DAR File No. 42916

Education, Administration

Rule R277-436

Gang Prevention and Intervention Programs in the Schools

Notice of Proposed Rule

(Amendment)

DAR File No.: 42916
Filed: 05/14/2018 04:00:30 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board of Education policies.

Summary of the rule or change:

This rule was due for its five-year review and continuation. The Utah State Board of Education has reviewed this rule and determined that it continues to be necessary. These changes to proposal requirements and criteria for prioritization of funds could result in changes in how the funds get allocated to local education agencies (LEAs).

Statutory or constitutional authorization for this rule:

• Article X Section 3
• Subsection 53E-3-401(4)
• Subsection 53F-2-410(1)(b)

Anticipated cost or savings to:

the state budget:

These rule changes may have a fiscal impact on LEAs. These changes to proposal requirements and criteria for prioritization of funds could result in changes in how the funds get allocated to LEAs. However, this potential change in fiscal impact will depend on which LEAs apply for a grant and likely will be mitigated by the increase of $300,000 for gang prevention and intervention (S.B. 2 passed during the 2018 General Session).

local governments:

These rule changes may have a fiscal impact on LEAs. These changes to proposal requirements and criteria for prioritization of funds could result in changes in how the funds get allocated to LEAs. However, this potential change in fiscal impact will depend on which LEAs apply for a grant and likely will be mitigated by the increase of $300,000 for gang prevention and intervention (S.B. 2 (2018)).

small businesses:

These proposed rule changes are not expected to have any fiscal impact on small business revenues or expenditures because it deals with gang prevention and intervention in schools which is funded by state appropriations and does not require any expenditures of or generate any revenues for small businesses.

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

These proposed rule changes are not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because it deals with gang prevention and intervention in schools which is funded by state appropriations and does not require any expenditures of or generate any revenues for "other persons".

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

These changes to Rule R277-436 may have a fiscal impact on LEAs, but not on small or large businesses. 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 in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with gang prevention and intervention in schools which is funded by state appropriations, and does not require any expenditures of or generate any revenues for large businesses. Gang prevention and intervention is funded as a grant program. These rule changes add that LEAs proposals must identify the school?s at-risk student population and demonstrate how the prevention and intervention strategies will benefit at-risk students. These changes also add that priority for the funds will be given to schools that demonstrate multiple risk factors for gang involvement and to schools with outcome data that show successful reduction of gang involvement. Currently, priority is given to applications reflecting interagency and intra-agency collaboration. These changes to proposal requirements and criteria for prioritization of funds could result in changes in how the funds get allocated to LEAs. However, this potential change in fiscal impact will depend on which LEAs apply for a grant and likely will be mitigated by the increase of $300,000 for gang prevention and intervention, S.B. (2018). This rule was due for its five-year review and continuation. The Utah State Board of Education has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board of Education policies. 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 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at [email protected]

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:

07/02/2018

This rule may become effective on:

07/09/2018

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

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

These changes to Rule R277-436 may have a fiscal impact on local education agencies (LEAs), but not on small or large businesses. 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 in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with gang prevention and intervention in schools which is funded by state appropriations and does not require any expenditures of or generate any revenues for large businesses.

 

Gang prevention and intervention is funded as a grant program. These rule changes add that LEA's proposals must identify the school's at-risk student population and demonstrate how the prevention and intervention strategies will benefit at-risk students. These change also add that priority for the funds will be given to schools that demonstrate multiple risk factors for gang involvement and to schools with outcome data that show successful reduction of gang involvement. Currently, priority is given to applications reflecting interagency and intra-agency collaboration.

 

These changes to proposal requirements and criteria for prioritization of funds could result in changes in how the funds get allocated to LEAs. However, this potential change in fiscal impact will depend on which LEAs apply for a grant and likely will be mitigated by the increase of $300,000 for gang prevention and intervention (S.B. 2 passed in the 2018 General Session).

 

This rule was due for its five-year review and continuation. The Utah State Board of Education has reviewed this rule and determined that it continues to be necessary. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies.

 

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.

R277-436. Gang Prevention and Intervention Programs in the Schools.

R277-436-[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) Subsection 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-17a-166]53F-2-410(1)(b), which appropriates funds to be used for Gang Prevention and Intervention Programs in the schools[, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities].

[B.](2) The purpose of this rule is to establish standards and procedures for distributing funding for gang prevention and intervention programs in public schools.

 

R277-436-[1]2. Definitions.

[A.](1) ["Student at risk"]"At-risk student" means any student who because of [his]the student's individual needs requires some kind of uniquely designed intervention in order to achieve literacy, graduate and be prepared for transition from school to post-school options.

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

[C.](2)(a) "Gang" [(as defined in this rule) ]means a group of three or more people who form an allegiance and engage in [a range of anti-social behaviors that may include violent or unlawful activity or both]criminal activity, which uses violence or intimidation to further its criminal objectives.

(b) [These groups]A gang may have a name, turf, colors, symbols, [or ]distinct dress, or any combination of the preceding characteristics.

