DAR File No. 40517

Education, Administration

Rule R277-922

Digital Teaching and Learning Grant Program

Notice of Proposed Rule

(New Rule)

DAR File No.: 40517
Filed: 06/15/2016 08:30:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to provide standards and procedures for a local education agency (LEA) to receive funding and participate in the Digital Teaching and Learning Grant Program. (Editor's Note: The proposed new Rule R277-922 under Filing No. 40340 published in the May 1, 2016, Bulletin will be allowed to lapse and this filing takes it place.)

Summary of the rule or change:

This new rule provides standards and procedures for establishing an application and grant review committee and process, and provides direction to LEAs participating in the Digital Teaching and Learning Grant Program.

State statutory or constitutional authorization for this rule:

• Title 53A, Chapter 1, Part 15
• Art X, Sec 3
• Section 53A-1-401

Anticipated cost or savings to:

the state budget:

Funding is provided for approved LEAs participating in the Digital Teaching and Learning Grant Program, so it is likely that enactment of this new rule will not result in a cost or savings to the state budget.

local governments:

Funding is provided for approved LEAs participating in the Digital Teaching and Learning Grant Program, so it is likely that enactment of this new rule will not result in a cost or savings to local government.

small businesses:

Funding is provided for approved LEAs participating in the Digital Teaching and Learning Grant Program, so it is likely that enactment of this new rule will not result in a cost or savings to small businesses.

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

Funding is provided for approved LEAs participating in the Digital Teaching and Learning Grant Program, so it is likely that enactment of this new rule will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Funding is provided for approved LEAs participating in the Digital Teaching and Learning Grant Program, so it is likely that enactment of this new rule 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 enactment of this new 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.

R277-922. Digital Teaching and Learning Grant Program.

R277-922-1. Authority and Purpose.

(1) This rule is authorized by:

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

(b) Section 53A-1-401, which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(c) Title 53A, Chapter 1, Part 15, Digital Teaching and Learning Grant Program, which requires the Board to:

(i) establish a qualifying grant program; and

(ii) adopt rules related to administration of the Digital Teaching and Learning Grant Program.

(2) The purpose of this rule is to:

(a) establish an application and grant review committee and process;

(b) give direction to LEAs participating in the Digital Teaching and Learning Program.

 

R277-922-2. Definitions.

(1) "Advisory committee" means the Digital Teaching and Learning Advisory Committee:

(a) established by the Board as required in Section 53A-1-1506; and

(b) required to perform the duties described in R277-922-4.

(2) "LEA plan" has the same meaning as that term is defined in Section 53A-1-1502.

(3) "Master plan" means Utah's Master Plan: Essential Elements for Technology-Powered Learning incorporated by reference in R277-922-3.

(4) "Program" has the same meaning as that term is defined in Section 53A-1-1502.

(5) "Participating LEA" means an LEA that:

(a) has an LEA plan approved by the Board; and

(b) receives a grant under the program.

 

R277-922-3. Incorporation of Utah's Master Plan by Reference.

(1) This rule incorporates by reference Utah's Master Plan: Essential Elements for Technology-Powered Learning, October 9, 2015, which establishes:

(a) the application process for an LEA to receive a grant under the program; and

(b) a more detailed description of the requirements of an LEA plan.

(2) A copy of the Master Plan is located at:

(a) http://www.schools.utah.gov/edtech/; and

(b) the Utah State Board of Education - 250 East 500 South, Salt Lake City, Utah 84111.

 

R277-922-4. Digital Teaching and Learning Advisory Committee Duties.

(1) The advisory committee shall include the following individuals who will serve as non-voting chairs:

(a) the Deputy Superintendent of Instructional Services or designee; and

(b) the Director of the Utah Education and Telehealth Network or designee.

(2) In addition to the chairs described in Subsection (1), the Board shall appoint five members to the advisory committee as follows:

(a) the Digital Teaching and Learning Coordinator;

(b) one member who represents a school district with expertise in digital teaching and learning;

(c) one member who represents a charter school with expertise in digital teaching and learning; and

(d) two members that have earned a national certification in education technology, that may include a certification from the Certified Education Technology Leader from the Consortium for School Networking (CoSN).

