No. 40513 (Amendment): Rule R277-710. Intergenerational Poverty Interventions in Public Schools

(Amendment)

DAR File No.: 40513
Filed: 06/15/2016 08:27:41 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended in response to H.B. 40, Agency Reporting Requirements, from the 2016 General Session, which deleted several reporting requirements for the Board.

Summary of the rule or change:

Consistent with H.B. 40 (2016), the Legislative Education Interim Committee is removed from the rule as a required recipient of an annual report providing information on intergenerational grant money and progress. The amendments also provide technical and conforming changes.

State statutory or constitutional authorization for this rule:

• Subsection 53A-17a-171(4)
• Art X, Sec 3
• Section 53A-1-401

Anticipated cost or savings to:

the state budget:

Rule R277-710 is updated to remove language no longer required by state law and provide technical and conforming changes, which likely will not result in a cost or savings to the state budget.

local governments:

Rule R277-710 is updated to remove language no longer required by state law and provide technical and conforming changes, which likely will not result in a cost or savings to local government.

small businesses:

Rule R277-710 is updated to remove language no longer required by state law and provide technical and conforming changes, which likely will not result in a cost or savings to small businesses.

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

Rule R277-710 is updated to remove language no longer required by state law and provide technical and conforming changes, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Rule R277-710 is updated to remove language no longer required by state law and provide technical and conforming changes, which likely will not result in any 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 the amendments to this rule.

Sydnee Dickson, Interim 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:

08/01/2016

This rule may become effective on:

08/08/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-710. Intergenerational Poverty Interventions in Public Schools.

R277-710-[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]over public education in the Board[,];

(b) Section 53A-1-401[(3)], which [permits]allows the Board to [adopt rules in accordance with its responsibilities,]make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(c) S ubsection 53A-17a-171(4) , which directs the Board to accept proposals and award grants under the [P]program.

[B.](2) The purpose of this rule is :

(a) to [distribute]provide for distribution of funds to LEAs; and

(b) to provide for out-of-school educational services that assist students affected by intergenerational poverty in achieving academic success.

[C.](3) This rule provides eligibility criteria, provides minimum application criteria, [and]provides timelines, and provides for [USOE]Superintendent oversight and reporting.

 

R277-710-[1]2 . Definitions.

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

[B.](1) "Eligible student" means a student in grades k-12 of the public school system who is classified as a child affected by intergenerational poverty[in grades K-12 of the public school system].

[C.](2)(a) "Intergenerational poverty (IGP)" means poverty in which two or more successive generations of a family continue in the cycle of poverty and government dependence.

(b) "Intergenerational poverty " does not include situational poverty as defined in Section 35A-9-102.

[D. "LEA" means a local education agency, including local school boards/public school districts and charter schools.]

[E.](3) "Program" means the Intergenerational Poverty Interventions Grant Program that provides educational services outside of the regular school day (after school program).

[F. "USOE" means the Utah State Office of Education.]

 

R277-710-3. Grant Eligibility.

[A.](1) Only [local education agencies (]LEAs[)] are eligible to apply for funds under th[is]e program.

(2) An LEA[s], in designing the[ir]LEAs program services, may collaborate with a community-based organization[s] that provides quality after school programs.

[B.](3) The Board shall give priority to applicants that have a significant number or percentage of students affected by intergenerational poverty.

[C.](4) [These]Program funds are intended to provide supplemental services beyond what is already available through state and local funding.

([1]a) (i) For an LEA[s] with a school[s] that [already have]has an existing afterschool program[s], the program funds may be used to augment the amount or intensity of services to benefit students affected by IGP.

(ii) [Existing after school]A program applicant[s]that has an existing after school program may apply for a grant[s] in the range of $30,000 to $50,000 per school year.

([2]b) (i) For an LEA[s] with a school[s] that does not have an existing after school program[s], the program funds may be used to establish a quality after school program[s].

(ii) [New after school]A program applicant[s]without an existing after school program may apply for grants in the range of $100,000-$150,000 per school year.

[D.](5) An LEA[s] that participat[ing]es in th[is]e program and serv[ing]es students in grades [K]k-6 may be eligible to apply for additional federal after school funding through the Department of Workforce Services.

