No. 35162 (New Rule): Rule R277-109. Legislative Reporting and Accountability

(New Rule)

DAR File No.: 35162
Filed: 08/15/2011 05:03:53 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to provide standards and procedures for data collection as necessary to fulfill statutory or Utah State Board of Education requirements.

Summary of the rule or change:

The new rule provides definitions and direction for preparation of public education data collection reports.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Subsection 53A-1-402(1)
• Subsection 53A-1-401(1)(a)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Existing Utah State Office of Education staff will administer the data collection process at the state level within existing budget.

local governments:

There are no anticipated costs or savings to local government. School districts, charter schools and other public education entities (local education agencies; LEAs) will prepare reports as required within existing budget with existing staff.

small businesses:

There are no anticipated costs or savings to small businesses. This rule applies to public education and does not affect businesses.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. Reporting is required of LEAs and does not affect individuals.

Compliance costs for affected persons:

There could be costs to LEAs for noncompliance with reporting requirements including withholding of Minimum School Program funds specifically related to the requested data report or reporting requirements if justified. Costs are too speculative to determine 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.

Larry K. Shumway, State Superintendent

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:

10/03/2011

This rule may become effective on:

10/10/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-109. Legislative Reporting and Accountability.

R277-109-1. Definitions.

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

B. "LEA" means school districts, charter schools and other public education entities over which the Board has state constitutional authority.

C. "Legislative statute or directive" means a statute in the Utah Code or legislative intent as documented by legislative records.

D. "Minimum school program funds (MSP funds)" means the total of state and local funds appropriated for the Minimum School Program to support educational activities in all grades Kindergarten through 12th grade, including the Basic State-Supported School Program, Related to Basic Program, the State-Supported Voted and Board Leeway Levy Programs, and other programs or allocations appropriated by the Legislature in 53A-17a, the Minimum School Program Act.

E. "Superintendent" means the State Superintendent of Public Instruction who is directed to administer all programs assigned to the Board under Section 53A-1-301(1)(c).

 

R277-109-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of the public education system in the Board, by Section 53A-1-402(1) which directs the Board to establish rules and minimum standards for the public schools, by Section 53A-1-401(1)(a) which gives the Board general control and supervision of the state's public education system for adoption and enforcement of rules, by Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities under the constitution and state laws, and allows the Board to interrupt disbursements of state aid to any district which fails to comply with rules adopted in accordance with 53A-1-401(3).

B. The purpose of this rule is to require the Superintendent to create data collection plans necessary as determined by the Superintendent to fulfill statutory or Board reporting requirements and to require LEAs to submit data upon request to the Superintendent. The rule provides that LEA participation in Minimum School Program funding is conditioned upon LEAs providing complete and accurate data and information to the Superintendent and the Board.

 

R277-109-3. State Board of Education Direction to State Superintendent and LEA Appeal Process.

A. The Board expects the Superintendent, in consultation with LEAs, to collect data or prepare data collection reports or plans, as the Board directs or as the Superintendent deems necessary, to fulfill statutory or Board reporting requirements.

B. The Superintendent is authorized by the Board to assist LEAs to fulfill reporting requests and to complete accountability or reporting plans. The Superintendent's authority extends to sanctioning LEAs, if necessary, for failure to provide required data or reports, up to and including, withholding MSP funds for an LEA's failure to provide complete and accurate data or reports as requested.

C. The Superintendent or USOE staff, as authorized by the Superintendent, shall provide adequate notice to LEAs of reporting requirements and procedures for providing data in requested formats.

D. If an LEA does not comply with a data program request or requirement, the Superintendent shall provide adequate and timely notice to the LEA that data was not submitted accurately and completely and LEA has 30 days to respond to the Superintendent's request for data or a required data report.

E. The Superintendent may impose sanctions for noncompliance up to and including the withholding of MSP funds directly related to the data collection or reporting requirement. The Superintendent may withhold the program funds related to the requested data report or reporting requirement beginning with the next MSP transfer or beginning with subsequent MSP transfers including MSP funding for a subsequent fiscal year.

F. An LEA may appeal to the Board in writing the superintendent's decision to withhold program funds within 10 calendar days.

G. The Board shall respond to the LEA within 30 calendar days.

H. The Board's response is the final administrative action.

 

KEY: reporting, accountability

Date of Enactment or Last Substantive Amendment: 2011

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1); 53A-1-401(1)(a); 53A-1-401(3)

 

---