Utah Admin. Code R277-471-10 - Enforcement
(1) An LEA which fails to comply with the
provisions of this rule is subject to consequences from the Board consistent
with Subsections
53E-3-401(8) and
53F-2-202(4)(d).
(a) If an LEA fails to meet or satisfy a
school construction inspection requirement or timeline designation under this
rule, the Superintendent shall, as directed by the Board, send the school
district superintendent or local charter school director notice by certified
mail; and
(b) If after 30 days the
requirement has not been met, the Superintendent may, as directed by the Board,
interrupt the Minimum School Program fund transfer process to the following
extent:
(i) 10% of the total monthly Minimum
School Program transfer amount the first month;
(ii) 25% in the second month; and
(iii) 50% in the third and subsequent
months.
(2) If
the Superintendent interrupts the Minimum School Program fund transfer process,
the Superintendent shall:
(i) upon receipt of
confirmation that the proper inspections have taken place or upon receipt of a
late report:
(A) restart the transfer process
within the month if the confirmation or report is submitted before the tenth
working day of the month; or
(B)
restart the transfer process in the following month if the confirmation or
report is submitted after 10 a.m. on or after the tenth working day of the
month;
(ii) inform the
Board at its next regularly scheduled meeting; and
(iii) inform the chair of the local governing
board if the school district superintendent or charter school director is not
responsive in correcting ongoing school construction inspection and reporting
problems.
(3) An LEA may
be subject to a nonrefundable fine in the amount of one half of one percent of
the total construction costs of a public school construction project if an LEA
fails to report a public school construction project consistent with Title 53E,
Chapter 3, Part 7, School Construction and the manual to the
Superintendent.
(4) The
Superintendent, with approval from the Board, shall deduct nonrefundable fine
amounts from the respective LEA's Minimum School Program allotment at a rate
sufficient to complete collection of the nonrefundable fine by the end of the
current fiscal year.
(a) The Superintendent
shall deposit school district nonrefundable fine amounts into the School
Building Revolving Account; and
(b)
The Superintendent shall deposit charter school nonrefundable fine amounts into
the Charter School Building Subaccount within the School Building Revolving
Account.
Notes
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