DAR File No. 42104
This rule was published in the October 1, 2017, issue (Vol. 2017, No. 19) of the Utah State Bulletin.
State Supported Voted Local Levy, Board Local Levy and Reading Improvement Program
Notice of Proposed Rule
DAR File No.: 42104
Filed: 09/14/2017 12:20:33 PM
Purpose of the rule or reason for the change:
Following a five-year review, the Utah State Board of Education determined that Rule R277-422 continued to be necessary so it was continued. The rule is amended to provide necessary technical and conforming changes to bring the rule into compliance with the Rulewriting Manual for Utah.
Summary of the rule or change:
The amendments to this rule provide technical and conforming changes that include changes to numbering, references, and terminology.
Statutory or constitutional authorization for this rule:
- Section 53A-1-401
- Art X Sec 3
- Subsection 53A-19-402(1)(e)
Anticipated cost or savings to:
the state budget:
The amendments to Rule R277-422 provide technical and conforming changes which will likely not result in a cost or savings to the state budget.
The amendments to Rule R277-422 provide technical and conforming changes which will likely not result in a cost or savings to local government.
The amendments to Rule R277-422 provide technical and conforming changes which will likely not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
The amendments to Rule R277-422 provide technical and conforming changes which will likely 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 to Rule R277-422 provide technical and conforming changes which will likely not result in any compliance costs for affected persons.
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
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, Deputy Superintendent, Policy and Communication
R277. Education, Administration.
R277-422. State Supported Voted Local Levy, Board Local Levy and Reading Improvement Program.
2]. 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[
Section 53A-1-402(1)(e) which directs the Board to establish rules for
school productivity and cost effectiveness measures[
school budget formats[
financial, statistical, and student accounting
, and Section 53A-1-401(3) which allows the Board to adopt
rules in accordance with its responsibilities].
B.] The purpose of this rule is to specify requirements,
timelines, and clarifications for
the state-supported voted local levy[
board local levy[
reading improvement program.
A.] "Ad valorem property tax" means a tax based on
the assessed value of real estate or personal property.
B. "Board" means the Utah State Board of
Education. C.] "Board local levy" means a [ state-supported program under Section 53A-17a-164 to cover
a portion of the costs within the school district's general
fund of the state-supported minimum school program].
D.] "Free or reduced meal applications" means the
applications received by a school district or charter school under
the Board-supervised federal Child Nutrition Program.
E.] "Local board" means the school board members
elected to govern a school district.
F.] "State-supported" means a formula-based state
contribution of funds to the voted local levy program and the [ B]oard local levy program as defined in Section 53A-17a-133[ (3)] and Section 53A-17a-164[ (3)].
G. "USOE" means the Utah State Office of
Education. H.] "Voted local levy" means a state-supported
program in which a voter-approved property tax levy under Section
53A-17a-133 is authorized to cover a portion of the costs within
the general fund of the state-supported minimum school program in a
I.] "Weighted pupil unit
[ (]WPU[ )]" [ means the basic per pupil unit used to calculate the amount
of state funds for which a school district is eligible].
R277-422-3. Requirements and Timelines for State-Supported Voted Local Levy .
A.] A local board may establish a state-supported voted
local levy program following an election process [ that approves a special tax. The election process is
provided for under] Section 53A-17a-133[ (2)].
[ L]ocal board[ s] which [ have] approved voted local levy or voted leeway programs since
1965 may set an annual fiscal year fixed tax rate levy for the
voted local levy equal to or less than the levy authorized by the
C. A school district may budget an increased amount of ad
valorem property tax revenue from a voted local levy in addition to
revenue from new growth without required compliance with the
advertisement requirements if the voted local levy is or was
approved: (1) on or after January 1, 2003; (2) within the four-year period immediately preceding the
year in which the school district seeks to budget an increased
amount of ad valorem property tax; and (3) for a voted local levy approved or modified on or
after January 1, 2009, the proposition submitted to the voters
contains the following statement: A vote in favor of this tax
means that (name of school district) may increase revenue from
this property tax without advertising the increase for the next
five years. D. Any prior year voted and board local funding balance
shall be used to increase the current guarantee for the board and
voted local levy programs. Funding shall be distributed based on
the increased guarantee per WPU.]
[ S]tate and local funds received [ by a local board ]under the voted local levy
program [ are unrestricted revenue and may be budgeted and
expended ]within the school district's general fund
F.] In order to receive state support for an initial voted
local levy tax rate, a local board shall receive voter approval no
later than December 1 prior to the commencement of the fiscal year
of implementation of that initial voted local levy tax rate.
G.] If a school district qualifies for state support the
year prior to an increase in its existing voted local levy;
1]) does not receive voter approval for an increase after
June 30 of the previous fiscal year and before December 2 of the
previous fiscal year; and
2]) intends to levy the additional rate for the fiscal year
starting the following July 1; then
3]) the district [ shall] only receive state support for the existing voted local
levy tax rate and not the additional voter-approved tax rate for
the fiscal year commencing the following July 1[ ,] and
4]) shall receive state support for the existing and
additional voter-approved tax rate for each year thereafter, as
long as the district qualifies to receive state support.
R277-422-4. K-3 Reading Achievement Program.
A. The K-3 Reading Improvement Program consists of program
funds and is created to achieve the state's goal of having
third graders reading at or above grade level. B. Funding (1) The calculation for the K-3 Reading Achievement funding
shall be consistent with Section 53A-17a-150 which requires
matching funds and Section 53A-17a-151.]
(2) School districts shall use the following data for the
reading fund calculations:]
(a) the most current numbers of final adjusted assessed valuations received from the Utah State Tax Commission;
(b) the year's tax collection rate,
that corresponds to the year provided under [
(c) the previous fiscal year's number
F]ree and [ R]educed [ P]rice [ M]eal applications; and
(d) the current fiscal year total number of WPUs received by each school district for the basic school program.
KEY: education, finance
Date of Enactment or Last Substantive Amendment: [
November 10, 2014]
Notice of Continuation: September 13, 2017
Authorizing, and Implemented or Interpreted Law: Art X Sec 3;
); 53A-1-401[ (3)]; 53A-17a-133; 53A-17a-164; 53A-17a-150[ ; 53A-17a-151; 59-2-919]
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/b20171001.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 email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.