Education

Administration

Rule 460: Distribution of Substance Abuse Prevention Account

Effective Date: 10/08/2026

Admin. Code Reference: R277-460

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Filing ID: 58161

Rule or section number:

R277-460

1. Agency Information

Title catchline:

Education, Administration

Building:

Board of Education

Street address:

250 E 500 S

City, state:

Salt Lake City, UT

Mailing address:

PO Box 144200

City, state and zip:

Salt Lake City, UT 84114-4200

2. Contact Persons

Name:

Phone:

Email:

Elisse Newey

801-538-7500

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:

R277-460. Distribution of Substance Abuse Prevention Account

B. Purpose of the new rule or reason for the change:

These rule amendments are needed to clarify language and formatting.

C. Summary of the new rule or change:

These amendments are strictly technical in nature.

The changes update stylistic formatting, replace awkward phrasing with standard references, and align terminology regarding the Superintendent's grant application process to improve overall clarity for Local Education Agencies (LEAs).

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This amendment is not expected to have fiscal impact on state government revenues or expenditures.

Updating statutory cross-references is a technical clean-up measure.

Shifting data reporting standards to align with Rule R277-439 and eliminating the separate annual internal report to the Utah State Board of Education's (Board) Finance Committee simplifies internal Board administrative tasks.

Program administration costs, staff salaries, and state fund distributions from the Substance Abuse Prevention Account remain unchanged.

Because no new software builds, staff Full-Time Equivalencies (FTEs), or programmatic appropriations are required, there are no incremental costs or savings to the state budget.

B. Local governments:

This amendment is not expected to have fiscal impact on local governments' revenues or expenditures.

Because LEAs already track and submit year-end prevention program data electronically, aligning Rule R277-460 reporting mechanisms with existing consolidated prevention reporting frameworks streamlines local reporting workflows rather than introducing new administrative steps or data collection burdens.

Therefore, local governments will experience no incremental costs or savings.

C. Small businesses ("small business" means a business employing 1-49 persons):

This amendment is not expected to have fiscal impact on small businesses' revenues or expenditures.

This administrative rule regulates the internal distribution and reporting of state Substance Abuse Prevention Account funds to public school districts and charter schools.

It contains no provisions that regulate, tax, or impose compliance obligations on private commercial enterprises or small businesses.

Therefore, it has zero aggregate economic impact on small businesses.

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 amendment is not expected to have fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities.

These rule amendments adjust statutory references and consolidate public school reporting mechanisms.

These updates do not alter substance abuse prevention instruction delivered to students, nor do they impose any direct financial liabilities, tax changes, out-of-pocket fees, or cost savings on parents, students, educators, or individual taxpayers as an aggregate class.

F. Compliance costs for affected persons:

There are no compliance costs for affected persons.

Individual school administrators and educators complete grant reporting tasks as part of their standard ongoing administrative duties using existing electronic systems.

Because the changes require no out-of-pocket expenses, hardware purchases, or filing fees from individual entities within an affected class, the incremental compliance cost per individual entity is $0.

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."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

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

Section 53E-3-522

Section 53F-2-525

Section 51-9-405

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:

10/01/2026

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)

10/08/2026

13. Agency Authorization Information

Agency head or

designee and title:

Elisse Newey, Deputy Superintendent of

Policy

Date:

08/14/2026

R277. Education, Administration.

R277-460. Distribution of Substance Abuse Prevention Account.

R277-460-1. 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) Section 53G-10-405, which directs the Board to adopt rules providing for instruction on the harmful effects of alcohol, tobacco, electronic cigarette products, and controlled substances;

(c) 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; and

(d) Section [51-9-405]53E-3-522, which [provides for funds from the Substance Abuse Prevention Account to be allocated to the Board

for]directs the Board to provide for:

(i) substance abuse prevention and education;

(ii) substance abuse prevention training for teachers and administrators; and

(iii) LEA programs to supplement, not supplant, existing local prevention efforts in cooperation with local substance abuse authorities.

