DAR File No. 31953

Education, Administration

R277-459

Classroom Supplies Appropriation

NOTICE OF PROPOSED RULE

DAR File No.: 31953
Filed: 09/15/2008, 09:03
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide for changes to the one-time funding for classroom supplies appropriation in S.B. 2, 2008 Legislative Session. (DAR NOTE: S.B. 2 (2008) is found at Chapter 397, Laws of Utah 2008, and was effective 03/20/2008.)

Summary of the rule or change:

The changes include: 1) adding and changing definitions; and 2) changing the manner in which the funds will be distributed and to whom.

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. Funding was provided by the 2008 Legislature with specific direction for distribution.

local governments:

There are no anticipated costs or savings to local government. Funding was provided by the 2008 Legislature to be distributed to school districts, charter schools, and the Utah Schools for the Deaf and the Blind for eligible teachers.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses AND persons other than business. The program and appropriation relates to public education employees only.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Eligible teachers will receive an appropriate portion of the classroom supplies appropriation.

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:

10/31/2008

This rule may become effective on:

11/07/2008

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" definition criteria:

(1) Eligible teachers shall be in 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, or charter schools.

(2) Eligible teachers are licensed personnel, and paid on a school district's salary schedule or a charter school's salary schedule.

(3) Teachers shall be employed for an entire contract period.

(4) The teacher's primary responsibility shall be to provide instructional or a combination of instructional and counseling services to students in public schools.

C. "[Computer Aided Credentials of Teachers in Utah System]Comprehensive Administration of Credentials for Teachers in Utah Schools (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]63G-2-302 or 305 and is accessible only to specific designated individuals.

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

E. "First year classroom teacher/intern" means any teacher who has no experience posted in the teacher's CACTUS file in the school/school district in which the teacher is currently assigned as of the November 15 [2007 ]CACTUS update.

F. "Intern" means a teacher education student, who, in an advanced stage of preparation, usually as a culminating experience, may be employed in a school setting for a period of up to one year and receive salary proportionate to the service rendered. An intern is supervised primarily by the school system but with a continuing relationship with college personnel and following a planned program designed to produce a demonstrably competent professional. An intern is licensed under a letter of authorization consistent with R277-503, Licensing Routes.

G. "Second year through fifth year classroom teacher" means any teacher who has one to four years of experience in the teacher's CACTUS file as of the November 15[, 2007 ] CACTUS file.

H. "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.

I. "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, or 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 [and intern teachers as defined in this rule]consistent with S.B. 2, Section 30, 2008 Legislative Session, for each school district, the Utah Schools for the Deaf and the Blind, or charter schools as of November 15 of each year.

[B. The USOE shall distribute a base allocation through each school district, the Utah Schools for the Deaf and the Blind, and to charter schools proportionally per eligible position to the extent of the appropriation.

(1) In addition to the total base allocation to all teachers as directed in H.B. 160, 2007 Legislative Session, an additional amount shall be distributed to teachers in any grade in the first year of teaching, or as an intern, in each school district, the Utah Schools for the Deaf and the Blind, or charter schools proportionally per eligible position, to the extent of the appropriation.

(2) If the teacher allocation in R277-459-3B(1) exceeds $500 per first year classroom teacher/intern as defined under R277-459-1E, the rest of the funding shall be distributed to teachers in any grade in the second through the fifth year of teaching using the following schedule:

(a) second year teacher shall receive 80 percent of first year teacher amount;

(b) third year teacher shall receive 60 percent of first year teacher amount;

(c) fourth year teacher shall receive 40 percent of first year teacher amount;

(d) fifth year teacher shall receive 20 percent of first year teacher amount.]B. For the $7,500,000 portion of the classroom supplies appropriation for 2008, the Board shall distribute funds to school districts, charter schools and the Utah Schools for the Deaf and the Blind based on data submitted to the CACTUS database consistent with S.B. 2, Section 30, 2008 Legislative Session.

C. School districts, charter schools and the Utah Schools for the Deaf and the Blind shall distribute funds for classroom supplies consistent with the amounts for salary schedule steps and teaching assignments designated in S.B. 2, Section 30, 2008 Legislative Session.

D. Following the distribution of the $7,500,000 portion of the classroom supplies appropriation, the Board shall distribute the $2,500,000 portion of the classroom supplies appropriation for 2008, consistent with the following:

(1) First year teachers shall receive a $500 classroom stipend.

(2) The remaining funds shall be distributed only to teachers in their second through fifth years of teaching consistent with the following:

(a) Second year teacher shall receive up to 80 percent of the first year teacher amount.

(b) third year teacher shall receive up to 60 percent of the first year teacher amount.

(c) fourth year teacher shall receive up to 40 percent of the first year teacher amount.

(d) fifth year teacher shall receive up to 20 percent of the first year teacher amount.

[C]E. Individual teachers shall designate the uses for their allocations consistent with the criteria of this rule. School districts/charter schools and other eligible schools shall develop procedures and timelines to facilitate the intent of the appropriation.

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

[E]G. 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 eligible teachers the following year[s].

[F]H. These funds shall supplement, not supplant, existing funds for identified purposes.

[G]I. These funds shall be accounted for by the school district/charter school or eligible school using state and school district procurement and accounting policies.

[H]J. The funds and supplies purchased with the funds are the property of the school district, the Utah Schools for the Deaf and the Blind, or charter schools. Employees do not personally own materials purchased with designated public funds.

 

KEY: teachers, supplies

Date of Enactment or Last Substantive Amendment: [August 7, 2007]2008

Notice of Continuation: July 6, 2005

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