DAR File No. 43139

This rule was published in the September 1, 2018, issue (Vol. 2018, No. 17) of the Utah State Bulletin.


Education, Administration

Rule R277-718

Out-of-School Time Program Quality Improvement Grants

Notice of Proposed Rule

(New Rule)

DAR File No.: 43139
Filed: 08/07/2018 02:51:55 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to outline grant procedures, including: 1) an application procedure; 2) criteria and procedures for awarding grants; and 3) requirements for grant recipients.

Summary of the rule or change:

In the 2018 General Session, S.B. 202 created a grant program for after school programs. Rule R277-718 is proposed to initiate the oversight of the grant program.

Statutory or constitutional authorization for this rule:

  • Section 53F-5-210
  • Article X Section 3
  • Subsection 53E-3-401(4)

Anticipated cost or savings to:

the state budget:

This is a new rule that establishes guidelines for the Educational Improvement Opportunities Outside of the Regular School Day Grant Program created in the 2018 General Session by Section 53F-5-210. This rule provides criteria, standards, and procedures for: 1) awarding grants; 2) grant recipients and matching requirements, accountability, and reporting; and 3) monitoring and reimbursement procedures. Funds were appropriated in the legislative session, $125,000, for the grant program. No further state fiscal impact.

local governments:

This is a new rule that establishes guidelines for the Educational Improvement Opportunities Outside of the Regular School Day Grant Program created in the 2018 General Session by Section 53F-5-210. This rule provides criteria, standards, and procedures for: 1) awarding grants; 2) grant recipients and matching requirements, accountability, and reporting; and 3) monitoring and reimbursement procedures. Funds were appropriated in the legislative session, $125,000, for the grant program. School districts and charter schools may receive up to $125,000 in total statewide and may be required to expend or provide evidence of private funds used to match. Match statewide would be no more than $125,000.

small businesses:

This is a new rule that establishes guidelines for the Educational Improvement Opportunities Outside of the Regular School Day Grant Program created in the 2018 General Session by Section 53F-5-210. This rule provides criteria, standards, and procedures for: 1) awarding grants; 2) grant recipients and matching requirements, accountability, and reporting; and 3) monitoring and reimbursement procedures. Funds were appropriated in the legislative session, $125,000, for the grant program. School districts and charter schools may receive up to $125,000 in total statewide and may be required to expend or provide evidence of private funds used to match. Match statewide would be no more than $125,000. No impact on small businesses.

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

This is a new rule that establishes guidelines for the Educational Improvement Opportunities Outside of the Regular School Day Grant Program created in the 2018 General Session by Section 53F-5-210. This rule provides criteria, standards, and procedures for: 1) awarding grants; 2) grant recipients and matching requirements, accountability, and reporting; and 3) monitoring and reimbursement procedures. Funds were appropriated in the legislative session, $125,000, for the grant program. School districts and charter schools may receive up to $125,000 in total statewide and may be required to expend or provide evidence of private funds used to match. Match statewide would be no more than $125,000. No impact on other persons, unless they elect to participate and provide the required match to the LEA who receives the grants.

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 non-small businesses with a NAICS code 611110). This rule change applies to program for local education agencies and will not have a fiscal impact on non-small 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 [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:

10/01/2018

This rule may become effective on:

10/08/2018

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$0

$0

$0

Local Government

$125,000

$125,000

$125,000

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$125,000

$125,000

$125,000





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 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 non-small businesses with a NAICS code 611110). This proposed rule applies to a program for local education agencies and will not have a fiscal impact on non-small 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.

 

 

R277. Education, Administration.

R277-718. Out-of-School Time Program Quality Improvement Grants.

R277-718-1. Authority and Purpose.

(1) This rule is authorized by:

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

(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) Section 53F-5-210, which creates a grant program for out-of-school time programs, and requires the Board to adopt rules to administer the grant program.

(2) The purpose of this rule is to outline grant procedures, including:

(a) an application procedure;

(b) criteria and procedures for awarding grants; and

(c) requirements for grant recipients.

