No. 27932 (Amendment): R277-444. Distribution of Funds to Arts and Sciences Organizations

DAR File No.: 27932
Filed: 05/19/2005, 07:05
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to clarify the expectations required for Professional Outreach Programs (POPS) organizations to reestablish themselves and their funding level every four years, as required by law.

 

Summary of the rule or change:

The changes include adding definitions, changing and clarifying the criteria for eligibility, applications, and funding for POPS and RFP organizations (arts and science organizations that receive one-time funding from the the Utah State Office of Education (USOE)), adding a new section for continued funding of arts and science subsidy program organizations, and changing and clarifying criteria for evaluation and accountability of funding and variations or waivers.

 

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 cost or savings to the state budget. The Legislature appropriated the money for continued POPS funding in the 2005 Session.

 

local governments:

There are no anticipated cost or savings to local government agencies including school districts. POPS organizations will continue to provide services to school districts due to legislative funding. School districts are responsible for any transportation costs for students to activities or performances.

 

other persons:

The amended rule more clearly explains the application and the funding process for POPS organizations. There are no anticipated costs or savings to organizations applying for or eligible for POPS funding; the Legislature continues to appropriate funding for this program consistent with previous years. Under the amended rule the USOE may require additional audit or evaluation procedures from POPS organizations but the organizations may use appropriated funds for this purpose.

 

Compliance costs for affected persons:

There are no compliance costs for affected persons. POPS organizations may use appropriated funds for audit or evaluation procedures, if required by the USOE.

 

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. Patti Harrington, State Superintendent of Public Instruction

 

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:

07/15/2005

 

This rule may become effective on:

07/16/2005

 

Authorized by:

Carol Lear, Coordinator School Law and Legislation

 

 

RULE TEXT

R277. Education, Administration.

R277-444. Distribution of Funds to Arts and Science[s] 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. "Arts and science subsidy program" means groups that have participated in the RFP program and have been determined by the Board to be providing valuable services in the schools. They do not qualify as professional outreach programs.

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

D. "Cost effectiveness" means maximization of the educational potential of the resources available through the professional organization, not using POPS funding for costs that would be expended necessarily for the maintenance and operation of the organization.

E. "Educational soundness" means that learning activities or programs:

(1) are designed for the community and grade level being served, including suggested preparatory activities and Core-relevant follow-up activities;

(2) feature literal interaction of students and teachers with professional artists and scientists;

(3) focus on those specific Life Skills and Arts or Science Core Curricula concepts and skills; and

(4) show continuous improvement of services guided by analysis of evaluative tools.

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

[E]G. "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.

H. "Professional excellence" means the organization:

(1) has been juried or reviewed, based on criteria for artistic or scientific excellence, by a panel of recognized and qualified critics in the appropriate discipline;

(2) has received recognitions of excellence through an award, a prize, a grant, a commission, an invitation to participate in a recognized series of presentations in a well-known venue; and

(3) includes a recognized and qualified professional in the appropriate field who has created an artistic or scientific project or composition specifically for the organization to present; or

(4) any combination of criteria.

[F]I. "Professional outreach programs (POPS) in the schools" means those established arts and science[s] organizations which [previously ]received line item funding directly from the Utah State Legislature prior to 2004. These organizations have demonstrated the capacity to mobilize programmatic resources and focus them systematically in improving teaching and learning in schools statewide.

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

H. "RFP program" means arts and science organizations that receive one-time funding through application to the USOE.

I. "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.

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

K. "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.

L. "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 the arts and science program is to provide opportunities for students to develop and use the knowledge, skills, and appreciation [contained]defined in the arts and science[s] Core curricula through in-depth school instructional services, performances or presentations in school and theatres, or arts or science museum tours.

C. This rule also provides criteria for the distribution of funds appropriated by the Utah Legislature for this program.

 

R277-444-3. Criteria for Eligibility[ of], Applications, and Funding for POPS Organizations.

A. Established professional outreach program in the schools (POPS) organizations shall be eligible for funding under the POPS program applications and funding criteria and not eligible to apply for the RFP or arts and science subsidy programs.

B. Documentation of an organization's non-profit status, shall be provided in the annual evaluation report described in R277-444-6.

C. Every four years, beginning in July 1998, all POPS organizations shall reapply to the USOE to reestablish their continuation and amount of funding. Re-application materials shall be provided by the USOE.

D. When there are changes in the program funding from the Utah State Legislature, allocations shall be at the discretion of the Board.

E. Funds shall be distributed annually beginning in August.

 

R277-444-4. Criteria for Eligibility, Applications, and Funding for RFP Organizations.

[B]A. Non-profit professional arts and science organizations that have existed for at least three years prior to application with a track record of proven fiscal responsibility, of demonstrated excellence in their discipline, and with the ability to share their discipline creatively and effectively in educational settings shall be eligible to apply for RFP funding.

[C]B. Documentation of an organization's non-profit status, professional excellence or educational [effectiveness]soundness may be required by the USOE prior to receipt of application from these organizations.