 

R277-710-4. Program Requirements.

[Successful applicants]An applicant for a program grant shall design a program[s] that includes the following minimum components:

[A.](1) a [definition]description of the level of administrative support and leadership at the LEA to effectively implement, monitor, and evaluate the program[.];

[B.](2) an explanation of how the LEA will provide adequate supervision and support to successfully implement or increase programs at the school level[.];

[C.](3) a summary of a needs assessment conducted by the LEA to determine the academic needs and interests of participating students and their families[.];

[D.](4) the identification of intended outcomes of the program and how these outcomes will be measured[.];

[E.](5) an explanation of how the LEA[/] or school will provide services to improve the academic achievement of children affected by intergenerational poverty[.];

[F.](6) a commitment to assess program quality and effectiveness and make changes as needed[.];

[G.](7) an outline of the scope of services, including [(]days of the week, number of hours, and number of weeks[).];

[H.](8) an explanation of the LEA's strategy for coordinating with and engaging the Department of Workforce Services to provide services for the LEA's eligible students[.];

[I.](9) an explanation of how the LEA will work with the Department of Workforce Services, the Department of Health, the Department of Human Services, and the juvenile courts to provide services to the LEA's eligible students[.];

[J.](10) the identification of IGP eligible students [(]categorized by age[)], and schools in which the LEA plans to develop programs with the grant money[.];

[K.](11) an annual program budget and identification of the estimated cost per student[.]; and

[L.](12) [E]establishment and maintenance of data systems that inform program decisions and annual reporting requirements.

 

R277-710-5. Application Process.

[A.](1) The [USOE]Superintendent shall solicit competitive grant[s] applications from LEAs, score the [grants]applications, and make funding recommendations to the Board.

[B.](2) An LEA[s] may apply for [this]a grant through the Utah Consolidated Application (UCA).

[C. Timeline:]

([2]3) (a) The [USOE]Superintendent shall convene a panel of application reviewers [that]who demonstrate no conflicts of interest.

(b) The panel [members]reviewers shall score applications and the panel shall make recommendations for funding to the Board.

([1]4) In a year when there is a grant competition:

(a) the [A]application deadline [for the 2014-15 school year ]is June 16[, 2014.];

([3]b) the [A]application review[for the 2014-15 school year ]shall be completed by June 23[, 2014.];

([4]c) [T]the [USOE]Superintendent shall provide recommendations of [successful ]grant [recipients]applicants to the Board no later than July 1[, 2014.]; and

[D.](d) [T]the [Board]Superintendent shall notify [successful applicants]grant recipients no later than August 5[, 2014].

[E.](5) The [USOE]Superintendent, in future years, subject to continuing appropriations, may adjust the time[line]periods and create applicable timelines to allow LEAs more time to propose programs and complete applications.

 

R277-710-6. [USOE]Superintendent Oversight and Reporting Requirements.

[A.](1) The [USOE]Superintendent shall provide adequate oversight in the administration of the IGP program to include:

([1]a) conducting the annual application process and awarding funds;

([2]b) monitoring program implementation; and

([3]c) gathering and reporting required data.

[B.](2) To effectively administer the IGP program, the [USOE]Superintendent shall reserve up to [five percent]5% of the[IGP] appropriation for the program for administrative and evaluation purposes.

[C.](3) An LEA[s] that receive s program grant money[pursuant to this section] shall annually provide to the [Board]Superintendent the information that is necessary for the Board's report to the [Legislative Education Interim Committee and the ]Utah Intergenerational Welfare Reform Commission as required by Subsection 53A-17a-171(7).

[D.](4) The annual report required under Subsection 53A-17a-171(7) shall include:

([1]a) the progress of LEA programs in expending grant money;

([2]b) the progress of LEA programs in improving the academic achievement of children affected by intergenerational poverty; and

([3]c) the LEA's coordination efforts with the Department of Workforce Services, the Department of Health, the Department of Human Services, and the juvenile courts.

 

KEY: public schools, poverty, intervention

Date of Enactment or Last Substantive Amendment: [August 7, 2014]2016

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401[(3)]

 

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