No. 31441 (Amendment): R277-471. Oversight of School Inspections

DAR File No.: 31441
Filed: 05/15/2008, 03:08
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide for stronger and more specific monitoring and penalties for school districts and charter schools that fail to meet filing deadlines of construction inspection reports due to the Utah State Office of Education and to local municipal and county building officials. The amended rule also provides for an appeals procedure for school district and charter schools if fines are assessed.

Summary of the rule or change:

This amended rule provides for stronger and more specific enforcement provisions for school districts and charter schools that fail to meet filing deadlines of school construction inspection reports to the Utah State Office of Education and to local municipal and county building officials. The amended rule also provides for an appeals procedure for school districts and charter schools that are fined.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The enforcement provisions provide monetary consequences to school districts and charter schools. The procedures will be carried out by the Utah State Office of Education at no additional cost to the state.

local governments:

There may be costs to some school districts and charter schools that fail to submit construction inspection reports by required deadlines. Costs are too speculative to predict at this time.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses and persons other than businesses. The amendments to the rule involve public school districts and charter schools.

Compliance costs for affected persons:

There may be compliance costs in the form of fines to school districts and charter schools who fail to submit school construction inspection reports by required deadlines. Costs are too speculative to predict at this time.

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:

07/01/2008

This rule may become effective on:

07/08/2008

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-471. Oversight of School Inspections.

R277-471-9. Enforcement.

A. School districts and charter schools which fail to comply with the provisions of this rule are subject to interruption of state aid dollars by the Board in accordance with Section 53A-1-401(3) and 53A-17a-144(4)(d).

(1) If a school district or charter school fails to meet or satisfy a school construction inspection requirement or timeline designation under this rule, the school district superintendent or local charter school director shall receive notice by certified mail; and

(2) If after 30 days the requirement has not been met, the USOE shall interrupt the Minimum School Program fund transfer process to the following extent:

(a) 10 percent of the total monthly Minimum School Program transfer amount the first month;

(b) 25 percent in the second month; and

(c) 50 percent in the third and subsequent months.

B. If the USOE interrupted the Minimum School Program fund transfer process, the USOE shall:

(1) upon receipt of confirmation that the proper inspection(s) has (have) taken place or upon receipt of a late report, restart the transfer process within the month (if the confirmation or report is submitted before the tenth working day of the month) or in the following month (if the confirmation or report is submitted after 10:00 a.m. on or after the tenth working day of the month); and

(2) inform the appropriate Board Committee at its next regularly scheduled Committee meeting; and

(3) inform the chair of the local governing board if the school district superintendent or charter school director is not responsive in correcting ongoing school construction inspection and reporting problems.

C. A nonrefundable fine in the amount of one half of one percent of the total construction costs shall be assessed school districts and charter schools that fail to report new or remodeling projects to USOE that exceed $99,999 before construction begins.

(1) Nonrefundable fine amounts shall be deducted from the respective school district's and charter school's Minimum School Program allotment at a rate sufficient to complete collection of the nonrefundable fine by the end of the current fiscal year.

(a) School district nonrefundable fine amounts collected by USOE shall be deposited into the School Building Revolving Account; and

(b) charter school nonrefundable fine amounts collected by USOE shall be deposited into the Charter School Building Subaccount within the School Building Revolving Account.

[B]D. Violation of any land use regulation and the substantive provisions of all Codes is a class C misdemeanor and may be subject to further civil penalties, as established by local ordinance.

 

R277-471-10. Appeals Procedure for Nonrefundable Fines.

A. School districts or local charter school boards may appeal a fine assessed under R277-471-9C consistent with the following:

(1) A fine may not be appealed until a final administrative decision has been made to assess the fine by the USOE and the fine has been affirmed by the Board.

(2) A district superintendent on behalf of a local school board or a local charter board chair on behalf of a local charter school board may appeal an assessed fine by filing an appeal form provided on the USOE website.

(3) The appeal must be filed within 10 business days of final affirmation of USOE action/withholding by the Board.

(4) The appeal shall be delivered or provided electronically to the USOE as provided by the appeal form.

(5) The appeal form shall require an explanation of unanticipated or compelling circumstances that resulted in local board's or charter school's failure to report new construction or remodeling projects that exceed $99,999.

(6) The appeal form shall require a notarized statement from the district superintendent or local charter board chair that the information and explanation of circumstances are true and factual statements.

(7) At least three members of the Finance Committee appointed by the Board shall act as a review committee to review the written appeal.

(a) The appeal committee may request additional information from the local school board/local charter board.

(b) The appeal committee may ask the district superintendent or local school district or charter school board chair or school district/charter school business staff to appear personally and provide information.

(c) The fine shall be presumed appropriate and legitimate when reviewed by the appeal committee.

(d) The appeal committee shall make a written recommendation within 10 business days of receipt of the appeal request.

(e) The full Finance Committee of the Board shall review the recommendation.

(f) The Finance Committee shall make a formal recommendation to the Board to accept, modify or reject the appeal explanation and fine.

B. The Board, in a regular monthly meeting, may accept or reject the Finance Committee's final recommendation to affirm the fine, modify the fine, or grant the appeal.

C. Consistent with the Board's general control and supervision of the Utah public school system and given the significant public policy concern for safe schools and cost-effective public school building projects, a local board of education or a local charter board has no further appeal opportunity.

 

KEY: educational facilities

Date of Enactment or Last Substantive Amendment: [December 23, 2006]2008

Notice of Continuation: November 1, 2004

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-20-104; 53A-20-104.5; 10-9-106; 17-27-105; 53A-17a-144(4)(d)