DAR File No. 40518

Education, Administration

Rule R277-923

American Indian and Alaskan Native Education State Plan Pilot Program

Notice of Proposed Rule

(New Rule)

DAR File No.: 40518
Filed: 06/15/2016 08:30:50 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new rule is in response to S.B. 14, American Indian and Alaskan Native Amendments, from the 2016 General Session.

Summary of the rule or change:

Rule R277-923 provides procedures and criteria for a local education agency (LEA) to apply to receive grant money and for review of a grant recipient's use of grant money.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The Legislature, through S.B. 14 (2016), appropriated funding for approved LEAs participation in the American Indian and Alaskan Native Education State Plan Pilot 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:

The Legislature, through S.B. 14 (2016), appropriated funding for approved LEAs participation in the American Indian and Alaskan Native Education State Plan Pilot Program, so it is likely that enactment of this new rule will not result in a cost or savings to local government.

small businesses:

The Legislature, through S.B. 14 (2016), appropriated funding for approved LEAs participation in the American Indian and Alaskan Native Education State Plan Pilot 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:

The Legislature, through S.B. 14 (2016), appropriated funding for approved LEAs participation in the American Indian and Alaskan Native Education State Plan Pilot 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:

The Legislature, through S.B. 14 (2016), appropriated funding for approved LEAs participation in the American Indian and Alaskan Native Education State Plan Pilot 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.

R277-923. American Indian and Alaskan Native Education State Plan Pilot Program.

R277-923-1. 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; and

(b) Section 53A-31-404, which provides that the Board may make rules related to the pilot program; and

(c) 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.

(2) The purpose of this rule is to provide:

(a) criteria for evaluating grant applications; and

(b) procedures for:

(i) a school district to apply to the Board to receive grant money; and

(ii) the review of the use of grant money.

 

R277-923-2. Definitions.

(1) "American Indian and Alaskan Native concentrated school" has the same meaning as that term is defined in Section 53A-31-402.

(2) "Program site" means the school where an LEA plans to use grant money and implement the LEA's program.

 

R277-923-3. Grant Application.

(1) An LEA may apply for a grant described in Section 53A-31-404 by submitting an application to the Superintendent on or before the last Friday in May.

(2) The Superintendent shall develop a grant application and make the grant application available to LEAs that meet the eligibility as an American Indian and Alaskan Native concentrated school.

 

R277-923-4. Procedure and Criteria for Awarding a Grant.

(1) The Superintendent shall award one grant to an LEA to serve one or more program sites.

(2) The Superintendent shall award the grant described in Subsection (1) to the LEA based on the following criteria:

(a) up to 20 points will be awarded based on the percentage of American Indian and Alaskan Native students enrolled in the program sites;

(b) up to 15 points will be awarded based on the educator recruiting and retention needs of the program sites;

(c) up to 15 points will be awarded based on the strength of the LEA's program design plan;

(d) up to 10 points will be awarded based on the LEA's plan to objectively evaluate the success of the LEA's program design plan; and

(e) up to 10 points will be awarded based on the strength of the LEA's proposed budget and how many educators the LEA plans to serve.

 

KEY: Native Americans, Alaskan Natives, grant programs, teacher retention

Date of Enactment of Last Substantive Amendment: 2016

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-31-404; 53A-1-401