Utah Administrative Code
Topic - Education
Title R277 - Administration
Rule R277-477 - Distributions of Funds from the Trust Distribution Account and Administration of the School LAND Trust Program
Section R277-477-3 - Distribution of Funds - Local Board or Local Charter Board Approval of School LAND Trust Plans

Universal Citation: UT Admin Code R 277-477-3

Current through Bulletin 2024-06, March 15, 2024

(1) A public school receiving School LAND Trust program funds shall have:

(a) a school community council as required by Section 53G-7-1202 and Rule R277-491;

(b) a charter school trust land council as required by Section 53G-7-1205; or

(c) an approved exemption under this rule.

(2) Notwithstanding Subsection (1)(a), the USDB Advisory Council may fill the responsibilities of a school community council for USDB.

(3) A public school receiving School LAND Trust program funds shall submit a membership form demonstrating compliance with the required membership in Subsection (1) that includes a principal assurance consistent with Subsection 53G-7-1206(3)(c) by October 20 annually.

(4) A charter school that elects to receive School LAND Trust funds shall:

(a) have a charter trust land council consistent with Section 53G-7-1205; and

(b) receive training about Section 53G-7-1206.

(5) A charter trust land council that is not a charter governing board shall:

(a) be subject to Section 53G-7-1203;

(b) have parent or grandparent members elected by parents of students attending the charter school; and

(c) post the following items on the school's website by October 20 annually:
(i) an invitation to parents to serve on the Charter Trust Land Council;

(ii) the dollar amount the school receives each year from the School LAND Trust program;

(iii) a copy or link to the current Teacher and Student Success Plan;

(iv) approved minutes of Charter Trust Land Council meetings for at least a year;

(v) the proposed council meeting scheduled for the school year;

(vi) a means to contact the members of the school's Charter Trust Land Council directly;

(vii) a link or copy of the final reports of the school for the last two years, as required by Subsection 53G-7-1206(5);

(viii) a link or copy of the school plan for the current year.

(6) A charter school that is a small or special school may receive an exemption from the charter land trust council composition requirements contained in Section 53G-7-1205 upon application to the school's authorizer if the small or special school demonstrates and documents a good faith effort to recruit members to the charter trust land council.

(7) The principal of a charter school that elects to receive School LAND Trust funds shall submit a plan, approved by the school's governing board, to the approving entity on the School LAND Trust website:

(a) no later than April 1 for schools authorized by the State Charter School Board; or

(b) for a newly opening charter school, no later than November 1 in the school's first year to receive funding in the year the newly opening charter school opens.

(8)

(a) An approving entity:
(i) shall consider a plan annually; and

(ii) may approve or disapprove a school plan.

(b) If an approving entity does not approve a plan, the approving entity shall:
(i) provide a written explanation why the approving entity did not approve the plan; and

(ii) request that the school revise the plan, consistent with Subsection 53G-7-1206(4)(d).

(9)

(a) To receive funds, the principal of a public school shall submit a School LAND Trust plan to the approving entity annually through the School LAND Trust website using the form provided.

(b) The Board may grant an exemption to a school using the Superintendent-provided form, described in Subsection (8)(a), on a case-by-case basis.

(10) In addition to the requirements of Subsection (7), the School LAND Trust plan described in Subsections (6) and (8)(a) shall include the date the council voted to approve the plan.

(11)

(a) The principal of a school shall ensure that a council member has an opportunity to provide a signature indicating the member's involvement in implementing the current School LAND Trust plan and developing the school plan for the upcoming year.

(b) The principal shall collect a council member's signature at the Council plan approval meeting or at a later time consistent with LEA policies.

(c) A school shall retain signatures collected under Subsection (11)(b) for no less than three years.

(d) A school shall provide copies of signatures collected under Subsection (11)(b) to the LEA governing board prior to the Board plan approval meeting.

(e) An approving entity may design the approving entity's own form to collect the information required by this Subsection (11).

(12)

(a) An approving entity for a district school or a charter school authorized by an authorizer other than the State Charter School Board shall establish a timeline, including a deadline, for a school to submit a school's School LAND Trust plan.

(b) A timeline described in Subsection (10)(a) shall:
(i) require a school's School LAND Trust plan to be submitted to the approving entity with sufficient time so that the approving entity may approve the school's School LAND Trust plan no later than May 15 of each year; and

(ii) allow sufficient time for a council to reconsider and amend the council's School LAND Trust plan if the approving entity rejects the school's plan and still allow the school to meet the May 15 approving entity's approval deadline.

(c) After an approving entity has completed the approving entity's review, the approving entity shall notify the Superintendent that the review is complete.

(d) For an LEA to receive its full distribution in July, the LEA shall submit plans with all required approvals online no later than May 15.

(13)

(a) Prior to approving a plan, an approving entity shall review a School LAND Trust plan under the approving entity's purview to confirm that a School LAND Trust plan contains:
(i) academic goals;

(ii) specific steps to meet the academic goals described in Subsection (11)(a)(i);

(iii) measurements to assess improvement; and

(iv) specific expenditures focused on student academic improvement needed to implement plan goals.

(b) The approving entity shall determine whether a School LAND Trust plan is evidence-based and consistent with the approving entity's pedagogy, programs, and curriculum.

(c) The president or chair of the approving entity shall provide training annually on the requirements of Section 53G-7-1206 to the members of the approving entity.

(14)

(a) After receiving the notice described in Subsection (10)(c), the Superintendent shall review each School LAND Trust plan for compliance with the law governing School LAND Trust plans.

(b) The Superintendent shall report back to the approving entity concerning which School LAND Trust plans were found to be out of compliance with the law.

(c) An approving entity shall ensure that a School LAND Trust plan that is found to be out of compliance with the law by the Superintendent is amended or revised by the council to bring the school's School LAND Trust plan into compliance with the law.

(15) If an approving entity fails to comply with Subsection (12)(c), Superintendent may report the failure to the Audit Committee of the Board as described in Section R277-477-8.

Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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