No. 42480 (New Rule): Rule R277-415. School Nurses Matching Funds

(New Rule)

DAR File No.: 42480
Filed: 01/16/2018 04:29:43 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-415 is a new rule to provide rules for awarding of matching funds under Section 53A-17a-154.

Summary of the rule or change:

The proposed Rule R277-415 puts matching funds for school nurses program into Board rule. Enacting this rule may cause a redistribution among local education agencies (LEAs) of some of the grant funds since the rule is enacting criteria on the award. This rule outlines what matching funds may be used for, but these uses appear to include the categories of expenditures LEAs are utilizing currently for school nurses as detailed in the Annual Program Report on Restricted State and Federal Funds.

Statutory or constitutional authorization for this rule:

• Section 53A-17a-154
• Section 53A-1-401
• Art X Sec 3

Anticipated cost or savings to:

the state budget:

It is possible that under this proposed rule, some LEAs will receive less funding and some will receive more funding than in previous years. However, the magnitude of this impact cannot be quantified. Matching funds for school nurses are awarded through an application process so it is difficult to know how this rule may impact LEAs decisions to apply for the grant.

local governments:

It is possible that under this proposed rule, some LEAs will receive less funding and some will receive more funding than in previous years. However, the magnitude of this impact cannot be quantified. Matching funds for school nurses are awarded through an application process so it is difficult to know how this rule may impact LEAs decisions to apply for the grant.

small businesses:

It is possible that under this proposed rule, some LEAs will receive less funding and some will receive more funding than in previous years. However, the magnitude of this impact cannot be quantified. Matching funds for school nurses are awarded through an application process so it is difficult to know how this rule may impact LEAs decisions to apply for the grant.

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

It is possible that under this proposed rule, some LEAs will receive less funding and some will receive more funding than in previous years. However, the magnitude of this impact cannot be quantified. Matching funds for school nurses are awarded through an application process so it is difficult to know how this rule may impact LEAs decisions to apply for the grant.

Compliance costs for affected persons:

There are no compliance cost for affected persons.

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

The proposed new Rule R277-415 puts matching funds for school nurses program into Board rule. Enacting this rule may cause a redistribution among LEAs of some of the grant funds since the rule is enacting criteria on the award. This rule outlines what matching funds may be used for, but these uses appear to include the categories of expenditures LEAs are utilizing currently for school nurses as detailed in the Annual Program Report on Restricted State and Federal Funds. It is possible that under this proposed rule, some LEAS will receive less funding and some will receive more funding than in previous years. However, the magnitude of this impact cannot be quantified. There is currently variation in how much of the matching fund LEAs receive year to year. Matching funds for school nurses are awarded through an application process so it is difficult to know how the rule change may impact LEAs decisions to apply for the grant.

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:

03/05/2018

This rule may become effective on:

03/12/2018

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

The head of the Utah State Board of Education, Sydnee Dickson, has reviewed and approved this fiscal analysis.

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Fiscal Impact Analysis

 

This rule change puts the matching funds for school nurses program into Board rule. Enacting this rule may cause a redistribution among local education agencies (LEAs) of some of the grant funds since the rule is enacting criteria on the award.The rule outlines what matching funds may be used for, but these uses appear to include the categories of expenditures LEAs are utilizing currently for school nurses as detailed in the Annual Program Report on Restricted State and Federal Funds. It's possible that under this rule change, some LEAs will receive less funding and some will receive more funding than in previous years. However, the magnitude of this impact cannot be quantified. There is currently variation in how much of the matching fund LEAs receive year to year. Matching funds for school nurses are awarded through an application process so it is difficult to know how the rule change may impact LEA decisions to apply for the grant.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

R277-415. School Nurses Matching Funds.

R277-415-1. Authority and Purpose.

(1) This rule is authorized by:

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

(b) 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; and

(c) Section 53A-17a-154, which requires the Board to distribute grant money to LEAs for school nurses.

(2) The purpose of this rule is to provide rules for awarding of matching funds under Section 53A-17a-154.

