DAR File No. 43793

Education, Administration

Rule R277-710

Intergenerational Poverty Interventions in Public Schools

Notice of Proposed Rule

(Amendment)

DAR File No.: 43793
Filed: 06/12/2019 10:46:20 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-710 was recently reviewed by the Utah State Board of Education (Board) and the following changes were deemed necessary.

Summary of the rule or change:

The following has been amended in Rule R277-710: 1) an increase in the grant range from $150,000 to $200,000 per school year; 2) added a new Section R277-710-5; 3) updated the application process in Section R277-710-6; and 4) amended Superintendent Oversight and Reporting Requirements in Section R277-710-7.

Statutory or constitutional authorization for this rule:

• Article X Section 3
• Subsection 53F-5-207(4)
• Subsection 53E-3-401(4)

Anticipated cost or savings to:

the state budget:

This rule is being updated based on feedback and consistency with other programs. These rule changes are not expected to have a fiscal impact on state government revenues or expenditures. This rule applies to the Intergenerational Poverty Interventions Grant Program which is funded with a state appropriation which is not affected by these changes.

local governments:

The rule is being updated based on feedback and consistency with other programs. These rule changes may have a fiscal impact on some local education agencies (LEAs). For program applicants without an existing after school program, under these rule changes, they may apply for grants of up to $200,000 instead of up to $150,000. A specific fiscal impact from these changes cannot be calculated because the Board does not know how many applicants will apply for and receive a grant over $150,000. The change to $200,000 does not apply to schools with existing after school programs. The total amount of funding going to LEAs for the program will remain the same.

small businesses:

These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to the Intergenerational Poverty Interventions Grant Program which is state funded and thus does not apply to small businesses.

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

These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule applies to the Intergenerational Poverty Interventions Grant Program which is state funded. These rule changes include coordinating language with Rule R277-407 on school fees, but these change are not expected to have a fiscal impact on 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 no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These proposed rule changes are not expected to have any fiscal impacts on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenue for non-small businesses. These rule changes may have a fiscal impact on LEAs although the specific impact is not quantifiable, but it will not have a fiscal impact on small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, 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:

07/31/2019

This rule may become effective on:

08/07/2019

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
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 no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service deliveries for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These proposed rule changes are not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of, or generate revenues for, non-small businesses.

 

The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

R277-710. Intergenerational Poverty Interventions in Public Schools.

R277-710-1. 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) Subsection 53F-5-207(4), which directs the Board to accept proposals and award grants under the program.

(2) The purpose of this rule is:

(a) to provide for distribution of funds to LEAs; and

(b) to provide for out-of-school educational services that assist students affected by intergenerational poverty in achieving academic success.

(3) This rule provides eligibility criteria, provides minimum application criteria, provides timelines, and provides for Superintendent oversight and reporting.

 

R277-710-2. Definitions.

(1) "Eligible student" means a student in grades k-12 of the public school system who is classified as a child affected by intergenerational poverty.

(2)(a) "Intergenerational poverty (IGP)" means poverty in which two or more successive generations of a family continue in the cycle of poverty and government dependence.

(b) "Intergenerational poverty" does not include situational poverty as defined in Subsection 35A-9-102(2).

(3) "Program" means the Intergenerational Poverty Interventions Grant Program that provides educational services outside of the regular school day, including before school, [(]after school, or summer program s[)].

 

R277-710-3. Grant Eligibility.

(1) Only LEAs are eligible to apply for funds under the program.

(2) An LEA, in designing the LEAs program services, may collaborate with a community-based organization that provides quality after school programs.

(3) The Board shall give priority to applicants that have a significant number or percentage of students affected by intergenerational poverty.

(4) Program funds are intended to provide supplemental services beyond what is already available through state and local funding.

(a)(i) For an LEA with a school that has an existing after school program, the program funds may be used to augment the amount or intensity of services to benefit students affected by IGP.

(ii) A program applicant that has an existing after school program may apply for a grant in the range of $30,000 to $50,000 per school year.

(b)(i) For an LEA with a school that does not have an existing after school program, the program funds may be used to establish a quality after school program.

(ii) A program applicant without an existing after school program may apply for grants in the range of $100,000-$[150]200,000 per school year.

