No. 30331 (Amendment): R277-477-3. Distribution of Funds - Determination of Proportionate Share

DAR File No.: 30331
Filed: 08/15/2007, 03:15
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This section is amended to make the criteria for charter schools applying for School LAND Trust Program funds consistent with the criteria provided for in Rule R277-470, Charter Schools.

Summary of the rule or change:

The amended section provides for a committee consisting of a majority of parents designated to make decisions when applying for School LAND Trust Program funds.

State statutory or constitutional authorization for this rule:

Subsection 53A-16-101.5(3)(c)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The changes apply to charter schools and provide criteria for composition of the committee designated to make decisions about the School LAND Trust funds.

local governments:

The changes provide criteria for charter schools for composition of the committee designated to make decisions about the School LAND Trust funds. The potential amendment to the composition of the committee does not involve any cost or savings.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses and other persons. The changes apply to charter schools and provide criteria for composition of the committee designated to make decisions about the School LAND Trust funds.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The changes provide criteria for charter schools for composition of the committee designated to make decisions about the School LAND Trust funds. Complying with the amended rule should not result in any cost.

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:

10/01/2007

This rule may become effective on:

10/08/2007

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-477. Distribution of Funds from the School Trust Lands Account and Implementation of the School LAND Trust Program.

R277-477-3. Distribution of Funds -- Determination of Proportionate Share.

A. Funds shall be distributed to school districts and charter schools as provided under Section 53A-16-101.5(3)(a). The distribution shall be based on the state's total fall enrollment as reflected in the audited October 1 Fall Enrollment Report from the previous school year.

B. Each school district and the USOE, with regard to charter schools and the USDB, shall distribute funds received under R277-477-3A to each school on an equal per student basis.

C. Local school boards and the USOE may adjust distributions, maintaining an equal per student distribution for school openings and closures and for boundary changes occurring after the audited October 1 Fall Enrollment Report of the prior year.

D. All public non-charter schools receiving funds shall have a school community council [or a board designated to make school community council decisions, including elected parent members whose membership rotates, ]as required by Sections 53A-1a-108 [and 53A-1a-511(4)(a)], and a current school plan for enhancing or improving academic excellence consistent with Section 53A-16-101.5 approved by the local school board[ or State Charter School Board for state chartered schools].

E. All charter schools shall have a committee consisting of a majority of parents elected from parents of students currently attending the charter school that is designated to make decisions about the School LAND Trust funds, and a current school plan for enhancing or improving academic excellence consistent with Section 53A-16-101.5 approved by the State Charter School Board for state chartered schools.

[E]F. The plan shall be electronically submitted to the USOE on the School LAND Trust website.

[F]G. All charter schools shall be considered collectively as a school district to receive a base amount under Section 53A-16-101.5(3)(a)(i).

[G]H. The USDB shall receive the average statewide per pupil base amount as the school's base allocation.

[H]I. In order to receive its allocation, a school shall satisfy the requirements of Section 53A-16-101.5(4-7).

[I]J. Plans shall include specific academic goals, steps to meet those goals, measurements to assess improvement and specific expenditures to implement plans that may include purchase of workbooks, textbooks, professional development, computer hardware and software, library and media supplies, or supplement funding for aides, teachers and specialists, and other tools for student academic improvement consistent with Section 53A-16-101.5(5).

[J]K. Income from the Interest and Dividends Account shall be distributed to school districts after the close of the state fiscal year as the USOE receives the funds in the Interest and Dividends Account within the Uniform School Fund.

[K]L. Each school board shall ensure timely distribution of the funds to eligible schools.

[L]M. In a year-end report, each local board shall provide to the USOE:

(1) the names of schools and the funds distributed under this rule;

(2) required school plan information as designated in R277-477-4;

(3) a list of 10 percent of the district schools, or five schools implementing exemplary plans to be used to inform the public;

(4) the date on which funds were made available to each school; and

(5) the local school board of education meeting date(s) when School LAND Trust plans were approved.

[M]N. Funds not used in the school approved plan may be carried over by the school to the next school year and added to the School LAND Trust Program funds available for expenditure in that school the following year. Schools shall provide an explanation for any carry over that exceeds one-half of the school's allocation in the school plan or report.

[N]O. Funds from the School LAND Trust Program that are expended inconsistent with the requirements and academic intent of the law or inconsistent with the original school board/charter board approval shall be withheld by the USOE in subsequent years until the misappropriated funds have been restored.

[O]P. Schools serving only youth in custody may form committees and submit plans to the district serving the students. Youth in custody schools shall receive the same per pupil distribution as other schools in the district providing services.

[P]Q. Plans submitted by schools chartered by the State Charter School Board shall be reviewed and approved by each charter school governing body and then submitted to the State Charter School Board for final approval.

[Q]R. Plans submitted by schools chartered by local school boards shall be reviewed and approved by the charter school and then submitted to the local school board for approval.

[R]S. Plans submitted by the USDB governing board shall be reviewed and approved by the State Superintendent or designee.

 

KEY: schools, trust lands funds

Date of Enactment or Last Substantive Amendment: [March 6, 2006]2007

Notice of Continuation: November 23, 2005

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-16-101.5(3)(c); 53A-1-401(3)