DAR File No. 41974

Education, Administration

Rule R277-433

Disposal of Textbooks in the Public Schools

Notice of Proposed Rule

(Amendment)

DAR File No.: 41974
Filed: 07/31/2017 02:48:39 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-433 is amended to provide technical and conforming changes consistent with the Rulewriting Manual for Utah.

Summary of the rule or change:

The amendments to Rule R277-433 provide technical and conforming changes throughout the rule.

Statutory or constitutional authorization for this rule:

• Section 53A-12-207
• Art X, Sec 3
• Section 53A-1-401

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. The rule is updated with technical and conforming changes.

local governments:

The amendments to this rule will likely not result in a cost or savings to local government. The rule is updated with technical and conforming changes.

small businesses:

The amendments to this rule will likely not result in a cost or savings to small businesses. The rule is updated with technical and conforming changes.

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. The rule is updated with technical and conforming changes.

Compliance costs for affected persons:

The amendments to this rule will likely not result in any compliance costs for affected persons. The rule is updated with technical and conforming changes.

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:

09/14/2017

This rule may become effective on:

09/21/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

R277. Education, Administration.

R277-433. Disposal of Textbooks in the Public Schools.

R277-433-[2]1. Authority and Purpose.

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

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

(b) 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

(c) Section 53A-12-207 , which requires the Board to make rules providing for the disposal or reuse of useable textbooks in the public schools.

[B.](2) The purpose of this rule is to provide procedures for LEA policies for the reuse or disposal of textbooks in the public schools.

 

R277-433-[1]2. Definitions.

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

[B.](1) "LEA" [means a local education agency, including local school boards/public school districts and]includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

[C.](2) "Textbook" means:

(a) any printed book [which]that is required for participation in a course of instruction[.];[The term also includes]

(b) printed texts approved for pilot or trial use by the State Instructional Materials Commission; or

(c) books used in classes for which textbooks are generally not adopted at the state level.

[D.](3) "Useable textbooks" means a set of at least 25 textbooks[, as defined above,] that are not badly damaged, worn out , or outdated.

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

 

R277-433-3. LEA Policies on Disposal of Textbooks.

[A.](1) Each LEA[s] shall develop policies regarding the reuse or disposal of textbooks.

[B.](2) An LEA's policies shall provide procedures for notification to other LEAs of available textbooks and timelines for disposal of textbooks.

[C.](3) An LEA's policies shall provide procedures for negotiating the exchange of the textbooks.

[D. A required policy and implementation shall be suspended consistent with Section 53A-12-207(1) until the 2013 - 2014 school year.]

 

KEY: textbooks

Date of Enactment or Last Substantive Amendment: [October 9, 2012]2017

Notice of Continuation: July 14, 2017

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401; 53A - 12 - 207