DAR File No. 40675

Education, Administration

Rule R277-606

Dropout Recovery Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 40675
Filed: 08/15/2016 07:46:54 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-606 is amended to incorporate changes resulting from H.B. 443, School Dropout Prevention and Recovery, from the 2016 General Session.

Summary of the rule or change:

The majority of the changes to the rule are updates related to the new legislation, including providing new and amended definitions, providing procedures for a local education agency (LEA) that enrolls an eligible student in a dropout prevention and recovery program, and providing updated reporting and audit requirements.

Statutory or constitutional authorization for this rule:

• Art X, Sec 3
• Section 53A-1-401
• Section 53A-15-1903

Anticipated cost or savings to:

the state budget:

The amendments to the rule provide updated procedures required by the new legislation, which likely will not result in a cost or savings to the state budget.

local governments:

The amendments to the rule provide updated procedures required by the new legislation, which likely will not result in a cost or savings to local government.

small businesses:

The amendments to the rule provide updated procedures required by the new legislation, which likely will not result in a cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

The amendments to the rule provide updated procedures required by the new legislation, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The amendments to the rule provide updated procedures required by the new legislation, which likely will not result in any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule.

Sydnee Dickson, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7656, 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:

10/03/2016

This rule may become effective on:

10/10/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

R277. Education, Administration.

R277-606. Dropout Prevention and Recovery Program.

R277-606-1. Authority and Purpose.

(1) This rule is authorized by:

([b]a) Utah Constitution Article X, Section 3, which vests general control and supervision [of]over public education in the Board; and

([a]b) Section 53A-[17a-172]15-1903, which requires the Board to develop rules to set policies related to a dropout prevention and recovery program;

(c) S[ubs]ection 53A-1-401[(3)], which [permits]allows the Board to [adopt]make rules [in accordance with its responsibilities] to execute the Board's duties and responsibilities under the Utah Constitution and state law.

(2) The purpose of this rule is to:

(a) develop policies related to an LEA's dropout prevention and recovery program; and

(b) [establish procedures for calculating average daily membership for students who participate in a dropout recovery program; and

(c) ]set reporting requirements for LEAs with a dropout prevention and recovery program.

 

R277-606-2. Definitions.

For purposes of this rule:

[(1) "Adequate monthly progress" has the same meaning as that term is defined in Section 53A-17a-172.]

([2]1) "Attainment goal" has the same meaning as that term is defined in Section 53A-[17a-172]15-1902.

([3]2) "Average daily membership" means the same as that term is defined in Section 53A-17a-103.

([4]3) "Cohort" means the same as that term is defined in Section 53A-[17a-172]15-1902.

([5]4) "College and career readiness work" means the same as that term is defined in Section 53A-[17a-172]15-1902.

([6]5) "[Eligible]Designated student" means a student:

(a) (i) who has withdrawn from a secondary school prior to earning a diploma [with no legitimate reason for departure or absence from school];

([b]ii) who was dropped from average daily membership[ because the student was not able to be counted by an LEA in membership because the student was not meeting an applicable continuing enrollment measurement chosen by the LEA as described in Subsection R277-419-5A(2)]; and

[(c)](iii) whose cohort has not yet graduated; or

(b) who is at risk of meeting the criteria described in Subsection (5)(a), as determined by the student's LEA, using the risk factors described in Subsection (10).

[(ii) whose cohort graduated in the previous school year.

(7) "LEA" does not include:

(a) an alternative school as defined in Section 53A-1-1102; or

(b) a statewide virtual school.

(8)(a) "Statewide course or program" means a statewide course or program that:

(i) a student is able to enroll in; and

(ii) an LEA is able to count the student for enrollment as described in R277-419.

(b) "Statewide course or program" includes the Statewide Online Education Program described in Title 53A, Chapter 15, Part 12, Statewide Online Education Program Act.]

(6) "Graduation rate" means the same as that term is defined in Section 53A-15-1902.

(7) "LEA" means the same as that term is defined in Section 53A-15-1902.

(8) "Nontraditional program" means the same as that term is defined in Section 53A-15-1902.

(9) "Proxy graduation rate" means a rate calculated:

(a) in a manner similar to the regular graduation rate for each year of grades 9 through 12;

(b) treating a student as having graduated if the student returned after each grade year; and

(c) treating a student as dropping out if the student:

(i) did not return after each year; or

(ii) the student did not have an acceptable exit code entered into the Board's UTREx system.

(10) "Risk factors" means:

(a) low academic performance, as measured by grades, test scores, or course failure;

(b) poor behavior, as measured by office disciplinary referrals, suspensions, or expulsions; and

(c) absenteeism, whether excused or unexcused absences, and including days tardy and truant.

([9]11) "Third party[ provider]" means [a third party who provides educational services on behalf of an LEA]the same as that term is defined in Section 53A-15-1902.

 

R277-606-3. LEA Dropout Prevention and Recovery Programs.

(1) Beginning with the 20[15]16-[16]17 school year, an LEA that serves students in grades 9, 10, 11, or 12 shall provide a dropout prevention and recovery program for a[n eligible] designated student with the dropout prevention and recovery services described in S[ubs]ection 53A-[17a-172(2)]15-1903.

[(2) An LEA that meets the description of an LEA required to contract with a third party provider as described in Subsection 53A-17a-172(4) shall contract with a third party provider to provide the dropout recovery services described in Subsection (1).

(3) An eligible student may:

(a) re-enroll in an LEA or statewide course or program; or

(b) participate in an LEA's dropout recovery program.

