File No. 34828
This rule was published in the June 1, 2011, issue (Vol. 2011, No. 11) of the Utah State Bulletin.
Education, Administration
Rule R277-464
Highly Impacted Schools
Notice of Proposed Rule
(Repeal)
DAR File No.: 34828
Filed: 05/16/2011 06:42:08 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule is repealed because the statutory language that established specific programs for at-risk students has been replaced with a new more flexible program established in H.B. 2, 2011 General Session, which provides funding to local education agencies (LEAs) to support the academic growth of students who are at risk for academic failure. A new rule consistent with the new statutory language providing for more flexible at-risk program funding will replace this rule. (DAR NOTE: H.B. 2 (2011) will be effective 07/01/2011.)
Summary of the rule or change:
This rule is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Subsection 53A-1-401(3)
Anticipated cost or savings to:
the state budget:
There are no anticipated costs or savings to the state budget. This rule is repealed because the language in this rule is no longer supported by statute. A new rule consistent with new statutory language will replace this rule.
local governments:
There are no anticipated costs or savings to local government. This rule is repealed because the language in this rule is no longer supported by statute. A new rule consistent with new statutory language will replace this rule.
small businesses:
There are no anticipated costs or savings to small businesses. This rule relates to public education and does not affect businesses.
persons other than small businesses, businesses, or local governmental entities:
There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. This rule is repealed because the language in this rule is no longer supported by statute. A new rule consistent with new statutory language will replace this rule.
Compliance costs for affected persons:
There are no compliance costs for affected persons. This rule is repealed because the language in this rule is no longer supported by statute. A new rule consistent with new statutory language will replace this rule.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have reviewed this rule and I see no fiscal impact on businesses.
Larry K. Shumway, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
EducationAdministration
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [email protected]
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
07/01/2011
This rule may become effective on:
07/08/2011
Authorized by:
Carol Lear, Director, School Law and Legislation
RULE TEXT
R277. Education, Administration.
[
R277-464. Highly Impacted Schools.
R277-464-1. Definitions.
A. "Board" means the Utah State Board of
Education.
B. "Data Clearinghouse" means the electronic
data collection system used by the USOE to collect information
required by law from LEAs about individual students at certain
points throughout the school year to support the allocation of
funds and accountability reporting.
C. "School" means a public school, other than a
special purpose school, primarily intended to serve students from
a specific geographical area in any of grades K through
12.
D. "Special purpose school" means a school
primarily intended to serve a special population of students such
as students at risk, students with disabilities, or other special
designation.
E. The "student mobility" factor means the
proportion of students who move and have a change in school
assignment during a school year. It is a percent, calculated as
follows:
(1) stable students (SS), those who are reported as
enrolled in the same school for the entire school year; divided
by
(2) unduplicated cumulative enrollment (CE) in a school
over a given school year; subtracted from
(3) 1, and multiplied by 100; or (1 -
(SS/CE))100.
F. The "students who are eligible for free school
lunch" factor means the total number of students in a school
reported as economically disadvantaged using federal child
nutrition income eligibility guidelines.
G. The "English Language Learner (ELL)" factor
means the total number of ELL students in a school reported as
having proficiency in the English language at or below the level
of intermediate on the basis of the Utah Academic Language
Proficiency Assessment (UALPA).
H. The "ethnic minority students" factor means
the total number of students in a school reported as:
(1) American Indian or Alaskan native;
(2) Hispanic;
(3) Asian;
(4) Pacific Islander; or
(5) Black, using federal guidelines.
I. The "students from single parent families"
factor means the total number of students in a school who live in
a household headed by a male without a wife present or by a
female without a husband present derived from data on persons age
5 through 17 in a geographic area approximating the service area
of the school who live in a household with a similar
composition.
J. "USOE" means the Utah State Office of
Education.
R277-464-2. Authority and Purpose.
A. This rule is authorized by Utah Constitution Article
X, Section 3 which vests general control and supervision of the
public education system in the Board, Section 53A-15-701(3) which
directs the State Superintendent of Public Instruction and the
Board to develop a formula, administer the program, distribute
the appropriation and monitor the effectiveness of highly
impacted school programs, Section 53A-17a-121(2) which directs
the Board to develop rules to implement programs for at risk
students and distribute funds for at risk programs, and Section
53A-1-401(3) which allows the Board to adopt rules in accordance
with its responsibilities.
