DAR File No.: 31005
Filed: 02/15/2008, 02:44
Received by: NLRULE ANALYSIS
Purpose of the rule or reason for the change:
This rule is amended to provide changes to required dates, add reports, and delete obsolete reports. The amended rule also provides minor wording changes.
Summary of the rule or change:
The amendments include changes to definitions, changes and additions involving required reports, and adjustments to deadlines. References to the Utah Education Association have been deleted.
State statutory or constitutional authorization for this rule:
Subsections 53A-1-401(3) and 53A-1-301(3)(d) and (e)
Anticipated cost or savings to:
the state budget:
There are no anticipated costs or savings to the state budget. Submission of data by LEAs (local education agencies) to the Utah State Office of Education does not cost or save the state money.
local governments:
There are no anticipated costs or savings to local government. LEAs have been required to submit data to the Utah State Office of Education and will continue to do so.
small businesses and persons other than businesses:
There are no anticipated costs or savings to small businesses and persons other than businesses. The rule requires LEAs to submit data and does not involve small businesses or persons other than businesses.
Compliance costs for affected persons:
There are no compliance costs for affected persons. Data will continue to be submitted consistent with the rule as it has in the past.
Comments by the department head on the fiscal impact the rule may have on businesses:
There is no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction
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 84111-3272Direct 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 carol.lear@schools.utah.gov
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:
03/31/2008
This rule may become effective on:
04/07/2008
Authorized by:
Carol Lear, Director, School Law and Legislation
RULE TEXT
R277. Education, Administration.
R277-484. Data Standards.
R277-484-1. Definitions.
A. "Annual Financial Report" means an account of LEA revenue and expenditures by source and fund sufficient to meet the reporting requirements specified in Section 53A-1-301([
2]3)(d)[(i) through (v)] and (e).B. "Annual Program Report" means an account of LEA revenue and expenditures by source and program sufficient to meet the reporting requirements specified in Section 53A-1-301([
2]3)(d)[(i) through (v)] and (e).C. "Board" means the Utah State Board of Education.
D. "Computer Aided Credentials of Teachers in Utah System (CACTUS)" means the database maintained on all licensed Utah educators. The database includes information such as:
(1) personal directory information;
(2) educational background;
(3) endorsements;
(4) employment history;
(5) professional development information;
(6) completion of employee background checks; and
(7) a record of disciplinary action taken against the educator.
E. "Data Clearinghouse File" means the electronic file of student level data submitted by LEAs to the USOE in the layout specified by the USOE.
F. "Data Warehouse" means the database of demographic information, course taking, and test results maintained by the USOE on all students enrolled in Utah schools.
G. "EDEN" means the Education Data Exchange Network, the mechanism by which state education agencies are mandated as of the 200[
6]8-0[7]9 school year to submit data to the U.S. Department of Education.H. "ESEA" means the federal Elementary and Secondary Education Act, also known as the No Child Left Behind Act.
I. "LEA" means local education agency, which may be either a public school district or a charter school.
J. "MSP" means Minimum School Program, the set of state support K-12 public school funding programs.
K. "MST" means Mountain Standard Time.
L. "USOE" means Utah State Office of Education.
M. "Year" means both the school year and the fiscal year for LEAs in Utah, which runs from July 1 through June 30.
N. "YICSIS" means the Youth In Custody Student Information System.
R277-484-2. 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, and by Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities and specifically allows the Board to interrupt disbursements of state aid to any LEA which fails to comply with rules.
B. The Board, through its chief executive officer, the State Superintendent of Public Instruction, is required to perform certain data collection related duties essential to the operation of statewide educational accountability and financial systems as mandated in state and federal law.
C. The purpose of this rule is to support the operation of required educational accountability and financial systems by ensuring timely submission of data by LEAs.
R277-484-3. Deadlines for Data Submission.
LEAs shall submit data to the USOE through the following reports by 5:00 p.m. MST on the date and in the format specified by the USOE:
[
A. January 24 - Adult Education - midyear report for current year.]A. February 28 - Community Development and Renewal Agency and/or Redevelopment Agency Taxing Entity Committee Representative List - Business Services.B. June 15
(1) Immunization Status Report (to Utah Department of Health) - final;
(2) Safe School Incidents Report - for current year.
C. June 29 - CACTUS - final update for current year.
D. [
July 10, beginning with the 2007-08 school year (due July 15 for the 2006-07 school year)]July 15(1) Adult Education - final report for prior year;
([
1]2) Bus Driver Credentials Report - for current year - [Financial and]Business Services;([
2]3) Classified Personnel Report - for prior year - [Financial and]Business Services;([
3]4) Data Clearinghouse File - final comprehensive update for prior year - Data Assessment, and Accountability;([
4]5) Driver Education Report - for prior year - Educator Quality;([
5]6) ESEA Choice and Supplemental Services Report - for prior year;([
6]7) Fee Waivers Report - for prior year;([
7]8) Fire Drill Compliance Statement - for prior year;([
8]9) Home Schooled Students Report - for prior year;([
9]10) Teacher Benefits Report - for prior year;(1[
0]1) Pupil Transportation Statistics - for prior year:(a) Bus Inventory Report;
(b) Year End Pupil Transportation Statistics Reports.
