DAR File No. 42994

Education, Administration

Rule R277-617

Smart School Technology Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 42994
Filed: 06/14/2018 03:13:51 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to provide criteria and procedures for the Utah State Board of Education (Board) to select schools to participate in the Smart School Technology Program. Rule R277-617 is amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies.

Summary of the rule or change:

Rule R277-617 is amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies.

Statutory or constitutional authorization for this rule:

• Article X Section 3
• Subsection 53F-6-202(8)(d)
• Subsection 53E-3-401(4)

Anticipated cost or savings to:

the state budget:

These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter the program.

local governments:

These rule changes are not expected to have any fiscal impact on local government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter the program.

small businesses:

These rule changes are not expected to have any fiscal impact on small businesses' government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule applies to a program for local education agencies (LEAs) and does not affect small businesses.

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

These rule changes are not expected to have any fiscal impact on other individuals' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule applies to a program for LEAs and does not affect other individuals.

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:

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). These rule changes apply to a program for LEAs and will not have a fiscal impact on large or small businesses. 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 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:

07/31/2018

This rule may become effective on:

08/07/2018

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
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 in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are zero large businesses with a NAICS code 611110 (Elementary and Secondary Schools). 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which have fewer than 50 employees so qualify as small businesses. Thus, these rule changes are not expected to have any fiscal impact on large businesses' revenue or expenditures because there are no applicable large businesses and it does not require any expenditures of or generate any revenues for large businesses.

 

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.

R277-617. Smart School Technology Program.

R277-617-[2]1. Authority and Purpose.

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

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

(b) Subsection 53[A-1]E-3-401[(3)](4), which [authorizes]allows the Board to adopt rules [in accordance with its responsibilities]to execute the Board's duties and responsibilities under the Utah Constitution and state law[,]; and [by Section 53A-1-709(8)(d)]

(c) Subsection 53F-6-202(8)(d), which [that ]directs the Board to make rules specifying procedures and criteria to be used for selecting schools that may participate in the Smart School Technology Program.

[B.](2) The purpose of this rule is to provide criteria and procedures for the Board to select schools to participate in the Smart School Technology Program.

 

R277-617-[1]2. Definitions.

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

[B.](1) "Independent Evaluating Committee" means the committee established under [Section 53A-1-709(5)]Subsection 53F-6-202(5).

[C.](2) "Smart School Technology Program" or "[(]Program[)]" means a three-year program developed by a selected technology provider for a customized whole-school technology deployment plan individualized for each school selected by the Board.

[D.](3) "Technology[,]"[for purposes of this rule], means [technology]components provided as examples under S ubsection 53[A-1-709]F-6-202(7) or other [technology]components approved by the independent evaluating committee.

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

 

R277-617-3. School Selection Criteria.

[A.](1) A [P]public school[s] that include s any combination of grades K-12 shall be eligible for the Program

[B.](2) An applicant school shall provide a technology implementation plan with its application[. At], which shall, at a minimum[, the plan shall]:

([1]a) identify [technology (or ]technologies[)] that the school will employ;

([2]b) estimate numbers of technology devices needed based on numbers of students expected to be in the school for identified school years;

([3]c) [explain, including explaining the use of technology and providing supporting documentation,]provide a supported explanation about how technology will support the improvement of student achievement with respect to the core curriculum;

([4]d) explain how technology will improve students' skill using technology;

([5]e) explain what filtering devices or protections will be used by the school to protect students from inappropriate technology use and sites;

([6]f) agree that the school will provide all data and information required by the [USOE]Superintendent for evaluation purposes[, as requested by the USOE];

([7]g) explain the current technology capabilities and equipment available at the applicant school; and

([8]h) provide additional information requested by the [USOE]Superintendent on the application.

 

R277-617-4. Required Matching Funds.

[A.](1) The [USOE]Superintendent shall provide an application form , which will [provide]require specific information about the level or amount of matching funds or resources that the school must provide and when the matching funds must be available.

[B.](2) [The]An application shall explain how the school or LEA will provide matching funds to satisfy the requirement of S ubsection 53[A-1-709]F-6-202(8)(d) (ii) for matching funds.

[C.](3) [The applicant school shall assure the USOE that it]An application shall include assurance that a school or LEA will meet the requirement for matching local funds through the duration of the Program or may be obligated to repay the state funds to the [USOE]Board.

 

R277-617-5. School Selection and Evaluation.

[A. The USOE shall provide an application for the Program before May 15, 2013.

B. Completed applications shall be returned to the USOE before June 1, 2013.]

(1) The Superintendent shall set application and funding deadlines based on funding availability.

[C.](2) The [USOE]Superintendent shall screen all applications for compliance with all state laws, this Rule R277-617 , and application requirements.

[D.](3) The [USOE]Superintendent shall seek the participation and advice of the independent evaluating committee in selecting final applications to recommend for funding.

(4) The Board shall make final school selections.

[E.](5) To the extent possible, [selected applicants shall]the independent evaluatinf committee recommend schools, which represent geographic, economic and demographic diversity, in addition to other criteria provided in the [USOE ]application.

[F. Funded applicants shall be selected and notified before June 30, 2013.

G. Selection timelines may be modified by mutual agreement between the USOE and the independent evaluating committee.]

[H.](6) The Board and the education technology provider shall evaluate the [P]program consistent with S ubsection 53[A-1-709]F-6-202(9).

 

KEY: schools, technology

Date of Enactment or Last Substantive Amendment: [August 7, 2013]2018

Notice of Continuation: June 10, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; [53A-1-401(3); 53A-1-709(8)(d)]53E-3-401(4); 53F