B. The purpose of this rule is to establish criteria and
procedures for distributing funds to highly impacted schools. The
intent of this appropriation is to provide students with
increased educational contact with qualified staff.
R277-464-3. Applications and Distribution of Funds.
A. Awards shall be made to individual schools and funds
allocated to school districts or charter schools shall be fully
distributed to designated schools.
B. Applications shall be provided through the
USOE.
C. Schools shall be selected for funding based on an
analysis of the eligibility factors designated in Section
53A-15-701(2)(a). Those factors shall be equally
weighted.
(1) Beginning with the FY 2009 funding cycle, statistics
for school eligibility determination and allocations shall be
based on the latest available data from the Year End upload of
the Data Clearinghouse consistent with the funding schedule,
except for the single parent status statistic, which shall be
derived from Census Bureau data sources.
(2) Schools may use funds for learning programs
identified by the school, if the school provides:
(a) goals;
(b) activities; and
(c) outcomes, consistent with the proposed activities
that are directly tied to the school's plan to increase
student achievement.
(2) Each school selected for funding shall receive a base
allocation.
D. Based on available funds, schools shall be funded on a
three-year funding cycle, beginning in FY 2009.
E. In the event of closure of a school funded under this
rule, the school district to which the school belongs may
designate another school within the school district as highly
impacted.
(1) A school district may reallocate funds from operating
highly impacted schools within the school district to fund a
newly designated highly impacted school; the reallocation shall
be accomplished consistent with the standards, procedures and
timelines of this rule.
(2) In designating a new or different highly impacted
school within the school district, the school district cannot
exceed its total original number of highly impacted schools by
more than one school per three-year funding cycle.
(3) In requesting to change the designation of a school
or in adding one additional highly impacted school within a
school district, the school district has the burden of
demonstrating a rationale to the USOE for the change consistent
with the criteria of Section 53A-15-701(2).
(4) The student at-risk factors in a newly designated
school or in a realigned school shall be comparable to the
at-risk factors in other highly impacted schools within the
school district.
(5) In realigning highly impacted schools within a school
district or adding one additional school, the school district
shall not receive additional funding for highly impacted schools
from other school districts.
(6) School districts that desire to realign schools
within the school district to change or add designated schools
shall notify the USOE of changes in school boundaries or newly
designated schools no later than June 1 of the year before
funding is expected.
(7) Recommendations and decisions by school districts and
the Board to realign highly impacted school boundaries or
designate new schools as highly impacted shall retain the focus
of the appropriation and this rule on schools that serve students
who meet the highly impacted criteria.
F. The school district shall provide an application for
reallocating highly impacted funds from a closed school to a
different school within the school district prior to the school
district distributing the funds to the newly designated school.
Failure to properly apply to the USOE in a timely manner for
reallocation of highly impacted funding from a closed school to a
newly designated school within the school district may result in
recapture of funds from the school district or the newly
designated school by the USOE.
G. Schools receiving funding shall be notified by June
30.
H. Variances - School districts and charter schools may
apply for a variance to this rule provided the school district or
charter school:
(1) maintains the focus on schools;
(2) does not disadvantage other school districts or
charter schools that receive highly impacted schools funding;
and
(3) requests the variance in writing within required
timelines.
R277-464-4. Oversight Monitoring, Evaluation and
Reports.
A. The Board may designate no more than two percent of
the total appropriation for highly impacted schools to be used
specifically by the USOE for oversight, monitoring and final
evaluation of highly impacted schools and their compliance with
the law and this rule.
B. Each school selected for funding shall be required to
submit an annual evaluation report to the USOE consistent with
Section 53A-15-701(6).
KEY: students at risk
Date of Enactment or Last Substantive Amendment: October 8,
2008
Notice of Continuation: July 1, 2010
Authorizing, and Implemented or Interpreted Law: Art X Sec
3; 53A-17a-121(2); 53A-1-401(3); 53A-15-701(3);
53A-15-701(2)(a)]
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20110601.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [email protected].