File No. 33654
This rule was published in the June 1, 2010, issue (Vol. 2010, No. 11) of the Utah State Bulletin.
Education, Administration
Rule R277-603
Basic Skills Education Program
Notice of Proposed Rule
(Repeal)
DAR File No.: 33654
Filed: 05/14/2010 12:48:20 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule is repealed because the required Utah Basic Skills Competency Test (UBSCT) was suspended making the Basic Skills Education Program unnecessary. Also, funding for the program was discontinued.
Summary of the rule or change:
This rule is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Section 53A-1-612
- Subsection 53A-1-401(3)
Anticipated cost or savings to:
the state budget:
There are no anticipated costs or savings to the state budget. The UBSCT was suspended making the Basic Skills Education Program unnecessary. Also, funding was discontinued.
local governments:
There are no anticipated costs or savings to local government. The UBSCT was suspended making the Basic Skills Education Program unnecessary. Also, funding was discontinued.
small businesses:
There are no anticipated costs or savings to small businesses. No small businesses participated in the program.
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. The UBSCT was suspended making the Basic Skills Education Program unnecessary. Also, funding was discontinued.
Compliance costs for affected persons:
There are no compliance costs for affected persons. The UBSCT was suspended making the Basic Skills Education Program unnecessary. Also, funding was discontinued.
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 carol.lear@schools.utah.gov
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:
07/01/2010
This rule may become effective on:
07/08/2010
Authorized by:
Carol Lear, Director, School Law and Legislation
RULE TEXT
R277. Education, Administration.
[R277-603. Basic Skills Education Program.
R277-603-1. Definitions.
A. "Accredited public or private educational
institution" means an institution accredited by the
Northwest Association of Accredited Schools or a regional
accrediting association as a high school, a K-12 school, a
special purpose school, a supplementary education school, or a
distance education school.
B. "Basic Skills Education Program (BSEP)"
means a program created to provide students who have not passed
the UBSCT, with supplemental instruction in the skills and
knowledge necessary to pass the test.
C. "Board" means the Utah State Board of
Education.
D. "Charter schools" means schools acknowledged
as charter schools by local boards of education under Section
53A-1a-515 and this rule or by the Board under Section
53A-1a-505.
E. "Disclosure to parents" means the express
acknowledgments and acceptance required for parents or legal
guardians under Sections 53A-1-612(10)(b)(ii) and
53A-1-612(12)(c) and this rule.
F. "Distance basic skills education provider"
means a Utah-based on-line or correspondence program provided by
a public school/school district, the USOE, or an institution of
higher education that satisfies the requirements of
R277-603-1H.
G. "Enrolled full time" means the student is
registered and attending the number of courses a school or school
district requires for full-time enrollment for funding purposes.
Notwithstanding school district/school policies, a student shall
be enrolled in a minimum of five courses for credit to be
enrolled full time.
H. "Other basic skills provider" means an
education program that:
(1) has a current business license;
(2) meets the requirements of Section 53A-3-410 regarding
criminal background checks; and
(3) agrees not to discriminate against stipend recipients
on the basis of race, color, national origin, gender, economic
status, language proficiency or disability;
(4) submits evidence of expertise and capacity to provide
basic skills education which may include most employees providing
education services have educator licenses, employees have more
than three years of teaching experience in public or private
schools, evidence of specific skills or training, accreditation
by Northwest or a regional accrediting association, and evidence
of curriculum materials aligned to the Core and the UBSCT;
and
(5) agrees, if the basic skills provider is an individual
employed by a school district or charter school, to abide by all
rules pertaining to conflict of interest of educators working in
their own fields, consistent with Section 53A-1-402.5 and
R277-107, Educational Services Outside of Educator's Regular
Employment.
I. "Passing UBSCT results" means a scaled score
that is in the sufficient or substantial range that is obtained
by a stipend recipient student in any subsequent administration
of the UBSCT.
J. "Qualified basic skills education provider"
means a school district, a charter school, an accredited public
or private educational program, or other entity that has met the
following criteria:
(1) The program has a physical location in Utah where
students and stipend recipients attend classes and have direct
contact with the program's teachers;
(2) the program has applied for eligibility to and been
approved by the USOE to enroll BSEP stipend recipients;
(3) the program has provided an affidavit to the USOE
affirming its willingness and intention to comply with the
requirements and rules of the BSEP; and
(4) satisfies all other requirements of the law and this
rule.
