R277-444. Distribution of Money to Arts Organizations

R277.  Education, Administration.

R277-444.  Distribution of Money to Arts Organizations.

R277-444-1.  Authority, Purpose, and Oversight Category.

          (1)  This rule is authorized by:

          (a)  Utah Constitution Article X, Section 3, which vests general control and supervision of the public school system with the Board;

          (b)  Subsection 53E-3-401(4), which allows the Board to adopt rules in accordance with its responsibilities; and

          (c)  Section 53E-3-501, which directs the Board to establish rules and standards for the public schools, including curriculum and instruction requirements.

          (2)  The purpose of this rule is to provide for the distribution of money appropriated by the state to an arts organization that:

          (a)  provides an educational service to a student or teacher; and

          (b)  facilitates a student developing and using the knowledge, skills, and appreciation defined in an arts core standard.

          (3)  This Rule R277-444 is categorized as Category 3 as described in Rule R277-111.

R277-444-2.  Definitions.

          (1)  "Arts organization" means a professional artistic organization that provides an educational service related to dance, music, drama, art, visual art, or media art in the state.

          (2)  "City" has the same meaning as that term is defined in Subsection 10-1-104(1).

          (3)  "Community" means the group of persons that have an interest or involvement in the education of a person in kindergarten through grade 12, including:

          (a)  a student, parent, teacher, and administrator; and

          (b)  an association or council that represents a person described in Subsection (2)(a).

          (4)  "Core standard" means a standard:

          (a)  established by the Board in Rule R277-700 as required by Section 53E-3-501; and

          (b)  that defines the knowledge and skills a student should have in kindergarten through grade 12 to enable a student to be prepared for college or workforce training.

          (5)  "Cost effectiveness" means:

          (a)  maximization of the educational potential of the resources available through the organization; and

          (b)  not using money received through a program for the necessary maintenance and operational costs of the organization.

          (6)(a)  "Educational service" means an in-depth instructional workshop, demonstration, presentation, performance, residency, tour, exhibit, teacher professional development, side-by-side mentoring, or hands-on activity that:

          (i)  relates to an arts core standard;

          (ii)  except as provided in Subsection (6)(b), takes place in a public school, charter school, professional venue, or a facility;

          (b)  "Educational service" may include a distance experience that is provided from a remote location, or that take place outside of the regular school day, if done in addition to the requirements of Subsection (6)(a).

          (7)  "Educational soundness" means an educational service that:

          (a)  is designed for the community and grade level being served, including a suggested preparatory activity and a follow-up activity that are relevant to a core standard;

          (b)  features literal interaction of a student or teacher with an artist;

          (c)  focuses on a specific core standard; and

          (d)  shows continuous improvement guided by analysis of an evaluative tool.

          (8)  "Fiscal agent" means a city that:

          (a)  is designated by an organization as described in Subsection R277-444-4(5); and

          (b)  acts on behalf of an organization to perform financial or compliance duties.

          (9)  "Hands-on activity" means an activity that includes active involvement of a student with an artist or scientist, ideally with material provided by the organization.

          (10)  "Organization" means:

          (a)  a nonprofit corporation organized under:

          (i)  Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act; or

          (ii)  Section 501(c)(3), Internal Revenue Code; and

          (b)  an arts organization.

          (11)  "Procedural efficiency" means the organization delivers the educational service at the lowest cost possible.

          (12)  "Professional excellence" means the organization:

          (a)  has been juried or reviewed, based on criteria for artistic or scientific excellence, by a panel of recognized and qualified critics in the appropriate discipline;

          (b)  has received a recognition of excellence through an award, a prize, a grant, a commission, or an invitation to participate in a recognized series of presentations in a well-known venue;

          (c)  includes a recognized and qualified professional in the appropriate discipline who has created an artistic project or composition specifically for the organization to present; or

          (d)  any combination of criteria described in Subsections (13)(a) through (c).

          (13)  "Professional outreach programs in the schools program" or "POPS program" means a program described in Section R277-444-7 for which an arts organization may apply to receive money appropriated by the state.

          (14)(a)  "Program" means the system through which the Board grants money appropriated by the state to an organization to enable the organization to provide its expertise and resources through an educational service in the teaching of a core standard.

          (b)  "Program" includes:

          (i)  the provisional program;

          (ii)  the POPS program; and

          (iii)  the Subsidy program.

R277-444-3.  Program Application.

          (1)  If the state appropriates money for a program, an organization may apply to receive money from a program:

          (a)  on an application form provided by the Superintendent; and

          (b)  during the fiscal year immediately before the fiscal year in which the organization is to receive the money.

          (2)  The application shall include:

          (a)  documentation that the organization is:

          (i)  a non-profit corporation that has existed at least three consecutive years before the date of the application;

          (ii)  an arts organization or a science organization that has attained professional excellence in the discipline;

          (iii)  fiscally responsible; and

          (iv)  can practice procedural efficiency.

