DAR File No. 44065

Education, Administration

Rule R277-473

Utah Computer Science Grant

Notice of Proposed Rule

(New Rule)

DAR File No.: 44065
Filed: 09/13/2019 04:36:14 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Utah State Board of Education (Board) Rule R277-473 was enacted due to the passage of H.B. 227, Utah Computer Science Grant Act, passed in the 2019 General Session, which allows the Board to adopt rules regarding certain grant application requirements and the funding distribution.

Summary of the rule or change:

The summary of this rule is to outline the reporting requirements for a grant recipient; the funding distribution for a grant; and the additional criteria required for a grant recipient to include in the grant recipient's computer science grant plan.

Statutory or constitutional authorization for this rule:

• Subsection 63N-12-506(5)
• Article X Section 3
• Subsection 53E-3-401(4)
• Subsection 63N-12-506(7)

This rule or change incorporates by reference the following material:

• Adds Utah Master Plan, published by Utah State Board of Education, 09/05/2019

Anticipated cost or savings to:

the state budget:

This rule is not expected to have an independent fiscal impact on state government revenues and/or expenditures. H.B. 227 (2019) established the Computer Science for Utah Grant Program for eligible local education agencies (LEAs) and funded it with a state appropriation. Thus, this rule does not have an independent fiscal impact on state government revenues and/or expenditures.

local governments:

This rule is not expected to have an independent fiscal impact on local governments' revenues and/or expenditures. H.B. 227 (2019) established the Computer Science for Utah Grant Program for eligible LEAs and funded the program with a state appropriation. This rule outlines grant application requirements and funding distribution parameters for the program. H.B. 227 (2019) directs the Board to adopt rules for requirements for LEAs to participate in the program.

small businesses:

This rule is not expected to have an independent fiscal impact on small businesses' revenues and/or expenditures. This rule outlines grant application requirements and funding distribution parameters for the Utah Computer Science Grant Program. The program is funded through state appropriated monies. LEAs may contract with small businesses in the state as a result of the program. However, H.B. 227 (2019) directs the Board to adopt rules for requirements for LEAs to participate in the program.

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

This rule is not expected to have an independent fiscal impact on revenues and/or expenditures for persons other than small businesses, businesses, or local government entities. This rule outlines grant application requirements and funding distribution parameters for the Utah Computer Science Grant Program. The program is funded through state appropriated monies. LEAs may contract with Utah persons other than small businesses, businesses, or local government entities, as a result of the program. However, H.B. 227 (2019) directs the Board to adopt rules for requirements for LEAs to participate in the program.

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:

This rule is not expected to have an independent fiscal impact on non-small businesses', small business', local government entity' or other persons' revenues and/or expenditures. No non-public schools would qualify for grants under this program. H.B. 227 directs the Board to adopt rules for requirements for LEAs to participate in the program. 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:

10/31/2019

This rule may become effective on:

11/07/2019

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 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.

R277-473. Utah Computer Science Grant.

R277-473-1. 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 63N-12-506(5) which allows the Board, in consultation with the Talent Ready Utah Board, to make rules outlining a grant recipient's reporting requirements; and

(d) Subsection 63N-12-506(7) which allows the Board to make rules outlining additional requirements for a grant recipient to include in the grant recipient's computer science grant plan.

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

(a) the reporting requirements for a grant recipient; and

(b) the additional criteria required for a grant recipient to include in the grant recipient's computer science grant plan.

 

R277-473-2. Definitions.

(1) "Computer science advisory committee" or "advisory committee" means the computer science advisory committee established in Section R277-473-5.

(2) "Talent Ready Board" means the same as the term is defined in Subsection 63N-12-503.

 

R277-473-3. Incorporation of Utah's Master Plan.

(1) This rule incorporates by reference the Utah Master Plan, August 2019, which

(2) A copy of the Utah Master Plan is located at:

(a) https://www.schools.utah.gov/cte?mid=3363&tid=5; and

(b) the Utah State Board of Education - 250 East 500 South, Salt Lake City, Utah 30 84111.

 

R277-473-4. LEA Planning Grants.

(1) An LEA may apply for a planning grant in preparation for a full LEA plan and receiving a Computer Science Initiative Grant as described in this rule.

(2) A planning grant awarded under Subsection (1) shall be in the amount determined by student enrollment within the USBE state tier system up to $30,000.

