DAR File No. 41776

Education, Administration

Rule R277-460

Distribution of Substance Abuse Prevention Account

Notice of Proposed Rule

(Amendment)

DAR File No.: 41776
Filed: 06/09/2017 12:24:02 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-460 is amended to provide changes in funding a program administrator and staff and to update the rule in accordance with the Rulemaking Manual for Utah.

Summary of the rule or change:

The amendments to Rule R277-460 give the Superintendent the authority to increase administration program support from .5 FTE to a full FTE due to the increased need in program support. The amendments also provide technical and conforming changes in accordance with the Rulewriting Manual for Utah.

Statutory or constitutional authorization for this rule:

• Section 53A-1-401
• Art X, Sec 3
• Section 53A-13-102
• Section 51-9-405

Anticipated cost or savings to:

the state budget:

The amendments to this rule will likely not result in a cost or savings to the state budget. Funds are available in the Substance Abuse Prevention Account to cover additional costs.

local governments:

The amendments to this rule will likely not result in a cost or savings to local government. Funds are available in the Substance Abuse Prevention Account to cover additional costs.

small businesses:

The amendments to this rule will likely not result in a cost or savings to small businesses. This program applies to public education program administration and should not affect small businesses.

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

The amendments to this rule will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. Funds are available in the Substance Abuse Prevention Account to cover additional costs.

Compliance costs for affected persons:

The amendments to this rule will likely not result in any compliance costs for affected persons. Funds are available in the Substance Abuse Prevention Account to cover additional costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

After conducting a thorough analysis, it was determined that the amendments to this rule will not result in a fiscal impact to businesses.

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:

07/31/2017

This rule may become effective on:

08/07/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

R277. Education, Administration.

R277-460. Distribution of Substance Abuse Prevention Account.

R277-460-[2]1. Authority and Purpose.

[A.](1) This rule is authorized by:

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

(b) Section 53A-13-102 , which directs the Board to adopt rules providing for instruction on the harmful effects of controlled substances;[and by]

(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; and

(d) Section 51-9-405, which provides for funds from the Substance Abuse Prevention Account to be allocated to the [USOE]Board for:

([1]i) substance abuse prevention and education;

([2]ii) substance abuse prevention training for teachers and administrators; and

([3]iii) [school district, charter school or consortia]LEA programs to supplement, not supplant, existing local prevention efforts in cooperation with local substance abuse authorities.

[B.](2) The purpose of this rule is to provide for the distribution of the [USOE]Board's share of the money from the Substance Abuse Prevention Account.

 

R277-460-[1]2. Definitions.

[A. "Board" means the Utah State Board of Education.]

[B.](1) "Educational materials" means visual and auditory media, curricula, textbooks, and other disposable or non-disposable items that enhance student understanding of the subject matter.

[C. "Evaluation" means a review by a person or group which assesses procedures, results and products specific to a program.]

[D.](2) "Local [S]substance [A]abuse [A]authority" means the person or group designated by the Legislature as the county authority to receive public funds for substance abuse prevention and treatment.

[E.](3) " Substance abuse [P]prevention education activities and intervention" means proactive educational activities designed to eliminate any illegal use of controlled substances.

[F. "Superintendent" means the State Superintendent of Public Instruction.

G. "USOE" means the Utah State Office of Education.

H. "Utah Substance Abuse Prevention Guiding Principles" means criteria established by the Utah Division of Substance Abuse and Mental Health to be used in selecting or developing substance abuse prevention materials.]

 

R277-460-3. Fund Allocations.

[A.](1) Before making the distributions described in Subsections (2) and (3), [T]the [USOE]Superintendent shall retain sufficient substance abuse prevention funds to pay for the salary, benefits , and indirect costs of a [.5 FTE] [P]program [A]administrator at a salary level to be determined by the [Board]Superintendent and support staff costs for the program administrator.

[B.](2) [The remaining funds shall be allocated as follows]After the allocation of substance abuse prevention funds is retained as described in Subsection (1), the Superintendent may use up to 45% to:

([1]a) [An amount not to exceed fifteen percent shall remain at the USOE to ]purchase educational materials to support and supplement existing [Utah's S]substance [A]abuse [P]prevention [Program, Prevention Dimensions.]efforts;

([2]b) [An amount not to exceed fifteen percent shall remain at the USOE to ]encourage and support statewide substance abuse prevention training for school district[/] and charter school teachers and administrators[.]; and

([3]c) [An amount not to exceed fifteen percent shall remain at the USOE to ]promote [Utah's S]substance [A]abuse [P]prevention [Program and encourage its]in the classroom[use by Utah educators].