K. "Qualifying UBSCT result" means the
student's highest previous scaled score on the UBSCT when
submitting the voucher that falls into one of the following
ranges:
(1) below the midpoint of the partial mastery range but
above the minimal mastery range;
(2) below the partial mastery range but above or at the
midpoint of the minimal master range; or
(3) below the midpoint of the minimal mastery
range.
L. "School district" means a Utah public school
district.
M. "Stipend" means the amount that a
student's parent/guardian may receive to be applied to
charges for basic skills education from a qualified provider. A
stipend has no value unless assigned to a basic skills education
provider, and is only payable upon the submission of a voucher by
a provider and Board verification of a passing UBSCT result
pursuant to the provisions of Section 53A-1-612, and R277-603-4
and 5.
O. "Stipend recipient" means a student
who:
(1) meets the qualifications of Section 53A-1-612(4);
and
(2) has submitted a voucher to a qualified
provider.
O. "Utah Basic Skills Competency Test (UBSCT)"
means a test to be administered to Utah students beginning in the
tenth grade to include components in English, language arts,
reading and mathematics. Utah students shall satisfy the
requirements of the UBSCT in addition to state and school
district/charter school graduation requirements prior to
receiving a high school diploma indicating a passing score on all
UBSCT subtests.
P. "Voucher" means a statement signed by the
student's parent/legal guardian assigning the student's
stipend to a BSEP provider. The following information shall be
provided on the Board-designated form:
(1) student name;
(2) student birthdate;
(3) parent/guardian name;
(4) State Student Identification Number (SSID);
(5) required parent and student acknowledgments under
Section 53A-1-612 and this rule; and
(7) parent/guardian and student signatures.
R277-603-2. Authority and Purpose.
A. This rule is authorized by Utah Constitution Article
X, Section 3 which vests general control and supervision of the
public school system under the Board, Section 53A-1-612 which
requires the Board to make rules to initiate, manage and monitor
the BSEP, and by 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 provide necessary
standards and procedures for the Basic Skills Education Program
as directed by the Legislature to assist students in passing the
Utah Basic Skills Competency Test.
R277-603-3. State Board of Education Responsibilities.
A. The Board shall provide school districts and charter
schools with a copy of this rule, required forms, templates, and
model procedures.
B. The Board shall provide applications annually to Basic
Skills Education providers no later than May 1 prior to the year
in which eligibility to serve BSEP stipend recipients is sought
(June 1 for the 2006-2007 school year).
C. The Board shall provide a determination that an
applicant meets the requirements of R277-603 and Section
53A-1-612(1)(b) to be a BSEP provider as soon as possible but no
more than 30 days after the applicant submits the required
application and materials. The Board may:
(1) provide reasonable timelines for satisfaction of
eligibility requirements;
(2) issue letters of warning, require a provider to take
corrective action within a time frame set by the Board, suspend a
provider from BSEP participation or eligibility, or impose such
other penalties as the Board determines appropriate under the
circumstances;
(3) make available acknowledgment forms required under
Section 53A-1-612(12)(c);
(4) establish appropriate consequences or penalties for
providers that:
(a) fail to provide services to eligible
students;
(b) fails to act in accordance with provisions of the law
and this rule.
D. The Board shall maintain a list of qualified providers
updated continuously as provider applications are received and
approved.
E. For vouchers submitted to the Board prior to September
30 of the student's junior or senior year, the Board
shall:
(1) verify student information and qualification for the
stipend; and
(2) check results of all successive administrations of
the UBSCT, starting with the October administration of that year,
for passing UBSCT results; and
(3) within 60 days of final posting of UBSCT results to
the data warehouse stipend payments shall be sent directly to
qualified providers upon verification of a passing UBSCT result
for voucher recipients registered with that provider.
F. For vouchers submitted to the Board after September 30
of the student's junior or senior year but prior to January
31 of the same year, the Board shall:
(1) verify student information and qualification for the
stipend; and
(2) check results of all successive administrations of
the UBSCT, starting with the February administration of that
year, for passing UBSCT results; and
(3) within 60 days of final posting of UBSCT results to
the data warehouse stipend payments shall be sent directly to
qualified providers upon verification of a passing UBSCT result
for voucher recipients registered with that provider.
G. The Board shall honor only vouchers submitted with all
necessary documentation received consistent with R277-603-3E and
R277-603-3F.
H. If an annual appropriation is inadequate to cover all
stipend payments, the Board shall pay stipends on a first
submitted/first paid basis or on a proportional basis as
circumstances dictate.
