No. 42119 (Amendment): Rule R277-426. Definition of Private and Non-Profit Schools for Federal Program Services

(Amendment)

DAR File No.: 42119
Filed: 09/15/2017 08:52:04 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Following a five-year review, the Utah State Board of Education determined that Rule R277-426 continued to be necessary so it was continued. The rule is amended to provide necessary technical and conforming changes to bring the rule into compliance with the Rulewriting Manual for Utah.

Summary of the rule or change:

The amendments to this rule provide technical and conforming changes that include changes to numbering, references, and terminology.

Statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The amendments to Rule R277-426 provide technical and conforming changes which will likely not result in a cost or savings to the state budget.

local governments:

The amendments to Rule R277-426 provide technical and conforming changes which will likely not result in a cost or savings to local governments.

small businesses:

The amendments to Rule R277-426 provide technical and conforming changes which will likely not result in a cost or savings to small businesses.

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

The amendments to Rule R277-426 provide technical and conforming changes which will likely 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 to Rule R277-426 provide technical and conforming changes which will likely not result in any compliance costs for affected persons.

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

After conducting a thorough analysis, it was determined that the amendments to this rule will not result in a fiscal impact to businesses.

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:

10/31/2017

This rule may become effective on:

11/07/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-426. Definition of Private and Non-Profit Schools for Federal Program Services.

[R277-426-1. Definitions.

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

R277-426-[2]1. Authority and Purpose.

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

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

(b) Subsection 53A-1-402(3) , which allows the Board to administer federal funds and to distribute them to eligible applicants[,]; and[Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.]

(c) 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.

[B.](2) The purpose of this rule is to define requirements that private, non-public, and non-profit schools must meet in conjunction with federal program criteria to receive services under federal laws requiring the public education system to serve students in these schools.

 

R277-426-2. Definitions.

(1) "Data Universal Numbering System Number" or "DUNS Number" means a unique numeric identifier assigned to a single business entity by Dun and Bradstreet.

(2) "Exempt Organization Determination Letter" means a letter issued by the Internal Revenue Service, which verifies that an organization is a qualified tax-exempt entity.

 

R277-426-3. Qualifications.

For the purposes of receiving services under federal programs[which permit such]:

[A.](1) "Private or non-public school" means a school which:

([1]a) is owned and operated by :

(i) an individual[,];

(ii) a religious institution[,];

(iii) a partnership[,]; or

(iv) a corporation other than the State, a subdivision of the State, or [by ]the Federal government;

([2]b) is supported primarily by [other than]non-public funds;

([3]c) vests the operation and determination of its program with other than publicly-elected or appointed officials;

([4]d) teaches the required subjects on each grade level as designated by the Board for the same length of time as students must be taught in the public schools;

([5]e) is properly licensed if so required by the appropriate governmental jurisdiction;

([6]f) complies with any state and local ordinances and codes pertaining to the operation of that type of facility or institution; and [

(7) is not a charter school.]

(g) possesses a DUNS number.

[B.](2) "Non-profit school" means a school which:

([1]a) is not a part of the public school system;

([2]b) is operated with no intention of making a profit;

([3]c) does not [exist to]primarily provide educational services to students enrolled in for profit residential programs;

([4]d) possesses:

(i) a State of Utah [T]tax [E]exemption number; [and]

(ii) a DUNS number;

(iii) a United States Internal Revenue Service Employer Identification Number[(EIN)]; and

(iv) a favorable Exempt Organization Determination Letter;

([5]e) teaches the required subjects on each grade level as designated by the Board for the same length of time as students must be taught in the public schools if required by the federal program;

([6]f) is properly licensed if so required by the appropriate governmental jurisdiction; and

([7]g) complies with any state [and]or local [ordinances and codes]legal requirements pertaining to the operation of that type facility or institution.

 

KEY: education finance, private schools

Date of Enactment or Last Substantive Amendment: [February 7, 2012]2017

Notice of Continuation: September 13, 2017

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

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