DAR File No. 31832

Education, Administration

R277-477

Distribution of Funds from the School Trust Lands Account and Implementation of the School LAND Trust Program

NOTICE OF PROPOSED RULE

DAR File No.: 31832
Filed: 08/14/2008, 03:45
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide more specific language for schools/school districts to follow when administering the School LAND Trust Program funds.

Summary of the rule or change:

The changes provide for more specific procedures for distribution of funds based on approval of School LAND Trust Program plans and provide requirements for school business administrators to enter summary financial data about local School LAND Trust Program expenditures on the Program website.

State statutory or constitutional authorization for this rule:

Subsections 53A-16-101.5(3)(c) and 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The rule provides more specific procedures and guidance for schools/school districts when administering the Program.

local governments:

There are no anticipated costs or savings to local government. Schools/school districts will continue to receive funding for the Program but with clearer and more specific direction within the rule.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses and persons other than businesses. This rule and Program related to public schools/school districts.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Schools/school districts will have more specific information when using Program funds.

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:

10/01/2008

This rule may become effective on:

10/08/2008

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-477. Distribution of Funds from the School Trust Lands Account and Implementation of the School LAND Trust Program.

R277-477-3. Distribution of Funds -- Determination of Proportionate Share.

A. Funds shall be distributed to school districts and charter schools as provided under Section 53A-16-101.5(3)(a). The distribution shall be based on the state's total fall enrollment as reflected in the audited October 1 Fall Enrollment Report from the previous school year.

B. Each school district and the USOE, with regard to charter schools and the USDB, shall distribute funds received under R277-477-3A to each school within each school district or to each charter school and USDB on an equal per student basis.

C. Local school boards and the USOE may adjust distributions, maintaining an equal per student distribution for school openings and closures and for boundary changes occurring after the audited October 1 Fall Enrollment Report of the prior year.

D. All public non-charter schools receiving funds shall have a school community council as required by Sections 53A-1a-108[], and a current school plan for enhancing or improving academic excellence consistent with Section 53A-16-101.5 approved by the local school board.

E. All charter schools shall have a committee consisting of a majority of parents elected from parents of students currently attending the charter school that is designated to make decisions about the School LAND Trust funds, and a current school plan for enhancing or improving academic excellence consistent with Section 53A-16-101.5 approved by the State Charter School Board for state chartered schools.

F. The plan shall be electronically submitted to the USOE on the School LAND Trust Program website.

G. All charter schools shall be considered collectively as a school district to receive a base amount under Section 53A-16-101.5(3)(a)(i).

H. The USDB shall receive the average statewide per pupil base amount as the school's base allocation.

I. In order to receive its allocation, a school shall satisfy the requirements of Section 53A-16-101.5(4-7).

J. Plans shall include specific academic goals, steps to meet those goals, measurements to assess improvement and specific expenditures to implement plans that may include purchase of workbooks, textbooks, professional development, computer hardware and software, library and media supplies, or supplement funding for aides, teachers and specialists, and other tools for student academic improvement consistent with Section 53A-16-101.5(5).

K. Income from the Interest and Dividends Account shall be distributed to school districts after the close of the state fiscal year as the USOE receives the funds in the Interest and Dividends Account within the Uniform School Fund.

L. Each school board shall ensure timely distribution of the funds to[ eligible] schools with plans approved by the local school board.

[M. In a year-end report, each local board shall provide to the USOE:

(1) the names of schools and the funds distributed under this rule;

(2) required school plan information as designated in R277-477-4;

(3) a list of 10 percent of the district schools, or five schools implementing exemplary plans to be used to inform the public;

(4) the date on which funds were made available to each school; and

(5) the local school board of education meeting date(s) when School LAND Trust plans were approved.]M. When approving school plans on the School LAND Trust Program website, school district personnel shall report the meeting date(s) when the local school board approved the plans.

N. Funds not used in the school approved plan may be carried over by the school to the next school year and added to the School LAND Trust Program funds available for expenditure in that school the following year. Schools shall provide an explanation for any carry over that exceeds one-[half]third of the school's allocation in the school plan or report.

