No. 40788 (Amendment): Rule R277-109. Legislative Reporting and Accountability

(Amendment)

DAR File No.: 40788
Filed: 09/15/2016 04:38:33 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-109 is amended to provide technical and conforming changes consistent with the Utah Administrative Rulemaking Act and the Rulewriting Manual for Utah.

Summary of the rule or change:

The amendments to Rule R277-109 provide technical and conforming changes, which includes renumbering.

Statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(1)(a)
• Art X, Sec 3
• Subsection 53A-1-402(1)
• Section 53A-1-401

Anticipated cost or savings to:

the state budget:

The amendments provide technical and conforming changes, which likely will not result in a cost or savings to the state budget.

local governments:

The amendments provide technical and conforming changes, which likely will not result in a cost or savings to local government.

small businesses:

The amendments provide technical and conforming changes, which likely will not result in a cost or savings to small businesses.

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

The amendments provide technical and conforming changes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The amendments provide technical and conforming changes, which likely will not result in any compliance costs for affected persons.

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

To the best of my knowledge, there should be no fiscal impact on businesses as a result of the amendments to this rule.

Sydnee Dickson, State Superintendent

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

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

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7656, 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:

10/31/2016

This rule may become effective on:

11/07/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-109. Legislative Reporting and Accountability.

R277-109-[2]1 . Authority and Purpose.

[A.](1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision [of the]over public education [system ]in the Board[, by];

(b) Subsection 53A-1-402(1) , which directs the Board to establish rules and minimum standards for the public schools[, by];

(c) Subsection 53A-1-401(1)(a) , which gives the Board general control and supervision of the state's public education system for adoption and enforcement of rules[, by];

(d) Section 53A-1-401[(3)], which allows the Board to [adopt]make rules [in accordance with its]to execute the Boards duties and responsibilities under the Utah [c]Constitution and state law[s], and allows the Board to interrupt disbursements of state aid to any district which fails to comply with rules adopted in accordance with Section 53A-1-401[(3)].

[B.](2) The purpose of this rule is to:

(a) require the Superintendent to create data collection plans necessary as determined by the Superintendent to fulfill statutory or Board reporting requirements; and

(b) [to ]require LEAs to submit data upon request to the Superintendent.

(3) The rule provides that LEA participation in Minimum School Program funding is conditioned upon LEAs providing complete and accurate data and information to the Superintendent and the Board.

 

R277-109-[1]2 . Definitions.

[A. "Board" means the Utah State Board of Education.

B. "LEA" means school districts, charter schools and other public education entities over which the Board has state constitutional authority.]

[D.](1) "Minimum school program funds " or [(]"MSP funds[)]" means the[ total of] state and local funds appropriated for the Minimum School Program to support educational activities in all grades Kindergarten through 12th grade, including the Basic State-Supported School Program, Related to Basic Program, the State-Supported Voted and Board Leeway Levy Programs, and other programs or allocations appropriated by the Legislature in [53A-17a, the]Title 53A, Chapter 17a, Minimum School Program Act.

[C.](2) "[Legislative statute or directive]Statutory or Board reporting requirement" means a [statute]reporting requirement as described in :

(a) the Utah Code or legislative intent as documented by legislative records[.]; or

(b) Board rule.

[E. "Superintendent" means the State Superintendent of Public Instruction who is directed to administer all programs assigned to the Board under Section 53A-1-301(1)(c).]

 

R277-109-3. [ State ]Board [ of Education ]Direction to[ State ] Superintendent and LEA Appeal Process.

[A.](1) The [Board expects the ]Superintendent shall, in consultation with LEAs,[ to] collect data [or]and prepare data collection reports or plans, as the Board directs or as the Superintendent deems necessary, to fulfill statutory or Board reporting requirements.

[B.](2) The Superintendent is authorized by the Board to assist LEAs to fulfill reporting requests and to complete accountability or reporting plans.

(3) The Superintendent['s authority extends to] may sanction[ing] an LEA[s], if necessary, [for failure]if the LEA fails to provide required data or reports[, up to and including,] by withholding MSP funds [for an]due to the LEA's failure to provide complete and accurate data or reports as requested.

[C.](4) The Superintendent[or USOE staff, as authorized by the Superintendent,] shall provide adequate notice to LEAs of reporting requirements and procedures for providing data in requested formats.

[D.](5) If an LEA does not comply with a data program request or requirement, the Superintendent shall provide adequate and timely notice to the LEA that data was not submitted accurately and completely and LEA has 30 days to respond to the Superintendent's request for data or a required data report.

[E.](6) The Superintendent may impose sanctions for noncompliance up to and including the withholding of MSP funds directly related to the data collection or reporting requirement.

(7) The Superintendent may withhold the program funds related to the requested data report or reporting requirement beginning with the next MSP transfer or beginning with subsequent MSP transfers including MSP funding for a subsequent fiscal year.

[F.](8) An LEA may appeal to the Board in writing the [s]Superintendent's decision to withhold program funds within 10 calendar days.

[G.](9) The Board shall respond to the LEA within 30 calendar days.

[H.](10) The Board's response is the final administrative action.

 

KEY: reporting, accountability

Date of Enactment or Last Substantive Amendment: [October 11, 2011]2016

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1); 53A-1-401(1)(a); 53A-1-401[(3)]

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