No. 40676 (New Rule): Rule R277-711. High Quality School Readiness Expansion

(New Rule)

DAR File No.: 40676
Filed: 08/15/2016 07:47:14 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new Rule R277-711 is in response to S.B. 101, High Quality School Readiness Program Expansion, from the 2016 General Session, which requires the Utah State Board of Education to make rules to administer a grant program for local education agencies (LEAs) and home-based technology providers.

Summary of the rule or change:

This new Rule R277-711 provides definitions, grant application timelines, and responsibilities for the State Superintendent and LEAs to develop a tool to determine whether or not a school readiness program is a high-quality program and eligible for additional money to expand access for students most at risk to enter school less ready than their peers.

Statutory or constitutional authorization for this rule:

• Section 53A-2-204
• Art X, Sec 3
• Section 53A-1-401

Anticipated cost or savings to:

the state budget:

Funding is provided by the 2016 Legislature, so there is likely no cost or savings to the state budget resulting from this new rule.

local governments:

Funding is provided by the 2016 Legislature, so there is likely no cost or savings to local government resulting from this new rule.

small businesses:

Funding is provided by the 2016 Legislature, so there is likely no cost or savings to small businesses resulting from this new rule.

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

Funding is provided by the 2016 Legislature, so there is likely no cost or savings to persons other than small businesses, businesses, or local government entities resulting from this new rule.

Compliance costs for affected persons:

LEAs will need to apply and be determined eligible to receive grant money, so there is likely no compliance costs for affected persons.

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

To the best of my knowledge, there should be no fiscal impact on businesses resulting from this new rule.

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:

10/03/2016

This rule may become effective on:

10/10/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-711. High Quality School Readiness Expansion.

R277-711-1. 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;

(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;

(c) Section 53A-1b-204, which requires the Board to make rules to:

(i) implement a grant program for LEAs to increase capacity in high-quality school readiness programs; and

(ii) create a tool to determine quality of a school readiness program; and

(d) Section 53A-1b-205, which requires the Board to make rules to implement a grant program for home-based technology programs to provide high-quality school readiness programs.

(2) The purpose of this rule is to:

(a) designate the tool for the Superintendent to use in determining if a school readiness program is high quality; and

(b) designate procedures for an LEA to apply to the Board to receive grant money.

 

R277-711-2. Definitions.

(1) "Eligible LEA" means an LEA that provides a school readiness program that the Superintendent has determined to be a high-quality program consistent with procedures established in this Rule.

(2) "Program" means the high-quality school readiness expansion program established in Title 53A, Chapter 1b, Part 2.

 

R277-711-3. Grant Applications - Timelines.

(1) The Superintendent shall:

(a) develop a grant application that allows an LEA to apply to participate in the program; and

(b) make the grant application available on the Board's website.

(2) An LEA may apply for a grant described in Section 53A-1b-204 by submitting an application to the Superintendent on or before the date published on the Board's website.

(3)(a) An LEA may notify the Superintendent of the LEA's intention to apply for a grant at any time.

(b) If an LEA intends to be considered for a grant for the upcoming school year, the LEA shall submit a letter of intent by the deadline established by the Superintendent and published on the Board's website.

(4) For each year the Superintendent is authorized to solicit grant applications, the Superintendent shall publish a timeline on the Board's website by March 1, including a date for the application release, and due dates for the LEA to submit required materials.

(5) The Superintendent shall evaluate each application using the tool described in Section R277-711-4 to determine if the applying LEA is an eligible LEA.

(6) The Superintendent shall notify an eligible LEA of successful receipt of a grant by July 1.

 

R277-711-4. Superintendent and LEA Responsibilities - Tool to Determine Quality of an LEA School Readiness Program.

(1) The Superintendent shall create a tool to determine whether or not an LEA school readiness program may be designated as high quality.

(2) The tool described in Subsection (1) shall consist of the following components:

(a)(i) the Early Childhood Environmental Rating Scale (ECERS) observational tool for an observer to rate a program through a site visit; or

(ii) another observational tool that the Superintendent trusts to be a reliable tool;

(b) an application from the LEA containing the high quality components described in 53A-1b-105; and

(c) an on-site visit and interview with the Superintendent's designated staff.

(3) The Superintendent shall establish a scoring rubric for how the application will be evaluated, and make the rubric available to applicants.

(4) The Superintendent shall maintain a list of state-funded high-quality school readiness programs operating in each LEA's geographic boundaries, which have been designated as high quality through use of the tool.

(5) The Superintendent shall provide for a flag in a student's data file to indicate the type of state-funded high-quality school readiness program that the student participated in.

(6)(a) The Superintendent may require an LEA that receives program money to develop a corrective action plan and successfully implement the corrective action plan if the LEA fails to:

(i) comply with statutory provisions or the requirements of this Rule;

(ii) meet expected goals; or

(iii) maintain all the high-quality elements of the school readiness program.

(b) If an LEA fails to successfully implement a corrective action plan described in Subsection (6)(a), the Superintendent may discontinue or reduce funding of program grant monies to the LEA.

(7) The Superintendent shall administer the grant program for home-based technology providers as provided in Section 53A-1b-205.

(8) The Superintendent shall administer and oversee the evaluation of the program as provided in Section 53A-1b-208.

 

KEY: grants, school readiness program

Date of Enactment of Last Substantive Amendment: 2016

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401; 53A-1b-204; 53A-1b-205

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