DAR File No. 44165

This rule was published in the November 15, 2019, issue (Vol. 2019, No. 22) of the Utah State Bulletin.


Workforce Services, School Readiness Board

Rule R995-100

School Readiness Board

Notice of Proposed Rule

(New Rule)

DAR File No.: 44165
Filed: 10/30/2019 10:29:51 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2019 General Session, the Legislature passed S.B. 166, School Readiness Amendments, which moved and renumbered provisions related to the High Quality School Readiness Program and the School Readiness Initiative and enacted, under the School Readiness Board (SRB) within the Department of Workforce Services, Title 35A, Chapter 15, Preschool Programs. S.B. 166 (2019) directed the SRB to enact certain rules related to administering and monitoring preschool grant programs and implementing the tool used to determine whether a preschool program is high quality.

Summary of the rule or change:

This rule explains the role of the Department of Workforce Services in supporting the SRB and developing grant documentation for various school readiness grants. This rule describes how the Becoming High Quality School Readiness Grant and the Expanded Student Access to High Quality School Readiness Programs Grant will be assessed and monitored. This rule describes how the SRB will implement the tool used to determine whether a preschool program is high quality.

Statutory or constitutional authorization for this rule:

  • Section 35A-15-302
  • Section 35A-15-301

Anticipated cost or savings to:

the state budget:

This rule is not expected to have any fiscal impact on state budget revenues or expenditures that were not already accounted for by the fiscal note to S.B. 166 (2019).

local governments:

This rule is not expected to have any fiscal impact on local governments' revenues or expenditures that were not already accounted for by the fiscal note to S.B. 166 (2019).

small businesses:

This rule is not expected to have any fiscal impact on small businesses' revenues or expenditures that were not already accounted for by the fiscal note to S.B. 166 (2019).

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

This rule is not expected to have any fiscal impact on other persons' revenues or expenditures that were not already accounted for by the fiscal note to S.B. 166 (2019).

Compliance costs for affected persons:

This rule is not expected to cause any compliance costs for affected persons because this proposed rule does not create any new administrative fees.

Comments by the department head on the fiscal impact the rule may have on businesses:

After a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses.

Jon Pierpont, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Workforce Services
School Readiness Board
140 E BROADWAY
SALT LAKE CITY, UT 84111-2333

Direct questions regarding this rule to:

  • Amanda McPeck at the above address, by phone at 801-517-4709, by FAX at , or by Internet E-mail at ampeck@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:

12/16/2019

This rule may become effective on:

12/23/2019

Authorized by:

Jon Pierpont, Executive Director

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

This rule is not expected to have any fiscal impact on non-small businesses' revenues or expenditures that were not already accounted for by the fiscal note to S.B. 166 (2019).

 

Jon Pierpont, Executive Director of the Department of Workforce Services, has reviewed and approved this fiscal analysis.

 

 

R995. Workforce Services, School Readiness Board.

R995-100. School Readiness Board.

R955-100-100. Purpose.

This rule describes the processes and procedures used by the School Readiness Board to administer and monitor the preschool grant programs in Title 35A, Chapter 15, Preschool Programs, and to implement the tool used to determine whether a preschool program is high quality.

 

R955-100-101. Authority.

This rule is required by Sections 35A-3-301(9) and 35A-3-302(10) and is enacted under the authority of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

 

R955-100-102. Definitions.

(1) The terms used in this rule are defined in 35A-15-102.

(2) In addition:

(a) "Department" means the Department of Workforce Services.

(b) "OCC" means the Department of Workforce Services, Office of Child Care.

(c) "SRB" means School Readiness Board.

 

R955-100-103. Role of Department.

(1) The Department provides staff support to the SRB pursuant to Section 35A-15-201(4).

(2) Department staff shall develop grant documentation in consultation with the SRB.

 

R955-100-200. Becoming High Quality School Readiness Grant Program.

(1) During each program year, grant recipients shall administer and report results of the assessments required in the grant agreement.

(a) If a grant recipient fails to administer and report the results of the required assessments, the recipient shall be placed on a performance improvement plan.

(b) If a grant recipient fails to comply with the performance improvement plan, the recipient may be ineligible to receive additional reimbursements or future grant funding.

(2) Grant recipients will be subject to monitoring and reporting requirements as required by the Department and OCC under guidance from the SRB.

(a) Grant recipients shall submit the annual reports required by Sections 35A-15-301(7) and 35A-15-301(8) following the instructions contained in the grant agreement.

(b) Grant recipients shall submit any other reports, including quarterly reports, as provided in the grant agreement.

(c) If a grant recipient fails to submit required reports, the recipient shall be placed on a performance improvement plan.

(d) If a grant recipient fails to comply with the performance improvement plan, the recipient may be ineligible to receive additional reimbursements or future grant funding.

(3) Grants shall be monitored in accordance with Department grant monitoring policy and procedure.

(a) Monitoring may include but is not limited to fiscal operations, and the terms, conditions, attachments, scope of work, and performance requirements of the grant agreement.

(b) Monitoring may include, but is not limited to, both announced and unannounced site visits, desk audit, third party monitoring, expenditure document review and/or video/phone conferencing. Any onsite monitoring will take place during normal business hours.

(c) A grant recipient who fails to comply with monitoring may be placed on a performance improvement plan.

(d) If the Department determines a grant recipient is not in compliance with the grant agreement, the recipient may be placed on a performance improvement plan or the agreement may be terminated in accordance with the terms of the grant agreement.

(e) If a grant recipient fails to comply with a performance improvement plan, the recipient may be ineligible to receive additional reimbursements or future grant funding.

 

R955-100-300. Expanded Student Access to High Quality School Readiness Programs Grant Program.

(1) The SRB will select an evidence-based tool as required in Section 35A-15-303(4)(a) to determine whether a school readiness program is high quality.

(2) The SRB will implement the tool in accordance with best practices as defined by the tool's creator.

(3) Grants shall be administered and monitored in accordance with Department policy and procedure.

(a) Monitoring may include but is not limited to fiscal operations, and the terms, conditions, attachments, scope of work, and performance requirements of the grant agreement.

(b) Monitoring may include, but is not limited to, both announced and unannounced site visits, desk audit, third party monitoring, expenditure document review and/or video/phone conferencing. Any onsite monitoring will take place during normal business hours.

(c) A grant recipient who fails to comply with monitoring may be placed on a performance improvement plan.

(d) If the Department determines a grant recipient is not in compliance with the grant agreement, the recipient may be placed on a performance improvement plan or the agreement may be terminated in accordance with the terms of the grant agreement.

(i) If a grant recipient fails to comply with a performance improvement plan, the recipient may be ineligible to receive additional reimbursements or future grant funding.

 

KEY: preschool, grant programs

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: 35A-15-301; 35A-15-302


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/b20191115.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.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact Amanda McPeck at the above address, by phone at 801-517-4709, by FAX at , or by Internet E-mail at ampeck@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.