No. 31830 (Amendment): R277-464. Highly Impacted Schools

DAR File No.: 31830
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 increased oversight and procedural changes and additions.

Summary of the rule or change:

The changes to this rule include: 1) new language providing for increased oversight of highly impacted schools funds applications; 2) reallocation of funds from operating highly impacted schools within a school district to fund a newly designated highly impacted schools and to allow for changes in the designation of a highly impacted school; 3) application by a school/school district for a variance from the rule; and 4) increased Utah State Office of Education oversight, monitoring, final evaluation, and review for program compliance.

State statutory or constitutional authorization for this rule:

Subsections 53A-17a-121(2) 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 for this Program has not changed.

local governments:

There are no anticipated costs or savings to local government. Schools/school districts will continue to receive funding. The rule provides for increased Program oversight and for a variance to this rule in which funding is not a factor.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses and persons other than businesses. This rule and Program relate to public schools/school districts only.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Although the changes do provide for increased oversight, schools/school districts will continue to administer the Program 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.

R277-464. Highly Impacted Schools.

R277-464-3. Applications and Distribution of Funds.

A. Awards shall be made to individual schools and funds allocated to school districts or charter schools shall be fully distributed to designated schools.

B. Applications shall be provided through the USOE.

C. Schools shall be selected for funding based on an analysis of the eligibility factors designated in Section 53A-15-701(2)(a). Those factors shall be equally weighted.

(1) Beginning with the FY 2009 funding cycle, statistics for school eligibility determination and allocations shall be based on the latest available data from the Year End upload of the Data Clearinghouse consistent with the funding schedule, except for the single parent status statistic, which shall be derived from Census Bureau data sources.

(2) Schools may use funds for learning programs identified by the school, if the school provides:

(a) goals;

(b) activities; and

(c) outcomes, consistent with the proposed activities that are directly tied to the school's plan to increase student achievement.

(2) Each school selected for funding shall receive a base allocation.

D. Based on available funds, schools shall be funded on a three-year funding cycle, beginning in FY 2009.

E. In the event of closure of a school funded under this rule, the school district to which the school belongs may designate another school within the school district as highly impacted.

(1) A school district may reallocate funds from operating highly impacted schools within the school district to fund a newly designated highly impacted school; the reallocation shall be accomplished consistent with the standards, procedures and timelines of this rule.

([1]2) In designating a new or different highly impacted school within the school district, the school district cannot exceed its total original number of highly impacted schools by more than one school per three-year funding cycle.

([2]3) [The school district shall provide a rationale for designating the new school as highly impacted using the criteria under]In requesting to change the designation of a school or in adding one additional highly impacted school within a school district, the school district has the burden of demonstrating a rationale to the USOE for the change consistent with the criteria of Section 53A-15-701(2).

([3]4) The student at-risk factors in [the]a newly designated school or in a realigned school shall be comparable to the at-risk factors in [the closed school]other highly impacted schools within the school district.

([4]5) [A school district may not divert funds from operating highly impacted schools within the school district to fund a newly designated highly impacted school.]In realigning highly impacted schools within a school district or adding one additional school, the school district shall not receive additional funding for highly impacted schools from other school districts.

(6) School districts that desire to realign schools within the school district to change or add designated schools shall notify the USOE of changes in school boundaries or newly designated schools no later than June 1 of the year before funding is expected.

(7) Recommendations and decisions by school districts and the Board to realign highly impacted school boundaries or designate new schools as highly impacted shall retain the focus of the appropriation and this rule on schools that serve students who meet the highly impacted criteria.

F. The school district shall provide an application for reallocating highly impacted funds from a closed school to a different school within the school district prior to the school district distributing the funds to the newly designated school. Failure to properly apply to the USOE in a timely manner for reallocation of highly impacted funding from a closed school to a newly designated school within the school district may result in recapture of funds from the school district or the newly designated school by the USOE.

G. Schools receiving funding shall be notified by June 30.

H. Variances - School districts and charter schools may apply for a variance to this rule provided the school district or charter school:

(1) maintains the focus on schools;

(2) does not disadvantage other school districts or charter schools that receive highly impacted schools funding; and

(3) requests the variance in writing within required timelines.

 

R277-464-4. Oversight Monitoring, Evaluation and Reports.

A. The Board may designate no more than two percent of the total appropriation for highly impacted schools to be used specifically by the USOE for oversight, monitoring and final evaluation of highly impacted schools and their compliance with the law and this rule.

B. Each school selected for funding shall be required to submit an annual evaluation report to the USOE consistent with Section 53A-15-701(6)(a).

 

KEY: students at risk

Date of Enactment or Last Substantive Amendment: [July 9, 2007]2008

Notice of Continuation: July 6, 2005

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-17a-121(2); 53A-1-401(3); 53A-15-701(3); 53A-15-701(2)(a)