No. 35245 (New Rule): Rule R277-603. Autism Awareness Restricted Account Distribution

(New Rule)

DAR File No.: 35245
Filed: 09/15/2011 06:25:38 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new rule provides procedures for distributing funds from the Autism Awareness Restricted Account to organizations eligible under Section 53A-1-304.

Summary of the rule or change:

This new rule provides definitions, procedures, timelines, and accountability for distribution of funds received in the Autism Awareness Restricted Account.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Section 53A-1-304

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Qualified organizations may apply for and receive funding from the Autism Awareness Restricted Account to the extent of the legislative appropriation.

local governments:

There are no anticipated costs or savings to local government. This rule applies to qualifying entities and does not affect local government.

small businesses:

There are no anticipated costs or savings to the state budget. This rule applies to qualifying entities and does not affect businesses.

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

There are no anticipated costs or savings to the state budget. Qualifying entities may apply for and receive funding from the Autism Awareness Restricted Account to the extent of the legislative appropriation.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Qualifying entities may apply for and receive funding from the Autism Awareness Restricted Account to the extent of the legislative appropriation.

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

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

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

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

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:

10/31/2011

This rule may become effective on:

11/07/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-603. Autism Awareness Restricted Account Distribution.

R277-603-1. Definitions.

A. "Autism Awareness Account" means the account established under Section 53A-1-304 and funded under Section 41-1a-418 (1)(d)(xiv).

B. "Board" means the Utah State Board of Education.

C. "Distribute funds," for purposes of this rule, means a process, including timelines and a standard application, to eligible organizations.

D. "Superintendent" means the State Superintendent of Public Instruction or the Superintendent's designee;

E. "USOE" means the Utah State Office of Education.

 

R277-603-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, by Section 53A-1-304 which authorizes the Superintendent to distribute autism awareness funds appropriated by the Legislature, and by Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to provide procedures, timelines and accountability for distribution of funds received in the Autism Awareness Restricted Account and subsequently appropriated by the Legislature to eligible organizations.

 

R277-603-3. Procedures.

A. The Superintendent shall provide an application for organizations that meet the qualifications of Section 53A-1-304(4) to apply for available Autism Awareness Account funds to the extent of the legislative appropriation.

B. The Superintendent shall provide for review of applications and selection of qualified recipients.

C. Applications shall include a budget section, a plan for use of the funds by eligible organizations consistent with Section 53A-1-304(5)(b) and other information as requested.

D. The Superintendent shall provide for distribution of funds, to the extent of funds appropriated by the Legislature, beginning, July 1, 2011.

 

R277-603-4. Timelines.

A. The Superintendent shall announce the availability of funds at least annually, by March 15 of each year.

B. Applicants may apply for funds on forms available from the USOE.

C. Applications shall be due June 5 annually.

D. Applicants identified for funding shall be notified no later than July 1 annually.

E. The USOE shall distribute funds annually in July.

F. For FY 2012, following the Board's approval of R277-603, applications shall be available, reviewed, and funds distributed as soon as possible.

 

R277-603-5. Accountability.

A. The Superintendent shall require funded organizations to complete a year-end report explaining and documenting the use of funds consistent with the law and this rule.

B. The year-end report may require an independent audit or review of a funded program.

 

KEY: autism awareness, restricted account

Date of Enactment or Last Substantive Amendment: 2011

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-304; 53A-1-401(3)

 

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