No. 26979 (Amendment): R277-444. Distribution of Funds to Arts and Sciences Organizations

DAR File No.: 26979
Filed: 03/01/2004, 08:38
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to eliminate Subsection R277-444-3(B) that is no longer necessary at this time, to clarify definitions of arts and science organizations, and appropriately reorganize the language of the rule. This rule will need to be amended again based on changes made during the 2004 Legislative General Session.

 

Summary of the rule or change:

The amendments to the rule clarify definitions, and change eligibility, application and funding to be consistent with state law and intent.

 

State statutory or constitutional authorization for this rule:

Section 53A-1-401(3)

 

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to state budget. The amendments simply change the procedures for distribution of funds to arts and science organizations.

 

local governments:

There are no anticipated costs or savings to local government. There is no significant costs or savings in receiving money through the previous Request for Proposals (RFP) process or through the process directed by the 2003 Legislature.

 

other persons:

There are no anticipated costs or savings to other persons. The funds are provided to organizations.

 

Compliance costs for affected persons:

There are no compliance costs for affected persons. The funds are provided to organizations.

 

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. Steven O. Laing

 

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:

04/14/2004

 

This rule may become effective on:

04/15/2004

 

Authorized by:

Carol Lear, Coordinator School Law and Legislation

 

 

RULE TEXT

R277. Education, Administration.

R277-444. Distribution of Funds to Arts and Sciences Organizations.

R277-444-1. Definitions.

A. "Arts organization (organization)" means a non-profit professional artistic organization that provides artistic (dance, music, drama, art) services, performances or instruction to the Utah community.

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

C. "Hands-on activities" means activities that include active involvement of students with presenters, ideally with materials provided by the organization.

D. "Non-profit organization" means an organization no part of the income of which is distributable to its members, directors or officers; a corporation organized for other than profit-making purposes.

E. "Request for proposal (RFP)" means a competitive application process used to identify programs that best meet requirements established by the Board.

F. "School visits" means performances, lecture demonstrations/presentations, in-depth instructional workshops, residencies, side-by-side mentoring, and exhibit tours by professional arts and science groups in the community.

G. "Science organization (organization)" means a non-profit professional science organization that provides science-related services, performances or instruction to the Utah community.

H. "State Core Curriculum" means those standards of learning that are essential for all Utah students, as well as the ideas, concepts, and skills that provide a foundation on which subsequent learning may be built, as established by the Board.

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

 

R277-444-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of the public school system under the Board and by Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to provide criteria for the distribution of funds appropriated by the Utah Legislature to enhance the State Core Curriculum through school visits.

 

R277-444-3. Eligibility of Organizations.

[A. ]Scientists, artists, or entities hired/sponsored for services in the schools, directly or indirectly through coordinating organizations, [are always]shall be subject to the same review and approval process.[

B. For FY 2002-2003, only line item organizations identified in S.B. 1, Appropriations Act, from the 2002 General Session, shall be eligible for funding as directed by the Legislature.]

 

R277-444-4. Applications and Funding.

A. Applications shall be provided by the USOE.

B. Organizations funded through an RFP process at the direction of the Legislature shall submit applications to the USOE Fine Arts and Science Specialist[s who shall make final funding recommendations to the USOE Finance Committee by August 31 of the school year in which the money is available].

C. Every four years, beginning in July 1998, all line item organizations shall reapply to the USOE to reestablish their line item status and amount of funding.

D. The USOE may require additional evaluation or audit procedures from organizations to demonstrate use of funds consistent with the law and this rule.

 

R277-444-5. Accountability.

A. Organizations may be visited by USOE staff prior to funding or at school presentations during the funding cycle to evaluate the effectiveness and preparation of the organization.

B. Organizations that receive arts/science funding shall submit an annual evaluation report to the USOE by July 1[ of the fiscal year in which the award was made].

C. The year-end report shall include:

(1) a budget expenditure report and income source report using a form provided by the USOE;

(2) a narrative description of all services provided by the organization;

(3) documentation of collaboration in planning content related to the State Core Curriculum and visit preparation/follow up with the USOE and school communities;

(4) documentation that all school districts and schools have been offered opportunities for participation with the [arts/science ]organization over a three year period to the extent practicable.

(5) copies of any and all materials developed, as requested;

(6) record of the dates and places of all services rendered, the number of instruction/performance hours per district and school, and the number of students and teachers served; and

(7) examples of individual and overall program impact on school science or art programs or curricula.

(8) a report and accounting of fees charged, if any, to recipient schools, districts, or organizations.

D. The USOE may require additional evaluation or audit procedures from the grant recipient to demonstrate use of funds consistent with the law and Board rules.[

E. Every four years, beginning in July 1998, all line item organizations shall reapply under the USOE RFP process to reestablish their line item status for funding consistent with funds received the previous year.

F. The USOE may require additional evaluation or audit procedures from arts/science organizations to demonstrate use of funds consistent with the law and this rule.]

 

R277-444-6. Variations or Waivers.

A. No deviations from the approved and funded proposal shall be permitted without prior approval from the appropriate USOE specialist or his designee.

B. The USOE may require requests for variations to be submitted in writing.

C. The nature and justification for any deviation or variation from the approved proposal shall be reported in the year-end report.

D. Any variation shall be consistent with law and the purposes of this rule.

 

KEY: arts, science, curricula

[October 16, 2002]2004

Notice of Continuation October 13, 2000

Art X Sec 3

53A-1-401(3)