DAR File No. 41074
This rule was published in the January 1, 2017, issue (Vol. 2017, No. 1) of the Utah State Bulletin.
Corrective Action and Withdrawal or Reduction of Program Funds
Notice of Proposed Rule
DAR File No.: 41074
Filed: 12/13/2016 11:33:39 AM
Purpose of the rule or reason for the change:
The Legislature passed S.B. 91, Board of Education Amendments, during the 2016 General Session, which allows the Board to audit a local education agency's (LEA) use of public education funding and take corrective action against an LEA for misuse of funds. Rule R277-114 is amended to provide additional methods of corrective action and provide an LEA an opportunity to appeal or address the Board. The rule is also updated in accordance with the Rulewriting Style Manual.
Summary of the rule or change:
The amendments to Rule R277-114 provide additional methods of corrective action and appeals for an LEA that has been placed on a correction action plan; and provide technical and conforming changes throughout the rule.
Statutory or constitutional authorization for this rule:
- Art X, Sec 3
- Subsection 53A-1-401(8)(c)
- Section 53A-1-401
Anticipated cost or savings to:
the state budget:
The amendments provide additional methods of corrective action and appeal opportunity, which likely will not result in a cost or savings to the state budget.
The amendments provide additional methods of corrective action and appeal opportunity, which likely will not result in a cost or savings to local government.
The amendments provide additional methods of corrective action and appeal opportunity, 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 additional methods of corrective action and appeal opportunity, 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 additional methods of corrective action and appeal opportunity, 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, 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 email@example.com
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, Deputy Superintendent, Policy and Communication
R277. Education, Administration.
R277-114. Corrective Action and Withdrawal or Reduction of Program Funds.
. Authority and Purpose.
A.] This rule is authorized by
Utah Constitution Article X, Section 3
which vests general control and supervision of public
education in the Board[
(3)] which allows the Board to [ adopt] rules [ in accordance with its responsibilities]
B.] The purpose of the rule is to provide procedures for
public education [ P]rogram monitoring and corrective action for noncompliance
P]rogram requirements[ ,]
P]rogram accountability standards[ ,] and
A. "Board" means the Utah State Board of
B.] "Program" means a public education project or
plan under the direction of the Board.
C.] "Recipient" means an LEA or a school.
D. "State Superintendent" means the State
Superintendent of Public Instruction as defined under Section
53A-1-301, or his or her designee.]
State Superintendent Responsibilities.]
A. Program Monitoring]
(1) For each [
P]rogram, the[ State] Superintendent shall design and implement a
consistent monitoring [ program] that includes standards for both [ P]rogram outcomes and [ P]rogram financial compliance.
State] Superintendent shall notify all [ R]ecipients of the initiation of or changes to any monitoring
State] Superintendent shall monitor compliance
P]rogram outcomes[ ,]
B. Corrective Action Plans]
State] Superintendent shall place a [ R]ecipient on a corrective action plan when a [ R]ecipient
does not demonstrate satisfactory [
P]rogram outcomes[ ,]
demonstrates noncompliance with [
P]rogram requirements or allowable [ P]rogram expenditures[ ,] or
does not comply with requests to provide accurate and
P]rogram or financial information.
State] Superintendent shall clearly outline in a
corrective action plan
all areas of noncompliance[
a reasonable time frame for the [
R]ecipient to correct identified issues.
C.] The[ State] Superintendent may [ withhold, reduce or terminate funding for Recipient
3]) The[ State] Superintendent shall give notice and
copy of the corrective action plan in writing to
respective LEA board
D.] The[ State] Superintendent shall report to the Board
monthly about the status of noncompliant [ P]rogram [ R]ecipients.
. Recipient Appeals.
R]ecipient may file an appeal to the Board of any adverse
decision of the [ State ]Superintendent resulting from a corrective
action plan [ or withholding of funds].
An appeal must be made in writing and within 30 days of
the date of the[
State] Superintendent's action.
KEY: programs, noncompliance, corrective action
Date of Enactment or Last Substantive Amendment: [
June 8, 2015]
Notice of Continuation: May 1, 2015
Authorizing, and Implemented or Interpreted Law: Art X Sec 3;
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/2017/b20170101.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.
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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 firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.