No. 43683 (Amendment): Rule R277-493. Kindergarten Supplemental Enrichment Program

(Amendment)

DAR File No.: 43683
Filed: 04/30/2019 03:23:26 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-493 has been amended to provide high standards to local education agencies (LEAs), which must share in a limited pool of available funding.

Summary of the rule or change:

The amendments to Section R277-493-4 provide greater specificity of the criteria by which an LEA receiving funding through the kindergarten supplemental enrichment program will be judged.

Statutory or constitutional authorization for this rule:

• Article X Section 3
• Subsection 53F-4-205(7)
• Subsection 53E-3-401(4)

Anticipated cost or savings to:

the state budget:

These rule change are not expected to have a fiscal impact on state government revenues or expenditures. These rule changes provide greater specificity of the criteria by which a LEA receiving funding through the kindergarten supplemental enrichment program will be judged. These amendments are intended to provide high standards to LEAs, which must share in a limited pool of available funding. Eligible schools that received program funds for the 2018-19 school year may reapply to receive program funds for the 2019-20 school year if the eligible school performs better than the state average in at least three of the four performance measures outlined in Subsection R277-493-4(1). An eligible school that does not meet the performance standards outlined in Subsection R277-493-4(2)(a) may not apply for program funds for the 2019-20 school year. The funding for the program remains the same so this change will not have a fiscal impact.

local governments:

These rule changes may have a fiscal impact on local governments' revenues or expenditures. These rule changes provide greater specificity of the criteria by which a LEA receiving funding through the kindergarten supplemental enrichment program will be judged. These amendments are intended to provide high standards to LEAs, which must share in a limited pool of available funding. Eligible schools that received program funds for the 2018-19 school year may reapply to receive program funds for the 2019-20 school year if the eligible school performs better than the state average in at least three of the four performance measures outlined in Subsection R277-493-4(1). An eligible school that does not meet the performance standards outlined in Subsection R277-493-4(2)(a) may not apply for program funds for the 2019-20 school year. The overall funding for the program remains the same. However, depending on student performance, some LEAs currently receiving funding may not be eligible for funding for the 2019-2020 school year. Performance data is not available yet so the specific fiscal impact to LEAs cannot be estimated yet.

small businesses:

These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to the kindergarten supplemental enrichment program which is a state program funded from the Education Fund and Temporary Assistance for Needy Families (TANF) Reserve funds, and thus does not apply to small businesses.

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

These rule changes are not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures. This rule applies to the kindergarten supplemental enrichment program which is a state program funded from the Education Fund and TANF Reserve funds, and thus does not apply to other individuals.

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:

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). These rule changes have no fiscal impact on LEAs and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis.

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 801-538-7550, 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:

06/14/2019

This rule may become effective on:

06/21/2019

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

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 in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). Thus, this rule change is not expected to have any fiscal impact on non-small businesses' revenue or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenues for large businesses.

 

The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

R277-493. Kindergarten Supplemental Enrichment Program.

R277-493-1. 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) 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.

(c) Subsection 53F-4-205(7), which directs the Board to adopt rules to implement the kindergarten supplemental enrichment program.

(2) The purpose of this rule is to make rules to establish reporting procedures and administer [Section 53F-4-205 K]the kindergarten [S]supplemental [E]enrichment [P]program established in Section 53F-4-205.

 

R277-493-2. Definitions.

(1)(a) "Eligible school" has the same meaning as defined in Subsection 53F-4-205.

(b) "Eligible school" does not include a school that receives funds under Section 53F-2-507, Enhanced kindergarten early intervention program.

(2) "Kindergarten supplemental enrichment program" has the same meaning as defined in Subsection 53F-4-205.

 

R277-493-3. Program Administration.

(1) An LEA with an eligible school may apply for kindergarten supplemental enrichment program funds by filing a grant application following a form approved by the Superintendent no later than May 15 annually.

(2) An application filed in accordance with Subsection (1) shall include:

(a) evidence of an eligible school's overall need for a kindergarten supplemental enrichment program based on the results of the eligible school's current kindergarten entry assessments and programming;

(b) a description of how the eligible school will use the Board approved uniform entry assessment to determine which students to target for the kindergarten supplemental enrichment program;

(c) a description of how the eligible school's program will coordinate with the Superintendent and LEA personnel to meet the annual reporting requirements of this rule;

(d) a description of how the eligible school will use funds to meet the requirements of Subsection 53F-4-205(4);

(e) if an eligible school is applying based on their percentage of students experiencing intergenerational poverty, a description of the learning strategies the school will employ to design and implement a program that is developed with the unique needs of students experiencing intergenerational poverty in mind; and

(f) other information as requested by the Superintendent.

(3)(a) If an eligible school has previously received funding through the kindergarten supplemental enrichment program, an application under Subsection (1) shall also include data from Board entry and exit exams to establish success in changing student outcomes in comparison to similarly situated peers who weren't able to receive the benefit of the kindergarten supplemental enrichment program.

(b) If an LEA submits a renewal application for a school that has previously been deemed eligible and received funding through the kindergarten supplemental enrichment program, the Superintendent may continue to deem the school as eligible based on the school's eligibility described in Subsection 53F-4-205(1)(b) from its initial application year.

(4) The Superintendent shall recommend distribution of funds by the Board in accordance with Subsection 53F-4-205(2).

(5) An eligible school that receives kindergarten supplement enrichment program funds shall comply with the assessment and reporting requirements of Section R277-489-[5]3.

(6) The Superintendent shall require an eligible school that receives funds in accordance with this rule to demonstrate compliance with federal supplanting requirements.

 

R277-493-4. Eligibility to Apply for 2019-20 School Year Grant Funds.

(1) The Superintendent shall review data gathered from 2018-19 kindergarten entry and exit assessments to determine the following performance measures:

(a) average percentage of students state-wide with increases in literacy scores;

(b) average percentage of students state-wide with increases in numeracy scores;

(c) average percentage of students state-wide with decreases in literacy scores;

(d) average percentage of students state-wide with decreases in numeracy scores;

(2)(a) An eligible school that received program funds for the 2018-19 school year may reapply to receive program funds for the 2019-20 school year if the eligible school performs better than the state average in at least three of the four performance measures outlined in Subsection (1).

(b) An eligible school that does not meet the performance standards outlined in Subsection (2)(a) may not apply for program funds for the 2019-20 school year.

 

KEY: kindergarten, supplementals, enrichments

Date of Enactment or Last Substantive Amendment: [June 7, 2018]2019

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53F-4-205(7)

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