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Rule R277-436. Gang Prevention and Intervention Programs in the Schools.

As in effect on May 1, 2008

Table of Contents

R277-436-1. Definitions.

A. "Student at risk" means any student who because of his individual needs requires some kind of uniquely designed intervention in order to achieve literacy, graduate and be prepared for transition from school to post- school options.

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

C. "Gang" (as defined in this rule) means a group of people who form an allegiance and engage in a range of anti-social behaviors that may include violent or unlawful activity or both. These groups may have a name, turf, colors, symbols, or distinct dress, or any combination of the preceding characteristics.

D. "Gang prevention" means instructional and support strategies, activities, programs, or curricula designed and implemented to provide successful experiences for youth and families. These components shall promote cultural and social competence, self-management skills, citizenship, preparation for life skills, academic achievement, literacy, and interpersonal relationship skills required for school completion and full participation in society.

E. "Gang intervention" means specially designed services required by an individual student experiencing difficulty in cultural and social competence, self-management skills, citizenship, preparation for life skills, academic achievement, literacy, and interpersonal relationships within or outside of the school which may impact the individual's susceptibility to gang membership or gang-like activities or both.

F. "Gang Prevention and Intervention Program" means specifically designed projects and activities to help at-risk students stay in school and enhance their cultural and social competence, self-management skills, citizenship, preparation for life skills, academic achievement, literacy, and interpersonal relationship skills required for school completion and full participation in society.

G. "In kind services" means those materials, staff and equipment which are required to develop and implement gang prevention and intervention services, strategies, activities, programs, and curricula with individual students, families, or both. In kind services do not include office space and related office support.

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

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

R277-436-2. 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 Board, by Section 53A-1-401(4) which directs the Board to adopt rules mandating school productivity and cost effective measures, Section 53A-15-601 which appropriates funds to be used for Gang Prevention and Intervention Programs in the Schools, allows the Board to develop an application process, and to distribute funds, 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 for distributing funding for gang prevention and intervention programs in the schools.

R277-436-3. Application and Distribution of Funds.

A. Awards shall be made to individual schools and funds allocated to school districts to distribute to designated schools.

B. School districts may submit a single district-wide application for one or more schools within the district. The application shall:

(1) provide for distribution of funds to individual schools;

(2) require individual schools included within the application to satisfy criteria designated in law and rule; and

(3) provide explanations of program variation from school to school, if any.

C. Applications shall be provided by the USOE.

D. Schools shall submit applications to the Director of Services for At Risk Students or designee who shall make final funding recommendations to the USOE Finance Committee by June 30 of the year prior to the fiscal year in which the money is available.

E. Applicants shall provide evidence and intent of their ability to supply the required school contribution percentage as designated in 53A-15-601(5).

F. In kind services shall be provided consistent with Section 53A-15-601(5) and R277-436-1G.

G. Awards per school shall be based on funds available and specific funding limits shall be prescribed in the application provided by the USOE.

H. Schools may submit joint applications.

I. Priority shall be given to applications reflecting interagency collaboration.

J. Projects receiving funding shall be notified by July 1.

K. Schools or joint school applications that were funded and complied with all requirements of law and rule may reapply in subsequent years using an abbreviated application form provided by the USOE At-Risk Director or designee.

L. The USOE may retain up to five percent of the annual legislative appropriation for the following specific purposes:

(1) an amount not to exceed 2.5 percent for:

(a) site visits; and

(b) inservice.

(2) an amount not to exceed 2.5 percent for:

(a) administrative oversight; and

(b) statewide coordination training.

R277-436-4. Limitation on Funds.

A. Funds shall be used exclusively for purposes set forth in Section 53A-15-601.

B. Transfer of funds between line items or the extension of project completion dates may be made only with prior written approval of the USOE At Risk Director or designee.

R277-436-5. Evaluation and Reports.

A. A school in a district that accepts Gang Prevention and Intervention Program funds shall provide the USOE with a year-end evaluation report by June 30 of the fiscal year in which the award was made.

B. The year-end report shall include:

(1) an expenditure report;

(2) a narrative description of all activities funded;

(3) copies of any and all products developed;

(4) effectiveness report detailing evidence of individual and overall program impact on gang and gang-related activities and involvement;

(5) verification that the required school contribution percentage of program costs were provided by the individual school; and

(6) other information or data as required by the USOE At Risk Director.

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.

R277-436-6. Waivers.

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

KEY

public schools, disciplinary problems, students at risk*, gangs*

Date of Enactment or Last Substantive Amendment

April 15, 1999

Notice of Continuation

June 4, 2003

Authorizing, Implemented, or Interpreted Law

Art X Sec 3; 53A-1-401(4); 53A-15-601; 53A-1-401(3)


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