Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R277. Education, Administration.

Rule R277-415. School Nurses Matching Funds.

As in effect on October 1, 2019

Table of Contents

R277-415-1. 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) Section 53A-1-401, 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 53A-17a-154, which requires the Board to distribute grant money to LEAs for school nurses.

(2) The purpose of this rule is to provide rules for awarding of matching funds under Section 53A-17a-154.

R277-415-2. Definitions.

(1) "Advanced Practice Registered Nurse" or "APRN" is a nurse practitioner who may practice as a school nurse, or in a supervisory role.

(2) "Health aid or clerk" means an unlicensed assistive person who must work under the supervision of an RN.

(3) "Licensed Practical Nurse" or "LPN" means a nurse who may only assist or work under the supervision of a registered nurse or a medical doctor.

(4) "Physician" means a licensed doctor with a doctorate in medicine or osteopathic medicine from an accredited college or university.

(5) "Registered nurse" or "RN" is a licensed practicing nurse with a degree in nursing from an accredited college or university.

(6) "Typical school nurse" means a licensed RN specializing in school nursing that serves as a health care expert in a school.

R277-415-3. Appropriation for School Nurses.

(1) The Superintendent shall award an appropriation for school nurses to LEAs subject to the requirements of this Rule R277-415 and Section 53A-17a-154.

(2) An LEA that seeks an appropriation for school nurses under this Rule shall submit an application for school nurse funds annually.

(3) The Superintendent shall determine the amount of an LEA's allocation taking into account:

(a) an LEA's student enrollment;

(b) an LEA's ability to match funds as provided in this Section R277-415-3;

(c) the percentage of change to an LEA's school nursing staff since state fiscal year 2007; and

(d) the annual allocation of funds towards the school nursing program by the Legislature.

(4) An LEA shall provide a dollar for dollar match for an appropriation for school nurses awarded in accordance with this rule.

(5) An LEA shall provide a physician or APRN consultant to provide oversight to the LEA's school nursing program.

(6) Beginning with the 2018-19 school year, an LEA may use matching funds for paid personnel costs of:

(a) a typical school nurse;

(b) a registered professional nurse; or

(c) a licensed medical physician.

(7) Beginning with the 2018-19 school year, an LEA may not use matching funds for:

(a) an LPN;

(b) a special education school nurse;

(c) a pre-school school nurse;

(d) a health aid or clerk;

(e) a certified nurse assistant;

(f) office space; or

(g) medical supplies.

(8) An LEA may not count a school nurse as a full FTE at one school and a partial FTE at another school.

(9) An LEA shall provide documentation to the Superintendent to ensure that an appropriation for school nurses received does not supplant previous school nursing costs, including the LEA's:

(a) funding amounts and sources of funding for school nurses employed prior to state fiscal year 2008;

(b) funding amounts and sources of funding for current school nurses;

(c) current personnel cost information; and

(d) names and license numbers of employed school nurses.

(10) An LEA shall provide names and license numbers of the LEA's school nurses, including new hires, and overseeing consultants to the Superintendent by November 30 annually.

(11)(a) An LEA may provide an in-kind service match to qualify for state funds under this rule.

(b) An in-kind match under Subsection (11)(a) may include:

(i) a collaborative agreement with a local health department supported by an executed memorandum of understanding or contract, which shall include an hourly rate attributable to the services provided;

(ii) volunteer hours by a registered professional nurse valued at any hourly market rate approved by the Superintendent;

(iii) volunteer hours by a licensed medical physician valued at an hourly market rate approved by the Superintendent;

(iv) funds paid by a local health department towards school nurse personnel costs; and

(v) funds paid by any other outside source towards school nurse personnel costs.

(12) The Superintendent may require an LEA receiving an appropriation for school nurses to:

(a) submit reports to the Superintendent and Utah Department of Health regarding the LEA's school nursing activities; and

(b) participate in standardized data collection as established by the Utah Department of Health, including the annual school health workload census.

(13) An LEA that fails to meet its matching obligations shall reimburse any state funds awarded in accordance with this rule.

(14) Nothing in this rule gives any medical provider authorization to prescribe medications to a student without the written consent of the student's parent or guardian.

KEY

school nurses, awarding, funds

Date of Enactment or Last Substantive Amendment

March 14, 2018

Authorizing, Implemented, or Interpreted Law

Art X Sec 3; 53A-1-401


Additional Information

Contact

For questions regarding the content or application of rules under Title R277, please contact the promulgating agency (Education, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.