DAR File No. 40508
This rule was published in the July 1, 2016, issue (Vol. 2016, No. 13) of the Utah State Bulletin.
Beverley Taylor Sorenson Elementary Arts Learning Program (BTSALP)
Notice of Proposed Rule
DAR File No.: 40508
Filed: 06/15/2016 08:22:04 PM
Purpose of the rule or reason for the change:
This rule is amended in response to H.B. 40, Agency Reporting Requirements, from the 2016 General Session, which deleted several reporting requirements for the Board.
Summary of the rule or change:
Amendments to this rule remove Section R277-490-8, Program Reporting, because the reporting requirement is no longer required under state law, and provide technical and conforming changes throughout the rule.
State statutory or constitutional authorization for this rule:
- Art X, Sec 3
- Section 53A-17a-162
- Section 53A-1-401
Anticipated cost or savings to:
the state budget:
The amendments to this rule remove unnecessary language and provide technical and conforming changes, which likely will not result in a cost or savings to the state budget.
The amendments to this rule remove unnecessary language and provide technical and conforming changes, which likely will not result in a cost or savings to local government.
The amendments to this rule remove unnecessary language and provide technical and conforming changes, 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 this rule remove unnecessary language and provide technical and conforming changes, 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:
The amendments to this rule remove unnecessary language and provide technical and conforming changes, 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 the amendments to this rule.
Sydnee Dickson, Interim State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Office 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 email@example.com
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 (BTSALP).
. 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[ ,]
(3)] which [ permits] the Board to [ adopt rules in accordance with its
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 BTSALP model in public schools through
LEAs and consortia that submit grant applications to hire arts
specialists[ as defined in R277-490-1F and]
paid on the licensed teacher salary schedule;
2]) to distribute funds to LEAs to purchase supplies and
equipment as provided for in Section
53A-17a-162(4) and (6);
3]) to fund activities at endowed universities[ as defined in Section 53A-17a-162] to provide
pre-service training, professional development, research and leadership for arts educators and arts education in
Utah public schools; and
4]) to appropriately monitor, evaluate
and report programs and program results.
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 coordinator[ s] [ (]coordinator[ )]" means
individual[ s], 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
/] guide[ /] organize the gathering of assessment data[ ,]
represent the LEA or consortium arts program[
provide general leadership for arts education throughout the LEA or consortium.
C.] "Beverley Taylor Sorenson Elementary Arts Learning
Program model," "BTSALP model," or
"Program" means a [ P]rogram in grades K-6 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 instruction; and
3]) other activities that may be proposed by an LEA on a
grant application and approved by the Board.
D. "Board" means the Utah State Board of
E.] "Endowed university" means an institution of
higher education in the state as defined in S
F.] "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 form;
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;
3]) a professional artist employed by a public school and
accepted into the Board Alternative Routes to License (ARL) program
R277-503 to complete a K-12 endorsement in the art
form, which includes the Praxis exam in the case of art, music, or
4]) an individual who qualifies for an educator license under
Board rule that qualifies the individual for the position provided
a]) an LEA provides an affidavit verifying that a reasonable
search was conducted for an individual who would qualify for an
educator license through other means; and
b]) the LEA reopens the position and conducts a new search
every two years.
5]) In addition to required licensure and endorsements,
prospective teachers should provide evidence of facilitating
elementary Core learning in at least one art form.
G. "LEA" or "local education agency"
means a school district, charter school or, for purposes of this
rule, the Utah Schools for the Deaf and the Blind.]
H.] "Matching funds[ ,]" [ for purposes of this rule and the Program,] means
funds that equal 20[ percent] of the total costs for salary plus benefits incurred by an
consortium to fund [ an] LEA[ /]
consortium's arts specialist[ in Subsection R277-490-1F].
I. "USOE" means the Utah State Office of
R277-490-3. Arts Specialist Grant Program .
A.] LEA[ s] or
consorti[ a] of LEAs may submit
grant request[ s] consistent with time lines provided in this
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 BTSALP 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
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
C. LEA grant requirements: (1) An LEA shall develop and submit a grant program to the
Board that is consistent with the BTSALP model described in
2]) An LEA's grant application shall include the
collaborative development of the application with the
partner endowed university and School Community
come[ s] from School LAND Trust Funds.
