R277-108. Annual Assurance of Compliance by Local School Boards

R277.  Education, Administration.

R277-108.  Annual Assurance of Compliance by Local School Boards.

R277-108-1.  Authority, Purpose, and Oversight Category.

          (1)  This rule is authorized by:

          (a)  Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board; and

          (b)  Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law and allows the Board to interrupt disbursements of state aid to any district which fails to comply with rules adopted in accordance with the law.

          (2)  The purpose of this rule is to provide local school boards with a checklist of laws requiring local school board action and a means of assuring that local boards are in compliance.

          (3)  This Rule R277-108 is categorized as Category 3 as described in Rule R277-111.

R277-108-2.  Definitions.

          "Assurance document" or "checklist" means the Annual Assurances of Compliance checklist incorporated by reference in Section R277-108-3.

R277-108-3.  Incorporation of Annual Assurances of Compliance.

          (1)  This rule incorporates by reference the Local Education Agency (LEA) Compliance and Assurance Checklist for 2024-2025 School Year, which lists the required state and federal compliance information for identified programs and funds, including:

          (a)  Board Rule;

          (b)  State statute;

          (c)  Federal Code of Regulations; and

          (d)  Federal Law.

          (2)  A copy of the current Annual Assurances of Compliance List is located at:

          (a)  https://schools.utah.gov/administrativerules/documentsincorporated; and

          (b)  the Utah State Board of Education - 250 East 500 South, Salt Lake City, Utah 84111.

R277-108-4.  Assurance Document Creation and Availability.

          (1)  The Superintendent shall provide a checklist of laws and State Board of Education Administrative Rules which require action or compliance by June 1 of each year to school district superintendents, the superintendent for the Utah School for the Deaf and the Blind and charter school directors.

          (2)  The checklist described in Subsection (1) shall be approved by the Board and shall identify laws and rules along with required compliance dates and reporting forms, if different or necessary than or in addition to the annual assurance document.

          (3)  The Superintendent shall consolidate all required reporting and compliance forms and provide for electronic reporting, to the extent possible and ensure the assurance document is available publicly.

R277-108-5.  Process, Procedures, and Penalties.

          (1)  An LEA shall submit the required annual responses to the assurance document and other compliance forms on or before dates identified by the Board.

          (2)  An LEA's assurance document shall contain a signed attestation by the appropriate authority attesting to the accuracy and validity of all responses and assurances provided by an LEA.

          (3)  If an LEA cannot provide required assurances, compliance information or forms by required dates, an LEA shall provide to the Superintendent a written explanation of the LEA's inability and provide an anticipated submission date.

          (4)  An LEA's request for additional time to provide the assurance shall be reviewed by the Superintendent and accepted or rejected in a timely manner.

          (5)  The Superintendent shall request a written explanation from an LEA and identified schools that fail to meet the reporting and compliance deadlines and that have not provided an explanation and request for a delayed submission date.

          (6)  Following an opportunity to provide explanations and request a delayed submission date, an LEA and identified schools shall be notified of penalties assessed by the Board against the LEA in accordance with Rule R277-114, state law, or federal law.

R277-108-6.  Reporting Deadlines.

          Responses for the assurance document from an LEA are due to the Superintendent no later than July 1 of each year.

R277-108-7.  Record Retention.

          Responses to the assurance document, as required by the Board, shall be kept on file by the Superintendent for five years, together with letters of explanation and documentation of penalties, as directed by the Board.

KEY:  local school boards, compliance, assurances

Date of Last Change:  June 7, 2024

Notice of Continuation:  December 13, 2022

Authorizing, and Implemented or Interpreted Law:  Art X Sec 3; 53E-3-401(4)

Status of Rule

Effective June 7, 2024

Five-year review December 13, 2027

---

Oversight Framework

Category 3

---

Related Utah Law

Public Education Statutes
53E-3-401

Other Statutes
None

USBE Administrative Rules
R277-100, Definitions for USBE Rules

R277-114, Response to Compliance Related Issues

R277-328, Equal Opportunity in Education

R277-910, Underage Drinking and Substance Abuse Prevention Program

R277-927, Teacher and Student Success Act Program (TSSA)

---

Related Federal Law

None

---

Resources

Local Education Agency (LEA) Compliance and Assurance Checklist

---

Contact Information

Primary Contact:
Max Lang
max.lang@schools.utah.gov
ESEA and Related State Initiatives

Secondary Contact:
Val Murdock
val.murdock@schools.utah.gov
ESEA and Related State Initiatives

---

This page was last updated on October 23, 2024.

---

NOTE: The information on this webpage is provided as a service to users and the Utah State Board of Education is not responsible for any errors or omissions.

---