Utah Admin. Code 277-114-3

Current through Bulletin No. 2024-21, November 1, 2024
Section R277-114-3 - Use of Framework for Compliance and Related Issues
(1)
(a) Except as provided in Subsection (1)(b), for an alleged compliance issue regarding a program or set of requirements in framework category one or two, the Superintendent shall refer reports and complaints back to the oversight entity for resolution.
(b) The Superintendent may work informally with an oversight entity to resolve an alleged compliance issue arising under a program or set of requirements in framework category one or two, including discussing whether:
(i) the oversight entity had adequate time to comply; or
(ii) the oversight entity needs additional training.
(2) For a compliance issue arising under a program or set of requirements in framework category three or four, the Superintendent shall pursue formal corrective action:
(a) as described in Section R277-114-4 or R277-114-5; and
(b) in accordance with a state law, administrative rule, or a contract associated with the program or set of requirements.
(3)
(a) In response to an alleged compliance issue regarding a program or set of requirements, Board leadership may work informally with the oversight entity toward resolving the issue, which efforts may include:
(i) for an issue regarding an LEA, meeting with the chair of the LEA's governing board, the LEA's superintendent, or charter director; or
(ii) considering whether training or additional time will allow the oversight entity to resolve the issue.
(b) Before Board leadership works informally with an oversight entity as described in Subsection (3)(a), Board leadership shall notify the Board member or members who represent the area where the oversight entity is located.
(c)
(i) For an alleged compliance issue regarding a program or set of requirements uncategorized or in framework category one or two, the Board's audit committee may determine an appropriate method to investigate the alleged compliance issue, including requesting the Board's internal audit function to investigate the alleged issue in accordance with Rule R277-116.
(ii) If the Board's audit committee directs an investigation as described in Subsection (3)(c)(i), the entity conducting the investigation shall notify the oversight entity that the investigation will review an alleged compliance issue in accordance with this section.
(d) Based on the results of an investigation described in Subsection (3)(c), the Board may:
(i) take no further action;
(ii) resolve the issue informally;
(iii) direct the Superintendent to pursue corrective action as described in Section R277-114-4 or R277-114-5; or
(iv) take other action.

Utah Admin. Code R277-114-3

Amended by Utah State Bulletin Number 2015-13, effective 6/8/2015
Amended by Utah State Bulletin Number 2017-5, effective 2/7/2017
Amended by Utah State Bulletin Number 2020-07, effective 3/12/2020
Amended by Utah State Bulletin Number 2024-06, effective 3/11/2024