DAR File No. 40788
This rule was published in the October 1, 2016, issue (Vol. 2016, No. 19) of the Utah State Bulletin.
Legislative Reporting and Accountability
Notice of Proposed Rule
DAR File No.: 40788
Filed: 09/15/2016 04:38:33 PM
Purpose of the rule or reason for the change:
Rule R277-109 is amended to provide technical and conforming changes consistent with the Utah Administrative Rulemaking Act and the Rulewriting Manual for Utah.
Summary of the rule or change:
The amendments to Rule R277-109 provide technical and conforming changes, which includes renumbering.
Statutory or constitutional authorization for this rule:
- Subsection 53A-1-401(1)(a)
- Art X, Sec 3
- Subsection 53A-1-402(1)
- Section 53A-1-401
Anticipated cost or savings to:
the state budget:
The amendments provide technical and conforming changes, which likely will not result in a cost or savings to the state budget.
The amendments provide technical and conforming changes, which likely will not result in a cost or savings to local government.
The amendments 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 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 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 as a result of the amendments to this rule.
Sydnee Dickson, 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 firstname.lastname@example.org
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.
R277-109. Legislative Reporting and Accountability.
. Authority and Purpose.
A.] This rule is authorized by
Utah Constitution Article X, Section 3 which vests general control and supervision [
of the] public education [ system ]in the Board[ , by]
which directs the Board to establish rules and minimum
standards for the public schools[
which gives the Board general control and supervision of
the state's public education system for adoption and
enforcement of rules[
(3)] which allows the Board to [ adopt] rules [ in accordance with its] responsibilities under the
[ c]onstitution and state law[ s], and allows the Board to interrupt
disbursements of state aid to any district which fails to comply
with rules adopted in accordance with
B.] The purpose of this rule is to
require the Superintendent to create data collection plans necessary as determined by the Superintendent to fulfill statutory or Board reporting requirements and
to ]require LEAs to submit data upon request to
The rule provides that LEA participation in Minimum School Program funding is conditioned upon LEAs providing complete and accurate data and information to the Superintendent and the Board.
A. "Board" means the Utah State Board of
Education. B. "LEA" means school districts, charter schools
and other public education entities over which the Board has state
D.] "Minimum school program funds
[ (]MSP funds[ )]" means the[ total of] state and local funds appropriated for
the Minimum School Program to support educational activities in all
grades Kindergarten through 12th grade, including the Basic
State-Supported School Program, Related to Basic Program, the
State-Supported Voted and Board Leeway Levy Programs, and other
programs or allocations appropriated by the Legislature in [ 53A-17a, the] Minimum School Program Act.
C.] "[ Legislative statute or directive]" means a [ statute] in
the Utah Code or legislative intent as documented by
E. "Superintendent" means the State
Superintendent of Public Instruction who is directed to administer
all programs assigned to the Board under Section
] Superintendent and LEA Appeal Process.
A.] The [ Board expects the ]Superintendent
, in consultation with LEAs,[ to] collect data [ or] prepare data collection reports or plans, as the Board
directs or as the Superintendent deems necessary, to fulfill
statutory or Board reporting requirements.
B.] The Superintendent is authorized by the Board to assist
LEAs to fulfill reporting requests and to complete accountability
or reporting plans.
's authority extends to]
LEA[ s], if necessary, [ for failure] to provide required data or reports[ , up to and including,] withholding MSP funds [ for an] LEA's failure to provide complete and
accurate data or reports as requested.
C.] The Superintendent[ or USOE staff, as authorized by the
Superintendent,] shall provide adequate notice to LEAs of
reporting requirements and procedures for providing data in
D.] If an LEA does not comply with a data program request or
requirement, the Superintendent shall provide adequate and timely
notice to the LEA that data was not submitted accurately and
completely and LEA has 30 days to respond to the
Superintendent's request for data or a required data
E.] The Superintendent may impose sanctions for
noncompliance up to and including the withholding of MSP funds
directly related to the data collection or reporting
The Superintendent may withhold the program funds related to the requested data report or reporting requirement beginning with the next MSP transfer or beginning with subsequent MSP transfers including MSP funding for a subsequent fiscal year.
F.] An LEA may appeal to the Board in writing the [ s]uperintendent's decision to withhold program funds
within 10 calendar days.
G.] The Board shall respond to the LEA within 30 calendar
H.] The Board's response is the final administrative
KEY: reporting, accountability
Date of Enactment or Last Substantive Amendment: [
October 11, 2011]
Authorizing, and Implemented or Interpreted Law: Art X Sec 3;
53A-1-402(1); 53A-1-401(1)(a); 53A-1-401[
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20161001.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
Text to be deleted is struck through and surrounded by brackets ([
example]). Text to be added is underlined (). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
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 email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.