DAR File No. 43989

This rule was published in the September 1, 2019, issue (Vol. 2019, No. 17) of the Utah State Bulletin.


Education, Administration

Rule R277-928

High-Need Schools Grant

Notice of Proposed Rule

(New Rule)

DAR File No.: 43989
Filed: 08/13/2019 11:19:12 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new rule is required to implement S. B. 115, The High-Need School Amendments, which includes the new High-Need School Grant, passed in the 2019 General Session.

Summary of the rule or change:

This rule provides procedures for a local education agency (LEA) to apply for the High-Need Schools Grant; and criteria for determining if an elementary school is a high-need school.

Statutory or constitutional authorization for this rule:

  • Article X Section 3
  • Section 53F-5-212
  • Subsection 53E-3-401(4)

Anticipated cost or savings to:

the state budget:

This rule is not expected to have any fiscal impact on state government revenues or expenditures. S.B. 115 (2019) establishes the Grants for Educators in High-Need Schools Program and funds it with a state appropriation. Thus, this rule does not have an independent fiscal impact on state government revenues or expenditures.

local governments:

This rule is not expected to have any fiscal impact on local governments' revenues or expenditures. S.B. 115 (2019), establishes the Grants for Educators in High-Need Schools Program and funds it with a state appropriation. Statute for the program also requires that any LEA opting to participate in the program must provide matching funds equal to the grant amount received.

small businesses:

This rule is not expected to have any material fiscal impact on small businesses' revenues or expenditures. This rule is for a program funded through state appropriated funds and matching funds from LEAs, and thus, does not affect small businesses.

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

This rule is not expected to have any material fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule is for a program funded through state appropriated funds and matching funds from LEAs, and thus, does not affect other individuals´┐Ż revenues or expenditures.

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. This proposed rule is 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. This proposed rule has no fiscal impact on LEAs 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:

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

RULE TEXT

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. This proposed rule is 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.

R277-928. High-Need Schools Grant.

R277-928-1. 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-5-212, which establishes a grant to hire educators in high-need schools and directs the Board to make rules to govern the application process.

(2) The purpose of this rule is to provide:

(a) procedures for an LEA to apply for the High-Need Schools Grant; and

(b) criteria for determining if an elementary school is a high-need school.

 

R277-928-2. Definitions.

(1) "High-need school" means the same as the term is defined in Subsection 53F-5-212(1)(c).

(2) "Qualifying educator," except as provided in Subsection R277-928-4(2), means a first-year classroom teacher holding a professional educator license.

 

R277-928-3. Application Process.

(1) The Superintendent shall establish an application process for an LEA to apply for a high-need school grant.

(2) An LEA shall submit an application for the high-need school grant by November 30th annually.

(3) An LEA's application shall include acknowledgments that:

(a) the high-need school grant is for a single year only;

(b) the LEA shall match the grant amount in accordance with Subsection 53F-5-212(4)(b); and

(c) comply with the requirements of Subsection 53F-5-212(6).

(4) The Superintendent shall review an LEA's application based on October 1 enrollment data.

(5) The Superintendent shall:

(a) create a rubric to assign weight to the criteria outlined in Subsection 53F-5-212(5)(b); and

(b) assess low school performance to include the lowest ten percent of schools as evidenced by results from Board-approved standardized testing.

(6) The Superintendent shall select grantees by January 31st annually.

(7) An LEA shall submit the report required under Subsection 53F-5-212(6)(b) by June 30th annually.

(8) If an LEA that receives a high-need school grant is unable to fill a position with a qualifying educator or a funded educator leaves mid-year and the LEA is unable to fill the position with a qualifying educator:

(a) the LEA shall notify the Superintendent; and

(b) the LEA shall forfeit grant funds on a pro rata basis for the remainder of the school year.

 

R277-928-4. Grants for the 2019-20 School Year.

(1) The Superintendent shall establish an expedited process to take applications and award grant funds for the high-need school grant in the 2019-20 school year.

(2) A qualifying educator shall hold a Level 1 License for an LEA to qualify for a high-need school grant in the 2019-20 school year.

 

KEY: grant, high-need school

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4), 53F-5-212


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/2019/b20190901.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 angie.stallings@schools.utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.