No. 42998 (Amendment): Rule R277-492. Utah Science Technology and Research Initiative (USTAR) Centers Program

(Amendment)

DAR File No.: 42998
Filed: 06/14/2018 03:24:17 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish: 1) conditions for the Superintendent to manage the USTAR Program; 2) standards and procedures for a local education agency (LEA) to submit a proposal for Utah Science Technology and Research Initiative (USTAR) funding to develop and create USTAR Centers to enhance the LEA's ability to retain participating teachers, offer more opportunities for students, and use capital facilities more effectively by creating an extended contract; and 3) requirements associated with receiving USTAR funding for a recipient LEA. Rule R277-492 is amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies.

Summary of the rule or change:

Rule R277-492 is amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Utah State School Board of Education (Board) policies.

Statutory or constitutional authorization for this rule:

• Section 53F-2-205
• Article X Section 3
• Subsection 53E-3-401(4)

Anticipated cost or savings to:

the state budget:

These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter the program and thus will not affect state government revenues or expenditures.

local governments:

These rule change are not expected to have any fiscal impact on local government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter the program for LEAs and thus will not affect local government revenues or expenditures.

small businesses:

These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule applies to a program for LEAs and does not affect small businesses.

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

These rule changes are not expected to have any fiscal impact on other persons� revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter the program and thus will not affect other individuals.

Compliance costs for affected persons:

There is 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 large businesses with a NAICS code 611110). These rule changes apply to a program for LEAs and will not have a fiscal impact on large or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, 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:

07/31/2018

This rule may become effective on:

08/07/2018

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 zero large businesses with a NAICS code 611110 (Elementary and Secondary Schools). There are 1,241 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 schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which have fewer than 50 employees so qualify as small businesses. Thus, these rule changes are not expected to have any fiscal impact on large businesses' revenue or expenditures because there are no applicable large businesses and they do 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.

R277-492. Utah Science Technology and Research Initiative (USTAR) Centers Program.

R277-492-[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 53[A]E-[1]3-401([3]4), which permits the Board to adopt rules [in accordance with]to carry out its duties and responsibilities under the Utah Constitution and state law[,]; and

(c) Section 53[A-17a-159]53F-2-505, which [appropriates]provides for funding to establish extended contracts for [mathematics and science]participating teachers as part of the Utah Science Technology and Research (USTAR) Centers Initiative.[The USOE shall provide statewide supervision of the program and budget and shall recommend funding for USTAR programs based on USTAR objectives, Board funding priorities and available funds.]

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

(a) conditions for the Superintendent to manage the USTAR Program;

(b) [establishes ]standards and procedures for an LEA to submit a proposal for USTAR funding to develop and create USTAR Centers to enhance the LEA's ability to retain participating teachers, offer more opportunities for students, and use capital facilities more effectively by creating an extended contract; and

(c) [to direct]requirements associated with receiving USTAR funding for a recipient [public school districts or charter schools]LEA.[to develop proposals that create USTAR Centers that will enhance their ability to retain mathematics and science teachers while simultaneously offering more opportunities for students and more effectively using capital facilities.]

 

R277-492-[1]2. Definitions.

[A. "Annual report" means information and data identified under R277-492 provided by funding recipients to the USOE annually by June 30 as a requirement for continued funding of the school or school district program.

B. "Board" means the Utah State Board of Education.]

[C.](1) "Extended[year]" means either a longer contract day or a longer contract year for participating teachers.

[E. "School district/charter school](2) "LEA USTAR proposal" means a written proposal, including components required by the Board, developed and submitted by a school district/charter school applying for USTAR funding.

[D.](3) "[Mathematics or science]Participating teacher" means a :

(a) licensed mathematics teacher with a secondary (7-12) mathematics teaching assignment; or

(b) licensed science teacher with a secondary (7-12) [mathematics or ]science teaching assignment.

[F.](4) "STEM" means science, technology, engineering and mathematics.

[G. "USOE" means the Utah State Office of Education.