I. The Board shall verify student UBSCT results and other
program information as necessary or warranted with reasonable
notice to assure compliance by a stipend recipient/BSEP provider
with the provisions of Section 53A-1-602 and this rule.
R277-603-4. School Districts and Charter School
Responsibilities.
A. School districts and charter schools shall provide
students who have qualifying UBSCT results with voucher
applications and information about how to access a list of
approved public and private providers for BSEP stipends:
(1) after the students' first UBSCT attempt;
(2) to students new to the school district; and
(3) to students who change providers under
R277-603-6E.
B. School districts and charter schools that intend to be
qualified providers shall notify the Board of their intention and
provide the Board with the following information:
(1) a brief description of the BSEP that shall be
available to stipend recipients.
(2) a description of amounts, if any, that stipend
recipients will be charged in addition to the amount paid by the
Board.
(3) a statement of additional charges will be accompanied
by an explanation to parents/students of the school
district's policies consistent with Section
53A-13-104.
(4) a statement that all those who provide BSEP
instruction shall be employees of the school district or charter
school.
C. School districts and charter schools may not make any
charge or refund of a charge contingent upon a student's
passing or failing a test. Charges relative to the BSEP are
subject to the provisions of Section 53A-12-103(1)(b), and it is
presumed that the student will be responsible for any fees
associated with a remediation program with exceptions provided
for in Section 53A-13-104.
D. School districts and charter schools shall provide to
the Board a list of all school district or charter school
students who are qualified for stipends.
E. School districts and charter schools shall submit
vouchers for all students who have chosen to receive BSEP
services from the school district/charter school consistent with
R277-603-3E and R277-603-3F.
F. If a student stops receiving basic skills education
from the provider, for any reason, the school district or charter
school shall notify the Board within 15 days.
R277-603-5. Accredited Public and Private Providers and
Other Provider Responsibilities.
A. Accredited public and private providers and other
providers that intend to participate in the BSEP shall notify the
Board of their intention and provide the following
information/materials to the Board to be used to determine
eligibility:
(1) a brief description of the BSEP services that will be
provided to stipend recipients by the provider;
(2) a description of amounts (if any) that stipend
recipients shall be charged in addition to amounts paid by the
Board;
(3) a statement that private providers shall not make any
charge or refund contingent on a student passing or failing a
test; and
(4) a statement that all employees of a BSEP who will be
providing remediation services to public school students have had
criminal background checks and results have been reviewed and
approved by the applicant BSEP.
B. Upon a stipend recipient's presentation to the
provider of a voucher, the provider shall submit the voucher to
the Board consistent with R277-603-3E and R277-603-3F. This
voucher shall be submitted to the Board in such format as the
Board may determine.
C. Accredited public and private providers and other
providers shall submit vouchers only for students who are stipend
recipients and who are qualified to receive basic skills
education from the provider.
D. If a student stops receiving basic skills education
from the provider, for any reason, the provider shall notify the
Board within 15 days.
R277-603-6. Parent and Student Responsibilities.
A. Students with UBSCT results in the ranges identified
in Section 53A-1-612(5) shall qualify for stipends upon a
parent/guardian signing the voucher application provided by the
school district or charter school and then presenting that
voucher application to the chosen provider. If the chosen
provider is not the student's school district or charter
school, a copy of the student's UBSCT results for every UBSCT
attempt made by the student shall be included with the voucher
application. The voucher application and UBSCT results, if
applicable, constitute a BSEP voucher.
B. A parent may not give a voucher to more than one BSEP
provider. Violation of this part may result in invalidation of
the voucher and disqualification from further BSEP
participation.
C. Parents are entirely responsible for the choice of a
BSEP provider from among those listed as qualified by the
Board.
D. Parents are responsible for payment of any amounts
providers may charge stipend recipients in addition to that paid
by the Board.
E. Stipend applicants may choose to change providers at
the end of the student's junior year if the student's
best UBSCT result on one or more subtest(s) is in the qualifying
range defined in Section 53A-1-612(5). This change shall require
a new voucher to be submitted to the Board.
R277-603-7. Miscellaneous Provisions.
Educators who are employed by Utah public and charter
schools may qualify as BSEP providers consistent with Section
53A-1-402.5 and R277-107.
KEY: basic skills competency, stipends
Date of Enactment or Last Substantive Amendment: July 9,
2007
Authorizing, and Implemented or Interpreted Law: Art X Sec
3; 53A-1-612(12); 53A-1-401(3) ]
Additional Information
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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 carol.lear@schools.utah.gov.