R277.  Education, Administration.
R277-115.  LEA Supervision and Monitoring Requirements of Third Party Providers and Contracts.
R277-115-1.  Authority and Purpose.
	(1)  This rule is authorized by:
	(a)  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
	(b)  Subsection 53E-3-401(10), which allows the Board to require an LEA to require in a contract with a third party provider that the third party provider shall provide, upon request of the LEA, information necessary for the LEA to verify that the educational good or service complies with:
	(i)  Titles 53E, 53F, and 53G; and
	(ii)  Board rule.
	(2)  The purpose of this rule is:
	(a)  to provide standards for an LEA working with a third party provider to ensure the third party provider complies with applicable law.

R277-115-2.  Definitions.
	(1)  "Educational good or service" means the same as that term is defined in Section 53E-3-401.
	(2)  "Third party provider" means a third party who provides an educational good or service on behalf of an LEA.

R277-115-3.  Third Party Provider Provision of Services.
	(1)  An LEA that contracts with a third party provider to provide an educational good or service on behalf of the LEA shall:
	(a)  require in the LEA's contract with a third party provider that the third party provider shall provide, upon request of the LEA, information necessary for the LEA to verify that the educational good or service complies with:
	(i)  Titles 53E, 53F, and 53G; and
	(ii)  Board rule;
	(b)  establish monitoring and compliance procedures to ensure that a third party provider who provides educational services to a student on behalf of the LEA complies with the provisions of this rule;
	(c)  develop a written monitoring plan to supervise the educational good or service provided by the third party provider;
	(d)  ensure the third party provider is complying with:
	(i)  federal law;
	(ii)  state law; and
	(iii)  Board rules;
	(e)  monitor and supervise all activities of the third party provider related to the educational good or service provided by the third party provider to the LEA; and
	(f)  maintain documentation of the LEA's supervisory activities consistent with the LEA's administrative records retention schedule.
	(2)  An LEA shall:
	(a)  verify the accuracy and validity of a student's enrollment verification data, prior to enrolling a student in the LEA; and
	(b)  provide a student and the student's parent or guardian with notification of the student's enrollment in a school or program within the LEA.
	(3)  The Board or the Superintendent may require an LEA to repay public funds to the Superintendent if:
	(a)  the LEA fails to comply with the provisions of this rule; and
	(b)  the repayment is made in accordance with the procedures established in R277-114.

KEY:  third party providers, contracts, monitoring
Date of Enactment or Last Substantive Amendment:  May 23, 2019
Authorizing, and Implemented or Interpreted Law:  Art X Sec 3; 53E-3-401(4) and (10)