NOTICE OF SUBSTANTIVE CHANGE
1. Agency Information
Education, Administration
Salt Lake City, UT 84114-4200
2. Contact Persons
Elisse.newey@schools.utah.gov
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R277-802. Educational Enrichment Programs for Deaf, Hard of Hearing, Blind, and Visually Impaired Students
B. Purpose of the new rule or reason for the change:
This proposed rule is due to the passage of HB 448 during the 2026 General Session.
C. Summary of the new rule or change:
This proposed rule:
1) defines the review and recommendation process for enrichment funding requests;
2) establishes staff screening and advisory review procedures;
3) clarifies allowable uses of enrichment funds, and;
4) provides requirements related to administration, accountability, and statewide access to enrichment opportunities.
This proposed rule also authorizes the use of enrichment funds for reasonable administrative and program support costs necessary for implementation of the Educational Enrichment Programs, including personnel, facilitation, outreach, application review, and program administration activities.
Additionally, this proposed rule provides flexibility for the use of evaluation tools, rubrics, and procedures developed in consultation with the advisory council while maintaining the Utah State Board of Education (USBE) oversight and compliance with applicable law.
4. Legislative Action Information
A. Are any changes in this filing
because of state legislative action?
Changes are because of legislative action.
B. If yes, any bill number and
session:
HB 448 (2026 General Session)
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
This proposed rule is not expected to have fiscal impact on state government revenues or expenditures.
The USBE believes that any fiscal impacts were captured in the fiscal note for HB 448 (2026).
This proposed rule is not expected to have fiscal impact on local governments' revenues or expenditures.
The USBE believes that any fiscal impacts were captured in the fiscal note for HB 448 (2026).
C. Small businesses ("small business" means a business employing 1-49 persons):
This proposed rule is not expected to have fiscal impact on small businesses' revenues or expenditures.
The USBE believes that any fiscal impacts were captured in the fiscal note for HB 448 (2026).
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
There are no non-small businesses in the industry in question, Elementary and Secondary Schools (North American Industry Classification System (NAICS) 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule change is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses, and it does not require any expenditures of, or generate revenue for non-small businesses.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
This proposed rule is not expected to have fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities.
The USBE believes that any fiscal impacts were captured in the fiscal note for HB 448 (2026).
F. Compliance costs for affected persons:
There are no compliance costs for affected persons.
The USBE believes that any fiscal impacts were captured in the fiscal note for HB 448 (2026).
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The State Superintendent of the Utah State Board of Education, Molly Hart, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
Utah Constitution, Article X, Section 3
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Elisse Newey, Deputy Superintendent of
Policy
R277. Education, Administration.
R277-802. Educational Enrichment Programs for Deaf, Hard of Hearing, Blind, and Visually Impaired Students. R277-802-1. Authority and Purpose. (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) Section 53E-8-407, which establishes the Educational Enrichment Programs for Deaf and Hard of Hearing Students and Blind and Visually Impaired Students; and (d) applicable provisions of Title 53E governing the Utah Schools for the Deaf and the Blind. (2) The purpose of this rule is to: (a) establish procedures and standards for the administration and use of the Educational Enrichment Programs for Deaf and Hard of Hearing Students and Blind and Visually Impaired Students; (b) ensure equitable statewide access to family friendly enrichment opportunities and supports for eligible deaf, hard of hearing, blind, visually impaired, and deafblind students and families; (c) support enrichment opportunities statewide regardless of participation in a USDB campus program or service; (d) establish procedures for the administration and review of applications submitted by external entities to USDB and provide a transparent and consistent process for evaluating USDB Enrichment Grant funding requests; (e) establish advisory council and subcommittee responsibilities related to Educational Enrichment Program and USDB Enrichment Grant funding recommendations; and (f) authorize the development and use of evaluation tools, rubrics, and procedures developed in consultation with the advisory council. (1) "Advisory council" means the Advisory Council for the Utah Schools for the Deaf and the Blind established in Section 53E-8-206. (2) "Educational enrichment programs" means the Educational Enrichment Program for Deaf and Hard of Hearing Students and the Educational Enrichment Program for Blind and Visually Impaired Students established in Section 53E-8-407. (3) "Eligible student" means a student who is deaf, hard of hearing, blind, visually impaired, or deafblind and eligible for services from USDB in accordance with Section 53E-8-401. (4) "Staff screening" means the initial administrative review of an application to verify eligibility, completeness, minimum requirements, and alignment with applicable program criteria. (5) "Subcommittee" means a committee designated by the advisory council to review and evaluate enrichment requests before advisory council consideration. R277-802-3. Enrichment Program Administration. (1) USDB shall administer the Educational Enrichment Programs described in Section 53E-8-407 for eligible students served statewide by USDB. (2) In accordance with Section 53E-8-206, the advisory council may establish subcommittees to review matters related to the Educational Enrichment Programs and make recommendations to the advisory council. (a) A subcommittee representing the deaf and hard of hearing community may review and make recommendations regarding the distribution of funds from the Educational Enrichment Program for Deaf and Hard of Hearing Students. (b) A subcommittee representing the blind and visually impaired community may review and make recommendations regarding the distribution of funds from the Educational Enrichment Program for Blind and Visually Impaired Students. (c) Recommendations of a subcommittee shall be submitted to the advisory council for consideration before submission to the Board. (3) Enrichment funds may be used for activities or supports that promote: (b) communication access; (c) assistive technology; (d) independent living skills; (f) family engagement and support; (g) interscholastic sports; (h) enrichment opportunities, including: (i) experiential learning; (iv) cultural activities; and (v) community-based instruction; or (vi) other purposes consistent with applicable law and Board-approved program objectives. 
