R277-109. Legislative Reporting and Accountability
R277. Education, Administration.
R277-109. Legislative Reporting and Accountability.
R277-109-1. Authority and Purpose.
(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;
(b) Subsection 53E-3-501(1), which directs the Board to establish rules and minimum standards for the public schools;
(c) Subsection 53E-3-401(2)(a), which gives the Board general control and supervision of the state's public education system for adoption and enforcement of rules;
(d) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Boards 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 Subsection 53E-3-401(8)(a).
(2) The purpose of this rule is to:
(a) require the Superintendent to create data collection plans necessary as determined by the Superintendent to fulfill statutory or Board reporting requirements; and
(b) require LEAs to submit data upon request to the Superintendent.
(3) The rule provides that LEA participation in Minimum School Program funding is conditioned upon LEAs providing complete and accurate data and information to the Superintendent and the Board.
R277-109-2. Definitions.
(1) "Minimum school program funds" or "MSP funds" means the state and local funds appropriated for the Minimum School Program to support educational activities in all grades Kindergarten through 12th grade, including the Basic State-Supported School Program, Related to Basic Program, the State-Supported Voted and Board Leeway Levy Programs, and other programs or allocations appropriated by the Legislature in Title 53F, Chapter 2, Minimum School Program Act.
(2) "Statutory or Board reporting requirement" means a reporting requirement as described in:
(a) the Utah Code or legislative intent as documented by legislative records; or
(b) Board rule.
R277-109-3. Board Direction to Superintendent and LEA Appeal Process.
(1) The Superintendent shall, in consultation with LEAs, collect data and prepare data collection reports or plans, as the Board directs or as the Superintendent deems necessary, to fulfill statutory or Board reporting requirements.
(2) The Superintendent is authorized by the Board to assist LEAs to fulfill reporting requests and to complete accountability or reporting plans.
(3) The Superintendent may sanction an LEA, if necessary, if the LEA fails to provide required data or reports by withholding MSP funds due to the LEA's failure to provide complete and accurate data or reports as requested.
(4) The Superintendent shall provide adequate notice to LEAs of reporting requirements and procedures for providing data in requested formats.
(5) If an LEA does not comply with a data program request or requirement, the Superintendent shall provide adequate and timely notice to the LEA that data was not submitted accurately and completely and LEA has 30 days to respond to the Superintendent's request for data or a required data report.
(6) The Superintendent may impose sanctions for noncompliance up to and including the withholding of MSP funds directly related to the data collection or reporting requirement.
(7) The Superintendent may withhold the program funds related to the requested data report or reporting requirement beginning with the next MSP transfer or beginning with subsequent MSP transfers including MSP funding for a subsequent fiscal year.
(8) An LEA may appeal to the Board in writing the Superintendent's decision to withhold program funds within 10 calendar days.
(9) The Board shall respond to the LEA within 30 calendar days.
(10) The Board's response is the final administrative action.
KEY: reporting, accountability
Date of Last Change: November 7, 2016
Notice of Continuation: September 9, 2021
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1); 53E-3-401(2)(a); 53E-3-401
Status of Rule
Effective November 7, 2016
Five-year review September 9, 2026
Oversight Framework
Related Utah Law
Public Education Statutes
Other Statutes
None
USBE Administrative Rules
R277-100, Definitions for USBE Rules
R277-102, Adjudicative Proceedings
R277-114, Response to Compliance and Related Issues
Related Federal Law
None
Resources
None
Contact Information
Primary Contact:
Greg Connell
greg.connell@schools.utah.gov
Policy, Law and Professional Practices
This page was last updated on August 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.
*Add history here*
NOTE: This history only shows rule versions from 2018 to the present. Any earlier documents can be accessed at the Office of Administrative Rules website. Please contact Kirin McInnis, legal assistant, at kirin.mcinnis@schools.utah.gov with any questions.
| Categories related to this rule: | This rule requires: | Framework category: | |||
| Adult Education | Committee or council | Exempt from framework | |||
| Charter Schools | Local policy | Category 1 | |||
| College and Career | X | Notice or website posting | Category 2 | ||
| Educators and Employees | Permission or consent | Category 3 | |||
| Federal | Plan | Category 4 | |||
| X | Funding | X | Reporting--Local | X | Uncategorized |
| LEA Operation and Administration | Reporting--USBE | ||||
| Licensing | Training | ||||
| Non-academic Student Support | |||||
| Parents | Related Funding: | ||||
| Participation in Public Schools | No related funding | ||||
| X | School Improvement and Accountability | X | Minimum School Program--Basic | ||
| Special Education | X | MSP--Related to Basic--Formula | |||
| Student Learning | X | MSP--Related to Basic--Grant | |||
| Student Safety, Behavior, and Discipline | Contracted Initiative | ||||
| Utah Schools for the Deaf and the Blind | Initiative Grant Program | ||||
| X | Utah State Board of Education | Other Funding |