No. 33740 (Amendment): Rule R277-459. Classroom Supplies Appropriation

(Amendment)

DAR File No.: 33740
Filed: 06/15/2010 07:07:33 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide for changes in S.B. 2, 2010 Legislative Session, that changes the distribution formula for the classroom supply appropriation. The amendments to the rule also provide language allowing classroom supply money to be used for limited purposes and equipment that protect specific health risks of teachers. (DAR NOTE: S.B. 2 (2010) is found at Chapter 399, Laws of Utah 2010, and was effective 07/01/2010.)

Summary of the rule or change:

The changes provide language that changes the distribution formula consistent with S.B. 2, 2010 Legislative Session, and expands the purposes for which classroom supply money can be used.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-402(1)(b)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The funding affects teachers in the classroom.

local governments:

There are no anticipated costs or savings to local government. A one-time appropriation provides funding for classroom supplies for all eligible teachers and provides greater flexibility for its use.

small businesses:

There are no anticipated costs or savings to small businesses. This rule affects public school teachers.

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

There are no anticipated costs or savings to small businesses, businesses, or local government entities. Eligible classroom teachers will receive money for classroom supplies.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Funding is provided for classroom supplies for eligible classroom teachers with added flexibility for its use.

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:

08/02/2010

This rule may become effective on:

08/09/2010

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-459. Classroom Supplies Appropriation.

R277-459-1. Definitions.

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

B. "Classroom teacher" definition criteria:

(1) Eligible teachers shall be in a permanent teacher position filled by one teacher or two or more job-sharing teachers employed by a school district, the Utah Schools for the Deaf and the Blind, or charter schools.

(2) Eligible teachers are licensed personnel, and paid on a school district's salary schedule or a charter school's salary schedule.

(3) Teachers shall be employed for an entire contract period.

(4) The teacher's primary responsibility shall be to provide instructional or a combination of instructional and counseling services to students in public schools.

C. "Comprehensive Administration of Credentials for Teachers in Utah Schools (CACTUS)" means the electronic file maintained on all licensed Utah educators. The file includes such as:

(1) personal directory information;

(2) educational background;

(3) endorsements;

(4) employment history;

(5) professional development information; and

(6) a record of disciplinary action taken against the educator. All information contained in an individual's CACTUS file is available to the individual, but is classified private or protected under Section 63G-2-302 or 305 and is accessible only to specific designated individuals.

D. "Field trip" means a district, or school authorized excursion for educational purposes.

[E. "First year classroom teacher/intern" means any teacher who has no experience posted in the teacher's CACTUS file in the school/school district in which the teacher is currently assigned as of the November 15 CACTUS update.

F. "Intern" means a teacher education student, who, in an advanced stage of preparation, usually as a culminating experience, may be employed in a school setting for a period of up to one year and receive salary proportionate to the service rendered. An intern is supervised primarily by the school system but with a continuing relationship with college personnel and following a planned program designed to produce a demonstrably competent professional. An intern is licensed under a letter of authorization consistent with R277-503, Licensing Routes.

G. "Second year through fifth year classroom teacher" means any teacher who has one to four years of experience in the teacher's CACTUS file as of the November 15 CACTUS file.

][H]E. "Teaching supplies and materials" means both expendable and nonexpendable items that are used for educational purposes by teachers in classroom activities and may include such items as:

(1) paper, pencils, workbooks, notebooks, supplementary books and resources;

(2) laboratory supplies, e.g. photography materials, chemicals, paints, bulbs (both light and flower), thread, needles, bobbins, wood, glue, sandpaper, nails and automobile parts;

(3) laminating supplies, chart paper, art supplies, and mounting or framing materials;

(4) Th[is]e definition of teaching supplies and materials should be broadly construed in so far as the materials are used by the teacher for instructional purposes or to protect the health of teachers in [classrooms,]instructional or lab settings, or in conjunction with field trips.

[I]F. "USOE" means the Utah State Office of Education.

 

R277-459-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution Article X, Section 3 which gives general control and supervision of the public school system to the Board, by Section 53A-1-402(1)(b) which directs the Board to establish rules and minimum standards for school programs, and by state legislation which provides a designated appropriation for teacher classroom supplies and materials.

B. The purpose of this rule is to distribute money through school districts, the Utah Schools for the Deaf and the Blind, or charter schools to classroom teachers for school materials , [and] supplies , [and] field trips , and purposes or equipment that protect the health of teachers in instructional or lab settings or in conjunction with field trips.

 

R277-459-3. Distribution of Funds.

A. The USOE shall generate from the CACTUS database a teacher count of the full-time classroom teachers consistent with S.B. 2, Section [30]8, 20[08]10 Legislative Session, for each school district, the Utah Schools for the Deaf and the Blind, or charter schools as of November 15 of each year.

B. [For the $7,500,000 portion of the classroom supplies appropriation for 2008, t]The Board shall distribute funds to school districts, charter schools and the Utah Schools for the Deaf and the Blind based on data submitted to the CACTUS database consistent with S.B. 2, Section [30]8, 20[08]10 Legislative Session.

C. School districts, charter schools and the Utah Schools for the Deaf and the Blind shall distribute funds for classroom supplies consistent with the amounts for salary schedule steps and teaching assignments designated in S.B. 2, Section [30]8, 20[08]10 Legislative Session.

[D. Following the distribution of the $7,500,000 portion of the classroom supplies appropriation, the Board shall distribute the $2,500,000 portion of the classroom supplies appropriation for 2008, consistent with the following:

(1) First year teachers shall receive a $500 classroom stipend.

(2) The remaining funds shall be distributed only to teachers in their second through fifth years of teaching consistent with the following:

(a) Second year teacher shall receive up to 80 percent of the first year teacher amount.

(b) third year teacher shall receive up to 60 percent of the first year teacher amount.

(c) fourth year teacher shall receive up to 40 percent of the first year teacher amount.

(d) fifth year teacher shall receive up to 20 percent of the first year teacher amount.

][E]D. Individual teachers shall designate the uses for their allocations consistent with the criteria of this rule. School districts/charter schools and other eligible schools [shall]may develop policies, procedures and timelines to facilitate the intent of the appropriation.

[F]E. Each school district/charter school shall ensure that each eligible individual has the opportunity to receive the proportionate share of the appropriation.

[G]F. If a teacher has not spent or committed to spend the individual allocation by April 1, the school or district may make the excess funds available to other teachers or may reserve the money for use by eligible teachers the following year.

[H]G. These funds shall supplement, not supplant, existing funds for identified purposes.

[I]H. These funds shall be accounted for by the school district/charter school or eligible school using state and school district procurement and accounting policies.

[J]I. The funds and supplies purchased with the funds are the property of the school district, the Utah Schools for the Deaf and the Blind, or charter schools.

(1) Employees do not personally own materials purchased with designated public funds.

(2) A school district or charter school may by policy allow individual teachers to use supply funds to protect teacher health with consumable materials that may not be able to be reused by the school.

 

R277-459-4. Other Provisions.

A. Districts, the Utah Schools for the Deaf and the Blind, or charter schools shall allow, but not require, teachers to jointly use their allocations.

B. School districts, the Utah Schools for the Deaf and the Blind, and charter schools may carry over these funds, if necessary.

 

KEY: teachers, supplies

Date of Enactment or Last Substantive Amendment: [November 10, 2008]2010

Notice of Continuation: July 6, 2005

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1)(b)

 

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