No. 31829 (Amendment): R277-436. Gang Prevention and Intervention Programs in the Schools

DAR File No.: 31829
Filed: 08/14/2008, 03:45
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide maximum funding for gang prevention programs that serve students. The amendments are based upon recommendations by the State Gang Prevention Intervention Steering Committee.

Summary of the rule or change:

Amendments require a 10 percent cap on the amount of funds Local Education Agencies (LEAs) can use for program administration oversight, professional development, and technical services; and additional clarifications.

State statutory or constitutional authorization for this rule:

Subsections 53A-1-402(1)(e)(i) and 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The funding to schools/school districts will continue in the same manner.

local governments:

There may be some costs to schools/school districts for administrative oversight, professional development, and technical services because of the 10 percent cap for these purposes. Schools/school districts will absorb any costs with existing staff and within existing budgets. Possible increased costs are too speculative to determine.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses and persons other than businesses. This program is specific to public education.

Compliance costs for affected persons:

There may be some costs to schools/school districts for compliance with this rule for program administration. Schools/school districts will absorb any costs with existing staff and within existing budgets.

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:

10/01/2008

This rule may become effective on:

10/08/2008

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-436. Gang Prevention and Intervention Programs in the Schools.

R277-436-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and authority over public education in the Board, by Section 53A-1-40[1(4)]2(1)(e)(i) which directs the Board to adopt rules and minimum standards mandating school productivity and cost effective measures, Section 53A-15-601 which appropriates funds to be used for Gang Prevention and Intervention Programs in the Schools, allows the Board to develop an application process, and to distribute funds, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to establish standards and procedures for distributing funding for gang prevention and intervention programs in the schools.

 

R277-436-3. Application and Distribution of Funds.

A. Awards shall be made to individual schools and funds allocated to school districts to distribute to designated schools.

B. School districts may submit a single district-wide application for one or more schools within the district. The application shall:

(1) provide for distribution of funds to individual schools;

(2) require individual schools included within the application to satisfy criteria designated in law and rule; and

(3) provide explanations of program variation from school to school, if any.

C. School districts may utilize up to ten percent of their funding under the rule for the following specific purposes:

(1) administrative oversight;

(2) professional development for licensed and non-licensed employees who work directly in gang prevention/intervention activities; and

(3) professional and technical services.

[C]D. Applications shall be provided by the USOE.

[D]E. Schools shall submit applications to the Director of Services for At Risk Students or designee who shall make final funding recommendations to the USOE Finance Committee by June 30 of the year prior to the fiscal year in which the money is available.

[E]F. Applicants shall provide evidence and intent of their ability to supply the required school contribution percentage as designated in 53A-15-601(5).

[F]G. In kind services shall be provided consistent with Section 53A-15-601(5) and R277-436-1G.

[G]H. Awards per school shall be based on funds available and specific funding limits [shall]may be prescribed in the application provided by the USOE.

[H]I. Schools may submit joint applications.

[I]J. Priority shall be given to applications reflecting interagency and intra-agency collaboration.

[J]K. Projects receiving funding shall be notified by July 1.

[K]L. Schools or joint school applications that were funded and complied with all requirements of law and rule may reapply in subsequent years using an abbreviated application form provided by the USOE At-Risk Director or designee.

[L]M. The USOE may retain up to five percent of the annual legislative appropriation for the following specific purposes:

(1) an amount not to exceed 2.5 percent for:

(a) site visits; and

(b) inservice professional development, as determined and guided by the USOE.

(2) an amount not to exceed 2.5 percent for:

(a) administrative oversight; and

(b) statewide coordination training.

 

R277-436-6. Waivers.

The Superintendent may grant a written request for a waiver of a requirement or deadline which a district finds unduly restrictive.[ The waiver shall be consistent with the Utah Public Education Strategic Plan, January 1992, pages 17 and 21, or the express purpose of this rule.]

 

KEY: public schools, disciplinary problems, students at risk, gangs

Date of Enactment or Last Substantive Amendment: [April 15, 1999]2008

Notice of Continuation: June 4, 2003

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(4); 53A-15-601; 53A-1-401(3)