DAR File No. 29691

Education, Administration

R277-459

Classroom Supplies Appropriation

NOTICE OF PROPOSED RULE

DAR File No.: 29691
Filed: 03/15/2007, 04:31
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to add and clarify definitions and to clarify procedures to be used for supplies purchased when a teacher moves to another school/school district.

Summary of the rule or change:

The rule expands on the classroom teacher definition, adds a Computer Aided Credentials of Teachers in Utah System (CACTUS), provides language in determining teacher count of full-time classroom teachers, and provides language describing ownership of materials purchased with classroom supply funds.

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 costs or savings to the state budget as a result of this amended rule. The changes merely provide clarification.

local governments:

There are no anticipated costs or savings to local government as a result of this amended rule. The changes merely provide clarification.

other persons:

There are no anticipated costs or savings to other persons as a result of this amended rule. The changes merely provide clarification.

Compliance costs for affected persons:

There are no compliance costs for affected persons as a result of this amended rule. The changes merely provide clarification.

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:

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

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 carol.lear@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:

05/01/2007

This rule may become effective on:

05/09/2007

Authorized by:

Carol Lear, Director, School Law and Legislation

R277.  Education, Administration.

R277-459. Classroom Supplies 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 teacher or two or more job-sharing teachers employed by a school district, the Utah Schools for the Deaf and the Blind,[ the Edith Bowen Laboratory School,] and charter schools.  These teachers are licensed personnel, and paid on the teachers' salary schedule or a charter school salary schedule.  Teachers shall be employed for an entire contract period.  The teacher's primary responsibility shall be to provide instructional or a combination of instructional and counseling services to students in public schools.  Specific categories of staff to be included may be changed, therefore, current definitions may be found in the most recent legislation.

            C.  "Computer Aided Credentials of Teachers in Utah System (CACTUS)" means the electronic file maintained on all licensed Utah educators.  The file includes such as:

            (1)  personal directory information;

            (2)  educational background;

            (3)  endorsements;

            (4)  employment history;

            (5)  professional development information; and

            (6) a record of disciplinary action taken against the educator.

            All information contained in an individual's CACTUS file is available to the individual, but is classified private or protected under Section 63-2-302 or 304 and is accessible only to specific designated individuals.

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

            [D]E.  "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]F.  "USOE" means the Utah State Office of Education.

 

R277-459-2.  Authority and Purpose.

            A.  This rule is authorized under Utah Constitution Article X, Section 3 which gives general control and supervision of the public school system to the Board, by Section 53A-1-402(1)(b) which directs the Board to establish rules and minimum standards for school programs, and by state legislation which provides a designated appropriation for teacher classroom supplies and materials.

            B.  The purpose of this rule is to distribute money through school districts, the Utah Schools for the Deaf and the Blind,[ the Edith Bowen Laboratory School,] and charter schools to classroom teachers for school materials and supplies and field trips.

 

R277-459-3.  Distribution of Funds.

            A.  The USOE shall generate from the CACTUS database a teacher count of the full-time classroom teachers as defined above for [E]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 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.

            H.  These funds and supplies purchased with the funds are the property of the school district, the Utah Schools for the Deaf and the Blind, and charter schools.  Employees may not claim personal ownership of materials purchased with these public funds.

 

R277-459-4.  Other Provisions.

            A.  Districts, the Utah Schools for the Deaf and the Blind,[ the Edith Bowen Laboratory School,] and charter schools shall allow, but not require, teachers to jointly use their allocations.

            B.  Districts, the Utah Schools for the Deaf and the Blind,[ the Edith Bowen Laboratory School,] and charter schools shall allow part-time or job-sharing teachers a proportionate allocation.

 

KEY:  teachers, supplies

Date of Enactment or Last Substantive Amendment: [August 8, 2006]2007

Notice of Continuation:  July 6, 2005

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