This filing was published in the 01/15/2009, issue, Vol. 2009, No. 2, of the Utah State Bulletin.
Public Participation in Utah State Board of Education Decisions
NOTICE OF PROPOSED RULE
DAR File No.: 32254
Filed: 12/30/2008, 01:14
Received by: NL
Purpose of the rule or reason for the change:
The Utah State Board of Education (Board) may choose or vote to reconsider previous actions. This rule is amended to provide procedures for the Board to follow for this purpose.
Summary of the rule or change:
The amendments include new definitions, a new section regarding reconsideration of previous Board action, and a new section on Board waiver of administrative rules.
State statutory or constitutional authorization for this rule:
Anticipated cost or savings to:
the state budget:
There are no anticipated costs or savings to the state budget. The changes are specific to procedure and do not require additional funding.
There are no anticipated costs or savings to local government. The changes are procedural and relate specifically to the Board and do not involve schools or school districts.
small businesses and persons other than businesses:
There are no anticipated costs or savings to small businesses AND persons other than businesses. The changes are procedural and relate specifically to the Board and do not involve small businesses AND other persons.
Compliance costs for affected persons:
There are no compliance costs for affected persons. The changes are specific to procedure and do not require any additional funding.
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
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 email@example.com
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:
This rule may become effective on:
Carol Lear, Director, School Law and Legislation
R277. Education, Administration.
Participation in ]Utah State Board of Education [ Decisions].
A. "Board" means the Utah State Board of Education.
"Chair" means duly elected Chairman of the Board, Vice-chair,
or Chair of a Board standing committee.
R277-101-2. Authority and Purpose.
A. This rule is authorized under Utah Constitution, Article X, Section 3 which vests general control and supervision of public education in the Board, Section 52-4-1 which directs that the actions of the Board be taken openly and that its deliberations be conducted openly and by 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 describe procedures to be followed by the Board in its conduct of the public's business in order to:
(1) hear from those who desire to be heard on public education matters in the state;
conserve] the time of the Board;
(3) enable staff to provide timely and essential information; and
(4) balance desire for public information with other demands on the Board's time.
R277-101-3. Public Participation.
A. Citizens may attend meetings of the Board.
B. Citizens may speak to the Board:
(a) to issues not on the agenda during the time designated for public comment.
(i) Priority shall be given to those individuals or groups who, prior to the meeting, have submitted a written request to address the Board, including a brief description of the issue to be addressed.
action shall be taken by the Board[
on issues raised] during the public
comment portion of the meeting.
(iii) At the Board's discretion, a Board member may request that an item raised during public comment be placed on a future agenda for possible action.
(iv) The Chair may limit the time available for individual comments; number of comments and time limits shall be stated prior to the public comment portion of the agenda.
(v) The Chair may request groups to designate a spokesperson.
(b) to items on the agenda during the time designated for public comment, or at the discretion of and as invited by the Chair, when the item is properly before the Board or committee. The Chair may request that public comments be provided in writing.
C. All presentations to the Board or one of its committees shall exemplify courteous behavior and appropriate language.
any presentation to the Board or one of its committees, individuals and groups
may remain as spectators [
to] the meeting.
E. Additional comments to the Board or committees may only be made as recognized and invited by the Chair.
KEY: school boards, open government
Date of Enactment or
Last Substantive Amendment: [
Notice of Continuation: September 6, 2007
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 52-4-1; 53A-1-401(3)
Text to be deleted is struck through and surrounded by brackets (e.g., [
example]). Text to be added is underlined (e.g., ). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org
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.
Last modified: 01/13/2009 6:22 PM