No. 42702 (Amendment): Rule R277-746. Driver Education Programs for Utah Schools

(Amendment)

DAR File No.: 42702
Filed: 03/15/2018 05:12:19 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

These rule changes strike the section on standards and procedures, and incorporates by reference the USBE's Driver Education Manual. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies.

Summary of the rule or change:

These rule changes strike the section on standards and procedures, and incorporates by reference the USBE's Driver Education Manual. Currently the manual is a draft version being updated for recodification changes. The manual is anticipated to be approved and finalized at the May Board meeting. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule was due for its five-year review and continuation. The Utah State Board of Education (USBE) has reviewed this rule and determined that it continues to be necessary.

Statutory or constitutional authorization for this rule:

• Art X Sec 3
• Subsection 53G-10-502(4)
• Subsection 53E-3-401(4)

This rule or change incorporates by reference the following material:

• Adds Utah Driver Education Law and Policy, published by Utah State Board of Education, 2018

Anticipated cost or savings to:

the state budget:

These rule changes are not estimated to have a fiscal impact on the state budget because it deals with driver education programs in Utah public schools and does not require any expenditures.

local governments:

These rule changes are not estimated to have a fiscal impact on local governments because it deals with driver education programs in Utah public schools and does not require any expenditures.

small businesses:

These rule changes are not estimated to have a fiscal impact on small businesses because it deals with driver education programs in Utah public schools and does not require any expenditures.

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

These rule changes are not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities because it deals with driver education programs in Utah public schools and does not require any expenditures.

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:

These rule changes are not estimated to have a fiscal impact. There are 1,226 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with driver education programs in Utah public schools and does not require any expenditures or generate any revenues for large businesses. This rule was due for its five-year review and continuation. The Utah State Board of Education (USBE) has reviewed this rule and determined that it continues to be necessary. These rule changes strike the section on standards and procedures, and incorporates by reference the USBE's Driver Education Manual. Currently, the manual is a draft version being updated for recodification changes. The manual is anticipated to be approved and finalized at the May Board meeting. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes are not expected to have a fiscal impact on LEAs either as it mainly provides technical and stylistic changes.

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:

05/01/2018

This rule may become effective on:

05/08/2018

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

 

*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: Regulatory Impact to Non - Small Businesses

These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with driver education programs in Utah public schools and does not require any expenditures of or generate any revenues for large businesses.

 

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.

R277-746. Driver Education Programs for Utah Schools.

[ R277-746-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "USOE" means the Utah State Office of Education.

]

R277-746-[2]1. Authority and Purpose.

[A.](1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision of public education in the Board[,];

(b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(c) Subsection [53A-13-201(4)]53G-10-502(4), which directs the Board to prescribe rules for driver education classes in the public schools[and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities].

[B.](2) The purpose of this rule is to incorporate by reference the Board's Driver Education manual, which [specify]specifies standards and procedures for local school districts conducting automobile driver education.

 

R277-746-2. Incorporation by Reference of Driver Education Manual.

(1) This rule incorporates by reference Driver Education for Utah High Schools - Organization, Administration and Standards, Revised February 2018, which outlines statutory requirements and Board procedures for administering an automobile driver education program.

(2) A copy of the manual is located at:

(a) https://www.schools.utah.gov/curr/drivered; and

(b) the offices of the Utah State Board of Education.

[

R277-746-3. Standards and Procedures.

A. Local school boards and school districts shall comply with DRIVER EDUCATION FOR UTAH HIGH SCHOOLS ORGANIZATION, ADMINISTRATION, AND STANDARDS, Revised, August, 2011, as required by R277-100-5C, and available from the USOE Driver Education Specialist and at all school district offices.

B. The Board shall act in accordance with DRIVER EDUCATION FOR UTAH HIGH SCHOOLS ORGANIZATION, ADMINISTRATION, AND STANDARDS, Utah State Office of Education, Revised, August, 2011, to determine and evaluate standards and operating procedures for automobile driver education programs conducted by local school districts.]

 

KEY: driver education

Date of Enactment or Last Substantive Amendment: [November 8, 2011]2018

Notice of Continuation: April 8, 2013

Authorizing, and Implemented, or Interpreted Law: [53A-13-201(4)]53G-10-502(4); [53A-1-401(3)]53E-3-401(4)

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