No. 42481 (Amendment): Rule R277-490. Beverley Taylor Sorenson Elementary Arts Learning Program (BTSALP)

(Amendment)

DAR File No.: 42481
Filed: 01/16/2018 04:30:17 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-490 is amended to make technical changes. This amendment also adds that the Superintendent shall determine the exact percentage awarded following review of available program funding and exact costs for continuing programs.

Summary of the rule or change:

This rule amendment to Rule R277-490 makes technical changes and adds that the Superintendent shall determine the exact percentage awarded following a review of available program funding and exact costs for continuing programs. The Superintendent may also not award funds to a local education agencies for a new program specialist unless program funding can provide 80% funding for all continuing grants.

Statutory or constitutional authorization for this rule:

• Section 53A-1-401
• Section 53A-17a-162
• Art X Sec 3

Anticipated cost or savings to:

the state budget:

This rule amendment is not estimated to have a fiscal impact on the state budget. This rule is amended to provide technical, conforming, and stylistic changes.

local governments:

This rule amendment is not estimated to have a fiscal impact on local governments. This rule is amended to provide technical, conforming, and stylistic changes.

small businesses:

This rule amendment is not estimated to have a fiscal impact on small businesses. This rule is amended to provide technical, conforming, and stylistic changes.

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

This rule amendment is not estimated to have a fiscal impact on small businesses, businesses, or local government entities. This rule is amended to provide technical, conforming, and stylistic changes.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

This rule amendment to Rule R277-490 is not estimated to have a fiscal impact. Amendments to Rule R277-490 make technical changes and add that the Superintendent shall determine the exact percentage awarded following a review of available program funding and exact costs for continuing programs. The Superintendent may also not award funds to a local education agencies for a new program specialist unless program funding can provide 80% funding for all continuing grants.

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:

03/05/2018

This rule may become effective on:

03/12/2018

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

The head of the Utah State Board of Education, Sydnee Dickson, has reviewed and approved this fiscal analysis.

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Fiscal Impact Analysis

 

This rule change (R277-490) is not estimated to have a fiscal impact. It makes technical changes. The rule changes also add that the Superintendent shall determine the exact percentage awarded following review of available program funding and exact costs for continuing programs. The Superintendent also may not award funds to a local education agencies for a new program specialist unless program funding provides 80 percent funding for all continuing grants. These changes will not have a fiscal impact.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

R277-490. Beverley Taylor Sorenson Elementary Arts Learning Program (BTSALP).

R277-490-1. 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; and

(c) Section 53A-17a-162, which directs the Board to establish a grant program for LEAs to hire qualified arts professionals to encourage student participation in the arts in Utah public schools and embrace student learning in Core subject areas.

(2) The purpose of this rule is:

(a) to implement the BTSALP model in public schools through LEAs and consortia that submit grant applications to hire arts specialists who are paid on the licensed teacher salary schedule;

(b) to distribute funds to LEAs to purchase supplies and equipment as provided for in Subsections 53A-17a-162(4) and (6);

(c) to fund activities at endowed universities to provide pre-service training, professional development, research, and leadership for arts educators and arts education in Utah public schools; and

(d) to appropriately monitor, evaluate, and report programs and program results.

 

R277-490-2. Definitions.

(1) "Arts equipment and supplies" includes musical instruments, recording and play-back devices, cameras, projectors, computers to be used in the program, CDs, DVDs, teacher reference books, and art-making supplies.

(2) "Arts Program coordinator" or "coordinator" means an individual, employed full-time, who is responsible to:

(a) coordinate arts programs for an LEA or consortium;

(b) inform arts teachers;

(c) organize arts professional development including organizing arts local learning communities;

(d) oversee, guide, and organize the gathering of assessment data;

(e) represent the LEA or consortium arts program; and

(f) provide general leadership for arts education throughout the LEA or consortium.

(3) "Beverley Taylor Sorenson Elementary Arts Learning Program model," "BTSALP model," or "Program" means a program in grades K-6 with the following components:

(a) a qualified arts specialist to work collaboratively with the regular classroom teacher to deliver quality, sequential, and developmental arts instruction in alignment with the state [F]fine [A]arts [C]core [Curriculum]standards;

(b) regular collaboration between the classroom teacher and arts specialist in planning arts integrated instruction; and

(c) other activities that may be proposed by an LEA on a grant application and approved by the Board.

(4) "Endowed university" means an institution of higher education in the state as defined in Subsection 53A-17a-162(1)(b).

(5) "Highly qualified school arts program specialist" or "arts specialist" means:

(a) an educator with:

(i) a current educator license; and

(ii) a Level 2 or K-12 specialist endorsement in the art form;

(b) an elementary classroom teacher with a current educator license who is currently enrolled in a Level 2 specialist endorsement program in the art form;

(c) a professional artist employed by a public school and accepted into the Board Alternative Routes to License (ARL) program under Rule R277-503 to complete a K-12 endorsement in the art form, which includes the Praxis exam in the case of art, music, or theatre; or

(d) an individual who qualifies for an educator license under Board rule that qualifies the individual for the position provided that:

(i) an LEA provides an affidavit verifying that a reasonable search was conducted for an individual who would qualify for an educator license through other means; and

(ii) the LEA reopens the position and conducts a new search every two years.

(e) In addition to required licensure and endorsements, prospective teachers should provide evidence of facilitating elementary Core learning in at least one art form.

(6) "Matching funds" means funds that equal at least 20% of the total costs for salary plus benefits incurred by an LEA or consortium to fund the LEA or consortium's arts specialist.

 

R277-490-3. Arts Specialist Grant Program - LEA Consortium.

