DAR File No. 40288

Education, Administration

Rule R277-478

Block Grant Funding

Notice of Proposed Rule

(Repeal)

DAR File No.: 40288
Filed: 03/30/2016 02:09:21 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-478 was coming due for its five-year review and continuation on 06/30/2016. Following a review of the rule, it was determined that the rule is no longer necessary so it is being repealed.

Summary of the rule or change:

Rule R277-478 is repealed in its entirety because the statute that provided for local discretionary block grant programs has been repealed, and the quality teaching block grant has not been funded since 2010.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Article X, Section 3

Anticipated cost or savings to:

the state budget:

Rule R277-478 is repealed in its entirety, which likely will not result in a cost or savings to the state budget.

local governments:

Rule R277-478 is repealed in its entirety, which likely will not result in a cost or savings to local government.

small businesses:

Rule R277-478 is repealed in its entirety, which likely will not result in a cost or savings to small businesses.

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

Rule R277-478 is repealed in its entirety, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Rule R277-478 is repealed in its entirety, which likely will not result in any compliance costs for affected persons.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:

To the best of my knowledge, there should be no fiscal impact on businesses resulting from repeal of this rule.

Sydnee Dickson, Interim 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:

05/16/2016

This rule may become effective on:

05/23/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

R277. Education, Administration.

[R277-478. Block Grant Funding.

R277-478-1. Definitions.

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

B. "Core Curriculum (Core)" means minimum academic standards provided through courses as established by the Board which shall be mastered by all students K-12 as a requisite for graduation from Utah's secondary schools.

C. "Fiscal Year (FY)" means the twelve month period from July 1 through June 30 during which state funds are distributed.

D. "Limited English proficient (LEP)" means a student who:

(1) is aged 3 through 21;

(2) was not born in the United States or whose native language is a language other than English and comes from an environment where a language other than English is dominant; or

(3) is a Native American or Alaska Native or who is a native resident of the outlying areas and comes from an environment where a language other than English has had a significant impact on such individual's level of English language proficiency; or

(4) is migratory and whose native language is other than English and comes from an environment where a language other than English is dominant; and

(5) has sufficient difficulty speaking, reading, writing, or understanding the English language and whose difficulties may deny such individual the opportunity to learn successfully in classrooms where the language of instruction is English or to participate fully in our society.

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

 

R277-478-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution, Article X, Section 3, which vests general control and supervision of public education in the Board, 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 establish criteria and procedures for distributing block grant funds and to provide for appropriate monitoring, reporting, and accountability.

 

R277-478-3. Local Discretionary Block Grant Programs.

A. Districts and charter schools shall use Local Discretionary Block Grant funds for:

(1) maintenance and operation costs;

(2) capital outlay; and

(3) debt service.
B. Local Discretionary Block Grant funds shall be distributed using the following formula:

(1) Eight percent of the total local discretionary block grant appropriation shall be divided into 41 equal shares.

(2) Each district shall receive one share.

(3) One share shall be divided equally among all charter schools except charter schools which were once existing district schools.

(4) The remaining portion of the local discretionary block grant appropriation (ninety two percent)shall be divided among the districts and charters based upon their total WPUs in K-12, and the necessarily existent small schools portion of the Minimum School Basic program.

C. Local discretionary program expenditures shall:

(1) meet criteria and accountability standards consistent with the purposes of this rule.

(2) be reported to the Board in annual budget and financial reports.

 

R277-478-4. Quality Teaching Block Grant.

A. Districts and charter schools shall use Quality Teaching Block Grant funds to implement school and school district comprehensive, long-term professional development plans required under Section 53A-3-701.

B. Each local school board shall, as provided by Section 53A-3-701, review and either approve or recommend modifications for each school's comprehensive, long-term professional development plan within the district so that each school's plan is compatible with the district's comprehensive, long-term professional development plan.

C. Each local school board and charter school governing board shall approve in an open public meeting a plan to spend Quality Teaching Block Grant funds to implement the school district's or charter school's comprehensive, long-term professional development plan. In developing the plan, districts and charter schools should consider involving educators from every core area.

D. By September 1 of each year, the local school board or charter school governing board shall submit a copy of its plan, a letter of assurance to the Board that the plan was approved in an open and public meeting, and a copy of the local board minutes of the meeting in which the plan was approved.

E. If a local school board or charter school governing board fails to submit the documents specified in R277-478-5D to the Board by September 1, the Board shall withhold the distribution of Quality Teaching Block Grant funds until documentation required under this rule is provided.

F. Career Ladder Programs

(1) Districts and charter schools may choose to implement a career ladder program of their own design with money received under the Quality Teaching Block Grant.

(2) If a career ladder program is funded, districts and charter schools shall ensure that their school and district professional development plans are consistent with Section 53A-3-701(2)(iv).

(3) Districts and charters shall also report to the Board how the career ladder funds were spent consistent with Section 53A-9-106.

G. Quality Teaching Block Grant funds shall be distributed using the following formula: thirty percent of the total Quality Teaching Block Grant funds shall be distributed on the basis of the number of full-time equivalent teachers employed by the district or charter school for the immediately previous school year. The remaining seventy percent of the funds shall be distributed on the basis of the number of WPUs in the basic programs of the Minimum School Program for the immediately previous school year.

 

KEY: educational expenditures, block grant funding

Date of Enactment or Last Substantive Amendment: August 8, 2011

Notice of Continuation: June 30, 2011

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