No. 39376 (Amendment): Rule R277-490. Beverley Taylor Sorenson Elementary Arts Learning Program

(Amendment)

DAR File No.: 39376
Filed: 05/15/2015 07:41:37 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

S.B. 75, Elementary Arts Learning Program Amendments, 2015 General Session, amended state law regarding the Beverley Taylor Sorenson Elementary Arts Learning Program (BTSALP) to allow local education agencies (LEAs) more flexibility in the use of grant money, as well as define roles of the Utah State Office of Education (USOE) and the Beverley Taylor Sorenson endowed universities.

Summary of the rule or change:

Amendments to Rule R277-490 provide new and revised definitions; revised BTSALP grant criteria; provisions for endowed universities; and add a new Section R277-490-7 regarding LEA cooperation with the USOE.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Art X Sec 3
• Section 53A-17a-162

Anticipated cost or savings to:

the state budget:

It is anticipated that there is likely no cost or savings to the state budget. The BTSALP including the new criteria will be managed by USOE staff as in past years.

local governments:

There may be additional costs resulting from the amendments to this rule. The additional costs to LEAs are speculative and will vary based on the amount of matching funds currently required and a required minimum 20 percent match.

small businesses:

It is anticipated that there is likely no cost or savings to small businesses. The BTSALP affects public and higher education and does not affect small businesses.

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

It is anticipated that there is likely no cost or savings to persons other than small businesses, businesses, or local government entities. The BTSALP affects public and higher education and does not affect individuals.

Compliance costs for affected persons:

There are likely minimal compliance costs for affected persons. In order to receive funding for the BTSALP, an applicant must provide documentation of committed matching funds that equal 20 percent of the grant request.

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.

Brad C. Smith, 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:

• Angela Stallings at the above address, by phone at 801-538-7656, 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:

07/01/2015

This rule may become effective on:

07/08/2015

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-490. Beverley Taylor Sorenson Elementary Arts Learning Program (BTSALP).

R277-490-1. Definitions.

A. "Arts equipment and supplies" means musical instruments, recording and play-back devices, cameras, projectors, computers to be used in the program, CDs, DVDs, teacher reference books, and art-making supplies. This list is not exhaustive.

B. "Arts Program coordinators (coordinator)" means individuals, employed full-time, who are responsible to coordinate arts programs for the LEA (as defined in R277-490-1G) or consortium, inform arts teachers, organize arts professional development (including organizing arts local learning communities), oversee/guide/organize the gathering of assessment data, represent the LEA or consortium arts program, and provide general leadership for arts education throughout the LEA or consortium.

C. "Beverley Taylor Sorenson Elementary Arts Learning Program model," "BTSALP model," or "Program" means a Program in grades K-6 with the following components:

(1) a qualified arts specialist to work collaboratively with the regular classroom teacher to deliver quality, sequential, and developmental arts instruction in alignment with the state Fine Arts Core Curriculum;[and]

(2) regular collaboration between the classroom teacher and arts specialist in planning arts integrated instruction[.]; and

(3) other activities that may be proposed by an LEA on a grant application and approved by the Board.

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

E. "Endowed university" means an institution of higher education in the state as defined in Section 53A-17a-162(1)(b).

[E]F. "Highly qualified school arts program specialist (arts specialist)" means:

(1) an educator with a current educator license and a Level 2 or K-12 specialist endorsement in the art form;[ or]

(2) an elementary classroom teacher with a current educator license who is currently enrolled in a Level 2 specialist endorsement program in the art form[and who works with a mentor who holds an arts endorsement];[ or]

(3) a professional artist employed by a public school and accepted into the Board Alternative Routes to License (ARL) program under R277-503 to complete a K-12 endorsement in the art form, which includes the Praxis exam in the case of art, music, or theatre[.]; or

(4) an individual who qualifies for an educator license under Board rule that qualifies the individual for the position provided that:

(a) an LEA provides an affidavit verifying that a reasonable search was conducted for an individual who would qualify for an educator license through other means; and

(b) the LEA reopens the position and conducts a new search every two years.

([4]5) In addition to required licensure and endorsements, prospective teachers should provide evidence of facilitating elementary Core learning in at least one art form.

[F. "Independent evaluator," for purposes of this rule and Program, means an evaluator selected jointly by the Board and the Utah Arts Council through the required procurement process. The evaluator shall have experience and expertise in education programs and in the arts.

