DAR File No. 40508

Education, Administration

Rule R277-490

Beverley Taylor Sorenson Elementary Arts Learning Program (BTSALP)

Notice of Proposed Rule

(Amendment)

DAR File No.: 40508
Filed: 06/15/2016 08:22:04 PM

RULE ANALYSIS

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.

local governments:

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.

small businesses:

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
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 [email protected]

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:

08/01/2016

This rule may become effective on:

08/08/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

R277. Education, Administration.

R277-490. Beverley Taylor Sorenson Elementary Arts Learning Program (BTSALP).

R277-490-[2]1 . Authority and Purpose.

[A.](1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3 , which vests general control and supervision [of]over public education in the Board[,];

(b) Section 53A-1-401[(3)], which [permits]allows the Board to [adopt rules in accordance with its responsibilities,]make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(c) 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.](2) The purpose of this rule is:

([1]a) 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] who are paid on the licensed teacher salary schedule;

([2]b) to distribute funds to LEAs to purchase supplies and equipment as provided for in Subsection s 53A-17a-162(4) and (6);

([3]c) 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]d) to appropriately monitor, evaluate , and report programs and program results.

 

R277-490-[1]2 . Definitions.

[A.](1) "Arts equipment and supplies" [means]includes 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.](2) "Arts Program coordinator[s]" or [(]"coordinator[)]" means an individual[s], employed full-time, who [are]is responsible to :

(a) coordinate arts programs for [the]an LEA[(as defined in R277-490-1G)] or consortium[,];

(b) inform arts teachers[,];

(c) organize arts professional development [(]including organizing arts local learning communities[),];

(d) oversee[/], guide[/], and organize the gathering of assessment data[,];

(e) represent the LEA or consortium arts program[,]; and

(f) provide general leadership for arts education throughout the LEA or consortium.

[C.](3) "Beverley Taylor Sorenson Elementary Arts Learning Program model," "BTSALP model," or "Program" means a [P]program in grades K-6 with the following components:

([1]a) 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]b) regular collaboration between the classroom teacher and arts specialist in planning arts integrated instruction; and

([3]c) 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 Education.]

[E.](4) "Endowed university" means an institution of higher education in the state as defined in S ubsection 53A-17a-162(1)(b).

[F.](5) "Highly qualified school arts program specialist " or [(]"arts specialist[)]" means:

([1]a) an educator with :

(i) a current educator license ; and

(ii) a Level 2 or K-12 specialist endorsement in the art form;

([2]b) 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]c) a professional artist employed by a public school and accepted into the Board Alternative Routes to License (ARL) program under Rule 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; or

([4]d) an individual who qualifies for an educator license under Board rule that qualifies the individual for the position provided that:

([a]i) 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]ii) the LEA reopens the position and conducts a new search every two years.

([5]e) 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.](6) "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 LEA[/] or consortium to fund [an]the LEA[/] or consortium's arts specialist[in Subsection R277-490-1F].

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

 

R277-490-3. Arts Specialist Grant Program - LEA Consortium.

(1) LEAs may form a consortium to employ arts specialists appropriate for the number of students served.

[A.](2) An LEA[s] or a consorti[a]um of LEAs may submit a grant request[s] 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]3) [The]An LEA or a consortium shall develop its proposal consistent with the BTSALP model outlined under R277-490-[1C]2(3).

([3]4) [The LEA]A consortium grant request shall explain the necessity or greater efficiency and benefit of an arts specialist serving several elementary schools within a consortium of LEAs.

([4]5) [The LEA]A consortium grant shall explain a schedule for [the]each specialist[(s)] to serve the group of schools within several of the LEAs similarly to an arts specialist in a single school.

([5]6) A consortium grant request 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.

[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 R277-490-1C.]

([2]7) An LEA's grant application shall include the collaborative development of the application with the LEA's partner endowed university and School Community Council s if match ing funds come[s] from School LAND Trust Funds.

 

R277-490-4. Arts Specialist Grant Program Timelines.

[D. Program timelines:]

(1) An LEA or a consortium shall complete a [P]program grant application[s shall be completed] annually.

(2) The Board shall [G]grant funding priority to renewal applications[s shall receive funding priority].

([2]3) An LEA[s] or consortium shall submit a completed application[s] requesting funding to the [USOE]Superintendent by May 1 annually.

([3]4) The Board shall designate an LEA[s/] or a consorti[a]um for funding no later than June 1 annually.

 

R277-490-5. Distribution of Funds for Arts Specialist.

