No. 36946 (Amendment): Section R277-108-5. Assurances

(Amendment)

DAR File No.: 36946
Filed: 10/15/2012 02:30:02 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R277-108-5 is amended to remove an outdated requirement and provide a new requirement in which written assurance of compliance is provided consistent with state law.

Summary of the rule or change:

In Subsection R277-108-5A(4), a previous requirement in which assurance of compliance is provided is removed and a new requirement is inserted.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The requirement is for local education agencies to provide written assurance of compliance for all requirements is this rule. A new requirement will now be included.

local governments:

There is no anticipated cost or savings to local government. Local education agencies already provide written assurance of compliance for all requirements in this rule. A new requirement will now be included.

small businesses:

There is no anticipated cost or savings to small businesses. This rule and the amendment apply to a requirement for local education agencies and do not affect businesses.

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

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The additional requirement applies to local education agencies.

Compliance costs for affected persons:

There could be compliance costs for local education agencies not complying with this requirements of this rule. Compliance costs may include interruption of monthly transfers of funds specified for administrative costs under Section 53A-17a-108, interruptions of disbursement of state aid under Subsection 53A-1-401(3), or withholding of specific program funds. Costs are very speculative.

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:

12/03/2012

This rule may become effective on:

12/10/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-108. Annual Assurance of Compliance by Local School Boards.

R277-108-5. Assurances.

A. Each local school board and charter school governing board shall provide, consistent with state law, written assurance of the following:

(1) the National motto is displayed in schools consistent with Section 53A-13-101.4(6);

(2) the Pledge of Allegiance is recited in public schools consistent with Section 53A-13-101.6;

(3) a policy has been developed, in consultation with school personnel, parents, and school community, to provide for effective implementation of student education plans/student education occupation plans (SEPs/SEOPs) consistent with Section 53A-1a-106(2)(b);

(4) [a plan is in place for the expenditure of Interventions for Student Success Block Grant Program funds consistent with Section 53A-17a-123.5]compliance with Section 53A-3-426 in that it does not endorse or provide preferential treatment for any education employee association;

(5) a policy has been developed for Quality Teaching Block Grant Program consistent with Section 53A-17a-124;

(6) a policy has been developed on education association leave consistent with Section 53A-3-425;

(7) each public school within the district has established a community council consistent with Section 53A-1a-108, and the community council members have been advised of their responsibilities consistent with Sections 53A-1a-108 and 53A-1a-108.5;

(8) the local school board has provided the USOE with required Utah Performance Assessment System for Students (U-PASS) test results in order for the USOE to fulfill the requirements of 53A-1-605;

(9) the district does not make payroll deductions from the wages of its employees for political purposes consistent with Section 34-32-1.1(2);

(10) the local school board has implemented a training program for school administrators consistent with Section 53A-3-402(1)(f);

(11) the local school board has an educator evaluation program developed by a joint committee including classroom teachers, parents and administrators consistent with Section 53A-10-103;

(12) the local school board or charter school governing board has presented and implemented an electronic device policy consistent with the timelines and provisions of R277-495;

(13) the school district or charter school has posted collective bargaining agreement(s) on the school district or charter school website within ten days of the ratification or modification of any collective bargaining agreement consistent with Section 53A-3-428; and

(14) by May 15, 2010, the school district or charter school has posted certain public financial information on the school district or charter school website consistent with Sections 63A-3-401 through 63A-3-404.

B. Letters from local school boards assuring compliance with the laws above are due to the State Superintendent of Public Instruction no later than October 1 of each year.

 

KEY: local school boards, compliance

Date of Enactment or Last Substantive Amendment: [August 7, 2009]2012

Notice of Continuation: October 5, 2012

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-6-702; 53A-1-401(3)

 

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