H. "USTAR" means Utah Science Technology and Research.]

[I.](5) "USTAR Program" means [student and teacher opportunities to broaden their knowledge and experiences within STEM fields]the grant program created in Section 53F-2-505.

[J. "Weighted Pupil Unit (WPU)" means the basic state funding unit.]

 

R277-492-3. USTAR Proposal Criteria.

[A.](1) [A school district/charter school]An LEA shall first identify the purpose or goal(s) of its USTAR proposal.

[B.](2) Appropriate purposes may include:

[(1)](a) improvement in student test scores;

[(2)](b) satisfaction of specific academic goals for all students or various groups of students;

[(3)](c) increased retention of licensed educators in specific areas;

[(4)](d) improved school climate;

[(5)](e) increased opportunities for students to take remedial or college preparation courses;

[(6)](f) increased student enrollment in identified courses;

[(7)](g) additional opportunities for students to learn about specific or general higher education or career opportunities in math or science fields; or

[(8)](h) other purposes consistent with S ubsection [53A-17a-159]53F-2-505(1)(b).

[C.](3) In accordance with Section 53F-2-505(1)(b)(ii),[A] an LEA[school district/charter school] shall provide a school schedule showing how it will extend hours of the school day [(Section 53A-17a-159(1)(b)(ii)) ]or days of the school year [(Section 53A-17-a-159(1)(b)(ii)) ]to maximize employee and facility resources in furtherance of the proposal's goals.

[D.](4) A[The] USTAR proposal shall :

(a) explain how employees shall be used in the extended school day or [expanded]extended school year to maximize their effectiveness with students, including how various groups of employees will participate including classified employees, licensed employees, and appropriate supervisors for all groups[.];

(b) [Though various school employee groups may be necessary or desirable to achieve the purposes of the proposal, the proposal shall ]use USTAR grant funds only to pay for hours or days worked by [science or mathematics]participating teachers with valid, current Utah educator licenses[.], even though various school employee groups may be necessary or desirable to achieve the purposes of the proposal;

[E.](c) [The USTAR proposal shall ]identify the number of designated employees that will participate in the [expanded]extended school year or extended school day program with the understanding that USTAR grant funds may only be used for licensed [mathematics and science]participating teachers[.];

[F.](d) [The USTAR proposal shall ]identify the compensation that [all necessary employees]participating teachers shall receive, including increased insurance and benefit costs, if appropriate[;], which may be reported [compensation may be determined ]by groups of employees or by individual employees[.];

[G.] (e)[The USTAR proposal shall ]identify how [licensed educators]participating teachers will be evaluated for the extended hours or [expanded]extended days worked[.];

[H.](f) [The USTAR proposal shall ]include a budget section, including anticipated costs and narrative[.]; and

[I.](g) [The USTAR proposal shall ]include an annual evaluation component that provides opportunities for student, employee and parent participation in the assessment of the proposal's effectiveness.[Proposals shall provide for evaluations of program effectiveness at least annually.]

 

R277-492-4. [Board/USOE]Superintendent Responsibilities.

[A. The USOE shall carry out the responsibilities of the Board consistent with the Board's review and direction.](1) The Superintendent shall provide statewide supervision of the USTAR program and budget, based on USTAR objectives, Board funding priorities, and available funds.

[B.](2) The [USOE]Superintendent shall solicit proposals from [school districts/charter schools]LEAs to participate in the USTAR grant program.

[C.](3) In order to qualify for funding, an LEA shall submit a proposal[Proposals shall be due] to the [USOE]Superintendent by June 2 annually.

[(1)](a) The [USOE]Superintendent [will]shall work with applicants that submit proposals early to improve proposals , to the extent of resources and time available.

[(2)](b) The [USOE]Superintendent shall deliver final charter school proposals to the State Charter School Board for [R]review and recommendation.

[D.](4)(a) The [USOE shall receive]State Charter School Board shall submit a consolidated request [from the State Charter School Board]to the Superintendent, consistent with S ubsection 53[A-17a-159]53F-2-505(4) , by June 20 annually.

