No. 34834 (Repeal): Rule R277-760. Flow Through Funds for Students at Risk

(Repeal)

DAR File No.: 34834
Filed: 05/16/2011 06:43:51 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is repealed because the statutory language that established specific programs for at-risk students has been replaced by a new more flexible program established in H.B. 2, 2011 General Session, which provides funding to local education agencies (LEAs) to support the academic growth of students who are at risk for academic failure. A new rule consistent with the new statutory language providing for more flexible at risk student program funding will replace this rule. (DAR NOTE: H.B. 2 (2011) will be effective 07/01/2011.)

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. This rule is being repealed because the language in this rule is no longer supported by statute. A new rule consistent with new statutory language will replace this rule.

local governments:

There are no anticipated costs or savings to local government. This rule is being repealed because the language in this rule is no longer supported by statute. A new rule consistent with new statutory language will replace this rule.

small businesses:

There are no anticipated costs or savings to small businesses. This rule relates to public education and does not affect businesses.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. This rule is being repealed because the language in this rule is no longer supported by statute. A new rule consistent with new statutory language will replace this rule.

Compliance costs for affected persons:

There are no compliance costs for affected persons. This rule is being repealed because the language in this rule is no longer supported by statute. A new rule consistent with new statutory language will replace this rule.

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.

Larry K. Shumway, 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:

07/01/2011

This rule may become effective on:

07/08/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

[ R277-760. Flow Through Funds for Students at Risk.

R277-760-1. Definitions.

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

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

C. "Application funds" means the annual legislative appropriation that will be awarded to districts by application.

D. "WPU" means weighted pupil unit: the basic unit used to calculate the amount of state funds a school district may receive through a given program.

E. "Student at risk" means any student who because of his individual needs, requires some kind of uniquely designed intervention in order to achieve literacy, graduate, and be prepared for transition from school to post school options.

F. "Small school district" means a school district which does not generate the minimum base because of size and district characteristics.

G. "The MASTER PLAN FOR SERVICES FOR STUDENTS AT RISK" is a planning document which provides for an appropriate and effective education system for all students, including those at risk. The PLAN is designed to enable students to become functioning members of the community, pursue post-secondary education or career training, and find and maintain employment leading to economic security.

 

R277-760-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control of public schools in the Board, by Section 53A-17a-121(1)(2) which requires funds appropriated for students at risk to be distributed according to standards set by the Board, by Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities, and by 63M-9-201 which creates the Families, Agencies, and Communities Together State Council.

B. The purpose of this rule is to distribute at risk flow through funds to school districts.

 

R277-760-3. Distribution of Funds.

The annual state legislative appropriation for students at risk shall be awarded to Utah school districts:

(1) using a formula which takes into account selected prior year WPU's per district and a district's low-income population; and

(2) to guarantee a minimum base of no less than $18,600 for small school districts.

 

R277-760-4. Appropriate Expenditure of At Risk Flow Through Funds.

A. A school district shall use its share of the appropriation consistent with the MASTER PLAN FOR SERVICES FOR STUDENTS AT RISK.

B. The USOE may evaluate district programs in conjunction with at risk advisory groups.

 

KEY: dropouts, exceptional children

Date of Enactment or Last Substantive Amendment: April 15, 1996

Notice of Continuation: September 3, 2009

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-17a-121(1)(2); 53A-1-401(3); 63M-9-201 ]

 

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