[D]C. RFP organizations that can demonstrate successful participation in the RFP Program for three years, have an education staff, and the capacity to reach out statewide may apply to the Board to become a POPS organization.

[E. The completed application shall be submitted prior to June 1 of the year in which the application is to be considered.

F. The Board shall request new money for a new POPS organization from the Utah State Legislature if the application is approved, prior to providing funds to the organization.

G. Arts and science organizations meeting the subsidy criteria may apply for the arts and science subsidy program, but may not also apply for RFP funding.

H. Arts and science organizations qualifying for POPS or RFP funding may not charge schools for services funded under those programs.

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

 

R277-444-4. Applications and Funding.

A. Applications shall be provided by the USOE.

B. Every four years, beginning in July 1998, all POPS organizations shall reapply to the USOE to reestablish their continuation and amount of funding. Applications shall include a plan for participating with all similar arts or science groups to reach all designated schools.

C]D. Organizations funded through an RFP process shall submit annual applications to the USOE. Applications shall be provided by the USOE.

[D]E. The designated USOE specialist(s) shall make final funding recommendations following a review of applications by designated community representatives to the [USOE Finance Committee]Board by August 31 of the school year in which the money is available.

[E. Every four years, beginning in 2006, all arts and science subsidy program organizations shall reapply to the USOE to reestablish the continuation and amount of funding.

F. The USOE may require additional evaluation or audit procedures from organizations to demonstrate use of funds consistent with the law and this rule.]F. Application for eligible organizations to become a POPS organization is possible every year through the following process:

(1) Organizations submit a letter of intent and a master plan for servicing the schools to the designated USOE specialist(s) by the first day of October to determine eligibility and accordingly respond with an invitation to meet and complete the application and evaluation process required of all established POPS and arts and science subsidy organizations in their re-application procedure every four years.

(2) The completed application, original letter of intent, and recommendations based on the evaluation are submitted to the Board through the designated USOE specialist(s) by June 1.

(3) The Board or designee meets with the designated USOE specialist(s) to determine whether or not to approve the applicant as a candidate to become a POPS organization.

(4) The Board shall request new money for a new POPS organization from the Utah State Legislature if the application is approved, prior to providing funds to the newly approved organization.

(5) The same procedure would be followed for organizations desiring to apply to be arts and science subsidy organizations, and to re-apply to establish their funding level and standing as an arts and science subsidy group.

(6) Arts and science organizations meeting the arts and science subsidy criteria may apply for the arts and science subsidy program, but may not apply for RFP funding.

G. When there are changes in the program funding from the Utah State Legislature, allocations shall be at the discretion of the Board.

H. Funds shall be distributed annually beginning in August.

 

R277-444-5. Process for Continued Funding of Arts and Science Subsidy Program Organizations.

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

B. Every four years, beginning in 2010, all arts and science subsidy program organizations shall reapply to the USOE to reestablish the continuation and amount of funding. Re-application materials shall be provided by the USOE.

C. When there are changes in the program funding from the Utah State Legislature, annual allocations shall be at the discretion of the Board.

D. Funds shall be distributed annually beginning in August.

 

R277-444-[5]6. Criteria for Evaluation and Accountability of Funding.

A. Arts and science organizations qualifying for POPS or RFP funding may not charge schools for services funded under those programs.

[A]B. 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]C. Organizations that receive arts[/] and science funding shall submit [an ]annual evaluation reports to the USOE by July 1.

[C]D. The year-end report shall include:

(1) a budget expenditure report and income source report using a form provided by the USOE, including a report and accounting of fees charged, if any, to recipient schools, districts, or organizations; and

(2) record of the dates and places of all services rendered, the number of instruction and performance hours per district, school, and classroom service, as applicable, with the number of students and teachers served, including:

(a) documentation that all school districts and schools have been offered opportunities for participation with all organizations over a three year period consistent with the arts and science organizations' plans and to the extent possible; and

(b) documentation of collaboration with the USOE and school communities in planning visit preparation/follow up and content that [is related to]focuses on the state Core curriculum; and

(c) arts or science and their contribution(s) to students' development of life skills; and

(3) a brief description of services provided by the organizations through the fine arts and science[s] POPS, RFP, or arts and science subsidy programs, and if requested, copies of any and all materials developed; and

(4) a summary of organization's evaluation of:

(a) cost-effectiveness;

(b) procedural efficiency;

(c) collaborative practices;

(d) [program quality, including impact of services on students, teachers, school science or art programs or curricula]educational soundness;[ and]

(e) professional excellence; and

([e]f) the resultant goals, plans, or both, for continued evaluation and improvement.

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

F. Funding and levels of funding to POPS, RFP, and arts and science subsidy programs are continued at the discretion of the Board based on review of information collected in year-end reports.

 

R277-444-[6]7. Variations or Waivers.

A. No deviations from the approved and funded arts or science proposals shall be permitted without prior approval from the [appropriate]designated USOE specialist(s) 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

[August 17, 2004]2005

Notice of Continuation October 13, 2000

Art X Sec 3

53A-1-401(3)