[E. Distribution of funds for arts specialists]

(1) A [P]program LEA[s] or consortium shall submit complete information of salaries , [(]including benefits[)], of all [P]program specialists employed by the LEA or consortium no later than September 30 annually.

(2) If a [P]program LEA or consortium provides[the] matching funds [described in R277-490-3E(3)], the [USOE]Superintendent shall distribute funds to [P]program [LEAs]grant recipients annually equal to 80[percent]% of the salaries plus benefits for approved hires in [this]the program, consistent with S ubsections 53A-17a-162(5) and(6).

(3)(a) An individual program specialist grant amount may not exceed $70,000 in FY 2016.

(b) The upper limit on the grant amount shall adjust each year at the same rate as the increase in the WPU.

([3]4) A [Program LEA]grant recipient shall provide matching funds for each specialist funded through the [P]program.

 

R277-490-[4]6 . Distribution of Funds for Arts Specialist Supplies.

[A.](1) The Board shall distribute funds for arts specialist supplies to an LEA[s/] or consorti[a]um as available.

[B.](2) A [LEAs]grant recipient shall distribute funds to participating schools as provided in the approved LEA[/]or consorti[a]um grant and consistent with LEA procurement policies.

[C.](3) A [LEAs/consortia]grant recipient shall require arts specialists to provide adequate documentation of arts supplies purchased consistent with the [school/consortium]grant recipient's plan, this rule , and the law.

[D.](4) Summary information about effective supplies and equipment shall be provided in the school[/] or consortium evaluation of the [P]program.

 

R277-490-[ 5 ] 7 . LEA[ / ] or Consorti[ a ] um Employment of [ LEA/Consortia ]Arts Coordinators.

[A.](1)(a) An LEA[s/] or consorti[a]um may apply for funds to employ arts coordinators in [their]the LEA[s/] or consortium.

(b) These are intended as small [grants to]stipends for educators who are already employed in rural districts to help support arts education and the implementation of BTSALP.

[B.](2) An [A]applicant[s] shall explain :

(a) how an arts coordinator[s] will be used , consistent with the BTSALP model[,];

(b) what requirements an arts coordinator[s] must meet[,]; and

(c) what training will be provided , and by whom.

[C. Applicants shall provide documentation of committed matching funds that equal 20 percent of the grant request.]

[D.](3) The [USOE]Superintendent shall notify an LEA that receives a grant award no later than June 1 annually.

 

R277-490-[6]8 . Endowed University Participation in the BTSALP.

[A.](1) The [Board]Superintendent may consult with endowed chairs and integrated arts advocates regarding program development and guidelines.

[B. Endowed university grants:]

([1]2) An [E]endowed universit[ies]y may apply for grant funds to fulfill the purposes of this program , which include:

(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.

([2]3) An [E]endowed university grant application[s] shall include documentation of collaborative development of a plan for delivery of high quality professional development to participating LEAs.

(4) The [Board]Superintendent shall determine the LEAs assigned to each endowed university.

([3]5) The Board may award no more than 10[percent]% of the total legislative appropriation [to]for grants to endowed universities.

([4]6) The [USOE]Superintendent shall monitor the activities of the grantees to ensure compliance with grant rules, fulfillment of grant application commitments , and appropriate fiscal procedures.

(7) An [E]endowed universit[ies]y shall cooperate with the [USOE]Superintendent in the monitoring of [their]its grant[s].

([5]8) An [E]endowed universit[ies]y that receive s grant funds shall consult, as requested by the [Board]Superintendent, in the development and presentation of an annual written program report as required in statute.

 

R277-490-[ 7 ] 9 . LEAs Cooperation with [ USOE ] the Superintendent for BTSALP.

[A. USOE ](1) A BTSALP staff member may visit a school[s] receiving a grant[s] to observe implementation of the grant[s].

[B.](2) A BTSALP school[s] shall cooperate with the [USOE]Superintendent to allow visits of members of the Board, legislators, and other invested partners to promote elementary arts integration.

[C.](3) An LEA[s] shall accurately report the number[s] of students impacted by the [P]program grant and report on the delivery systems to those students as requested by the [USOE]Superintendent.

[D.](4)(a) An 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.

([1]b) An LEA[s] found to be in non-compliance will be given 30 days to correct the issues.

([2]c) If non-compliance is not resolved within that time frame, an LEA[s are] is 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 programs , grants, public schools, endowed universities

Date of Enactment or Last Substantive Amendment: [July 8, 2015]2016

Notice of Continuation: June 10, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401[(3)]; 53A-17a-162