Education, Administration

Section R277-612-3

Foreign Exchange Student Cap

Notice of Proposed Rule

(Amendment)

DAR File No.: 33750
Filed: 06/15/2010 07:32:23 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide for changes in H.B. 433, 2010 Legislative Session, that require a school district or charter school to accept a student participating in a foreign exchange program if another student from the same school participates in the same exchange program in a foreign country. This exchange is required despite the overall cap on the number of foreign exchange students. (DAR NOTE: H.B. 433 (2010) is found at Chapter 349, Laws of Utah 2010, and was effective 05/11/2010.)

Summary of the rule or change:

The amendment removes language regarding the cap on foreign exchange students from the rule and provides new language directing school districts and charter schools to enroll foreign exchange students consistent with the law.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Subsection 53A-2-206(2)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget because of this amendment. Though foreign exchange students are nonresident students supported by state taxpayers, this specific rule and new legislation only requires the state to pay for a nonresident student if a Utah student leaves the school district.

local governments:

There are no anticipated costs or savings to local government. School districts and charter schools are required to enroll a foreign exchange student beyond the legislative cap if a resident student from the same school, sponsored by the same agency, leaves the Utah public school system to enroll in school in a foreign country. Funding would not be affected because the exchange is on a one-to-one basis.

small businesses:

There are no anticipated costs or savings to small businesses. Utah State Board of Education approved foreign exchange student programs will be able to arrange for exchanges on a one-on-one basis.

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. Students will be able to exchange on a one-on-one basis.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Students will be able to exchange on a one-on-one basis.

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:

Education
Administration
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:

08/02/2010

This rule may become effective on:

08/09/2010

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-612. Foreign Exchange Students.

R277-612-3. Foreign Exchange Student Cap.

A. School districts and charter schools shall be compensated from a specific legislative appropriation designated annually to pay the costs of educating foreign exchange students who meet all criteria of the law.

B. School districts and charter schools are encouraged to enroll foreign exchange students and report those enrollment numbers annually to the USOE in the October 1 Superintendents' Report.

[C. When the number of reported foreign exchange students reaches 250 in a school year, the USOE may notify school districts of quotas in enrolling foreign exchange students or may seek funding for a USOE employee to promote the program among school districts and charter schools and ensure that all requirements of the law are satisfied by foreign exchange student agencies, foreign exchange students, school districts and charter schools.

D]C. School districts and charter schools shall include in their report to the USOE only foreign exchange students that satisfy all requirements of 53A-2-206(6) and school district/charter school policies. School districts/charter schools may enroll foreign exchange students who do not qualify for state monies and pay the costs of those students with other school district/charter school funds or charge the students tuition.

D. Notwithstanding the provisions of Section 53A-2-206(2) and R277-612-3, the provisions of Section 53A-2-206(8) shall apply.

 

KEY: foreign exchange students, enrollment

Date of Enactment or Last Substantive Amendments: [May 9, 2007]2010

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-2-206(2), 53A-1-401(3)