R277-733-6. Fiscal Procedures

  (1) The Superintendent shall allocate state funds for adult education in accordance with Section 53F-2-401.

  (2) No eligible LEA shall receive less than its portion of an eight percent base amount of the state appropriation if:

  (a) the LEA provided instructional services approved by the Board to eligible adult students during the preceding fiscal year; or

  (b) the LEA is preparing to offer services to eligible adult students, provided that the LEA's preparation period does not exceed two years.

  (3) Funds appropriated for adult education programs shall be subject to Board accounting, auditing, and budgeting rules and policies.

  (4) An LEA may carry over to the next fiscal year ten percent or $50,000, whichever is less, of state adult education funds allocated to the LEA's adult education programs not expended in the current fiscal year with written approval from the Superintendent.

  (5)(a) An LEA shall submit a request to carry over funds for approval by August 1 annually.

  (b) The Superintendent shall prepare a revised budget incorporating approved carryover amounts no later than September 1 in the year requested.

  (6) The Superintendent may consider excess funds in determining an LEA's allocation for the next fiscal year.

  (7) The Superintendent shall recapture fund balances in excess of 10 percent or $50,000 no later than February 1 annually.

  (8) The Superintendent shall reallocate funds recaptured in accordance with Subsection (7) to LEA adult education programs through the supplemental award process based on need and effort as determined by the Board consistent with Subsection 53F-2-401(3).

  (9)(a) The Superintendent shall develop uniform forms, deadlines, program reporting and accounting procedures, and guidelines to govern state and federally funded adult education programs.

  (b) The Superintendent shall update the Utah Adult Education Policies and Procedures Guide annually and make the guide available on the Board adult education website.

  (10)(a) The Superintendent shall provide a competitive bidding process for an eligible provider to apply for federal adult education funds.

  (b) The Superintendent shall only fund an eligible provider following an award under Subsection (10)(a) on a reimbursement basis.

  (c) An eligible provider is subject to all laws and regulations regarding adult education funds, which are applicable to an LEA.