          (b)  a description of the matching funds required by Subsection R277-444-4(3);

          (c)  an educational service plan, which describes:

          (i)  the educational service that the organization will use the program money to provide; and

          (ii)  a plan to creatively and effectively provide the educational service; and

          (d)  any supplemental documentation to comply with state law and this rule as requested by the Superintendent.

          (3)  The Superintendent shall evaluate and approve or deny an application based on:

          (a)  whether the organization meets the requirements of this rule; and

          (b)  how well the organization's educational service plan meets the purpose of this rule.

R277-444-4.  Grant General Provisions and Disbursement.

          (1)  The Superintendent shall disburse the appropriated money to an organization consistent with Sections 63G-6b-201 and 63G-6b-301.

          (2)  An organization that receives money from a program shall have equal matching money from another source to support its delivery of an educational service.

          (3)(a)  Except as provided by Subsection (4)(b), an organization may not charge the school, teacher, or student a fee for the educational service for which the organization receives program money.

          (b)  An organization that receives money from the Subsidy program may charge a fee for an educational service.

          (4)(a)  An organization may designate a city as the organization's fiscal agent if:

          (i)  the city's governing body oversees and monitors the organization and fiscal agent's compliance with program requirements;

          (ii)  the city complies with Board rules;

          (iii)  the city and the organization use program money for required purposes described in this rule; and

          (iv)  the city and the organization have an agreement or contract in place regarding the designation of the city as the organization's fiscal agent.

          (b)  A city fiscal agent may not use program money:

          (i)  for the city's general administrative purposes; or

          (ii)  to fund administrative costs to act as the organization's fiscal agent.

          (5)  An artist, or entity hired or sponsored by an organization to provide an educational service shall comply with the procedures and requirements of this rule.

          (6)  The final disbursement of funds may not be made until after the year-end report has been received.

R277-444-5.  Year-end Report - Evaluation -- Accountability -- Variations.

          (1)(a)  An organization that receives money from a program shall submit a year-end report to the Superintendent by the required annual deadline.

          (b)  The year-end report shall include:

          (i)  documentation of the organization's non-profit status;

          (ii)  a budget expenditure report and income source report using a form provided by the Superintendent, including a report and accounting of matching funds and a fee charged, if any, for an educational service;

          (iii)  a record of the dates and places of all educational services provided, the number of hours of educational service per LEA, school, and classroom, as applicable, with the number of students and teachers served, including:

          (A)  documentation of the schools that have been offered an opportunity to receive an educational service over a three year period, to the extent possible and consistent with the organization's plan;

          (B)  documentation of collaboration with the Superintendent and the community in planning the educational service, including the content, a preparatory activity, and a follow-up activity that are relevant to a core standard;

          (C)  a brief description of the educational service provided through the program, and if requested, copies of any material developed; and

          (D)  a description of how the educational service contributed to a student developing and using the knowledge, skills, and appreciation defined in an arts standard;

          (iv)  a summary of the organization's evaluation of:

          (A)  cost-effectiveness;

          (B)  procedural efficiency;

          (C)  collaborative practices;

          (D)  educational soundness; and

          (E)  professional excellence; and

          (v)  a description of the results of an evaluation system prescribed by the Superintendent and any implemented improvements based on feedback.

          (2)  The Superintendent may visit an organization to evaluate the effectiveness and preparation of the organization:

          (a)  before the Superintendent approves an application;

          (b)  before disbursing money; and

          (c)  during an educational service.

          (3)(a)  In addition to the year-end report required by Subsection (1), the Superintendent may require an evaluation or an audit procedure from an organization demonstrating use of money consistent with state law and this rule.

          (b)  If the Superintendent finds that an organization did not use money received from a program consistent with state law and this rule, the Superintendent may:

          (i)  reduce or eliminate the grant to the organization in the current fiscal year;

          (ii)  deny an organization's participation in a program in a future fiscal year; or

          (iii)  impose any other consequence the Board deems necessary to ensure the proper use of public funds.

          (4)(a)  An organization may not deviate from the approved educational service plan for which the organization receives money unless:

          (i)  the organization submits a written request for variation to the Superintendent;

          (ii)  the organization receives approval from the Superintendent for the variation; and

          (iii)  the variation is consistent with state law and this rule.

          (b)  An organization shall describe the nature and justification for a variation approved under Subsection (4)(a) in a year-end report.

          (5)  The Superintendent shall ensure that participating LEAs receive educational services in a balanced and comprehensive manner over a three year period.

R277-444-6.  Provisional Program Requirements.

          (1)  Through the Provisional program, and pending legislative funding, the Board may grant an organization money to enable the organization to:

          (a)  further develop an educational service that is sound;

          (b)  increase the number of students or teachers who receive an educational service; or

          (c)  expand the geographical location in which the educational service is delivered.

