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 R277-485. Loss of Enrollment.

As in effect on October 1, 2019

Table of Contents

R277-485-1. 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-2-207, which allows the Board to increase funds for a school district in order to avoid penalizing it for an excessive loss in student enrollment due to factors beyond its control.

(2) The purpose of this rule is to establish guidelines for funding under Section 53F-2-207.

R277-485-2. Definitions.

(1) "ADM" means average daily membership derived from end-of-year data.

(2) "Carryforward balance" means the unobligated amount of MSP basic program education funds from the previous fiscal year.

(3) "Historical Mean ADM" means the mean of the two highest ADMs in the three years preceding the prior year.

(4) "Local Effort" means the prior year sum of tax rates imposed by the local school board.

(5) "Lost ADM" means the difference between prior year ADM and Historical Mean ADM.

(6) "Mid-year update" means the annual Minimum School Program allocation report prepared by the Superintendent by January 1 annually.

(7) "Minimum School Program" or "MSP" means the state supported Minimum School Program as defined in Title 53F, Chapter 2.

(8) "Weighted Pupil Unit" or "WPU" means the unit of measure of factors that is computed in accordance with the MSP for the purpose of determining the costs of a program on a uniform basis for each district.

R277-485-3. Eligibility.

(1) A school district may receive funding under this rule if the district's lost ADM is at least four percent less than the district's historical mean ADM.

(2) A school district that seeks funding under this rule shall file a petition with the Superintendent no later than September 15 that demonstrates that a loss of enrollment occurred due to unpredictable factors beyond the district's control.

(3) The Superintendent shall refer a petition filed in accordance with Subsection (2) to the Finance Committee to review and make a recommendation to the Board.

(4) A charter school may not receive funding under this rule.

R277-485-4. Funding.

(1) The Superintendent shall allocate funding to an eligible district under Subsection R277-485-3(1) using the unencumbered MSP carryforward balance.

(2) The Superintendent may only award funds to a district under this rule after all other authorized uses of the carryforward balance have been carried out.

(3) The total amount of funds made available for distribution shall be equal to the lesser of:

(a) the sum of lost ADM in eligible districts multiplied by 25 percent of the current year value of the WPU; or

(b) 25 percent of the current unencumbered MSP carryforward balance.

(4) The Superintendent shall distribute available funds in proportion to lost ADM (90 percent) and prior year local effort (10 percent) among eligible districts.

(5) The Superintendent may not fund an eligible district if there are not any current year unencumbered MSP funds.

(6) The Superintendent shall distribute funds annually in one lump sum with the mid-year update of the current year MSP.

KEY

students, enrollment

Date of Enactment or Last Substantive Amendment

August 7, 2017

Notice of Continuation

June 6, 2017

Authorizing, Implemented, or Interpreted Law

Art X Sec 3; 53E-3-401(4); 53F-2-207


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.