Section 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.Utah Admin. Code R277-752-3
Adopted by Utah State Bulletin Number 2017-5, effective 2/7/2017Amended by Utah State Bulletin Number 2020-17, effective 8/24/2020Amended by Utah State Bulletin Number 2020-19, effective 9/25/2020Amended by Utah State Bulletin Number 2021-02, effective 12/16/2020Amended by Utah State Bulletin Number 2021-07, effective 3/11/2021Amended by Utah State Bulletin Number 2024-02, effective 1/10/2024