DAR File No. 27271

Education, Administration

R277-444

Distribution of Funds to Arts and Sciences Organizations

NOTICE OF PROPOSED RULE

DAR File No.: 27271
Filed: 07/01/2004, 05:12
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide for: professional outreach programs; eligibility of organizations, application, and amendments to requirements for funding; and reporting requirements for arts and science organizations providing services to Utah public schools as required by the S.B. 1 from the 2004 Legislative General Session. (DAR NOTE: S.B. 1 is found at UT L 2004 Ch 256, and was effective 07/01/2004.)

Summary of the rule or change:

The rule provides new definitions, provides criteria for eligibility of participating arts and sciences organizations, changes to application and funding provisions, and changes to accountability provisions.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

The amended rule requires no additional state expenditures. It merely sets clearer criteria for the organizations eligible for funding and provides a better accountability process.

local governments:

There are no additional costs or savings for school districts. Art and science programs will continue to be available for students. The amendments to this rule try to make programs available to a greater number of students and to make the programs more widely available throughout the state.

other persons:

The amendments to this rule do not increase or decrease costs for art and science programs for individuals. Some programs, in secondary grades, require some financial participation by individuals.

Compliance costs for affected persons:

The amendments to this rule to not have additional compliance costs for individuals. Participation by students in art and science programs may require participants to subsidize the programs offered by eligible groups.

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. Patti Harrington, State Superintendent of Public Instruction

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

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 clear@usoe.k12.ut.us

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:

08/16/2004

This rule may become effective on:

08/17/2004

Authorized by:

Carol Lear, Coordinator School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-444. Distribution of Funds to Arts and Sciences Organizations.

R277-444-1. Definitions.

A. "Arts organization (organization)" means a non-profit professional artistic organization that provides artistic (dance, music, drama, art) services, performances or instruction to the Utah community.

B. "Arts and science subsidy program" means groups that have participated in the RFP program and have been determined by the Board to be providing valuable services in the schools. They do not qualify as professional outreach programs.

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

[C]D. "Hands-on activities" means activities that include active involvement of students with presenters, ideally with materials provided by the organization.

[D]E. "Non-profit organization" means an organization no part of the income of which is distributable to its members, directors or officers; a corporation organized for other than profit-making purposes.

F. "Professional outreach programs in the schools" means those established arts and sciences organizations which previously received line item funding from the Utah State Legislature.

[E]G. "Request for proposal (RFP)" means a competitive application process used to identify programs that best meet requirements established by the Board.

H. "RFP program" means arts and science organizations that receive one-time funding through application to the USOE.

[F]I. "School visits" means performances, lecture demonstrations/presentations, in-depth instructional workshops, residencies, side-by-side mentoring, and exhibit tours by professional arts and science groups in the community.

[G]J. "Science organization (organization)" means a non-profit professional science organization that provides science-related services, performances or instruction to the Utah community.

[H]K. "State Core Curriculum" means those standards of learning that are essential for all Utah students, as well as the ideas, concepts, and skills that provide a foundation on which subsequent learning may be built, as established by the Board.

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

R277-444-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of the public school system under the Board and by Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of the arts and science program is to provide opportunities for students to develop and use the knowledge, skills, and appreciation contained in the arts and sciences Core curricula through in-depth school instructional services, performances or presentations in school and theatres, or arts or science museum tours.

[B]C. [The purpose of t]This rule also[is to] provides criteria for the distribution of funds appropriated by the Utah Legislature [to enhance the State Core Curriculum through school visits]for this program.

R277-444-3. Eligibility of Organizations.

A. Established professional outreach program in the schools (POPS) organizations shall be eligible for funding under the POPS program applications and funding criteria and not eligible to apply for the RFP or subsidy programs.

B. Non-profit professional arts and science organizations that have existed for at least three years prior to application with a track record of proven fiscal responsibility, of demonstrated excellence in their discipline, and with the ability to share their discipline creatively and effectively in educational settings shall be eligible to apply for RFP funding.

C. Documentation of an organization's non-profit status, professional excellence or educational effectiveness may be required by the USOE prior to receipt of application from these organizations.

D. RFP organizations that can demonstrate successful participation in the RFP Program for three years, have an education staff, and the capacity to reach out statewide may apply to the Board to become a POPS organization.