(b) The State Charter Board and State Charter Board staff shall work with charter school applicants that submit proposals early to improve proposals , to the extent of resources and time available.

[E.](5) The [USOE]Superintendent shall receive all proposals from school districts, consider[ing] the consolidated request submitted by the State Charter Board as a proposal from one school district, and rank them on an objective scale or rubric prepared by the [USOE]Superintendent.

[F.](6) The [Board]Superintendent may appoint an expert review panel to prioritize proposals and recommend proposals for funding.

[G.](7) The expert review panel , the Superintendent, or [the USOE or ]both , shall consider the priorities of S ubsection [53A-17a-159]53F-2-505(5) in recommending and selecting the recipients , with the following objectives:

[(1)](a) rural, urban, large, small, growing and declining school districts (considering the consolidated charter request as one school district) having unique circumstances;

[(2)](b) as many pilot programs shall be funded as possible; and

[(3)](c) funded proposals should address the objectives and benefits of Section [53A-17a-159]53F-2-505(1)(b).

[H.](8) The [Board]Superintendent shall review recommendations, make final [decisions]recommendations to the Board for funding , and notify applicants that receive funding no later than July 31 annually.

[I.](9) The [USOE]Superintendent shall provide funds to school districts/charter schools (or the consolidated charter recipient) consistent with [USOE]Board distribution practices for grants.

 

R277-492-5. [ School District/Charter School Consolidated ] LEA and State Charter School Board Proposal Responsibilities.

[A.](1) School districts shall submit proposals that meet the standards of [R277-717-3 and ]Section [53A-17a-159]53F-2-505 no later than June 2 annually.

[B.](2) The State Charter Board shall complete its work under S ubsection [53A-17a-159]53F-2-505(4) and submit its consolidated request to the [USOE]Superintendent no later than June 20 annually.

[C.](3) [School district and charter school]LEA proposals shall clearly demonstrate that all participants necessary for the success of a proposal are voluntary participants and understand the requirements of their participation.

[D.](4) [School district and charter school]LEA participants shall demonstrate parent and community notification and support of the school district/charter school proposals.

[E.](5) Proposals shall clearly demonstrate that at least 95 % [percent ]of allocated funds shall be used for extended contracts for licensed [mathematics and science]participating teacher s[contracts].

[F.](6) Proposals shall clearly demonstrate that the remaining 5%[five percent] of allocated funds is used only for purposes identified under S ubsection [53A-17a-159]53F-2-505(6)(b).

[G.](7) [Funded school districts and charter schools]LEAs that receive USTAR funding shall provide all required evaluations to the [USOE]Superintendent as identified by their proposals consistent with [USOE ]timelines established by the Superintendent.

[H.](8) [Funded school districts and charter schools]LEAs that receive USTAR funding shall provide information as requested by the [USOE]Superintendent during the time periods identified in the proposals, including allowing for visits of [USOE]Board staff and review of student work or assessments.

 

R277-492-6. Final Decision-making and Reporting Requirements.

[A.](1) The Board's decisions for funding are final.

[B. ](2)(a) A grant recipient shall provide requested data or information related to its USTAR Funding to the Superintendent each year by June 30.

(b) The [USOE]Superintendent may request additional information, data or budget information if annual reports or student assessments indicate that USTAR funding is being used ineffectively, for ineligible employees , or inconsistent[ly] with the [school district/charter school]LEA's proposal or the intent of the law or this rule.

[C.](3) The USOE may interrupt USTAR funding to school districts/charter schools that do not meet timelines required by this rule or that do not provide complete information or evaluations required under this rule.

[D. The Board shall provide annual reports to Legislative committees as required by Section 53A-17a-159(8).]

 

KEY: science, technology, research, USTAR

Date of Enactment or Last Substantive Amendment: [October 8, 2013]2018

Notice of Continuation: August 2, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; [53A-1-401(3)]53E-3-401(4); [53A-17a-159]53F-2-505

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