 

R277-718-2. Definitions.

(1) "Assessment tool" means the same as defined in R277-715.

(2) "Grant program" means the Educational Improvement Opportunities Outside of the Regular School Day Grant Program established in Section 53F-5-210.

(3) "Participating program" means the same as defined in R277-715

(4) "Private matching funds" does not include funds from federal, state, or local government sources.

(5) "Quality observation process" means a process in which a trained and certified specialist observes a participating program that is awarded funds under the grant program, using a valid observation tool, on the extent to which the program is implementing the standards described in R277-715-3.

 

R277-718-3. Grant Applications.

(1) The Superintendent shall create an application consistent with the provisions of Subsection 53F-5-210(4), and make the application available to participating programs operated by LEAs.

(2) The application shall require the LEA to provide evidence and report how it intends to provide the matching private funds required in Subsection 53F-5-210(7), including the source of funding the LEA intends to use.

(3) For each year the Superintendent is authorized to solicit grant applications, the Superintendent shall publish a timeline, and include a date for the application release, due dates for an LEA to submit required materials, and anticipated timeframes for evaluation to participating programs operated by LEAs through the Board's enterprise grant management system.

 

R277-718-4. Procedures and Criteria for Awarding Grants.

(1) In accordance with Subsection 53F-5-210(5), the Superintendent shall evaluate LEA program proposals on:

(a) the percentage of students in the program who qualify for free or reduced-price lunch;

(b)(i) evidence that the LEA has dedicated private matching funds to support the LEA's grant funding request; or

(ii) provide assurances that the LEA will obtain private matching funds to support the LEA's grant funding request;

(c) the extent to which the program has participated in the assessment tool;

(d) the program's commitment to implementing the quality observation process and reporting timely results to the Superintendent;

(e) whether the program intends to spend grant funds on activities, purposes, or interventions that have a likelihood of improving student academic performance; and

(f) the extent to which the program has engaged in and implemented a program needs assessment for purposes of identifying gaps that may be addressed by funding.

(2) A program shall receive priority points or additional weighting for a higher percentage of students in the program who qualify for free or reduced-price lunch.

(3) The Superintendent may not distribute grant funds until the LEA has certified that the LEA has obtained the private matching funds in an amount that is equal to or more than the grant funds.

 

R277-718-5. Grant Recipient Requirements, Accountability, and Reporting.

(1) An LEA that receives funding under the grant program shall target grant funds to expenditures that are likely to have a positive effect on the quality of the program, such as highly-qualified staff, specific professional development or training for staff, or evidence-based curriculum.

(2) LEAs shall submit reimbursement requests to claim grant funds.

(3) An LEA grant recipient shall participate in the quality observation process to assess the quality of the program.

(4) To determine the impact of the program on the academic performance of participating students, the Superintendent shall use statewide assessments.

(5) An LEA grant recipient shall report to the Superintendent:

(a) the average daily attendance of regularly participating students;

(b) the types of interventions that program recipients received on the days they attended the program; and

(c) the amount of services received by participating students, grouped by:

(i) 30 days;

(ii) 30-59 days;

(iii) 60-89 days; and

(iv) more than 90 days.

(6) An LEA grant recipient shall report the data described in Subsection (4) to the Superintendent in:

(a) a mid-year report by Dec 31; and

(b) an end-of-year report by May 31.

(7) LEAs that receive grant funds may be required to provide evidence to the Superintendent that the private matching funds were obtained and expended for the same purposes as the activities supported by these state funds.

(8) LEAs that receive grant funds are subject to fiscal and programmatic monitoring to validate uses of funds and programmatic performance and outcomes annually.

 

KEY: grant program, application procedures, reporting, assessments

Date of Enactment or Last Substantive Amendment: 2018

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53F-5-210


Additional Information

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/2018/b20180901.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 801-538-7550, by FAX at 801-538-7768, or by Internet E-mail at [email protected].  For questions about the rulemaking process, please contact the Office of Administrative Rules.