D. Program timelines:]
P]rogram grant application[ s shall be completed] annually.
[ s shall receive funding priority].
completed application[ s] requesting funding to the [ USOE] by May 1 annually.
3]) The Board shall designate
consorti[ a] for funding no later than June 1 annually.
E. Distribution of funds for arts specialists]
P]rogram LEA[ s]
shall submit complete information of salaries
[ (]including benefits[ )] of all [ P]rogram specialists employed by the LEA
no later than September 30 annually.
(2) If a [
provides[ the] matching funds [ described in R277-490-3E(3)], the [ USOE] shall distribute funds to [ P]rogram [ LEAs] annually equal to 80[ percent] of the salaries plus benefits for approved hires in [ this] program, consistent with S
ections 53A-17a-162(5) and(6).
An individual specialist grant amount may not exceed $70,000 .
3]) A [ Program LEA] shall provide matching funds for each
specialist funded through the [ P]rogram.
. Distribution of Funds for Arts Specialist Supplies.
A.] The Board shall distribute funds for arts specialist
consorti[ a] as available.
B.] [ LEAs] shall distribute funds to participating
schools as provided in the approved LEA[ /] consorti[ a] 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 [ P]rogram.
Employment of [
A.] LEA[ s/]
consorti[ a] may apply for funds to employ arts coordinators in [ their] LEA[ s/]
These are intended as small [
grants to] rural
districts to help support arts education and the implementation of
B.] [ A]pplicant[ s] shall explain
s] will be used
consistent with the BTSALP model[ ,]
s] must meet[ ,] and
what training will be provided by whom.
C. Applicants shall provide documentation of committed
matching funds that equal 20 percent of the grant
D.] The [ USOE] shall notify an LEA that receives a grant
award no later than June 1 annually.
. Endowed University Participation in the BTSALP.
A.] The [ Board] may consult with endowed chairs and
integrated arts advocates regarding program development and
B. Endowed university grants:]
[ E]ndowed universit[ ies] may apply for grant funds to fulfill the purposes of this
(a) delivery of high quality professional development to participating LEAs;
(b) the design and completion of research related to the program;
(c) providing the public with elementary arts education resources; and
(d) other program related activities as may be included in a grant application and approved by the Board.
[ E]ndowed university grant application[ s] shall include documentation of collaborative
development of a plan for delivery of high quality professional
development to participating LEAs.
Board] shall determine the LEAs assigned to each
3]) The Board may award no more than 10[ percent] of the total legislative appropriation [ to] grants to endowed universities.
4]) The [ USOE] shall monitor the activities of the grantees
to ensure compliance with grant rules, fulfillment of grant
and appropriate fiscal procedures.
E]ndowed universit[ ies] shall cooperate with the [ USOE] in the monitoring of [ their] grant[ s].
[ E]ndowed universit[ ies] that receive
grant funds shall consult, as requested by the [ Board], in the development and presentation of an
annual written program report as required in statute.
. LEAs Cooperation with [
A. USOE ] BTSALP staff
school[ s] receiving
grant[ s] to observe implementation of the grant[ s].
B.] BTSALP school[ s] shall cooperate with the [ USOE] to allow visits of members of the Board,
legislators, and other invested partners to promote elementary arts
C.] LEA[ s] shall accurately report the number[ s] of students impacted by the [ P]rogram grant and report on the delivery systems to those
students as requested by the [ USOE].
D.] LEA[ s] found to be out of compliance with the terms of
the grant will be notified within 30 days of the discovery of[ such] non-compliance.
LEA[ s] found to be in non-compliance will be given 30
days to correct the issues.
2]) If non-compliance is not resolved within that time frame,
LEA[ s are]
subject to losing the grant funds for the school or
schools found to be non-compliant.
R277-490-8. Program Reporting.
The Board shallreport annually to the Education Interim
Committee as provided in Section 53A-17a-162(8).
KEY: arts program , grants, public schools, endowed universities
Date of Enactment or Last Substantive Amendment: [
July 8, 2015]
Notice of Continuation: June 10, 2013
Authorizing, and Implemented or Interpreted Law: Art X Sec 3;
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 firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.