DAR File No. 27308

Education, Administration

R277-408

Expenditures for Instructional Supplies Required in Utah Public Schools

NOTICE OF PROPOSED RULE

DAR File No.: 27308
Filed: 07/15/2004, 04:40
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is repealed because the Utah State Board of Education determined that it would no longer require a minimum expenditure level for instructional supplies which will give local school boards/school districts local control in spending money for this purpose.

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to state budget. School districts will continue to receive funding that may be spent for instructional supplies at the discretion of the school district.

local governments:

There are no anticipated cost or savings to local government. School districts will continue to receive funding that may be spent for instructional supplies at the discretion of the school district. The repeal of the rule simply removes the minimum expenditure level to be spent on instructional supplies which school districts continually exceeded anyway.

other persons:

There are no anticipated cost or savings to other persons. The rule relates to minimum expenditure levels for school districts.

Compliance costs for affected persons:

There are no compliance costs for affected persons. School districts will continue to receive funding that may be spent for instructional supplies at the discretion of the local board. The repeal of the rule simply removes the minimum expenditure level to be spent on instructional supplies which school districts continually exceeded anyway.

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:

08/31/2004

This rule may become effective on:

09/01/2004

Authorized by:

Carol Lear, Coordinator School Law and Legislation

RULE TEXT

R277. Education, Administration.

[R277-408. Expenditures for Instructional Supplies Required in Utah Public Schools.

R277-408-1. Definitions.

A. "Audiovisual materials" means nonprint items which, with reasonable care and use, may be expected to last for more than one year. This includes such items as tapes and discs, slides and transparencies, films and filmstrips, maps, globes and charts, prints and photographs, and models and mockups.

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

C. "Instructional supplies" means instructional computer software, teaching supplies, laboratory materials, student supplies, other instructional materials used by teachers and students in the instructional process and those items that would be coded to the following designations in the Form F-4 Report:

(1) Fund 10 Maintenance and Operation

(a) Function 1000 Instruction Object Codes

(i) 610 Supplies

(ii) 641 Textbooks

(iii) 670 Computer Supplies

(b) Function 2200 Support Services (Instructional) Object Codes

(i) 600 Supplies and Materials

(ii) 644 Library Books

(iii) 650 Periodicals

(iv) 660 Audiovisual Materials

(2) Fund 32 Capital Projects (10 Percent of Basic Levy)

(a) Function 1000 Instruction Object Codes

(i) 610 Supplies

(ii) 641 Textbooks.

D. "Instructional computer supplies" means items that are used in the course of instruction or student use of computers in an instructional or research setting. These supplies include:

(1) software programs that provide instruction, practice or research;

(2) storage devices such as floppy disks, tapes or CD's; and

(3) printing supplies such as toner, paper and inks.

E. "Laboratory materials" means items which are required of students as an integral part of a course, subject, or grade, or those items which are consumed in the teaching-learning process but not considered personal property of students. These may include:

(1) teaching materials: glue, sandpaper, nails, and other such items; thread, needles, bobbins, and similar items for general practice and instruction; flour, sugar, spices, and other food items used in instruction;

(2) instructional media materials: required literary magazines, weekly readers, and other such materials. These may also be classified as textbooks depending on their use and application; and

(3) other: towels, if school towels are required to be used; choir, band, and orchestra robes or capes which have little use to students except for a particular activity; drama costumes other than typical student dress; gym clothing, if required to be uniform or purchased from a particular location; workbooks, resource files, and supplementary text materials which may enrich and individualize the classroom instruction program.

F. "Library books" means books provided for enrichment, extension, or study in depth. They may be general or specialized. They include reference sets and dictionaries, but not textbooks and periodicals.

G. "Periodicals" means serial materials published at fixed intervals, including both the regular published format and microfilm format for permanent collections.

H. "Student supplies" means items which are retained by and become the personal property of the student. These include:

(1) paper, pencils, pens, notebooks, and similar items;

(2) supplies and materials to construct personal items that are retained by the student;

I. "Teaching supplies" means expendable items that may:

(1) be consumed, worn out, or deteriorated in use such as paper, pencils, notebooks, workbooks, chemicals, paints, tests or answer sheets, bulbs, or tubes, or

(2) lose their identity through fabrication or incorporation into a different or more complex unit or substance such as transparency acetate, camera film, laminating supplies, chart paper, mounting or framing materials, or other similar items.

J. "Textbooks" means systematically arranged text materials, in harmony with the state curriculum framework and courses of study, which may be used by students as principal sources of study and which cover a significant portion of the course. These materials:

(1) are designed for student use;

(2) are accompanied by or contain teaching guides and study helps;

(3) may be programmed or self-instructional; and

(4) must appear on the list of state-adopted texts or be approved for pilot or trial use by the State Textbook Commission.

K. "Weighted Pupil Unit (WPU)" means the unit of measure that is computed in accordance with the Minimum School Program Act for the purpose of determining the costs of a program on a uniform basis for each district.

L. "ADM" means Average Daily Membership of students.

M. "USOE" means the Utah State Office of Education.

R277-408-2. Authority and Purpose.

A. This rule is authorized by Article X, Section 3 of the Utah Constitution, which places general control and supervision of the public schools under the Board, Section 53A-1-402(1)(f) which directs the Board to adopt rules regarding the minimum school program, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to specify the amount of funds to be spent by the state and school districts to meet the mandates of Sections 53A-1-402(1)(f) and 53A-1-402(2).

R277-408-3. Standards.

A. A school district shall spend a per pupil amount computed as 5.5 percent of the current year's WPU value rounded to the nearest whole dollar times the prior year ADM. School districts may use a two year averaging procedure.

B. A school district shall annually report to the Utah State Office of Education, as directed by the USOE, the expenditures it makes, by category, in any fiscal year for textbooks, library books and materials, periodicals, instructional supplies and audiovisual materials.

C. On-site accreditation visits shall evaluate the availability of textbooks and educational supplies in the classrooms.

D. Minimum school program funds shall be expended for adequate amounts of textbooks and educational supplies for students before those funds are used to supplement secondary school student activities.

E. The Board may review hardship and inequity situations and may exempt school districts from the minimum expenditure requirement for one year when emergencies exist.

School districts desiring Board review of cases of hardship and inequity may make application to the State Superintendent of Public Instruction for review.

KEY: educational expenditures, textbooks

March 10, 1997

Notice of Continuation September 12, 2002

Art X Sec 3

53A-1-402(1)(f)

53A-1-402(2)

53A-1-401(3)]

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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.