(4) An LEA may count an eligible student in average daily membership in accordance with R277-419 if the eligible student:

(a) re-enrolls in the LEA or statewide course or program;

(b) meets all eligibility requirements in R277-419; and

(c) re-enrolls in the LEA at such a level the LEA can count the eligible student in regular membership.]

([5]2) An LEA that enrolls a[n eligible] designated student in a dropout prevention and recovery program shall:

(a) develop a written policy that describes:

(i) how the LEA or the LEA's third party[ provider] will measure and report [ adequate monthly]if the designated student made a year's worth of progress toward an attainment goal as required in Section R277-606-4; and

(ii) how membership days[ in the dropout recovery program] will be determined for the [eligible]designated student['s progress] in accordance with the LEA's established school schedule and enrollment policies; and

(b) indicate that the designated student is enrolling in the LEA's dropout prevention and recovery program in accordance with current UTREx specifications.

([6]3)(a) If a[n eligible] designated student chooses to enroll in a dropout prevention and recovery program, the LEA, in consultation with the[eligible]designated student, shall prepare, in accordance with the LEA's written policy described in Subsection ([5]2), a learning plan for the [eligible]designated student that includes[:

(i) ] an attainment goal for the [eligible]designated student[; and].

[(ii) how the LEA will measure the eligible student's adequate monthly progress toward the attainment goal in accordance with the LEA's written policy described in Subsection (5).]

(b) If an LEA is required to contract with a third party[ provider] to provide dropout prevention and recovery services, the third party[ provider] shall:

(i) work with the LEA to prepare a learning plan for a[n eligible] designated student described in Subsection ([5]3)(a);

(ii) regularly report a[n eligible] designated student's progress toward the designated student's attainment goal in accordance with the LEA's written policy described in Subsection ([5]2); and

(iii) maintain documentation[:

(A) required to validate that an eligible student is meeting adequate monthly progress; and

(B)] required by the LEA for the LEA to meet the requirements of Subsection R277-606-4(4).

[(7)(a) Subject to Subsection (8), if an eligible student participates in a dropout recovery program as described in Subsection (3)(b):

(i) an LEA may receive an amount equal to the product of the following for each eligible student who participates in the LEA's dropout recovery program:

(A)(I) the value of one k-12 WPU for that school year; divided by

(II) 180 days; and

(B) subject to the LEA's written policy, the number of days that eligible student made adequate monthly progress; and

(ii) may not count the student as described in Subsection (4).

(b) If an eligible student participates in a dropout recovery program as described in Subsection (3)(b), the Superintendent may not distribute to the LEA an amount that is more than the value of the kindergarten through grade 12 weighted pupil unit, excluding add-on weighted pupil units, for the eligible student each school year.

(8) An LEA may receive an amount as described in Subsection (7) for an eligible student for a month if:

(a) the LEA or third party provider has a personalized learning plan in place for the eligible student on or before the first school day of the first month that the eligible student participates in the dropout recovery program; or

(b) beginning with month two, the eligible student meets the definition of adequate monthly progress for the month, pursuant to the LEA's written policies.]

([9]4)(a) If a[n eligible] designated student is a student with a disability and an LEA provides dropout prevention and recovery services without using a third party [provider], the LEA shall:

(i) prepare an IEP or Section 504 plan for the [eligible]designated student; and

(ii) provide the dropout prevention and recovery services in accordance with the designated student's IEP or Section 504 plan.

(b) If a[n eligible] designated student is a student with a disability and an LEA contracts with a third party[provider] to provide dropout prevention and recovery services to the [eligible]designated student:

(i) the LEA shall prepare an IEP or Section 504 plan for the [eligible]designated student; and

(ii) the third party[provider] shall provide the dropout prevention and recovery services to the [eligible]designated student in accordance with the [eligible]designated student's IEP or Section 504 plan.

 

R277-606-4. Reporting Requirements and Audits.

(1)(a) Beginning with the 20[15]16-[16]17 school year, on or before August 1, 20[16]17 and on or before August 1 each year thereafter, an LEA shall submit a report to the Superintendent on the LEA's dropout prevention and recovery services.

(b) The report described in Subsection (1)(a) shall include:

(i) the information described in Section 53A-[17a-172]15-1903;[and]

(ii) the total number of designated students in the LEA; and

(ii i) if applicable, the name of a third party[provider] the LEA is contracting with to provide dropout prevention and recovery services.

(2) A third party[provider] working with an LEA on the LEA's dropout prevention and recovery program shall report any information requested by the LEA including any information required for the LEA to submit a report described in Subsection (1).

(3) The Superintendent shall:

(a) review LEA reports described in Subsection (1);[and]

(b) by April 1 each year, inform an LEA that the LEA is required to enter into a contract with a third party as described in Subsection 53A-15-1903(3); and

([b]c) ensure that an LEA described in Subsection 53A-15-1903(3) and Subsection R277-606-3([2]3) contracts with a third party[provider] as required in Section 53A-15-1903 and Section R277-606-3.

(4)(a) An LEA shall maintain documentation to comply with the requirements of Section 53A-[17a-172]15-1903 and this rule.

(b) The Board or the Superintendent may request an audit of an LEA's dropout prevention and recovery program.

 

KEY: dropout, prevention and recovery, pupil accounting

Date of Enactment or Last Substantive Amendment: [November 23, 2015]2016

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-15-1903; 53A-1-401[(3); 53A-17a-172]