(2) The purpose of this rule is to provide for the distribution of the Board's share of the money from the Substance Abuse Prevention Account.

R277-460-2. Definitions.

(1) "Educational materials" means visual and auditory media, curricula, textbooks, and other disposable or non-disposable items that enhance student understanding of the subject matter.

(2) "Electronic cigarette product" has the same meaning as that term is defined in Section 59-14-802.

(3) "Local substance abuse authority" means the person or group designated by the Legislature as the county authority to receive public funds for substance abuse prevention and treatment.

(4) "Substance abuse prevention education activities and intervention" means proactive educational activities designed to eliminate any illegal use of alcohol, tobacco, electronic cigarette products, and controlled substances.

R277-460-3. Fund Allocations.

(1) Before making the distributions described in Subsections (2) and (3), the Superintendent shall retain sufficient substance abuse prevention funds to pay for the salary, benefits, and indirect costs of a program administrator at a salary level to be determined by the Superintendent and support staff costs for the program administrator.

(2) After the allocation of substance abuse prevention funds is retained as described in Subsection (1), the Superintendent may use up to 45% to:

(a) purchase educational materials to support and supplement existing substance abuse prevention efforts;

(b) encourage and support statewide substance abuse prevention training for school district and charter school teachers and administrators; and

(3) At least 55% of the substance abuse prevention funds remaining after the allocation described in Subsection (1) shall be distributed to LEAs for use by the LEAs or individual schools within the LEA based on application.

R277-460-4. Applications.

(1) The Superintendent shall develop an application for LEAs that are interested in applying for substance abuse prevention funds available as described in this [R277-460]rule.

(2) An LEA shall submit the LEA's application to the specialist designated by the Superintendent.

(3)(a) Substance abuse prevention funds shall be distributed to LEAs based on funds available from the Substance Abuse Prevention Account.

(b) The Superintendent shall describe the available funding amounts in the [Board ]application described in Subsection (1).

(4) An LEA's application for substance abuse prevention funds shall include the following:

(a) the applicant's intention to collaborate with the local substance abuse authority and community groups, including shared plans and strategies for substance abuse prevention education, activities, and intervention;

(b) the applicant's plan for professional development on substance abuse;

(d) teacher reports of classroom implementation and plans for classroom monitoring visits;

(e) applicant's enhancement of substance abuse curriculum with additional substance abuse activities and strategies; and

(f) applicant's implementation of substance abuse curriculum with school-based behavioral[/] or health or coordinated school health

initiatives.

R277-460-5. Limitations on Funds.

(1) The Superintendent and LEAs shall use substance abuse prevention funds exclusively for purposes set forth in Section [51-9-405]53E-

3-522.

(2) Transfer of funds between line items or the extension of project completion dates may be made only with prior written approval of the Superintendent.

(3) An LEA may not use funds received under this [R277-460]rule to supplant:

(a) funds currently available to the LEA; or

(b) funds available from other state or local sources.

R277-460-6. Evaluation and Reports.

(1) An applicant that receives substance abuse prevention funds shall provide [the Superintendent with a year-end report on or before July

1 of the fiscal year in which the award was made]an end-of-year report in a form and within the deadlines specified by the Superintendent outlined in

Rule R277-439.

(2) The [year-end]end-of-year report described in Subsection (1) shall [include:

(a) an expenditure report;

(b) a narrative description of activities funded; and

(c) an action research or data project report]account for the use of funds and include data demonstrating the effectiveness of the LEA's use

of those funds in accordance with Subsection 53F-2-525(5)(i).

(3) The Superintendent may require additional evaluation or audit procedures from an award recipient to demonstrate the use of funds consistent with the law and Board rules.

[(4) The Superintendent shall annually report the following information to the Board's Finance Committee:

(a) the number of LEAs receiving substance abuse prevention funds;

(b) a summary of the LEAs' use of program funds; and

KEY: public schools, substance abuse prevention

Date of Last Change: [August 12, 2020]2026

Notice of Continuation: August 19, 2021

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; [53G-10-405]53E-3-522; 53F-2-525; 51-9-405

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