DAR File No. 40792

Education, Administration

Rule R277-603

Autism Awareness Restricted Account Distribution

Notice of Proposed Rule

(Amendment)

DAR File No.: 40792
Filed: 09/15/2016 05:06:01 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-603 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 R277-603 provide technical and conforming changes, which includes renumbering.

Statutory or constitutional authorization for this rule:

• Section 53A-1-401
• Art X, Sec 3
• Section 53A-1-304

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.

local governments:

The amendments provide technical and conforming changes, which likely will not result in a cost or savings to local government.

small businesses:

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
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 angie.stallings@schools.utah.gov

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:

10/31/2016

This rule may become effective on:

11/07/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

R277. Education, Administration.

R277-603. Autism Awareness Restricted Account Distribution.

R277-603-[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[, by];

(b) Section 53A-1-304, which authorizes the Superintendent to distribute autism awareness funds appropriated by the Legislature[,]; and

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

[B.](2) The purpose of this rule is to provide procedures, timelines and accountability for distribution of funds received in the Autism Awareness Restricted Account and subsequently appropriated by the Legislature to eligible organizations.

 

R277-603-[1]2 . Definitions.

[A.](1) "Autism Awareness Restricted Account" means the account established under Section 53A-1-304[and funded under Section 41-1a-418(1)(e)(xvii)].

[B. "Board" means the Utah State Board of Education.

C. "Distribute funds," for purposes of this rule, means a process, including timelines and a standard application, to eligible organizations.

D. "Superintendent" means the State Superintendent of Public Instruction or the Superintendent's designee;

E. "USOE" means the Utah State Office of Education.]

 

R277-603-3. Procedures.

[A.](1) The Superintendent shall provide an application for an organization[s] that meets the qualifications of Subsection 53A-1-304([4]3), to apply for available Autism Awareness Restricted Account funds to the extent of the legislative appropriation.

[B.](2) The Superintendent shall[ provide for] review[of] applications and select[ion of] qualified recipients.

[C.](3) An [A]application[s] shall include a budget section, a plan for use of the funds by eligible charitable organizations consistent with S ubsection 53A-1-304([5]3)[(b)], and other information as requested.

[D.](4) The Superintendent shall[ provide for] distribut[ion]e [of ]funds to eligible charitable organizations, to the extent of funds appropriated[ by the Legislature, beginning, July 1, 2011], annually.

 

R277-603-4. Timelines.

[A.](1) The Superintendent shall announce the availability of funds [at least] annually[,] by March 15[of each year].

[B.](2) Applicants may apply for funds on forms available from the [USOE]Superintendent.

[C.](3) Applications shall be due June 5 annually.

[D.](4) Applicants identified for funding shall be notified no later than July 1 annually.

[E.](5) The [USOE]Superintendent shall distribute funds annually in July.

[F. For FY 2012, following the Board's approval of R277-603, applications shall be available, reviewed, and funds distributed as soon as possible.]

 

R277-603-5. Accountability.

[A.](1) The Superintendent shall require[funded] organizations that receive funding to complete a year-end report [explaining]describing and documenting the use of funds consistent with the law and this rule.

[B.](2) The year-end report may require an independent audit or review of a funded program.

 

KEY: autism awareness, restricted account

Date of Enactment or Last Substantive Amendment: [November 8, 2011]2016

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-304; 53A-1-401[(3)]