DAR File No. 29935

Education, Administration

R277-416

Experimental and Developmental Programs

NOTICE OF PROPOSED RULE

DAR File No.: 29935
Filed: 05/14/2007, 12:42
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being repealed because the state law and funding for the program no longer exist.

Summary of the rule or change:

The rule is repealed in its entirety.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 costs or savings to the state budget. State law and funding for this program no longer exist so the program has been discontinued.

local governments:

There are no anticipated costs or savings to local government. State law and funding for this program no longer exist so the program has been discontinued.

other persons:

There are no anticipated costs or savings to other persons. State law and funding for this program no longer exist so the program has been discontinued.

Compliance costs for affected persons:

There are no compliance costs for affected persons. State law and funding for this program no longer exist so the program has been discontinued.

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:

07/02/2007

This rule may become effective on:

07/09/2007

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

[R277-416. Experimental and Developmental Programs.

R277-416-1. Definitions.

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

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

C. "Developmental" means to bring an idea, concept, thought, principle, strategy, system, or structure into activity or reality.

D. "Experimental" means to research, test, or both, an idea, concept, thought, principle, strategy, system, or structure to determine its effectiveness, workability, or validity within an educational setting.

E. "Evaluation" means a review conducted by a person or group which assesses procedures, results and products.

F. "Superintendent" means the State Superintendent of Public Instruction.

G. "Statewide projects" means programs or activities that satisfy the definitions of developmental and experimental, above, and have potential to benefit education, as determined by the Superintendent.

 

R277-416-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and authority over public education in the State Board of Education, by Section 53A-1-401(4) which directs the Board to adopt rules mandating school productivity and cost efficient measures, Section 53A-17a-132 which directs the Board to distribute state funds for the Experimental/Developmental 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 establish standards and procedures required for Experimental and Developmental funding.

 

R277-416-3. Types of Funds; Distribution.

State Experimental and Developmental funds are provided to districts in two categories--formula grants and grants for statewide projects.

A. Formula grants--seventy-five percent of the legislative appropriation of Experimental/Developmental funds shall be distributed among school districts under 53A-17a-132(1)(a) and (b).

B. Statewide projects--twenty-five percent of the legislative appropriation of Experimental/Developmental funds shall be distributed among school districts for statewide projects.

 

R277-416-4. Limitations on Funds.

A. Funds shall be used exclusively for purposes set forth in 53A-17a-132.

B. Statewide project funds shall be expended according to approved budget line items.

C. Transfer of funds between line items or the extension of completion dates for statewide projects may be made only with prior written approval of the USOE Finance Committee.

D. A new experimental or developmental program may only be funded under 53A-17a-132 for a maximum of three consecutive years.

E. Funds received may not be used to supplant either local district funds or funds available from other state and local sources.

 

R277-416-5. Evaluation and Reports.

A. A district that accepts Experimental/Developmental funds shall provide the USOE with a year-end evaluation report.

B. The year-end report shall include:

(1) an expenditure report;

(2) a narrative description of all activities funded; and

(3) copies of any and all products developed.

C. 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.

 

R277-416-6. Waiver.

The Superintendent may grant a written request for a waiver of a requirement or deadline which a district finds unduly limiting. The waiver shall be consistent with the Utah Public Education Strategic Plan, January 1992, pages 17 and 21, or with the express purpose of this rule.

 

KEY: educational research, educational planning, educational reform

Date of Enactment or Last Substantive Amendment: 1993

Notice of Continuation: March 29, 2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-17a-132; 53A-1-401(3); 53A-1-401(4)]