] G. "LEA" or "local education agency" means a [local education agency, including local school boards/public ]school district[s], charter school[s, and]or, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

H. "Matching funds," for purposes of this rule and the Program, means funds that equal 20 percent of the total [grant amount received]costs for salary plus benefits incurred by an LEA/consortium to fund an LEA/consortium 's arts [coordinator under Section 53A-17a-162(3)(c) and]specialist in Subsection R277-490-[5]1F.

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

[J. "Utah Arts Council" is a state and nationally funded government entity that assists with professional development and provides direct matching grants to nonprofit organizations across the state of Utah. The Utah Arts Council also conducts programs which provide outreach services (including financial assistance) to schools, local arts councils and organizations, community centers, performing groups, and individual artists.

]

R277-490-2. 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-17a-162 which directs the Board to establish a grant program for LEAs to hire qualified arts professionals to encourage student participation in the arts in Utah public schools and embrace student learning in Core subject areas.

B. The purpose of this rule is:

(1) to implement the [Beverley Taylor Sorenson Elementary Arts Learning Program]BTSALP model in public schools through LEAs and consortia that submit grant[s] applications to hire arts specialists [who are highly qualified]as defined in R277-490-1F and paid on the licensed teacher salary schedule;

(2) to distribute funds to[ arts specialists through] LEAs to purchase supplies and equipment as provided for in Section 53A-17a-162(4) and (6);

[(3) to allow ten Utah school districts/consortia to hire arts coordinators;

]([4]3) [to establish partnerships within established networks with Utah higher education institutions]to fund activities at endowed universities as defined in Section 53A-17a-162 to provide pre-service training, professional development, research and leadership for arts educators and arts education in Utah public schools; and

([5]4) to appropriately monitor, evaluate and report programs and [P]program results.

 

R277-490-3. Arts Specialist Grant Program.

A. LEAs or consortia of LEAs may submit grant requests consistent with time lines provided in this rule.

B. LEA consortia:

(1) LEAs may form consortia to employ arts specialists appropriate for the number of students served.

(2) The LEA shall develop its proposal consistent with the [Beverley Taylor Sorenson Elementary Arts Learning Program]BTSALP model outlined under R277-490-1C.

(3) The LEA grant shall explain the necessity or greater efficiency and benefit of an arts specialist serving several elementary schools within a consortium of LEAs.

(4) The LEA grant shall explain a schedule for the specialist(s) to serve the group of schools within several LEAs similarly to an arts specialist in a single school.

(5) A consortium grant shall provide information for a consortium arts specialist's schedule that minimizes the arts specialist's travel and allows the arts specialist to be well integrated into several schools.

C. [Arts specialist]LEA grant requirements:

(1) [Grant programs]An LEA shall[be] develop[ed] and submit[ted] a grant program to the Board that is consistent with the [Beverley Taylor Sorenson Elementary Arts Learning Program]BTSALP model described in R277-490-1C.

(2) An LEA's [G]grant application[s] shall include [documents of compliance with the collaboratively developed implementation requirements. These requirements shall be developed in consultation with a committee with representative members of stakeholder groups in the Program]the collaborative development of the application with the partner endowed university and School Community Council if match comes from School LAND Trust Funds.

[D. LEAs shall review grant applications and forward approved applications to the USOE.

] [E]D. [Arts specialist]Program timelines :

(1) [Continuing Beverley Taylor Sorenson schools shall complete assurances as provided by the USOE and submit to school districts by May 1, annually]Program grant applications shall be completed annually. Grant renewals shall receive funding priority.

[(2) New Beverley Taylor Sorenson schools shall complete applications as provided by the USOE and submit to school districts by May 1, annually.

] ([3]2) LEAs shall submit completed applications [requiring]requesting funding to the USOE by May [7]1 annually.

([4]3) The Board[, after close consultation with the Utah Arts Council,] shall designate [schools]LEAs/consortia for funding no later than June 1 annually.

[F]E. Distribution of funds for arts specialists

(1) [Continuing Beverley Taylor Sorenson]Program LEAs shall submit complete information of salaries (including benefits) of all [Beverley Taylor Sorenson]Program specialists employed by the LEA[, as requested by the USOE]no later than September 30 annually.

(2) If a Program LEA provides the matching funds described in R277-490-3E(3), [T]the USOE shall distribute funds to [continuing Beverley Taylor Sorenson]Program LEAs annually [in equal amounts per] equal to 80 percent of the salaries plus benefits for approved hires in this program, consistent with Sections 53A-17a-162 (5) and(6)[and (7)]. An individual specialist grant amount may not exceed $70,000.

(3) A Program LEA shall provide matching funds for each specialist funded through the Program.

[(3) The USOE shall distribute funds designated in Section 53A-17a-162(7) to additional Beverley Taylor Sorenson LEAs.