          (2)  An organization may apply for a grant each year for up to five years if the organization demonstrates an increase in the educational service between the year-end report and the proposed educational service plan described in the application.

          (3)(a)  An arts organization may apply for the POPS program if the organization:

          (i)  has successfully participated in the provisional program for three consecutive years in which the state appropriates money to the provisional program;

          (ii)  has educational staff and the capacity to deliver an educational service state-wide; and

          (iii)  demonstrates during participation in the provisional program:

          (A)  the quality and improvement of an educational service;

          (B)  fiscal responsibility;

          (C)  cost-effectiveness;

          (D)  procedural efficiency;

          (E)  collaborative practices;

          (F)  educational soundness; and

          (G)  professional excellence.

          (b)  An organization shall submit a letter of intent to transition from the provisional program to the POPS program to the Superintendent by October 1 of the calendar year immediately before the calendar year in which the organization submits the application for the POPS program.

R277-444-7.  POPS Program Requirements.

          (1)(a)  Through the POPS program, the Board may grant money to an arts organization to provide an educational service state-wide.

          (b)  A grant from the POPS program is ongoing, subject to the review required by Subsection (4).

          (2)  An organization that receives money from the POPS program may not receive money from the Provisional program or the Subsidy program in the same fiscal year.

          (3)(a)  At least once every four years, the Superintendent shall review and evaluate all organizations' participation in the POPS program, which may include:

          (i)  evaluation of an educational service plan, or year-end report;

          (ii)  attendance at an educational service or a site visit and;

          (iii)  financial monitoring.

          (b)  The Superintendent shall:

          (i)  report to the Board the results of the review and evaluation; and

          (ii)  make a recommendation to the Board regarding an organization's continued participation in the program based on how well the organization fulfills the purpose of this rule.

          (4)  Each Utah school shall be offered an opportunity to receive services from each discipline at least once every three years.

          (5)  A POPS program organizations shall comply with state law.

R277-444-8.  Subsidy Program Requirements.

          (1)(a)  Through the Subsidy program, the Superintendent may grant money to an organization that provides a valuable education service but does not qualify for participation in another program.

          (b)  A grant from the Subsidy program is ongoing, subject to the review required by Subsection (5).

          (2)(a)  An organization may apply to receive money through the Subsidy program if the organization has successfully participated in the Provisional program for three consecutive years in which the state appropriated money to the Provisional program.

          (b)  An organization shall submit a letter of intent to transition from the Provisional program to the Subsidy program to the Superintendent:

          (A)  within the calendar year immediately before the calendar year in which the organization will submit an application for the Subsidy program; and

          (B)  by the deadline set by the Superintendent.

          (3)  An arts organization may apply for the Subsidy program if the organization:

          (a)  has successfully provided a valuable educational service during its participation in the Provisional program; and

          (b)  does not meet the requirements to participate in the POPS program because the organization:

          (i)  delivers an educational service regionally instead of state-wide; or

          (ii)  charges a fee for an educational service.

          (c)  demonstrates during participation in the Provisional program:

          (i)  the quality and improvement of an educational service;

          (ii)  fiscal responsibility;

          (iii)  cost-effectiveness;

          (iv)  procedural efficiency;

          (v)  collaborative practices;

          (vi)  educational soundness; and

          (vii)  professional excellence.

          (4)  An organization that receives money from the Subsidy program may not receive money from another program in the same fiscal year.

          (5)(a)  At least once every four years, the Superintendent shall review and evaluate all organizations' participation in the Subsidy program, which may include:

          (i)  evaluation of an educational service plan, year-end report, reimbursement form, or audit; and

          (ii)  attendance at an educational service or a site visit.

          (b)  The Superintendent shall:

          (i)  report to the Board the results of the review and evaluation; and

          (ii)  make a recommendation to the Board regarding an organization's continued participation in the Subsidy program based on how well the organization fulfills the purpose of this rule.

KEY:  arts, science, core standards, POPS, grant program

Date of Last Change:  October 8, 2024

Notice of Continuation:  June 5, 2020

Authorizing, and Implemented or Interpreted Law:  Art X Sec 3; 53E-3-401(4); 53E-3-501

Status of Rule

Effective October 8, 2024

Five-year review June 5, 2025

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Oversight Framework

Category 3

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Related Utah Law

Public Education Statutes
53E-3-501

Other Statutes
63G-6b-201

63G-6b-301

USBE Administrative Rules
R277-100, Definitions for USBE Rules

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Related Federal Law

None

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Resources

None

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Contact Information

Primary Contact:
Liz Bunker
liz.bunker@schools.utah.gov
Teaching and Learning

Secondary Contact:
Laurie Baefsky
laurie.baefsky@schools.utah.gov
Teaching and Learning

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This page was last updated on November 9, 2024.

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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.

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