(3) In order to qualify for a planning grant, an LEA shall:

(a) send an LEA representative to a pre-grant submission training conducted by the Superintendent; and

(b) complete a readiness assessment created by the Superintendent that provides an analysis for existing K-12 computer infrastructure in preparation for a grant.

(4)(a) If an LEA receives a planning grant, the LEA shall submit an LEA plan as set forth in Section R277-473-7 and 8 for the subsequent school year.

(b) An LEA that fails to submit an LEA plan in the subsequent year shall reimburse funds awarded under Subsection (2).

 

R277-473-5. Computer Science Advisory Committee Duties.

(1) The Superintendent shall create a computer science advisory committee.

(2) The advisory committee shall include the following members as non-voting chairs:

(a) the Superintendent; and

(b) the Executive Director of the Governor's Office of Economic Development or designee.

(3) In addition to the chairs described in Subsection (1), the Board, in consultation with the Talent Ready Utah Board, shall appoint five members to the advisory committee as follows:

(a) an industry representative;

(b) one member who represents a school district with expertise in digital teaching and learning;

(c) one member who represents a charter school with expertise in digital teaching and learning;

(d) a member of higher education; and

(e) a non-profit national computer science organization representative.

(3) The advisory committee shall:

(a) oversee review of an LEA plan to determine whether the LEA plan meets the criteria described in Subsection 63N-12-506(7);

(b) make a recommendation to the Superintendent and the Board on whether the Board should approve or deny an LEA plan;

(c) make recommendations to an LEA on how the LEA may improve the LEA's plan; and

(d) perform other duties as directed by:

(i) the Board; or

(ii) the Superintendent.

(4) The advisory committee may select additional LEA plan reviewers to assist the advisory committee with the work described in Subsection (3).

(5) The advisory committee, or the Superintendent on behalf of the advisory committee, shall present the advisory committee's recommendations on whether to approve or deny each LEA plan to the Board for the Board's approval.

 

R277-473-6. Board Approval or Denial of an LEA's Plan.

(1) The Board shall approve or deny each LEA plan submitted by the advisory committee.

(2) If the Board denies an LEA's plan, the LEA may amend and re-submit the LEA's plan to the advisory committee until the Board approves the LEA plan.

(3) The Board shall submit an approved LEA plan to the Talent Ready Utah Board for final approval as described in Subsection 63N-12-506(4).

 

R277-473-7. LEA Plan Requirements.

(1) An LEA shall develop a four-year plan in cooperation with educators, paraeducators, and parents.

(2) A plan shall be consistent with Subsection 63N-12-506(7) and include a comprehensive model outlined for each grade level.

 

R277-473-8. Grant Distribution.

(1) If an LEA's plan is approved by the Board, the Superintendent shall distribute grant money to the participating LEA as described in this section.

(2) An LEA with an approved plan may receive up to the LEA's requested amount.

(3) The Superintendent and advisory committee shall make computer science grant amount recommendations to the Board.

(4) The computer science grant amount recommendations shall be based on:

(a) an LEA's ability to satisfy the requirements of Subsection 63N-12-506(7);

(b) an LEA's completion of all the requirements listed in Subsection R277-473-4;

(c) the quality of an LEA's plan;

(d) the feasibility of an LEA's plan implementation; and

(e) the ability of an LEA to maximize the grant amount to reach the greatest amount of students possible.

(5)(a) If an LEA's plan is not approved during year one of the program, the advisory committee and the Superintendent shall provide additional supports to help the LEA become a qualifying LEA.

(b) The Superintendent shall redistribute the funds an LEA would have been eligible to receive, in accordance with the competitive awards, to other qualifying LEAs if the LEA's plan is not approved after additional support described in Subsection (6)(a) is given.

(6) A non-qualifying LEA may reapply for grant money in subsequent years based on the LEA's plan being approved by the Board.

 

R277-473-9. Prohibited Uses of Grant Money.

A participating LEA may not use the grant money:

(1) to fund non-computer science programs;

(2) to purchase mobile telephones;

(3) to fund voice or data plans for mobile telephones;

(4) to supplant local funds; or

(5) for any expenditure outside of an LEA's budget for the LEA's approved plan.

 

R277-473-10. Participating LEA Reporting Requirements.

(1) An LEA shall provide a report as described in Subsections 63N-12-506(8)(a),(b), and (c).

 

KEY: computer science, grants, talent ready, Utah State Board of Education

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 63N-12-506(5); 63N-12-506(7)(h); 63N-12-506(8)(d)