DAR File No. 43086

Workforce Services, Employment Development

Section R986-700-779

Educational Improvement Opportunities Outside of the Regular School Day Grant Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 43086
Filed: 07/14/2018 04:43:50 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this proposed new section is to outline procedures for the Educational Improvement Opportunities Outside of the Regular School Day Grant Program, including the acceptance of grant applications and the awarding of grants.

Summary of the rule or change:

During the 2018 General Session, the Utah Legislature passed S.B. 202 which enacts Section 53F-5-210. The bill creates the Educational Improvement Opportunities Outside of the Regular School Day Grant Program and sets forth how the Department of Workforce Services (Department) is to administer the Program for private providers, nonprofit providers, and municipalities. Specifically, the bill sets out the criteria for awarding grants and instructs the Department to solicit grant applications. Subsection 53F-5-210(9) specifically instructs the Department to make rules for the administration of the Program. This proposed new section sets forth the procedural requirements for administering the Program.

Statutory or constitutional authorization for this rule:

• Section 53F-5-210

Anticipated cost or savings to:

the state budget:

This proposed new section is not expected to cause any costs or savings to the state budget because this proposed new section simply sets forth the procedures for how grant applications will be accepted and funded. Nothing in this proposed new section affects the amount of available grant funding or otherwise requires changes in state budget expenditures.

local governments:

This proposed new section is not expected to cause any costs or savings to local governments because this proposed new section simply sets forth the procedures for how grant applications will be accepted and funded. Nothing in this proposed new section affects the amount of available grant funding, a municipality�s substantive eligibility for funding, or any other matter that would cause a change to local governments.

small businesses:

This proposed new section is not expected to cause any costs or savings to small businesses because this proposed new section simply sets forth the procedures for how grant applications will be accepted and funded. Nothing in this proposed new section affects the amount of available grant funding, a provider's substantive eligibility for funding, or any other matter that would cause a fiscal impact to any small business. The Department has considered whether this proposed new section will have a measurable negative fiscal impact on small businesses and has determined that this proposed new section will not have a negative fiscal impact.

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

This proposed new section is not expected to cause any costs or savings to persons other than small businesses, businesses, or local government entities because this proposed new section simply sets forth the procedures for how grant applications will be accepted and funded. Nothing in this proposed new section affects the amount of available grant funding, a provider's substantive eligibility for funding, or any other matter that would cause a fiscal impact to any person other than a small business, business, or local government entity.

Compliance costs for affected persons:

This proposed new section is not expected to cause any compliance costs for affected persons because this proposed new section simply specifies when and how requests for grant funds may be made and does not impose any new eligibility, reporting, or enforcement requirements.

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

After a thorough analysis, it was determined that this proposed new section will not result in a fiscal impact to businesses.

Jon Pierpont, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Workforce Services
Employment Development
140 E 300 S
SALT LAKE CITY, UT 84111-2333

Direct questions regarding this rule to:

• Nathan White at the above address, by phone at 801-526-9647, by FAX at , 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:

08/31/2018

This rule may become effective on:

09/07/2018

Authorized by:

Jon Pierpont, Executive Director

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 Persons	$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

After a thorough analysis, it was determined that this proposed new section will not result in a fiscal impact to businesses.

 

 

R986. Workforce Services, Employment Development.

R986-700. Child Care Assistance.

R986-700-779. Educational Improvement Opportunities Outside of the Regular School Day Grant Program.

(1) This rule is authorized by Section 53F-5-210, which creates a grant program for out-of-school time programs and instructs the Department to make rules to administer the grant program for private providers, nonprofit providers, and municipalities.

(2) The purpose of this rule is to outline procedures for the Educational Improvement Opportunities Outside of the Regular School Day Grant Program, including the acceptance of grant applications and the awarding of grants.

(3) Terms used in this rule have the definitions given to them in Section 53F-5-210. For purposes of this rule, "private matching funds" as used in Subsection 53F-5-210(7) means funds from a private source that have not been earmarked or pledged as a match for any other purpose. "Private matching funds" specifically excludes the following:

(a) any federal funds, and

(b) parent funds or any other funds, if the practical effect of earmarking or pledging the funds is to pass the cost of the match along to parents.

(4) For each year the Department is authorized to solicit grant applications, the Department shall publish a grant application timeline that includes the start and end dates for application acceptance and anticipated timeframes for grant evaluation, acceptance or rejection, and funding. The Department may disregard any application that does not comply with the grant application timeline.

(5) The Department shall create a grant application consistent with the requirements of Subsections 53F-5-210(4) and (7)(a). Applicants shall apply for grants using the application the Department creates. The Department may disregard incomplete or non-conforming applications.

(6) The Department shall evaluate and accept or reject grant applications in accordance with the criteria set forth in Subsection 53F-5-210(5).

(7) Grant recipients shall execute and comply with a standard grant terms and conditions agreement with the Department as a condition of receiving a grant under this rule.

(8) Grant recipients shall claim grant funds by submitting reimbursement requests in accordance with Department reimbursement procedures.

 

KEY: child care, grant programs

Date of Enactment or Last Substantive Amendment: [July 1, 2017]2018

Notice of Continuation: September 3, 2015

Authorizing, and Implemented or Interpreted Law: 35A-3-310; 53A-1b-110; 53F-5-210