]

R277-490-4. Distribution of Funds for Arts Specialist Supplies.

A. The Board shall distribute funds for arts specialist supplies to LEAs/consortia as available.

B. LEAs shall distribute funds to participating schools as provided in the approved LEA/consortia grant and consistent with LEA procurement policies.

C. LEAs/consortia shall require arts specialists to provide adequate documentation of arts supplies purchased consistent with the school/consortium plan, this rule and the law.

D. Summary information about effective supplies and equipment shall be provided in the school/consortium evaluation of the Program.

 

R277-490-5. LEA/Consortia Employment of LEA/Consortia Arts Coordinators.

A. LEAs/consortia may apply for funds to employ[ full-time] arts coordinators in their LEAs/consortium.  These are intended as small grants to rural districts to help support arts education and the implementation of BTSALP.

B. Applicants shall explain how arts coordinators will be used consistent with the [Beverley Taylor Sorenson Elementary Arts Learning Program]BTSALP model, what requirements arts coordinators must meet, and what training will be provided by whom.

C. Applicants shall provide documentation of committed matching funds that equal 20 percent of the grant request[ from the LEA/consortium].

[D. Preference shall be given to applicants that demonstrate in their proposed recruitment and use of coordinators diligent and creative efforts to employ arts coordinators who mirror the minority or unique populations that make up the schools in which coordinators will work.

E. The Board, following close consultation with the Utah Arts Council, shall select LEAs/consortia to receive funds under this section.

] [F]D. [Funds shall be distributed to designated LEAs/consortia]The USOE shall notify an LEA that receives a grant award no later than [July]June 1 annually.

 

R277-490-6. [Arts Program Partnership with Utah Institutions of Higher Education for Pre-service, Professional Development, Research, and Leadership Training]Endowed University Participation in the BTSALP.

A. The Board [shall work closely with the Utah Arts Council to identify interested Utah higher education institutions eligible, prepared and geographically and programmatically suited to work with identified arts specialists, arts coordinators and the schools and programs in which specialists/coordinators are employed]may consult with endowed chairs and integrated arts advocates regarding program development and guidelines.

[B. The Board, in close partnership with the Utah Arts Council, shall determine funding and payment timelines to eligible Utah higher education institutions for designated services as appropriate and necessary.

]B. Endowed university grants:

(1) Endowed universities may apply for grant funds to fulfill the purposes of this program which include:

(a) delivery of high quality professional development to participating LEAs;

(b) the design and completion of research related to the program;

(c) providing the public with elementary arts education resources; and

(d) other program related activities as may be included in a grant application and approved by the Board.

(2) Endowed university grant applications shall include documentation of collaborative development of a plan for delivery of high quality professional development to participating LEAs. The Board shall determine the LEAs assigned to each endowed university.

(3) The Board may award no more than 10 percent of the total legislative appropriation to grants to endowed universities.

(4) The USOE shall monitor the activities of the grantees to ensure compliance with grant rules, fulfillment of grant application commitments and appropriate fiscal procedures. Endowed universities shall cooperate with the USOE in the monitoring of their grants.

(5) Endowed universities that receive grant funds shall consult, as requested by the Board, in the development and presentation of an annual written program report as required in statute.

 

R277-490-7. LEAs Cooperation with USOE for BTSALP.

A. USOE BTSALP staff may visit schools receiving grants to observe implementation of the grants.

B. BTSALP schools shall cooperate with the USOE to allow visits of members of the Board, legislators, and other invested partners to promote elementary arts integration.

C. LEAs shall accurately report the numbers of students impacted by the Program grant and report on the delivery systems to those students as requested by the USOE.

D. LEAs found to be out of compliance with the terms of the grant will be notified within 30 days of the discovery of such non-compliance.

(1) LEAs found to be in non-compliance will be given 30 days to correct the issues.

(2) If non-compliance is not resolved within that time frame, LEAs are subject to losing the grant funds for the school or schools found to be non-compliant.

 

R277-490-[7]8. [Beverley Taylor Sorenson Elementary Arts Learning Program Evaluation and]Program Reporting.

[A. The Board, in consultation with the Utah Arts Council, shall contract annually with an independent qualified evaluator through the state procurement process.

B. ]The Board[ and the Utah Arts Council] shall[ jointly ]report annually to the Education Interim Committee as provided in Section 53A-17a-162([6]8).

 

KEY: arts program, grants, public schools, endowed universities

Date of Enactment or Last Substantive Amendment: [August 7, 2013]2015

Notice of Continuation: June 10, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-17a-162

 

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