No. 38302 (Amendment): Rule R277-526. Paraeducator to Teacher Scholarship Program

(Amendment)

DAR File No.: 38302
Filed: 02/13/2014 12:43:10 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-528 is amended to provide clarification about local education agency (LEA) and Utah State Board of Education (USBE) responsibilities, and scholarship recipient eligibility.

Summary of the rule or change:

Definitions are added and revised, LEA and USBE responsibilities are updated, and scholarship recipient eligibility is updated and clarified.

State statutory or constitutional authorization for this rule:

• Subsection 53A-6-802(8)
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

The amendments to this rule add and update definitions, update LEA and USBE responsibilities, and update and clarify scholarship recipient eligibility which likely will not result in a cost or savings to the state budget.

local governments:

The amendments to this rule add and update definitions, update LEA and USBE responsibilities, and update and clarify scholarship recipient eligibility which likely will not result in a cost or savings to local government.

small businesses:

The amendments to this rule add and update definitions, update LEA and USBE responsibilities, and update and clarify scholarship recipient eligibility 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 to this rule add and update definitions, update LEA and USBE responsibilities, and update and clarify scholarship recipient eligibility 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 to this rule add and update definitions, update LEA and USBE responsibilities, and update and clarify scholarship recipient eligibility which likely will not result in any compliance costs.

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

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Martell Menlove, 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:

03/31/2014

This rule may become effective on:

04/07/2014

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-526. Paraeducator to Teacher Scholarship Program.

R277-526-1. Definitions.

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

B. "LEA" means a local education agency, including local school boards/public school districts, charter schools, and, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

[B]C. "Paraeducator" for purposes of this rule means a school employee who:

(1) delivers instruction under the direct supervision of a teacher; and

(2) works in an area where there is a shortage of qualified teachers, such as special education, Title I, English as a Second Language, reading remediation, math, or science.

[C]D. "Paraeducator Scholarship Selection Committee (Committee)" means the committee established by the Board to select scholarship recipients.

[D]E. "Scholarship" for purposes of this rule means funds provided by the Board directly to a [paraeducator]Utah institution of higher education on behalf of the paraeducator to pay only for the actual and documented costs for tuition toward an associate's or a bachelor's degree program to become a licensed teacher.

[E]F. "USOE" means the Utah State Office of Education.

 

R277-526-2. 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, Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities, and Section 53A-6-802(8) which requires the Board to make rules to administer the Paraeducator to Teacher Scholarship Program.

B. The purpose of this rule is to distribute funds to paraeducators seeking to become licensed educators and to establish application and accountability procedures to provide funding to prospective educators directly and fairly.

 

R277-526-3. Scholarship Amounts and Requirements.

A. A paraeducator stipend awarded under this rule shall be used solely and completely for expenses approved by Section 53A-6-802 and this rule annually between July 1[, 2008] and the following June 30[, 2009].

B. A scholarship recipient shall remain continuously employed, consistent with the employment agreement and Section 53A-6-802(7).

C. A scholarship recipient shall provide documentation of progress toward graduation, as requested by the employer or the Board.

D. A scholarship recipient who does not remain employed for the duration of the scholarship period or who does not satisfactorily complete funded courses may be responsible to reimburse the Board for the amount of scholarship funding.

E. The Committee shall determine funding for applicants from applications received from [school districts and charter schools]LEAs after considering the number of applications received and the amount of funding available.

F. The Committee may develop and consider selection criteria including:

(1) support from the recommending [school districts/charter schools]LEA; and

(2) geographical distribution of recipients.

 

R277-526-4. Applicant Scholarships Recipient and [School District/Charter School]LEA Responsibilities.

A. Scholarship recipients shall be employed for a minimum of 10 hours per week by a public [school district or charter school]LEA at the time of application for the Paraeducator Scholarship [or during the 2008-09 school year]and during any year in which the paraeducator receives the scholarship.

B. Scholarship applicants shall submit completed applications found on the USOE website[ or available from the USOE in person or by mail] to their employers[ no later than June 15, 2008].

C. Applicants shall provide university transcripts and information about tuition expenses only on the completed application based on the most recent information available from the Utah institution of higher education to which the applicant has either been admitted or made application.

D. [School districts and charter schools]LEAs shall [rank completed applications of qualified paraeducators within the school district or charter school in priority order and ]submit all applications to the USOE on or before [July 1, 2008]May 15 annually.

E. Scholarship recipients and [school districts/charter schools]LEAs whose employees receive funding under this program shall cooperate on any assessment required by the Board.

 

R277-526-5. State Board of Education Staff/Committee Responsibilities.

A. The Board shall establish a Paraeducator Scholarship Selection Committee and working procedures for the Committee consistent with 53A 6-802(4) by May 15, 2008.

B. The Committee shall consist of:

(1) one Board member designated by the Board;

(2) one representative of the Board of Regents designated by the Board of Regents;

(3) one representative of the largest parent/teacher association in the state;

(4) no more than two additional representatives of the general public designated by the Board consistent with Section 53A-6-802(4).

C. The Committee shall receive completed[ and ranked] applications from [school districts and charter schools]LEAs consistent with R277-526-4.

[D. The Committee shall identify recipients for funding based on criteria of Section 53A-6-802 (4)(d).

][E]D. The Committee shall provide names of scholarship recipients to the Board for review and comment by August 1, annually.

[F]E. The Committee or the Board may require a summary assessment of the increased number of paraeducators who become educators and other program results from participating scholarship recipients[, school districts, and charter schools] and LEAs.

 

KEY: paraeducators, scholarships

Date of Enactment or Last Substantive Amendment: [August 7, 2008]2014

Notice of Continuation: August 2, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-6-802(8)

 

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