utah State Office of Education (USOE) and the Beverley Taylor Sorenson endowed universities.
Summary of the rule or change:
Amendments to Rule R277-490 provide new and revised definitions; revised BTSALP grant criteria; provisions for endowed universities; and add a new Section R277-490-7 regarding LEA cooperation with the USOE.
State statutory or constitutional authorization for this rule:
- Subsection 53A-1-401(3)
- Art X Sec 3
- Section 53A-17a-162
Anticipated cost or savings to:
the state budget:
It is anticipated that there is likely no cost or savings to the state budget. The BTSALP including the new criteria will be managed by USOE staff as in past years.
There may be additional costs resulting from the amendments to this rule. The additional costs to LEAs are speculative and will vary based on the amount of matching funds currently required and a required minimum 20 percent match.
It is anticipated that there is likely no cost or savings to small businesses. The BTSALP affects public and higher education and does not affect small businesses.
persons other than small businesses, businesses, or local governmental entities:
It is anticipated that there is likely no cost or savings to persons other than small businesses, businesses, or local government entities. The BTSALP affects public and higher education and does not affect individuals.
Compliance costs for affected persons:
There are likely minimal compliance costs for affected persons. In order to receive funding for the BTSALP, an applicant must provide documentation of committed matching funds that equal 20 percent of the grant request.
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
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 firstname.lastname@example.org
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:
Angela Stallings, Associate Superintendent, Policy and Communication
R277. Education, Administration.
R277-490. Beverley Taylor Sorenson Elementary Arts Learning Program.
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 Program coordinators (coordinator)" means individuals, employed full-time, who are responsible to coordinate arts programs for the 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 LEA or consortium arts program, and provide general leadership for arts education throughout the LEA or consortium.
C. Beverley Taylor Sorenson Elementary Arts Learning Program model means a Program with the following components:
(1) a qualified arts specialist to work
collaboratively with the regular classroom teacher to deliver
quality, sequential, and developmental arts instruction in
alignment with the state Fine Arts Core Curriculum;[
(2) regular collaboration between the
classroom teacher and arts specialist in planning arts integrated
D. "Board" means the Utah State Board of Education.
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
(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
(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.
F. "Independent evaluator," for purposes of this
rule and 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 district[ s], charter school[ s, and] for purposes of this rule, the Utah Schools for the Deaf
and the Blind.
H. "Matching funds," for
purposes of this rule and
Program, means funds that equal
the total [
grant amount received] by an LEA/consortium
to fund an LEA/consortium
arts [ coordinator under Section 53A-17a-162(3)(c) and] R277-490-[ 5].
I. "USOE" means the Utah State Office of Education.
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
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 LEAs to hire qualified 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 LEAs and consortia
that submit grant[ s]
to hire arts specialists [ who are highly qualified] and paid on the licensed teacher
(2) to distribute funds to[
arts specialists through] LEAs to purchase
supplies and equipment;
(3) to allow ten Utah school districts/consortia to hire
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
appropriately monitor, evaluate and report programs and [ P]rogram results.
R277-490-3. Arts Specialist Grant Program.
A. LEAs or consortia of LEAs may submit grant requests consistent with time lines provided in this rule.
B. LEA consortia:
(1) LEAs may form consortia to employ arts specialists appropriate for the number of students served.
(2) The LEA shall develop its proposal
consistent with the [
Beverley Taylor Sorenson Elementary Arts Learning
Program] model outlined under R277-490-1C.
(3) The LEA grant shall explain the necessity or greater efficiency and benefit of an arts specialist serving several elementary schools within a consortium of LEAs.
(4) The LEA grant shall explain a schedule for the specialist(s) to serve the group of schools within several 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.
Arts specialist] grant requirements
Grant programs] shall[ be] develop[ ed] and submit[ ted]
to the Board
consistent with the [ Beverley Taylor Sorenson Elementary Arts Learning
Program] model described in R277-490-1C.
G]rant application[ s] shall 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. LEAs shall review grant applications and forward
approved applications to the USOE.
E]. [ Arts specialist] timelines
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]) 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
F]. Distribution of funds for arts specialists
Continuing Beverley Taylor Sorenson] LEAs shall submit complete information of salaries
(including benefits) of all [ Beverley Taylor Sorenson] specialists employed by the LEA[ , as requested by the USOE].
T]he USOE shall distribute funds to [ continuing Beverley Taylor Sorenson] 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
R277-490-4. Distribution of Funds for Arts Specialist Supplies.
A. The Board shall distribute funds for arts specialist supplies to LEAs/consortia as available.
B. LEAs shall distribute funds to participating schools as provided in the approved LEA/consortia grant and consistent with LEA procurement policies.
C. 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 Program.
R277-490-5. LEA/Consortia Employment of LEA/Consortia Arts Coordinators.
A. LEAs/consortia may apply for funds to
full-time] arts coordinators in their
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
from the 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 LEAs/consortia to receive funds under
F]. [ Funds shall be distributed to designated
later than [ July] 1 annually.
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.
7]. [ Beverley Taylor Sorenson Elementary Arts Learning Program Evaluation and] Reporting.
A. The Board, in consultation with the Utah Arts Council,
shall contract annually 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: [
August 7, 2013]
Notice of Continuation: June 10, 2013
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-17a-162
More information about a Notice of Proposed Rule is available online.
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For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Division of Administrative Rules.