No. 27001 (Repeal): R277-734. Standards and Procedures for Adult Education Section 353 Funds

DAR File No.: 27001
Filed: 03/15/2004, 03:08
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being repealed because the federal funding for the Section 353 Adult Education program has been discontinued.

 

Summary of the rule or change:

This rule is repealed in its entirety.

 

State statutory or constitutional authorization for this rule:

Section 53A-1-401(3) and Section 53A-15-401

 

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to state budget. When Adult Education Section 353 funding was discontinued, the state no longer provided applications for school districts and community-based organizations to receive the funds.

 

local governments:

There are no anticipated cost or savings to local government. When Adult Education Section 353 funding was discontinued, school districts or community-based organizations could no longer receive funds for projects.

 

other persons:

There are no anticipated cost or savings to other persons. There was never a cost for individuals to participate in programs funded under Adult Education Section 353 funds. Adult Education Section 353 funds no longer exist.

 

Compliance costs for affected persons:

There are no compliance costs for affected persons. Adult Education Section 353 funds no longer exists.

 

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:

05/03/2004

 

This rule may become effective on:

05/04/2004

 

Authorized by:

Carol Lear, Coordinator School Law and Legislation

 

 

RULE TEXT

R277. Education, Administration.

[R277-734. Standards and Procedures for Adult Education Section 353 Funds.

R277-734-1. Definitions.

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

B. "Section 353 Funds" means funds made available under 20 U.S.C.A. 1201, the federal Adult Education Act, for special curricula projects and for the training of persons engaged, or preparing to engage, in providing adult education.

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

D. "Adult education" means instruction and educational services below the college level for adults who do not have:

(1) the basic education skills of the eighth grade level or below which enable them to function effectively in society; or

(2) a certificate of graduation from a school providing the secondary education of levels nine through twelve.

 

R277-734-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-15-401 which places general supervision and control of adult education in the Board and 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 specify the standards and procedures for projects funded with Section 353 funds.

 

R277-734-3. Eligible Projects.

Utah's allocation of Section 353 Funds shall be used for the following curriculum and staff development priorities:

A. Identification and implementation of assessment instruments, curricula, and activities for implementing the Board's approved adult education curriculum;

B. Identification and implementation of specific occupational competencies, including assessment and curricula, leading to employment following adult high school completion;

C. Identification and implementation of an adult high school community/home/coping/curricula for meeting adult needs by lifestyles and stages;

D. Identification and implementation of assessment instruments, curricula, and activities for adult high school competencies for entrance to post-secondary vocational and academic education and training;

E. Identification and implementation of an adult education pre-service and in-service staff development program;

F. Identification and implementation of an adult education program evaluation process; and

G. Identification and implementation of an outcome-based adult education curricula which utilizes computer-managed and technology-assisted instruction.

 

R277-734-4. Application and Award.

A(1) State and local educational agencies, and public or private for-profit agencies, organizations, and institutions meeting the requirements of Subsection 4(c)(2), are eligible to receive Section 353 Funds for special curricula projects. All of these entities and institutions of higher education are eligible to receive Section 353 Funds for staff development projects.

(2) To be eligible to receive funds authorized under this rule, an agency, organization, or institution organized for profit must demonstrate:

(a) it can make a significant contribution to attaining the objectives of the Adult Education Act; and

(b) it can provide substantially equivalent education at a lesser cost than or can provide services and equipment not available in public institutions.

(3) Individuals and any school or department of divinity are ineligible to receive Section 353 Funds.

B. Section 353 funds shall be awarded on a request for proposal basis. The USOE's Adult Education Services Unit shall develop uniform deadlines, procedures, and forms to conduct this process.

C(1) Each local adult education program desiring to receive Section 353 Funds shall submit an application to the USOE's Adult Education Services Unit. An application must be submitted for each proposal. If an applicant wishes to have an application reconsidered for approval for a subsequent fiscal year, the application must be resubmitted.

(2) A review panel appointed and assembled by the USOE's Adult Education Services Unit shall evaluate each project application and make recommendations to the director of the USOE's Adult Education Services Unit who makes final selections.