(1) LEAs may form a consortium to employ arts specialists appropriate for the number of students served.

(2) An LEA or a consortium of LEAs may submit a grant request consistent with time lines provided in this rule.

(3) An LEA or a consortium shall develop its proposal consistent with the BTSALP model outlined under R277-490-2(3).

(4) A consortium grant request shall explain the necessity or greater efficiency and benefit of an arts specialist serving several elementary schools within a consortium of LEAs.

(5) A consortium grant shall explain a schedule for each specialist to serve the group of schools within several of the LEAs similarly to an arts specialist in a single school.

(6) A consortium grant request shall provide information for a consortium arts specialist's schedule that minimizes the arts specialist's travel and allows the arts specialist to be well integrated into several schools.

(7) An LEA's grant application shall include the collaborative development of the application with the LEA's partner endowed university and School Community Councils if matching funds come from School LAND Trust Funds.

 

R277-490-4. Arts Specialist Grant Program Timelines.

(1) An LEA or a consortium shall complete a program grant application annually.

(2) The Board shall grant funding priority to renewal applications.

(3) An LEA or consortium shall submit a completed application requesting funding to the Superintendent by May 1 annually.

(4) The Board shall designate an LEA or a consortium for funding no later than June 1 annually.

 

R277-490-5. Distribution of Funds for Arts Specialist.

(1) A program LEA or consortium shall submit a projection of salaries, including benefits, of all program specialists the LEA or consortium expects to employ in the coming school year by May 1 annually.

([1]2) A program LEA or consortium shall submit complete information of salaries, including benefits, of all program specialists employed by the LEA or consortium no later than September 30 annually.

([2]3) (a) If a program LEA or consortium provides matching funds, the Superintendent shall distribute funds to program grant recipients annually [equal] up to 80% of the salaries plus benefits for approved hires in the program, and not to exceed the amount projected in accordance with Subsection (1), consistent with Subsections 53A-17a-162(5) and(6).

(b) The Superintendent shall determine the exact percentage awarded following review of available program funding and exact costs for continuing programs.

(c) The Superintendent may not award funds to an LEA for a new program specialist unless program funding provides 80% funding for all continuing grants.

([3]4)[(a) An individual program specialist grant amount may not exceed $70,000 in FY 2016.

(b)] The Superintendent shall annually set the upper limit on [the]a grant amount , which may [shall adjust each year at the same rate as]not exceed the increase in the WPU.

([4]5) A grant recipient shall provide matching funds for each specialist funded through the program.

 

R277-490-6. Distribution of Funds for Arts Specialist Supplies.

(1) The Board shall distribute funds for arts specialist supplies to an LEA or consortium as available.

(2) A grant recipient shall distribute funds to participating schools as provided in the approved LEA or consortium grant and consistent with LEA procurement policies.

(3) A grant recipient shall require arts specialists to provide adequate documentation of arts supplies purchased consistent with the grant recipient's plan, this rule, and the law.

(4) Summary information about effective supplies and equipment shall be provided in the school or consortium evaluation of the program.

 

R277-490-7. LEA or Consortium Employment of Arts Coordinators.

(1)(a) An LEA or consortium may apply for funds to employ arts coordinators in the LEA or consortium.

(b) These are intended as small stipends for educators who are already employed in rural districts to help support arts education and the implementation of BTSALP.

(2) An applicant shall explain:

(a) how an arts coordinator will be used, consistent with the BTSALP model;

(b) what requirements an arts coordinator must meet; and

(c) what training will be provided, and by whom.

(3) The Superintendent shall notify an LEA that receives a grant award no later than June 1 annually.

 

R277-490-8. Endowed University Participation in the BTSALP.

(1) The Superintendent may consult with endowed chairs and integrated arts advocates regarding program development and guidelines.

(2) An endowed university may apply for grant funds to fulfill the purposes of this program, which include:

(a) delivery of high quality professional development to participating LEAs;

(b) the design and completion of research related to the program;

(c) providing the public with elementary arts education resources; and

(d) other program related activities as may be included in a grant application and approved by the Board.

(3) An endowed university grant application shall include documentation of collaborative development of a plan for delivery of high quality professional development to participating LEAs.

(4) The Superintendent shall determine the LEAs assigned to each endowed university.

(5) The Board may award no more than 10% of the total legislative appropriation for grants to endowed universities.

(6) The Superintendent shall monitor the activities of the grantees to ensure compliance with grant rules, fulfillment of grant application commitments, and appropriate fiscal procedures.

(7) An endowed university shall cooperate with the Superintendent in the monitoring of its grant.

(8) An endowed university that receives grant funds shall consult, as requested by the Superintendent, in the development and presentation of an annual written program report as required in statute.

 

R277-490-9. LEAs Cooperation with the Superintendent for BTSALP.

(1) A BTSALP staff member may visit a school receiving a grant to observe implementation of the grant.

(2) A BTSALP school shall cooperate with the Superintendent to allow visits of members of the Board, legislators, and other invested partners to promote elementary arts integration.

(3) An LEA shall accurately report the number of students impacted by the program grant and report on the delivery systems to those students as requested by the Superintendent.

(4)(a) An LEA found to be out of compliance with the terms of the grant will be notified within 30 days of the discovery of non-compliance.

(b) An LEA found to be in non-compliance will be given 30 days to correct the issues.

(c) If non-compliance is not resolved within that time frame, an LEA is subject to losing the grant funds for the school or schools found to be non-compliant.

 

KEY: arts programs, endowed universities, grants, public schools

Date of Enactment or Last Substantive Amendment: [August 11, 2016]2018

Notice of Continuation: June 10, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401; 53A-17a-162

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