DAR File No. 42803

Education, Administration

Rule R277-493

Kindergarten Supplemental Enrichment Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 42803
Filed: 04/16/2018 01:32:37 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies.

Summary of the rule or change:

This rule change provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. It also enables the Superintendent to continue to deem a school that received funding in the prior year as eligible based on its eligibility from the local education agencies (LEAs) initial application year. This change will not have a fiscal impact on LEAs. It enables LEAs to sustain their participation in the program with approval from the Superintendent despite changes in their qualifying population.

Statutory or constitutional authorization for this rule:

• Art X Sec 3
• Subsection 53F-4-205(7)
• Section 53F-4-205

Anticipated cost or savings to:

the state budget:

This rule change is not anticipated to have aggregate anticipated cost or savings to the state budget.

local governments:

This rule change is not anticipated to have aggregate anticipated cost or savings to local governments.

small businesses:

This rule change is not anticipated to have aggregate anticipated cost or savings to small businesses.

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

This rule change is not anticipated to have aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

This rule change is not estimated to have compliance costs for affected persons.

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

This change to Rule R277-493 is not estimated to have a fiscal impact. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities on the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. This proposed rule change is not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with the Kindergarten Supplemental Enrichment grant program for LEAs administered by the Utah State Board of Education and does not require any expenditures of or generate any revenues for large businesses. This rule change provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. It also enables the Superintendent to continue to deem a school that received funding in the prior year as eligible based on its eligibility from its initial application year. This change will not have a fiscal impact on LEAs. It enables LEAs to sustain their participation in the program with approval from the Superintendent despite changes in their qualifying population. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

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:

05/31/2018

This rule may become effective on:

06/07/2018

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This change to Rule R277-493 is not estimated to have a fiscal impact. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities on the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. This proposed rule change is not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with the Kindergarten Supplemental Enrichment grant program for local education agencies (LEAs) administered by the Utah State Board of Education and does not require any expenditures of or generate any revenues for large businesses.

 

This rule change provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. It also enables the Superintendent to continue to deem a school that received funding in the prior year as eligible based on its eligibility from its initial application year. This change will not have a fiscal impact on LEAs. It enables LEAs to sustain their participation in the program with approval from the Superintendent despite changes in their qualifying population.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

R277-493. Kindergarten Supplemental Enrichment Program.

R277-493-1. Authority and Purpose.

(1) This rule is authorized by:

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

(b) Subsection [53A-1-401]53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law[; and].

(c) Subsection [53A-15-2003(6)]53F-4-205(7), which directs the Board to adopt rules to implement the kindergarten supplemental enrichment program.

(2) The purpose of this rule is to make rules to establish reporting procedures and administer [Title 53A, Chapter 15, Part 20,]Section 53F-4-205 Kindergarten Supplemental Enrichment Program.

 

R277-493-2. Definitions.

(1)(a) "Eligible school" has the same meaning as defined in Subsection [53A-15-2002(2)]53F-4-205.

(b) "Eligible school" does not include a school that receives funds under Section [53A-17a-167]53F-2-507, Enhanced kindergarten early intervention program.

(2) "Kindergarten supplemental enrichment program" has the same meaning as defined in Subsection [53A-15-2002(4)]53F-4-205.

 

R277-493-3. Program Administration.

(1) An LEA with an eligible school may apply for kindergarten supplemental enrichment program by filing a grant application following a form approved by the Superintendent no later than May 15 annually.

(2) An application filed in accordance with Subsection (1) shall include:

(a) evidence of an eligible school's overall need for a kindergarten supplemental enrichment program based on the results of the eligible school's current kindergarten entry assessments and programming;

(b) a description of how the eligible school will use the Board approved uniform entry assessment to determine which students to target for the kindergarten supplemental enrichment program;

(c) a description of how the eligible school's program will coordinate with the Superintendent and LEA personnel to meet the annual reporting requirements of this rule;

(d) a description of how the eligible school will use funds to meet the requirements of Subsection [53A-15-2003(3)]53F-4-205(4);

(e) if an eligible school is applying based on their percentage of students experiencing intergenerational poverty, a description of the learning strategies the school will employ to design and implement a program that is developed with the unique needs of students experiencing intergenerational poverty in mind; and

(f) other information as requested by the Superintendent.

(3)(a) If an eligible school has previously received funding through the kindergarten supplemental enrichment program, an application under Subsection (1) shall also include data from Board entry and exit exams to establish success in changing student outcomes in comparison to similarly situated peers who weren't able to receive the benefit of the kindergarten supplemental enrichment program.

(b) If an LEA submits a renewal application for a school that has previously been deemed eligible and received funding through the kindergarten supplemental enrichment program, the Superintendent may continue to deem the school as eligible based on the school's eligibility described in Subsection 53F-4-205(1)(b) from its initial application year.

(4) The Superintendent shall recommend distribution of funds by the Board in accordance with Subsection [53A-15-2003(1)(a)]53F-4-205(2).

(5) An eligible school that receives kindergarten supplement enrichment program funds shall comply with the assessment and reporting requirements of Section R277-489-5.

(6) The Superintendent shall require an eligible school that receives funds in accordance with this rule to demonstrate compliance with federal supplanting requirements.

 

KEY: kindergarten, supplementals, enrichments

Date of Enactment or Last Substantive Amendment: [August 7, 2017]2018

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; [53A-1-401]53E-3-401; [53A-15-2003(6)]53F-4-205(7)