(3) Project applications are evaluated for approval on the basis of the following:

(a) criteria applicable to both special curricula projects and staff development projects:

(i) the proposal clearly defines its objectives in measurable terms;

(ii) the proposed plan of operation is sound;

(iii) the proposed activities are relevant to the needs and objectives addressed;

(iv) the proposed activities and objectives are needed in the area or for the personnel to be served;

(v) project personnel are qualified to carry out project activities and objectives;

(vi) personnel employed by the project do not engage in other employment that interferes with the quality and quantity of the work required by the project;

(vii) facilities and other resources are adequate to carry out the objectives and activities of the project;

(viii) the size, scope, and duration of the project are likely to secure productive results. The estimated cost is reasonable in relation to the results;

(ix) there is adequate potential for replication and utilization of project results in other adult education programs. There are adequate provisions for disseminating the results;

(x) the proposed project contains systematic evaluation procedures to measure the project's effectiveness and the extent to which its objectives and activities were accomplished; describes steps to enable the accomplishment of the objectives; and describes steps for including successful aspects of the project into the adult education program with other funds;

(xi) the proposed project is coordinated with other federally-assisted, state and local adult education programs in a manner that promotes a comprehensive approach to the problems of adults with educational deficiencies;

(xii) the project is conducted in cooperation and coordination with private and public programs and institutions in order to strengthen the project, prevent duplicative efforts, and encourage continuation; and

(xiii) the proposal meets all federal and state requirements and is consistent with Board policies and rules.

(b) criteria applicable to Special Curricula Projects:

(i) the project uses or develops innovative methods, systems, materials, or programs to improve adult education;

(ii) the project addresses critical and high priority education needs of adults; and

(iii) the project is likely to improve the delivery of adult education services at both the state and local levels.

(c) criteria applicable to Staff Development Projects:

(i) the project includes training in the organization, utilization, or development, or any combination of these, of innovative methods, systems, materials, and programs;

(ii) the project addresses training needs identified as criteria by national, state, and local adult education groups; and

(iii) the project specifies eligibility requirements for project participation.

D. An applicant is notified by letter as to the acceptance or rejection of its project application for Section 353 Funds by the USOE's Adult Education Services Unit. An approved Section 353 Project is authorized under an agreement signed by the USOE and the applicant.

 

R277-734-5. Program Standards and Procedures.

A. Recipients of Section 353 Funds for special curricula and staff development projects are required, whenever feasible, to make non-federal expenditures of at least ten percent of the cost of the project. The percentage required is determined on the basis of the resources of the grantee, the size and scope of the project, the cost of the project, and the ability of the grant recipient to contribute to programs the State Superintendent of Public Instruction determines to be relevant.

B. The recipient of Section 353 Funds shall establish its own criteria for admission to staff development projects based on the terms and conditions of the grant award agreement and the goals of the adult education program. Selection of participants is the responsibility of the grantee. No person shall be declared ineligible to participate in the program solely for the reason of race, color, sex, national origin, religion, handicap, or the failure to possess an academic degree. Eligible participants must be teaching, preparing to teach, counseling, supervising, or administering in the adult education program.

C. Allowable costs shall be in accordance with terms and conditions contained in the grant award agreement. Participants in staff development programs may receive support and travel allowances which must be paid in accordance with state law, policies, and procedures.

D. The following reports shall be required of grant recipients:

(1) performance reports required under the grant award agreement;

(2) financial status reports required under the grant award agreement; and

(3) a final project report which must be submitted within 60 days after the expiration or termination of the grant. It shall include:

(a) a final financial status report; and

(b) a final performance report containing:

(i) a listing of project objectives and accomplishments;

(ii) sufficient details to enable replication of the project;

(iii) a summary of findings, recommendations, and conclusions;

(iv) a brief abstract describing the methodology and operation of the project;

(v) a description of any instructional materials developed for use in the project; and

(vi) a description of any salable items developed as a result of the project.

E. The USOE shall be provided with a copy of any independent evaluations of the project or any studies of a similar nature in accordance with the requirements contained in the grant award agreement.

F. The USOE shall develop uniform fiscal and accounting procedures, forms, and deadlines for the operation of Section 353 Projects.

 

KEY: adult education

1988

Notice of Continuation February 26, 1999

53A-15-401

53A-1-401(3)]