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Utah Administrative Code (Current through November 1, 2019) |
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R277. Education, Administration |
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R277-115. LEA Supervision and Monitoring Requirements of Third Party Providers and Contracts |
| R277-115-1. Authority and Purpose |
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Latest version.
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(1) This rule is authorized by: (a) 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; and (b) Subsection 53E-3-401(10), which allows the Board to require an LEA to require in a contract with a third party provider that the third party provider shall provide, upon request of the LEA, information necessary for the LEA to verify that the educational good or service complies with: (i) Titles 53E, 53F, and 53G; and (ii) Board rule. (2) The purpose of this rule is: (a) to provide standards for an LEA working with a third party provider to ensure the third party provider complies with applicable law. |
| R277-115-2. Definitions |
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Latest version.
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(1) "Educational good or service" means the same as that term is defined in Section 53E-3-401. (2) "Third party provider" means a third party who provides an educational good or service on behalf of an LEA. |
| R277-115-3. Third Party Provider Provision of Services |
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Latest version.
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(1) An LEA that contracts with a third party provider to provide an educational good or service on behalf of the LEA shall: (a) require in the LEA's contract with a third party provider that the third party provider shall provide, upon request of the LEA, information necessary for the LEA to verify that the educational good or service complies with: (i) Titles 53E, 53F, and 53G; and (ii) Board rule; (b) establish monitoring and compliance procedures to ensure that a third party provider who provides educational services to a student on behalf of the LEA complies with the provisions of this rule; (c) develop a written monitoring plan to supervise the educational good or service provided by the third party provider; (d) ensure the third party provider is complying with: (i) federal law; (ii) state law; and (iii) Board rules; (e) monitor and supervise all activities of the third party provider related to the educational good or service provided by the third party provider to the LEA; and (f) maintain documentation of the LEA's supervisory activities consistent with the LEA's administrative records retention schedule. (2) An LEA shall: (a) verify the accuracy and validity of a student's enrollment verification data, prior to enrolling a student in the LEA; and (b) provide a student and the student's parent or guardian with notification of the student's enrollment in a school or program within the LEA. (3) The Board or the Superintendent may require an LEA to repay public funds to the Superintendent if: (a) the LEA fails to comply with the provisions of this rule; and (b) the repayment is made in accordance with the procedures established in R277-114. |