No. 43511 (Repeal): Rule R277-117. Utah State Board of Education Protected Documents

(Repeal)

DAR File No.: 43511
Filed: 02/08/2019 04:54:35 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah State Board of Education (Board) Rule R277-117 is being repealed because this rule no longer serves a purpose under the new procurement structure of the Board.

Summary of the rule or change:

Rule R277-122 fulfills the purpose of Rule R277-117 under the new procurement code and structure, therefore, Rule R277-117 is being repealed in its entirety. Rule R277-122 is created to protect the integrity of proposal or bidding processes in order to provide fair and equal opportunities for vendors and service providers.

Statutory or constitutional authorization for this rule:

• Article X Section 3
• Subsection 53E-3-501(1)(c)(iv)
• Subsection 53E-3-501(1)(c)(iii)

Anticipated cost or savings to:

the state budget:

This rule repeal is not expected to have any fiscal impact on state government revenues or expenditures because this rule no longer serves a purpose under the new procurement structure of the Board. Rule R277-122 fulfills the purpose of this rule under the new procurement code and structure.

local governments:

This rule repeal is not expected to have any material impact on local governments' revenues or expenditures because this rule no longer serves a purpose under the new procurement structure of the Board. Rule R277-122 fulfills the purpose of this rule under the new procurement code and structure.

small businesses:

This rule repeal is not expected to have any material fiscal impact on small businesses' revenues or expenditures because this rule no longer serves a purpose under the new procurement structure of the Board. Rule R277-122 fulfills the purpose of this rule under the new procurement code and structure.

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

This rule repeal is not expected to have any material fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because this rule no longer serves a purpose under the new procurement structure of the Board. Rule R277-122 fulfills the purpose of this rule under the new procurement code and structure.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

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 801-538-7550, 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:

04/01/2019

This rule may become effective on:

04/08/2019

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

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

 

*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 in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). This rule repeal has no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses.

 

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.

[R277-117. Utah State Board of Education Protected Documents.

R277-117-1. Definitions.

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

B. "Request for proposal or RFP" means an official application or offer for services provided to the Board/USOE in response to an advertised opportunity to provide goods or services.

C. "RFP-like document" means a grant application or a proposal of any kind offered in response to a Board request for applicants to provide goods or services to public education.

D. "USOE" means the Utah State Office of Education.

 

R277-117-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and authority over public education in the Board, by Subsection 53E-3-501(1)(c)(iii), which requires the Board to set minimum standards for alternative and pilot programs, Subsection 53E-3-501(1)(c)(iv) which requires the Board to set minimum standards for curriculum and instruction requirements, Subsection 53E-3-501(e)(i), which requires the Board to set minimum standards for school productivity and cost effectiveness measures, Subsection 63G-2-305(6) which allows the Board to protect records if the disclosure would impair government procurement proceedings or give an unfair advantage to any person proposing to enter into a contract or agreement with a governmental entity consistent with other provisions of Section 63G-2-305 and Section 63G-2-309, and by Subsection 53E-3-401(4) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purposes of this rule:

(1) is to maintain fairness, objectivity, efficiency and timeliness, as the Board fulfills constitutional and statutory directives to and responsibilities for Utah public schools and public school programs.

(2) to protect the integrity of proposal or bidding processes in order to provide fair and equal opportunities for vendors and service providers.

 

R277-117-3. Board Procedures in Preparing and Releasing RFP and RFP-like Proposals or Grants.

A. The Board or USOE staff acting for the Board shall act consistent with Section 63G-6a-101 et seq. in advertising and soliciting services for Utah public schools unless the Board is specifically exempt from the procurement process in which case the Board shall continue to protect the integrity of a competitive process with the provisions of this rule.

B. The Board shall develop RFPs or RFP-like requests using the plain language of state statute(s) or federal regulation(s) that directs the Board to seek competitive or non-competitive applications or proposals for services that are funded through a public education appropriation to the Board.

C. The USOE, acting for the Board, shall use legislative intent to develop RFPs or RFP-like requests only when legislative intent is specifically written in state law, is passed by the State Legislature and is specific to the RFP in development.

D. The Board may request written information from legislators or legislative staff to explain the intent of individual bill sponsors; all written information received under R277-117-3 shall be public information.

E. Board members or USOE staff may seek at the Board's or staff's sole discretion, additional information and expertise to facilitate the development of an RFP. All information gathered under this provision shall be public information, including the source of the information, unless the records are specifically protected under Section 63G-2-305.

F. The Board may allow for public comment at Board meetings or Board committee meetings to discuss the legislative intent for RFPs.

 

R277-117-4. Confidentiality of RFP and RFP-like Proposals or Grants Prior to Release by the USOE.

A. The RFP or RFP-like proposal shall be a protected document under Subsection 63G-2-305(22) until the proposal is released by the USOE or a commercial distributor of an RFP specifically commissioned by the USOE.

B. USOE staff shall stamp or mark all draft RFP documents DRAFT until the final version of an RFP or RFP-like document is officially released for public review and response.

C. If an RFP process for which the Board is responsible is compromised, as determined by a vote of the Board if necessary, the proposal shall be void and the USOE shall begin a new RFP process.

D. A USOE employee who intentionally violates the provisions of this rule may be subject to employment discipline up to and including termination.

 

KEY: RFPs, grants, confidentiality

Date of Enactment or Last Substantive Amendment: April 7, 2014

Notice of Continuation: February 13, 2014

Authorizing, and Implemented or Interpreted Law: 53E-3-501(1)(c)(iii); 53E-3-501(1)(c)(iv); 53E-3-501(e)(i); 53E-3-401(4) ]

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