(3) The advisory committee shall:

(a) oversee review of an LEA plan to determine whether the LEA plan meets the criteria described in Section R277-922-7;

(b) make a recommendation to the Superintendent and the Board on whether the Board should approve or deny an LEA plan;

(c) make recommendations to an LEA on how the LEA may improve the LEA's plan; and

(d) perform other duties as directed by:

(i) the Board; or

(ii) the Superintendent.

(4) The advisory committee may select additional LEA plan reviewers to assist the advisory committee with the work described in Subsection (3).

(5) The advisory committee, or the Superintendent on behalf of the advisory committee, shall present the advisory committee's recommendations on whether to approve or deny each LEA plan to the Board for the Board's approval.

 

R277-922-5. Board Approval or Denial of LEA Plans.

(1) The Board will either approve or deny each LEA plan submitted by the advisory committee.

(2) If the Board denies an LEA's plan, the LEA may amend and re-submit the LEA's plan to the advisory committee until the Board approves the LEA plan.

 

R277-922-6. Pre-LEA Plan Submission Requirements.

(1) Before an LEA submits an LEA plan to the advisory committee for approval by the Board, an LEA shall:

(a) have an LEA representative participate in a pre-grant submission training conducted by the Superintendent;

(b) require the following individuals to participate in a leadership and change management training conducted by the Superintendent:

(i) a representative group of school leadership from schools participating in the program;

(ii) the school district superintendent or charter school executive director;

(iii) the LEA's technology director; and

(iv) the LEA's curriculum director; and

(c) complete the readiness assessment required in Section 53A-1-1505.

(2) A member of an LEA's local school board or charter school governing board and other staff identified by the LEA may participate in:

(a) a pre-grant submission training conducted by the Superintendent as described in Subsection (1)(a); or

(b) a leadership and change management training conducted by the Superintendent as described in Subsections (1)(b).

 

R277-922-7. LEA Plan Requirements.

(1) An LEA shall develop an LEA plan in cooperation with educators, paraeducators, and parents,

(2) An LEA plan shall include:

(a) an LEA's results on the readiness assessment required in Section 53A-1-1504;

(b) a statement of purpose that describes the learning objectives, goals, measurable outcomes, and metrics of success an LEA will accomplish by implementing the program, including the following outcomes:

(i) a 5% increase on each school's performance on SAGE using a baseline of the school's 2015-16 SAGE proficiency scores by the end of the third year of the LEA's implementation of the program; or

(ii) a school level outcome:

(A) selected by the LEA;

(B) included in the LEA's plan; and

(C) approved by the advisory committee;

(c) long-term, intermediate, and direct outcomes as defined in the Master Plan and identified by an LEA that may include:

(i) student achievement on statewide assessments;

(ii) cost savings and improved efficiency relating to instructional materials, facilities, and maintenance;

(iii) attendance;

(iv) discipline incidents;

(v) parental involvement;

(vi) citizen involvement;

(vii) graduation rates;

(viii) student enrollment in higher education;

(ix) dropout rates;

(x) student technology proficiency for college and career readiness;

(xi) teacher satisfaction and engagement; or

(xii) other school level outcomes approved by the advisory committee or the Board;

(d) an implementation process structured to yield an LEA's school level outcomes;

(e) a plan for infrastructure acquisition;

(f) a process for procurement and distribution of the goods and services an LEA intends to use as part of an LEA's implementation of the program;

(g) a description of necessary high quality digital instructional materials;

(h) a detailed plan for student engagement in personalized learning;

(i) technical support standards for implementation and maintenance of the program that:

(i) include support for hardware and Internet access; and

(ii) remove technical support burdens from the classroom teacher;

(j) proposed security policies, including security audits, student data privacy, and remediation of identified lapses;

(k) an inventory of an LEA's current technology resources, including software, and a description of how an LEA will integrate those resources into the LEA's implementation of the program;

(l) a disclosure by an LEA of the LEA's current technology expenditures;

(m) the LEA's overall financial plan, including use of additional LEA non-grant funds, to be utilized to adequately fund the LEA plan;

(n) a description of how an LEA will:

(i) provide high quality professional learning for educators, administrators, and support staff participating in the program, including ongoing periodic coaching; and

(ii) provide special education students with appropriate software;

(o) a plan for digital citizenship curricula and implementation;

(p) a plan for how an LEA will ensure that schools use software programs with fidelity in accordance with:

(i) the recommended usage requirements of the software provider; and

(ii) the best practices recommended by the software or hardware provider; and

(q) a plan for how an LEA will monitor student and teacher usage of the program technology.

