No. 41773 (New Rule): Rule R277-121. Board Waiver of Administrative Rules

(New Rule)

DAR File No.: 41773
Filed: 06/09/2017 12:21:10 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-121 is created to provide a rule that specifically applies to Utah State Board of Education (Board) waiver of administrative rules. That language is removed from Rule R277-101 and reenacted in this Rule R277-121. (Editor's Note: The proposed amendment to Rule R277-101 is under Filing No. 41768 in this issue, July 1, 2017, of the Bulletin.)

Summary of the rule or change:

This new rule defines terms; provides provisions for waiver requests and Board review of waiver requests; and provides provisions for an annual review of approved waivers.

Statutory or constitutional authorization for this rule:

• Section 53A-1a-511
• Art X, Sec 3
• Section 53A-1-401

Anticipated cost or savings to:

the state budget:

Implementation of this new Rule R277-121 will likely not result in a cost or savings to the state budget. Provisions regarding waiver of Board rules are currently in Rule R277-101.

local governments:

Implementation of this new Rule R277-121 could result in a cost or savings to a school district or charter school seeking a waiver from Board rule under this rule depending on the waiver. Costs and/or savings are very speculative at this time.

small businesses:

Implementation of this new R277-121 will likely not result in a cost or savings to small businesses. This new rule applies to public education and does not affect businesses.

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

Implementation of this new Rule R277-121 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. Provisions regarding waiver of Board rules are currently in Rule R277-101.

Compliance costs for affected persons:

Implementation of this new Rule R277-121 will likely not result in any compliance costs for affected persons. Provisions regarding waiver of Board rules are currently in Rule R277-101.

Comments by the department head on the fiscal impact the rule may have on businesses:

After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses.

Sydnee Dickson, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Office 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:

07/31/2017

This rule may become effective on:

08/07/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-121. Board Waiver of Administrative Rules.

R277-121-1. Authority and Purpose.

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board; and

(b) Section 53A-1-401, which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.

(2) The purpose of this rule is to establish procedures for an LEA to request a waiver from a Board rule.

 

R277-121-2. Procedures for Waiver Requests.

(1)(a) An LEA board may request a waiver from a Board rule by filing a written request with the Superintendent.

(b) A written request under Subsection (1)(a) shall include:

(i) verification that the LEA board voted to request the waiver in an open meeting;

(ii) student achievement data that supports the requested waiver;

(iii) data demonstrating the cost effectiveness of the waiver request;

(iv) a proposed agreement with the Board that includes:

(A) a proposed effective date;

(B) provisions for public review and accountability;

(C) data gathering and reporting timelines;

(D) a sunset date; and

(v) in the case of a charter school, a recommendation from the board of the school's authorizer.

(2) An LEA board may not request a waiver from a Board rule:

(a) that is required by or adopts criteria from a federal statute, federal regulation, or state law;

(b) that would negatively affect the health, safety, or welfare of public education students;

(c) that could reasonably result in discrimination or harassment of public school students or employees;

(d) that would benefit one element of the public education system to the detriment of another; or

(e) when the concerns giving rise to an LEA board's request could be addressed through means other than waiver of Board rules.

 

R277-121-3. Board Review of Waiver Requests.

(1) The Board Executive Committee may assign a waiver request made under this Rule R277-121 to a Board standing committee.

(2) The standing committee assigned in accordance with Subsection (1):

(a) may solicit additional information or testimony;

(b) shall review the request in an open meeting; and

(c) shall make a recommendation for consideration by the full Board.

(3) The Board Executive Committee may consolidate consideration of duplicate or similar requests.

(4) The Board shall consider available data in evaluating an LEA waiver request and shall make data driven decisions.

 

R277-121-4. Annual Review of Approved Waivers.

(1) An LEA that receives a waiver from Board rule in accordance with this R277-121 for more than one year shall annually report to a Board committee:

(a) student achievement data that supports continuation of the requested waiver; and

(b) data demonstrating the cost effectiveness of the waiver, if applicable.

 

KEY: Utah State Board of Education, waivers, administrative rules

Date of Enactment or Last Substantive Amendment: 2017

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401

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