Utah Admin. Code R277-123-1 - Authority, Purpose, and Oversight Category
(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;
(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;
(c) Subsection
53E-3-401(8)(a), which allows the Board to take corrective action, withhold
funds, issue penalties, and require reimbursement of funds;
(d) Subsection 53E-3-401(8)(c), which directs
the Board to make rules related to violations of the public education code or
board rule;
(e) Subsection
53E-3-401(8)(d), which allows the Board to establish a process in rule for an
individual to bring a violation of statute or board rule to the attention of
the Board;
(f) Subsections
53G-2-103(8), 53G-2-104(5), and 53G-2-105(6), which allow a report of
violations of these subsections to the Board in accordance with Section
53E-3-401; and
(g) Subsection
53G-10-103(8), which requires the Board to establish a process to allow an
individual to report violations of that subsection by an LEA to the
Board.
(2) The purpose
of this rule is to establish a process for an individual to bring an alleged
violation of statute or board rule to the attention of the Board.
(3)
(a)
Sections R277-123-4 and R277-123-5, insofar as they create requirements for
LEAs, are categorized as Category 2 as described in Rule R277-111.
(b) The remainder of the rule is categorized
as exempt as described in Rule R277-111.
Notes
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(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;
(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;
(c) Subsection 53E-3-401(8)(a), which allows the Board to take corrective action, withhold funds, issue penalties, and require reimbursement of funds;
(d) Subsection 53E-3-401(8)(c), which directs the Board to make rules related to violations of the public education code or board rule;
(e) Subsection 53E-3-401(8)(d), which allows the Board to establish a process in rule for an individual to bring a violation of statute or board rule to the attention of the Board;
(f) Subsections 53G-2-103(8), 53G-2-104(5), and 53G-2-105(6), which allow a report of violations of these subsections to the Board in accordance with Section 53E-3-401; and
(g) Subsection 53G-10-103(8), which requires the Board to establish a process to allow an individual to report violations of that subsection by an LEA to the Board.
(2) The purpose of this rule is to establish a process for an individual to bring an alleged violation of statute or board rule to the attention of the Board.
(3)
(a) Sections R277-123-4 and R277-123-5, insofar as they create requirements for LEAs, are categorized as Category 2 as described in Rule R277-111.
(b) The remainder of the rule is categorized as exempt as described in Rule R277-111.