[D.](3)(a) "Gang prevention" means instructional and support strategies, activities, programs, or curricula designed and implemented to provide successful experiences for youth and families.

(b) Gang prevention activities [These components] shall promote cultural and social competence, self-management skills, citizenship, preparation for life skills, academic achievement, literacy, and interpersonal relationship skills required for school completion and full participation in society.

[E.](4) "Gang intervention" means specially designed services required by an individual student experiencing difficulty in cultural and social competence, self-management skills, citizenship, preparation for life skills, academic achievement, literacy, and interpersonal relationships , within or outside of the school , which may impact the individual's susceptibility to gang membership or gang-like activities[or both].

[F.](4) "Gang Prevention and Intervention Program" means specifically designed projects and activities to help at-risk students stay in school and enhance their cultural and social competence, self-management skills, citizenship, preparation for life skills, academic achievement, literacy, and interpersonal relationship skills required for school completion and full participation in society.[

G. "In kind services" means those materials, staff and equipment which are required to develop and implement gang prevention and intervention services, strategies, activities, programs, and curricula with individual students, families, or both. In kind services do not include office space and related office support.

H. "Superintendent" means the State Superintendent of Public Instruction.

I. "USOE" means the Utah State Office of Education.]

 

R277-436-3. Application, Distribution of Funds, and Administrative Support.

[A. Awards shall be made to individual schools and funds allocated to charter schools or to school districts to distribute to designated schools.

B. School districts may submit a single district-wide proposal for one or more schools within the district. The proposal shall:

(1) provide for distribution of funds to individual schools; and

(2) provide explanations of prevention and intervention activities and strategies planned for individual schools.

C. Charter schools may submit independent or joint proposals.

D. School districts or charter schools or charter consortia may utilize up to ten percent of their funding under the rule for the following specific purposes:

(1) administrative oversight;

(2) professional development for licensed and non-licensed employees who work directly in gang prevention/intervention activities; and

(3) professional and technical services.

E. Proposals/applications shall be provided by the USOE.

F. Awards per school shall be based on funds available.

G. Priority shall be given to applications reflecting interagency and intra-agency collaboration.

H. Proposals receiving funding shall be notified by July 1.

I. Schools or joint school applications that were funded and complied with all requirements of law and rule may reapply in subsequent years using an abbreviated proposal form provided by the USOE.

J. The USOE may retain up to five percent of the annual legislative appropriation for the following specific purposes:

(1) an amount not to exceed 2.5 percent for:

(a) site visits; and

(b) professional development, as determined and guided by the USOE.

(2) an amount not to exceed 2.5 percent for:

(a) administrative oversight; and

(b) statewide coordination training.](1) An LEA may apply for gang intervention funds by submitting a proposal on a form approved by the Superintendent.

(a) An school district may submit:

(i) a proposal for a single school; or

(ii) a single district-wide proposal.

(b) A charter school may apply individually or jointly with other charter schools.

(2) A proposal submitted in accordance with Subsection (1) shall:

(a) provide for distribution of funds to individuals schools;

(b) explain prevention and intervention activities and strategies planned for individual schools;

(c) identify the school's at-risk student population and demonstrate how the prevention and intervention strategies will benefit at-risk students; and

(d) demonstrate interagency collaboration between the LEA and other service providers.

(3) The Superintendent shall award gang intervention funds based on proposals submitted in accordance with Subsection (1), and subject to the annual legislative appropriation.

(4) The Superintendent shall give priority in awarding funds to:

(a) schools that demonstrate multiple risk factors for gang involvement; and

(b) schools with outcome data that show successful reduction of gang involvement.

(5) The Superintendent shall notify successful applicants of their awards by July 1 annually.

(6) An LEA or charter consortia may use up to ten percent of its funding awarded in accordance with this rule for:

(a) administrative oversight;

(b) professional development for licensed and non-licensed employees who directly in gang prevention or intervention activities; and

(c) professional and technical services.

 

R277-436-4. Evaluation and Reports.

[A.](1) [School districts and charter schools or]An LEA or charter school consortia shall provide the [USOE with]Superintendent a year-end evaluation report by June 30 for the previous fiscal year.

[B.](2) A[The] year-end report shall include:

([1]a) an expenditure report;

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

([3]c) copies of any and all products developed;

([4]d) an effectiveness report detailing evidence of individual and overall program impact on gang and gang-related activities and involvement; and

([5]e) any other information or data [as ]required by the [USOE]Superintendent.

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

 

R277-436-5. Waivers.

[The]Notwithstanding Rule R277-121, the Superintendent may grant a written request for a waiver of a requirement or deadline contained in this rule, which a district or school finds unduly restrictive.

 

KEY: public schools, disciplinary problems, students at risk, gangs

Date of Enactment or Last Substantive Amendment: [August 8, 2011]2018

Notice of Continuation: May 15, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-17a-166(1)(b); 53A-1-401(3)