1. (1) A school district that intends to split a school that qualifies as a necessarily existent small school or has qualified as a necessarily existent small school within the past five years shall submit a proposal to the Board as outlined in Subsection 53F-2-304(8).
2. (2) An LEA shall submit a proposal under Subsection (1), no later than July 1 of the fiscal year prior to the planned split.

3. (3) The Superintendent shall:

   1. (a) review an LEA's waiver request; and
   2. (b) may provide a recommendation to the Board.
4. (4) The Board Executive Committee may assign a waiver request made under this Rule R277-121 to a Board standing committee.

5. (5) The standing committee assigned in accordance with Subsection (2):

   1. (a) may solicit additional information or testimony;
   2. (b) shall review the request in an open meeting; and
   3. (c) shall make a recommendation for consideration by the full Board.

6. (6) The Board shall consider available data in evaluating an LEA waiver request and shall consider whether the split is:

   1. (a) educationally and operationally necessary; and
   2. (b) not primarily motivated by financial considerations related to necessarily existent small school funding.

7. (7) The Board may request an LEA that receives approval for a split in accordance with this Rule R277-445 and Section 53F-2-304 to report the following to a Board committee:

   1. (a) data that supports continuation of the requested split; and
   2. (b) data related to the data the LEA presented as a part of the LEA's request for the split.

KEY: school enrollment, educational facilities, small schools

Date of Last Change: October 17, 2025

Notice of Continuation: August 19, 2021

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-304(1)