[
E. August 24 - Adult Education - final report for prior year.F]E. September 15[-](1) Membership Audit Report - for prior year[
.];(2) Adult Education - Financial Audit for prior year.
[
G]F. October 1(1) Annual Financial Report (AFR) - for prior year;
(2) Annual Program Report (APR) - for prior year.
[
H]G. October 15(1) Data Clearinghouse File - update as of October 1 for current year.
(2) YICSIS - update as of October 1 for current year.
[
I]H. November 1(1) Data Clearinghouse File - optional revised final comprehensive update for prior year;
(2) Enrollment and Transfer Student Documentation Audit Report - for current year;
(3) Immunization Status Report - for current year;
(4) Pupil Transportation Statistics for state funding:
(a) Schedule A1 (Miles, Minutes, Students Report) - projected for current year;
(b) Schedule B (Miscellaneous Expenditure Report) - for prior year[
.];(5) Negotiations report - for current year.
[
J]I. November 15(1) CACTUS - update for current year; and
(2) Free and Reduced Price Lunch Enrollment Survey - as of October 31 for current year.
[
K]J. November 30 - Financial Audit Report - for prior year.[
L]K. December 15 - Data Clearinghouse File - update as of December 1 for current year.R277-484-4. Adjustments to Deadlines.
A. Deadlines that fall on a weekend[
,] or state holiday[or Utah Education Association convention day] in a given year shall be moved to the date of the first workday after the date specified in Section 3 for that year.B. An LEA may seek an extension of a deadline to ensure continuation of funding and provide more accurate input to allocation formulas by submitting a written request to the USOE. The request shall be received by the USOE State Director of School Finance and Statistics at [
the at]least 24 hours before the specified deadline in Section 3 and include:(1) The reason(s) why the extension is needed;
(2) The signatures of the LEA business administrator and the district superintendent or charter school director; and
(3) The date by which the LEA shall submit the report.
C. In processing the request for the extension, the USOE State Director of School Finance and Statistics shall:
(1) Take into consideration the pattern of LEA compliance with reporting deadlines and the urgency of the use which depends on the data to be submitted, consult with other USOE staff who have knowledge relevant to the situation of the LEA; and either
(2) Approve the request and allow the MSP fund transfer process to continue; or
(3) Recommend denial of the request and forward it the USOE Associate Superintendent for[
Data and] Business Services for a final decision on whether to stop the MSP fund transfer process.D. If, after receiving an extension, the LEA fails to submit the report by the agreed date, the MSP fund transfer process shall be stopped and the procedure described in Section 6 shall apply.
E. Extensions shall apply only to the report(s) and date(s) specified in the request.
F. Exceptions - Deadlines for the following reports may not be extended:
(1) June 29 CACTUS Update;
(2) July [
10]15 Final Data Clearinghouse File - final comprehensive update for prior year [beginning 2007-08 school year and July 15 for 2006-07 school year only]- Data Assessment, and Accountability;[and](3) November 1 error corrected Data Clearinghouse File[
.]; and(4) November 15 CACTUS - update for current year.
R277-484-8. Financial Consequences of Failure to Submit Reports on Time.
A. If an LEA fails to submit a report by its deadline as specified in Section 3, the USOE shall stop the MSP fund transfer process on the day after the deadline, unless the LEA has obtained an extension of the deadline in accordance with the procedure described in Section 7, to the following extent:
(1) 10% of the total monthly MSP transfer amount in the first month, 25% in the second month, and 50% in the third and subsequent months for any report other than June 15 Immunization Status report.
(2) Loss of up to 1.0 WPU from Kindergarten or Grades 1-12 programs, depending on the grade level and aggregate membership of the student, in the current year Mid Year Update for each student whose prior year immunization status was not accounted for in accordance with Utah Code 53A-11-301 as of June 15.
B. If the USOE has stopped the MSP fund transfer process for an LEA, the USOE shall:
(1) upon receipt of a late report from that LEA, restart the transfer process within the month (if the report is submitted by 10:00 a.m. on or before the tenth working day of the month) or in the following month (if the report is submitted after 10:00 a.m. on or after the tenth working day of the month); and
(2) inform the appropriate Board Committee at its next regularly scheduled Committee meeting.
(3) inform the chair of the governing board if LEA staff are not responsive in correcting ongoing problems with data.
KEY: data standards, reports, deadlines
Date of Enactment or Last Substantive Amendment: [
November 7, 2007]2008Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1-301([
2]3)(d) and (e)
Document Information
- Effective Date:
- 4/7/2008
- Publication Date:
- 03/01/2008
- Filed Date:
- 02/15/2008
- Agencies:
- Education,Administration
- Rulemaking Authority:
Subsections 53A-1-401(3) and 53A-1-301(3)(d) and (e)
- Authorized By:
- Carol Lear, Director, School Law and Legislation
- DAR File No.:
- 31005
- Related Chapter/Rule NO.: (1)
- R277-484. Data Standards, Deadlines and Procedures.