(5) An LEA that participates in the program and serves students in grades k-6 may be eligible to apply for additional federal after school funding through the Department of Workforce Services.

 

R277-710-4. Program Requirements.

An applicant for a program grant shall design a program that includes the following minimum components:

(1) a description of the level of administrative support and leadership at the LEA to effectively implement, monitor, and evaluate the program;

(2) an explanation of how the LEA will provide adequate supervision and support to successfully implement or increase programs at the school level;

(3) a summary of a needs assessment conducted by the LEA to determine the academic needs and interests of participating students and their families;

(4) the identification of intended outcomes of the program and how these outcomes will be measured;

(5) an explanation of how the LEA or school will provide services to improve the academic achievement of children affected by intergenerational poverty;

(6) a commitment to assess program quality and effectiveness and make changes as needed;

(7) an outline of the scope of services, including days of the week, number of hours, and number of weeks;

(8) an explanation of the LEA's strategy for coordinating with and engaging the Department of Workforce Services to provide services for the LEA's eligible students;

(9) an explanation of how the LEA will work with the Department of Workforce Services, the Department of Health, the Department of Human Services, and the juvenile courts to provide services to the LEA's eligible students;

(10) the identification of IGP eligible students categorized by age, and schools in which the LEA plans to develop programs with the grant money;

(11) an annual program budget and identification of the estimated cost per student; and

(12) establishment and maintenance of data systems that inform program decisions and annual reporting requirements.

 

R277-710-5. Program Fees.

(1) Program fees charged by an LEA or school are subject to the provisions of R277-407.

(2) An LEA or school may impose a fee, including fees on a sliding scale, related to the LEA's program if the LEA or school complies with the provisions of R277-407, including:

(a) ensuring the program fee is approved by the LEA governing board before the LEA or school charges the fee;

(b) advertising or notifying parents and students of fee waiver eligibility and the process for a parent or student to obtain a fee waiver; and

(c) providing a student or parent an opportunity to appeal the LEA's denial of the student or parent's request for a fee waiver.

 

R277-710-[5]6. Application Process.

(1) The Superintendent shall:

(a) create a scoring rubric to evaluate grant applications;

(b) solicit competitive grant applications from LEAs;[,]

(c) review an LEA grant application according to the scoring rubric described in Subsection (1)(a); and

(d) award grant funds to LEAs based on the recommendations of a program grant application review panel.[score the applications, and make funding recommendations to the Board.]

(2) An LEA may apply for a grant through the Utah Consolidated Application (UCA).

(3)(a) The Superintendent shall convene a panel of application reviewers who demonstrate no conflicts of interest.

(b) The panel reviewers shall score applications and the panel shall make recommendations for funding to the Board.

(4) In a year when there is a grant competition:

(a) the application deadline is [June 16]May 15; and

[(b) the application review shall be completed by June 23;

(c) the Superintendent shall provide recommendations of grant applicants to the Board no later than July 1; and]

[(d)](b) the Superintendent shall notify grant recipients no later than [August 5]July 1.

(5) The Superintendent, in future years, subject to continuing appropriations, may adjust the time periods and create applicable timelines to allow LEAs more time to propose programs and complete applications.

 

R277-710-[6]7. Superintendent Oversight and Reporting Requirements.

(1) The Superintendent shall provide adequate oversight in the administration of the IGP program to include:

(a) conducting the annual application process and awarding of funds;

(b) monitoring program implementation; and

(c) gathering and reporting required data.

[(2) To effectively administer the IGP program, the Superintendent shall reserve up to 5% of the appropriation for the program for administrative and evaluation purposes.

(3)](2) An LEA that receives program grant money shall annually provide to the Superintendent the information that is necessary for the Board's report to the Utah Intergenerational Welfare Reform Commission as required by Subsection 53F-5-207(7).

[(4)](3) The annual report required under Subsection 53F-5-207(7) shall include:

(a) the progress of LEA programs in expending grant money;

(b) the progress of LEA programs in improving the academic achievement of children affected by intergenerational poverty; and

(c) the LEA's coordination efforts with the Department of Workforce Services, the Department of Health, the Department of Human Services, and the juvenile courts.

 

KEY: public schools, poverty, intervention

Date of Enactment or Last Substantive Amendment: [August 11, 2016]2019

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-5-207