E. The completed application shall be submitted prior to June 1 of the year in which the application is to be considered.

F. The Board shall request new money for a new POPS organization from the Utah State Legislature if the application is approved, prior to providing funds to the organization.

G. Arts and science organizations meeting the subsidy criteria may apply for the arts and science subsidy program, but may not also apply for RFP funding.

H. Arts and science organizations qualifying for POPS or RFP funding may not charge schools for services funded under those programs.

I. Scientists, artists, or entities hired/sponsored for services in the schools, directly or indirectly through coordinating organizations, shall be subject to the same review and approval process.

R277-444-4. Applications and Funding.

A. Applications shall be provided by the USOE.

[C]B. Every four years, beginning in July 1998, all [line item]POPS organizations shall reapply to the USOE to reestablish their [line item status]continuation and amount of funding. Applications shall include a plan for participating with all similar arts or science groups to reach all designated schools.

[B]C. Organizations funded through an RFP process [at the direction of the Legislature ]shall submit applications to the USOE[ Fine Arts and Science Specialist].

D. The designated USOE specialist shall make final funding recommendations to the USOE Finance Committee by August 31 of the school year in which the money is available.

E. Every four years, beginning in 2006, all arts and science subsidy program organizations shall reapply to the USOE to reestablish the continuation and amount of funding.

[D]F. The USOE may require additional evaluation or audit procedures from organizations to demonstrate use of funds consistent with the law and this rule.

G. When there are changes in the program funding from the Utah State Legislature, allocations shall be at the discretion of the Board.

H. Funds shall be distributed annually beginning in August.

R277-444-5. Accountability.

A. Organizations may be visited by USOE staff prior to funding or at school presentations during the funding cycle to evaluate the effectiveness and preparation of the organization.

B. Organizations that receive arts/science funding shall submit an annual evaluation report to the USOE by July 1.

C. The year-end report shall include:

[(1) a budget expenditure report and income source report using a form provided by the USOE;

(2) a narrative description of all services provided by the organization;

(3) documentation of collaboration in planning content related to the State Core Curriculum and visit preparation/follow up with the USOE and school communities;

(4) documentation that all school districts and schools have been offered opportunities for participation with the organization over a three year period to the extent practicable.

(5) copies of any and all materials developed, as requested;

(6) record of the dates and places of all services rendered, the number of instruction/performance hours per district and school, and the number of students and teachers served; and

(7) examples of individual and overall program impact on school science or art programs or curricula.

(8) a report and accounting of fees charged, if any, to recipient schools, districts, or organizations.

D. The USOE may require additional evaluation or audit procedures from the grant recipient to demonstrate use of funds consistent with the law and Board rules.](1) a budget expenditure report and income source report using a form provided by the USOE, including a report and accounting of fees charged, if any, to recipient schools, districts, or organizations; and

(2) record of the dates and places of all services rendered, the number of instruction and performance hours per district, school, and classroom service, as applicable, with the number of students and teachers served, including:

(a) documentation that all school districts and schools have been offered opportunities for participation with all organizations over a three year period consistent with the arts and science organizations' plans and to the extent possible; and

(b) documentation of collaboration with the USOE and school communities in planning visit preparation/follow up and content that is related to the state Core curriculum; and

(3) a brief description of services provided by the organizations through the fine arts and sciences POPS, RFP, or subsidy programs, and if requested, copies of any and all materials developed; and

(4) a summary of organization's evaluation of:

(a) cost-effectiveness;

(b) procedural efficiency;

(c) collaborative practices;

(d) program quality, including impact of services on students, teachers, school science or art programs or curricula; and

(e) the resultant goals, plans, or both, for continued evaluation and improvement.

R277-444-6. Variations or Waivers.

A. No deviations from the approved and funded proposal shall be permitted without prior approval from the appropriate USOE specialist or his designee.

B. The USOE may require requests for variations to be submitted in writing.

C. The nature and justification for any deviation or variation from the approved proposal shall be reported in the year-end report.

D. Any variation shall be consistent with law and the purposes of this rule.

KEY: arts, science, curricula

[April 15, ]2004

Notice of Continuation October 13, 2000

Art X Sec 3

53A-1-401(3)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at clear@usoe.k12.ut.us

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.