(2)(a) An LEA shall include the LEA's proposed implementation of the program over multiple years in the LEA plan.

(b) An LEA must demonstrate the financial ability to fully fund the LEA plan using both grant and non-grant funds.

(3) An LEA's approved LEA plan is valid for three years, and may be required to be reapproved by the advisory committee and the Board after three years of implementation.

(4) An LEA is not required to implement the program in kindergarten through grade 4.

 

R277-922-8. Distribution of Grant Money to Participating LEAs.

(1) If an LEA's plan is approved by the Board, the Superintendent shall distribute grant money to the participating LEA as described in this section.

(2)(a) The amount available to distribute to participating charter schools is an amount equal to the product of:

(i) October 1 headcount in the prior year at charter schools statewide, divided by October 1 headcount in the prior year in public schools statewide; and

(ii) the total amount available for distribution under the program.

(b) The Superintendent shall distribute to participating charter schools the amount available for distribution to participating charter schools in proportion to each participating charter school's enrollment as a percentage of the total enrollment in participating charter schools in the prior year.

(c) A new LEA or new charter school satellite campus shall be funded based on the new LEA or new charter school satellite campus's projected October 1 headcount.

(3) The Superintendent shall distribute grant money to the Utah Schools for the Deaf and the Blind in an amount equal to the product of:

(a) October 1 headcount in the prior year at the Utah Schools for the Deaf and the Blind, divided by October 1 headcount in the prior year in public schools statewide; and

(b) the total amount available for distribution under this section.

(4) Of the funds available for distribution under the program after the allocation of funds for the Utah Schools for the Deaf and the Blind and participating charter schools, the Superintendent shall distribute grant money to participating LEAs that are school districts as follows:

(a) the Superintendent shall distribute 10 percent of the total funding available for participating LEAs that are school districts to the participating LEAs as a base amount on an equal basis; and

(b) the Superintendent shall distribute the remaining 90% of the funds to the participating LEAs on a per-student basis, based on the October 1 headcount in the prior year.

(5)(a) If an LEA's plan is not approved during year one of the program, the advisory committee and the Digital Teaching and Learning Coordinator shall provide additional supports to help the LEA become a qualifying LEA.

(b) The Superintendent shall redistribute the funds an LEA would have been eligible to receive, in accordance with the distribution formulas described in this section, to other qualifying LEAs if the LEA's plan is not approved:

(i) after additional support described in Subsection (5)(a) is given; and

(ii) by no later than December 31 of the school year for which the grant is being awarded.

(6) A non-qualifying LEA may reapply for grant money in subsequent years based on the LEA's plan being approved by the Board.

 

R277-922-9. Prohibited Uses of Grant Money.

A participating LEA may not use grant money:

(1) to fund nontechnology programs;

(2) to purchase mobile telephones;

(3) to fund voice or data plans for mobile telephones; or

(4) to pay indirect costs charged by the LEA.

 

R277-922-10. Participating LEA Reporting Requirements.

Beginning with the school year after a participating LEA's first year implementation of an LEA plan, a participating LEA shall annually:

(1) review how the participating LEA:

(a) redirected funds through the participating LEA's implementation of the LEA plan; and

(b) made progress toward implementation; and

(2) on or before October 1, report the potential savings identified in Subsection (1) to the Superintendent.

 

R277-922-11. Evaluation of LEA Program Implementation.

(1) An evaluation conducted by the independent evaluator described in Section 53A-1-1507 shall include a review of:

(a) a participating LEA's implementation of the program in accordance with the participating LEA's LEA plan;

(b) a participating LEA's progress toward meeting the school level outcomes in the participating LEA's LEA plan.

(2) After an evaluation described in Subsection (1), if the Superintendent determines that a participating LEA is not meeting the requirements of the participating LEA's LEA plan the Superintendent:

(a) shall:

(i) provide assistance to the participating LEA; and

(ii) recommend changes to the LEA's LEA plan; or

(b) after at least two findings of failure to meet the requirements of the participating LEA's LEA plan, may recommend that the Board terminate the participating LEA's grant money.

 

KEY: digital teaching and learning, grant programs

Date of Enactment of Last Substantive Amendment: 2016

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401; Title 53A, Chapter 1, Part 15.