R277-752. Special Education Intensive Services Fund

R277.  Education, Administration.

R277-752.  Special Education Intensive Services Fund.

R277-752-1.  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; 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.

          (2)  The purpose of this rule is to establish:

          (a)  an application process for the special education intensive services fund; and

          (b)  a formula to distribute the funds.

R277-752-2.  Definitions.

          (1)  "Base reimbursement level" means an LEA's eligible costs up to $10,000.

          (2)  "Budget" means the total expenditures reported on an LEA's Annual Program Report, "APR."

          (3)(a)  "Cost of setting" means the average cost of a student's educational environment, including:

          (i)  for a preschool student, the cost of services provided in an early childhood setting;

          (ii)  for a general education student, the cost of services provided in a general education classroom by special education personnel;

          (iii)  for resource students, the cost of services provided in a special education classroom by pull-out from the general education classroom;

          (iv)  for a student in a special class, the cost of services provided in a special education classroom for all or most of the day; and

          (v)  for a student in a special school, the cost of services provided in a separate school where all students have disabilities.

          (b)  "Cost of setting" is calculated by dividing the sum of costs for teachers and paraprofessionals in a given learning environment by the number of students in the same learning environment.

          (4)  "Local education agency" or "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

          (5)  "Small LEA" means an LEA with enrollment of less than 5,000 students as shown on the most recent October 1 count.

          (6)  "Special education intensive services fund" means funding available to offset the costs of students whose educational program exceeds three times the state average per pupil expenditures.

R277-752-3.  Application Process - Distribution Formula.

          (1)  Beginning in the 20-21 school year, to receive an annual allocation from the special education intensive services fund, an LEA shall annually submit to the Superintendent an application by June 30, on a form approved by the Superintendent.

          (2)(a)  Except as provided in Subsection (2)(b), if the carry forward balances of an LEA's state special education programs exceed 20% of the LEA's special education budget as of June 30 of the prior fiscal year as reported in the LEA's Annual Program Report, the LEA may not submit an application for an annual allocation or reimbursement under the intensive services fund.

          (b)  An LEA with prior fiscal year carry forward balances that exceed 20% as described in Subsection (2)(a) may submit an application for an annual allocation or reimbursement under the intensive services fund if the LEA:

          (i)  demonstrate the LEA's state special education carry forward balances do not exceed 20% of the LEA's special education current year budget as of December 31; and

          (ii)  submits a balance sheet, signed by the LEA's superintendent or charter school director certifying the LEA's state special education fund balances as of December 31 immediately before filing the application.

          (3)  From the special education intensive services fund, the Superintendent shall allocate up to the base reimbursement level to all qualifying LEAs.

          (4)(a)  Following the distribution described in Subsection (3), the Superintendent shall set aside funding for qualifying small LEAs proportional to the small LEAs' share of self-contained special education students.

          (b)  The Superintendent shall distribute the funds set aside in accordance with Subsection (4)(a) to small LEAs following the step down reimbursement formula described in Subsections (5)(a) through (d).

          (5)  Following the distribution described in Subsection (4), the Superintendent shall distribute any remaining funds to LEAs using a step down reimbursement process as described in this Subsection (5):

          (a)  The first step is to reimburse for the highest cost student equal to the difference between the highest cost student and the second highest cost student.

          (b)  The second step is to reimburse for the highest cost student and second highest cost student equal to the difference between the second highest cost student and the third highest cost student.

          (c)  The Superintendent shall continue the step down reimbursement process described in this subsection until funds are exhausted.

          (d)  In determining student cost under this Subsection (5), the Superintendent shall sum expenses from an LEA's application described in Subsection (1) less:

          (i)  the state average per pupil expenditures using data from the most recently published State Superintendent's Annual Report; and

          (ii)  reimbursements from private insurance or Medicaid.

          (6)(a)  The Superintendent shall maintain and publish a list of costs eligible for reimbursement under this rule along with the rate of reimbursement.

          (b)(i)  The Superintendent shall exclude cost of setting from reimbursement calculations.

          (ii)  Notwithstanding Subsection (6)(b)(ii), the Superintendent shall allow reimbursement of cost of setting to a small LEA.

          (7)(a)  If an LEA's carry forward exceeds the LEA's special education budget by an amount greater than 20% of the special education budget, the Superintendent shall recoup funds in excess of the 20% carry forward and make the funds available for distribution in the next year's intensive services fund program.

          (b)  Notwithstanding the requirements of Subsection (7)(a), an LEA has three years to spend carry forward fund balances incurred before June 30, 2019.

R277-752-4.  Rule Sunset and Carry Forward Funds.

          (1)  The Superintendent will cease intensive services fund distributions after June 30, 2024.

          (2)  The Superintendent shall recoup any carry forward balance for special education funding in excess of 10% of an LEA's special education budget after June 30, 2026 and return the funds to the Uniform School Fund.

          (3)  Section R277-752-3 will sunset on June 30, 2024.

KEY:  special education, intensive services fund

Date of Last Change:  January 10, 2024

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

Status of Rule

Effective January 10, 2024

Five-year review June 5, 2025

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Oversight Framework

Uncategorized

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Related Utah Law

Public Education Statutes
None

Other Statutes
None

USBE Administrative Rules
R277-100, Definitions for USBE Rules

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Related Federal Law

Individuals with Disabilities Education Act (IDEA)

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Resources

None

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Contact Information

Primary Contact:
Neil Stevens
neil.stevens@schools.utah.gov
Operations, Financial Operations

Secondary Contact:
Cole Shakespear
cole.shakespear@schools.utah.gov
Operations, Financial Operations

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This page was last updated on August 19, 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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