DAR File No. 43982

Education, Administration

Rule R277-706

Public Education Regional Service Centers

Notice of Proposed Rule

(Amendment)

DAR File No.: 43982
Filed: 08/13/2019 10:54:38 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended to include formatting changes and technical amendments in accordance with the Office of Administrative Rules rulemaking guidelines, and updated per stakeholder feedback about eligible regional service center funding and responsibilities.

Summary of the rule or change:

These rule amendments include formatting changes and technical amendments in accordance with Utah State Board of Education and the Office of Administrative Rules rulemaking guidelines, and updating eligible regional service center definitions, distribution of funds processes, and the responsibilities of the involved parties.

Statutory or constitutional authorization for this rule:

• Section 53E-3-401(4)
• Article X Section 3
• Section 53G-4-410

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. These rule changes include formatting changes and technical amendments, but no substantive changes and thus there is no fiscal impact.

local governments:

These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. These rule changes include formatting changes and technical amendments, but no substantive changes and thus there is no fiscal impact.

small businesses:

These rule changes are not expected to have any material fiscal impact on small businesses' revenues or expenditures. This rule applies to regional service centers 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. These rule changes include formatting changes and technical amendments, but no substantive changes and thus there is no fiscal impact.

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 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 they do not require any expenditures of or generate revenue for non-small businesses. These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either. 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:

10/01/2019

This rule may become effective on:

10/08/2019

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 delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. These 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 revenue 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.

R277-706. Public Education Regional Service Centers.

R277-706-[1]2. Definitions.

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

] [B.](1) "Eligible regional service center" has the same meaning as the term is defined in Section 53G-4-410.[means a regional service center formed by two or more school districts by means of an interlocal entity in accordance with Title 11, Chapter 13, Interlocal Cooperation Act.

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

 

R277-706-[2]1. Authority and Purpose.

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

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

(b) Subsection 53G-4-410(6), which[that] directs the Board to make rules regarding eligible regional service[s] center's[,]; and

(c) Subsection 53E-3-401(4), which permits the Board to adopt rules in accordance with [its]the Board's responsibilities.

[B.](2) The purpose of this rule is:

(a) to provide definitions and procedures for school districts to form interlocal agreements; and

(b) to provide for distribution of legislative funds to eligible regional service centers by the Board.

 

R277-706.3. Eligible Regional Service Centers.

[A.](1) Two or more school districts may enter into an interlocal agreement and form an [interlocal entity]eligible regional service center as described in Section 53G-4-410.

[B. An eligible regional service center may receive funds if the Legislature appropriates money.

] [C.](2) An interlocal agreement described in Subsection (1) shall confirm [and ratify the regional service center as of the effective date of the interlocal]or formalize a regional service center as described in Subsection 53G-4-410(4) as of the effective date of the agreement.

 

R277-706-4. Distribution of Funds.

[A.](1) The [USOE]Superintendent shall distribute funds, if provided by the Legislature, in equal amounts to each eligible regional service center[s based on]if the eligible regional service center:

[(1)](a) [requests from eligible regional service centers]submits a request for funds; and

[(2)](b) satisfies all [satisfaction and submission of all information and ]requirements [set]established by the Board.

[B.](2) The [USOE]Superintendent shall provide notice [that completed applications for regional service center funds are due to the USOE consistent with timelines provided by the USOE]to an eligible regional service center of the deadlines and requirements for a request for funds described in Subsection (1).

[C. The Board may review and consider a different distribution plan for future years.

D.](3) [Legislative funding, if provided,]Subject to legislative appropriation, the Superintendent shall[ be] distribute[d] funds to an eligible regional service center[s] after July 1 annually.

 

R277-706-5. Eligible Regional Service Center Responsibilities.

[A.](1) An [E]eligible regional service center[s] shall submit an annual application for available funds to the Superintendent[Board consistent with USOE timelines].

[B.](2) An eligible regional service center's application for funds shall include:

[(1)](a) a copy of the eligible regional service center's completed interlocal agreement[(s)];

[(2)](b) a proposed budget and request for funds[from the Board];

[(3)](c) a current external audit of [current]the eligible regional service center's assets and liabilities[in the initial application for funds and with each annual application];

[(4)](d) assurance, signed by all parties to the interlocal agreement, that the [USOE]eligible regional service center will [shall have access to all]provide the eligible regional service center's records to the Superintendent upon request;

[(5)](e) an annual financial report from the previous fiscal year; and

[(6)](f) a plan for the use and distribution of the eligible regional service center's funds for the applicable fiscal year with specific attention to:

(i) the delivery of Utah Education Network and Telehealth services to the LEAs within the eligible regional service center; and[and ]

(ii) the delivery of education-related services.

[C.](3) A n eligible regional service center shall provide an annual performance report to the Superintendent and the Board [beginning with fiscal year 2012], including the following information[about]:

[(1)](a) the eligible regional service center's delivery of Utah Education and Telehealth Network services;

[(2)](b) the eligible regional service center's type, amount, and effectiveness of delivery of public and higher education related services; and

[(3)](c) the eligible regional service center's coordination of public and higher education related services.

 

KEY: eligible regional service centers

Date of Enactment or Last Substantive Amendment: [October 9, 2014]2019

Notice of Continuation: September 2, 2014

Authorizing, and Implemented, or Interpreted Law: Art X Sec 3; 53G-4-410(6); 53E-3-401(4)