O. School LAND Trust Program funds shall be focused on the school's critical academic needs.

(1) School LAND Trust Funds shall only be used to directly impact instruction and enhance academic excellence in reading, writing, mathematics, science, social studies, technology, fine arts, foreign language, and career education in high schools.

(2) Expenditures to aid students in recovering academic credits, assisting students in completion and recovery of credits towards graduation, study skill classes and college entrance exam preparation classes are appropriate academic uses of the specific School LAND Trust Program funds.

(3) Programs to improve school climate, provide security, address behavioral issues, prevent bullying, permanent auditorium audio systems, and other non-academic school needs are not eligible for funding from the School LAND Trust Program.

(4) Student incentives shall be academic and the total may not exceed $1000, or four percent of the School LAND Trust Program funds, whichever is less. Examples of academic incentives include academic field trips, flashcards, books, or student planners.

(5) Schools for individuals with disabilities may use funds as needed to directly impact and improve student performance according to the Individual Education Plan (IEP)of the students.

[O]P. Funds from the School LAND Trust Program that are expended inconsistent with the requirements and academic intent of the law, inconsistent with R277-477, or inconsistent with the original school board/charter board approval shall be withheld by the USOE in subsequent years until the misappropriated funds have been restored.

[P]Q. Schools serving only youth in custody may form committees and submit plans to the district serving the students. Youth in custody schools shall receive the same per pupil distribution as other schools in the district providing services.[

Q. Plans submitted by schools chartered by the State Charter School Board shall be reviewed and approved by each charter school governing body and then submitted to the State Charter School Board for final approval.]

R. Plans submitted by charter schools[ chartered by local school boards] shall be [reviewed]prepared, submitted and approved by the charter school committee established in R277-470-9D, requiring a majority of elected parents to serve on the committee, and then submitted first to the local charter school board, then to the local school board for approval, if the school is chartered by the district, or to the State Charter School Board if the school is chartered by the Board.

S. Plans submitted by the USDB governing board shall be reviewed and approved by the State Superintendent or designee.

 

R277-477-4. Information to USOE.

A. Information on each school's plan to address critical academic needs shall be completed via the School LAND Trust Program website maintained through the USOE for accurate and uniform reporting.

B. To facilitate submission of information by schools, each school board shall establish a timeline for timely submission of information and a district submission date for the district schools not later than May 15 of each year.

C. Timelines shall allow for school committee reconsideration and editing of the school plan following local school board requested changes.

D. USOE staff shall visit ten percent of the schools receiving funds from the School LAND Trust Program annually to discuss the program and website, receive information and suggestions, provide training, answer questions and review implementation of the plans and reported purchases.

E. USOE staff shall read school plans and reports for compliance with the law.

[E]F. School districts wishing to submit information to the School LAND Trust website through a comprehensive electronic plan shall meet the parameters for programming and data entry required by the USOE. They shall review School LAND Trust plans on the USOE website prior to local school board approval to ensure information consistent with the law has been downloaded by individual schools into the electronic plan visible on the School LAND Trust Program website.

G. Charter school and school district business administrators shall enter financial data relating to the School LAND Trust Program on the School LAND Trust Program website at the time they prepare and submit Annual Program Report (APR) data to the USOE. The appropriate data shall appear in the final reports submitted online by school community councils for reporting to parents as required in Section 53A-1a-108.

H. The financial data shall include:

(1) the annual distribution received by each school (the sum of the distributions to schools within a school district equals the total distributed to the school district by the USOE);

(2) expenditures made by each school from revenues received from the School LAND Trust in the prior fiscal year.

I. Expenditures made after the close of the fiscal year shall be accounted for as expenditures in the following fiscal year.

J. The financial report in each school final report shall be consistent with the narrative submitted by that school community council or charter committee.

 

KEY: schools, trust lands funds

Date of Enactment or Last Substantive Amendment: [October 10, 2007]2008

Notice of Continuation: November 23, 2005

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-16-101.5(3)(c); 53A-1-401(3)