Section R277-709-6 - Program Fiscal and Accountability Procedures(1) An LEA with an approved application and plan, and the Utah State Hospital, shall receive an allocation of state funds appropriated for YIC programs in accordance with Section 53E-3-503 and Section 26B-5-325.(2) An LEA shall receive funding determined by a set of criteria including:(a) the number of YIC students served by the LEA;(b) the type of program required for a student;(c) the setting for providing educational services; and(d) the length of the YIC program.(3) An LEA with an approved YIC program shall expend funds approved solely for the purposes described in the LEA's approved plan.(4) An LEA with an approved program may use funds that provide incidental benefits for non YIC students if:(a) the educational provider is performing a task related to specific needs of at least one YIC student outlined in the YIC student's education plan; and(b) the task does not require additional time beyond what is required to address the specific needs of at least one YIC student outlined in the YIC student's education plan.(5) The Superintendent may retain no more than 5% of the total YIC annual legislative appropriation for administration, oversight, monitoring, and evaluation of YIC programs and their compliance with law and this rule.(6) Up to 3% of the 5% of administrative funds allowed under Subsection (5) may be withheld by the Superintendent and directed to students attending YIC programs for short periods of time or to new or beginning YIC programs or initiatives benefiting YIC students.(7) The Superintendent may only contract through an RFP process with an appropriate entity if the Superintendent determines that the LEA where the facility is located is unable or unwilling to provide adequate education services.(8) YIC students receiving education services by or through an LEA shall be considered students of that LEA.(9) Notwithstanding the procedures for determining an alternative district of residency in Rule R277-621, an LEA may not create an alternative district of residency for a student who has been placed in custody primarily in an attempt to receive services in a state funded YIC program.(10) An LEA may carry forward 10% of state YIC funds or educational contract funds for use in the next fiscal year with written approval of the Superintendent.(11) An LEA shall submit to the Superintendent a request to carry forward funds for approval by the deadline specified by the Superintendent.(12) If approved, an LEA shall detail carry forward amounts in a revised budget submitted to the Superintendent by the deadline specified by the Superintendent in the year requested.(13) The Superintendent shall consider carry forward funds in determining the LEA's allocation for the next fiscal year.(14) The Superintendent shall:(a) annually assess carry forward fund balances more than 10%; and(b) reallocate excess funds to YIC programs based on the criteria and procedures provided by this rule.(15) An LEA may make budget adjustments to the LEA's approved plan without approval from the Superintendent if the adjustments are below 10% of the LEA's approved plan.(16) An LEA shall seek approval by the Superintendent to make budget adjustments that are larger than 10% of the LEA's approved plan.Utah Admin. Code R277-709-6
Amended by Utah State Bulletin Number 2018-9, effective 4/9/2018Amended by Utah State Bulletin Number 2019-18, effective 8/19/2019Amended by Utah State Bulletin Number 2023-04, effective 2/8/2023Amended by Utah State Bulletin Number 2024-22, effective 11/7/2024