 

R277-415-2. Definitions.

(1) "Advanced Practice Registered Nurse" or "APRN" is a nurse practitioner who may practice as a school nurse, or in a supervisory role.

(2) "Health aid or clerk" means an unlicensed assistive person who must work under the supervision of an RN.

(3) "Licensed Practical Nurse" or "LPN" means a nurse who may only assist or work under the supervision of a registered nurse or a medical doctor.

(4) "Physician" means a licensed doctor with a doctorate in medicine or osteopathic medicine from an accredited college or university.

(5) "Registered nurse" or "RN" is a licensed practicing nurse with a degree in nursing from an accredited college or university.

(6) "Typical school nurse" means a licensed RN specializing in school nursing that serves as a health care expert in a school.

 

R277-415-3. Appropriation for School Nurses.

(1) The Superintendent shall award an appropriation for school nurses to LEAs subject to the requirements of this Rule R277-415 and Section 53A-17a-154.

(2) An LEA that seeks an appropriation for school nurses under this Rule shall submit an application for school nurse funds annually.

(3) The Superintendent shall determine the amount of an LEA's allocation taking into account:

(a) an LEA's student enrollment;

(b) an LEA's ability to match funds as provided in this Section R277-415-3;

(c) the percentage of change to an LEA's school nursing staff since state fiscal year 2007; and

(d) the annual allocation of funds towards the school nursing program by the Legislature.

(4) An LEA shall provide a dollar for dollar match for an appropriation for school nurses awarded in accordance with this rule.

(5) An LEA shall provide a physician or APRN consultant to provide oversight to the LEA's school nursing program.

(6) Beginning with the 2018-19 school year, an LEA may use matching funds for paid personnel costs of:

(a) a typical school nurse;

(b) a registered professional nurse; or

(c) a licensed medical physician.

(7) Beginning with the 2018-19 school year, an LEA may not use matching funds for:

(a) an LPN;

(b) a special education school nurse;

(c) a pre-school school nurse;

(d) a health aid or clerk;

(e) a certified nurse assistant;

(f) office space; or

(g) medical supplies.

(8) An LEA may not count a school nurse as a full FTE at one school and a partial FTE at another school.

(9) An LEA shall provide documentation to the Superintendent to ensure that an appropriation for school nurses received does not supplant previous school nursing costs, including the LEA's:

(a) funding amounts and sources of funding for school nurses employed prior to state fiscal year 2008;

(b) funding amounts and sources of funding for current school nurses;

(c) current personnel cost information; and

(d) names and license numbers of employed school nurses.

(10) An LEA shall provide names and license numbers of the LEA's school nurses, including new hires, and overseeing consultants to the Superintendent by November 30 annually.

(11)(a) An LEA may provide an in-kind service match to qualify for state funds under this rule.

(b) An in-kind match under Subsection (11)(a) may include:

(i) a collaborative agreement with a local health department supported by an executed memorandum of understanding or contract, which shall include an hourly rate attributable to the services provided;

(ii) volunteer hours by a registered professional nurse valued at any hourly market rate approved by the Superintendent;

(iii) volunteer hours by a licensed medical physician valued at an hourly market rate approved by the Superintendent;

(iv) funds paid by a local health department towards school nurse personnel costs; and

(v) funds paid by any other outside source towards school nurse personnel costs.

(12) The Superintendent may require an LEA receiving an appropriation for school nurses to:

(a) submit reports to the Superintendent and Utah Department of Health regarding the LEA's school nursing activities; and

(b) participate in standardized data collection as established by the Utah Department of Health, including the annual school health workload census.

(13) An LEA that fails to meet its matching obligations shall reimburse any state funds awarded in accordance with this rule.

(14) Nothing in this rule gives any medical provider authorization to prescribe medications to a student without the written consent of the student's parent or guardian.

 

KEY: school nurses, awarding, funds

Date of Enactment or Last Substantive Amendment: 2018

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

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