DAR File No. 28812

Education, Administration

R277-459

Teachers' Supplies and Materials Appropriation

NOTICE OF PROPOSED RULE

DAR File No.: 28812
Filed: 06/15/2006, 03:21
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to reflect changes in the language appropriating funds for teachers' supplies and materials.

Summary of the rule or change:

The amendment to conform the rule title with the title of the appropriation expands eligibility to include teachers whose responsibilities include counseling, and also changes the reporting date for districts and others from 10/01/2006 to 11/01/2006.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-402(1)(b)

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to state budget. The state appropriation was made by the 2006 Legislature so there are no additional costs, and the rule provides for distribution to school districts/charter schools.

local governments:

There are no anticipated cost or savings to local boards of education or school districts. The appropriation will be extended--more equitably to educators who both teach and counsel students.

other persons:

There are no anticipated cost or savings to other persons, other than the highly uncertain savings to some teachers/counselors who will now receive a designated amount to help them with personal expenses for classroom supplies.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The change to the rule provides for the appropriation for classroom supplies to also be given to those who counsel students.

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:

Kathy Akin at the above address, by phone at 801-538-7830, by FAX at 801-538-7768, or by Internet E-mail at kathy.akin@schools.utah.gov

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:

07/31/2006

This rule may become effective on:

08/07/2006

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-459. [Teachers']Classroom Supplies [and Materials ]Appropriation.

R277-459-1. Definitions.

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

B. "Classroom teacher" means a permanent teacher position filled by one or more teachers employed by a school district, the Utah Schools for the Deaf and the Blind, the Edith Bowen Laboratory School, and charter schools and paid on the teachers' salary schedule or a charter school salary schedule. Teachers shall be employed for an entire contract period. [and ] The teacher's primary responsibility shall be to provide instructional or a combination of instructional and counseling services to students in public schools.

C. "Field trip" means a district, or school authorized excursion for educational purposes.

D. "Teaching supplies and materials" means both expendable and nonexpendable items that are used for educational purposes by teachers in classroom activities and may include such items as:

(1) paper, pencils, workbooks, notebooks, supplementary books and resources;

(2) laboratory supplies, e.g. photography materials, chemicals, paints, bulbs (both light and flower), thread, needles, bobbins, wood, glue, sandpaper, nails and automobile parts;

(3) laminating supplies, chart paper, art supplies, and mounting or framing materials;

(4) This definition should be broadly construed in so far as the materials are used by the teacher for instructional purposes in classrooms, lab settings, or in conjunction with field trips.

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

R277-459-3. Distribution of Funds.

A. Each school district, the Utah Schools for the Deaf and the Blind, the Edith Bowen Laboratory School, and charter schools shall provide the USOE with a teacher count of full-time classroom teachers, as defined above, as of [October]November 1 of each year.

B. The USOE shall distribute funds through each school district, the Utah Schools for the Deaf and the Blind, the Edith Bowen Laboratory School, and charter schools proportionally per eligible position to the extent of the appropriation.

C. Individual teachers shall designate the uses for their allocations within the criteria of this rule. Districts and other eligible schools shall develop procedures and timelines to facilitate the intent of the appropriation.

D. Each school district shall ensure that each eligible individual has the opportunity to receive the proportionate share of the appropriation.

E. If a teacher has not spent or committed to spend the individual allocation by April 1, the school or district may make the excess funds available to other teachers or may reserve the money for use by teachers the following years.

F. These funds are to supplement, not supplant, existing funds for these purposes.

G. These funds are to be accounted for by the district or eligible school using state or district procurement and accounting policies.

KEY: teachers, supplies

Date of Enactment or Last Substantive Amendment: [August 1, 2002]2006

Notice of Continuation: July 6, 2005

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

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Kathy Akin at the above address, by phone at 801-538-7830, by FAX at 801-538-7768, or by Internet E-mail at kathy.akin@schools.utah.gov

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.