([4]3) [A minimum of fifty-five percent]At least 55% of the substance abuse prevention funds remaining after the allocation described in Subsection (1) shall be distributed to [school districts, charter schools or consortia]LEAs for use by the [school district,]LEAs or individual schools within the LEA[, charter schools or consortia in a cooperative substance abuse prevention effort] based on application.

 

R277-460-4. Applications.

[A.](1) [Applications shall be provided by the USOE]The Superintendent shall develop an application for LEAs that are interested in applying for substance abuse prevention funds available as described in this R277-460.

[B.](2) [School districts, charter schools or consortia]An LEA shall submit the LEA's application[s] to the specialist designated by the [USOE]Superintendent.

[C. The USOE specialist shall make funding recommendations to the USOE Finance Committee as soon as reasonably possible after the application deadline.]

[D.](3)(a) [Awards per school districts, charter schools or consortia]Substance abuse prevention funds shall be distributed to LEAs based on funds available[and specific] from the Substance Abuse Prevention Account.

(b) The Superintendent shall describe the available funding amounts[shall be provided] in the [USOE]Board application described in Subsection (1).

[E. Only applications for funding that propose projects or programs consistent with the Utah Substance Abuse Prevention Guiding Principles shall be considered for funding.]

([1]4) [Applications]An LEA's application for substance abuse prevention funds shall [address]include the following:

(a) the applicant's intention to collaborate with the local substance abuse authority and community groups[within the school district], including shared plans and strategies for substance abuse prevention education, activities, and intervention;

(b) the applicant's plan for professional development on substance abuse[and teachers' use of Prevention Dimensions materials within their classrooms];

(c) the use of funds to implement applicant's plan;

(d) teacher reports of classroom implementation and plans for classroom monitoring visits;

(e) applicant's enhancement of [Prevention Dimensions]substance abuse curriculum with additional substance abuse activities and strategies; and

(f) applicant's implementation of [Prevention Dimensions]substance abuse curriculum with school-based behavioral/health or coordinated school health initiatives.

[F. Projects receiving funding shall be notified of funding approval by the USOE Finance Committee.]

 

R277-460-5. Limitations on Funds.

[A.](1) [Funds shall be used by the USOE, school districts, charter schools and consortia]The Superintendent and LEAs shall use substance abuse prevention funds exclusively for purposes set forth in Section 51-9-405.

[B.](2) Transfer of funds between line items or the extension of project completion dates may be made only with prior written approval of the Superintendent[USOE].

[C.](3) [Funds received by school districts, charter schools or consortia]An LEA [shall]may not [be used]use funds received under this R277-460 to supplant:

(a) funds [either] currently available [school district or charter school funds]to the LEA; or

(b) funds available from other state or local sources.

 

R277-460-6. Evaluation and Reports.

[A.](1) An applicant that [accepts a USOE]receives [S]substance [A]abuse [P]prevention funds [award ]shall provide the [USOE]Superintendent with a year-end [evaluation ]report on or before July 1 of the fiscal year in which the award was made.

[B.](2) The year-end report described in Subsection (1) shall include:

([1]a) an expenditure report;

([2]b) a narrative description of activities funded; and

([3]c) [copies of all products and materials developed with USOE Substance Abuse Prevention funds.]an action research or data project report.

[C.](3) The [USOE]Superintendent may require additional evaluation or audit procedures from an award recipient to demonstrate the use of funds consistent with the law and Board rules.

(4) The Superintendent shall annually report the following information to the Board's Finance Committee:

(a) the number of LEAs receiving substance abuse prevention funds;

(b) a summary of the LEAs' use of program funds; and

(c) a description of how the Superintendent is using the funds described in Subsections R277-460-3(1) and (2).

 

[ R277-460-7. Waivers.

The Superintendent may grant a written request for a waiver of a requirement or deadline which a school district, charter school or consortia finds unduly restrictive.]

 

KEY: public schools, substance abuse prevention

Date of Enactment or Last Substantive Amendment: [October 11, 2011]2017

Notice of Continuation: May 15, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-13-102; 51-9-405