Education, Administration

Section R277-616-1

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 33751
Filed: 06/15/2010 07:32:57 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide for changes in federal reporting standards consistent with the "Final Guidance on Maintaining, Collecting, and Reporting Racial and Ethnic Data to the U.S. Department of Education."

Summary of the rule or change:

The amendments provide a change to the definition of "Ethnic minority student."

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Subsection 53A-17a-121(2)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The amendment merely provides a change in a definition to make the definition consistent with federal reporting requirements.

local governments:

There are no anticipated costs or savings to local government. The amendment merely provides a change in a definition to make the definition consistent with federal reporting requirements.

small businesses:

There are no anticipated costs or savings to small businesses. The rule applies to school districts/schools that report data to the U.S. Department of Education is merely a change in a definition to make the definition consistent with federal reporting requirements.

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

There are no anticipated costs or savings to persons other than small businesses, business, or local government entities. The amendment merely provides a change in a definition to make the definition consistent with federal reporting requirements.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The amendment merely provides a change in a definition to make the definition consistent with federal reporting requirements.

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.

R277-616. Education for Homeless and Emancipated Students and State Funding for Homeless and Disadvantaged Minority Students.

R277-616-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "Domicile" means the place which a person considers to be the permanent home, even though temporarily residing elsewhere.

C. "Economically disadvantaged" means a student who is eligible for reduced price or free school lunch.

D. "Emancipated minor" means:

(1) a child under the age of 18 who has become emancipated through marriage or by order of a court consistent with Section 78A-6-801 et seq.; or

(2) a child recommended for school enrollment as an emancipated or independent or homeless child/youth by an authorized representative of the Utah State Department of Social Services.

E. "Enrolled" for purposes of this rule means a student has the opportunity to attend classes and participate fully in school and extracurricular activities based on academic and citizenship requirements of all students.

F. "Ethnic minority student" means [non-Caucasian]a student[s as] identified as belonging to one or more of the categories below:

(1) American Indian or Alaskan native;

(2) Hispanic/Latino;

(3) Asian;

(4) Pacific Islander;

(5) Black/African American[, not of Hispanic origin;

(6) Other];

([7]6) The total of ethnic minority students per school shall be determined annually on October 1.

G. "Homeless child/youth" means a child who:

(1) lacks a fixed, regular, and adequate nighttime residence;

(2) has primary nighttime residence in a homeless shelter, welfare hotel, motel, congregate shelter, domestic violence shelter, car, abandoned building, bus or train station, trailer park, or camping ground;

(3) sleeps in a public or private place not ordinarily used as a regular sleeping accommodation for human beings;

(4) is, due to loss of housing or economic hardship, or a similar reason, living with relatives or friends usually on a temporary or emergency basis due to lack of housing; or

(5) is a runaway, a child or youth denied housing by his family, or school-age unwed mother living in a home for unwed mothers, who has no other housing available.

H. "Parent" means a parent or guardian having legal custody of a minor child.

I. "School district of residence for a homeless child/youth" means the school district in which the student or the student's legal guardian or both currently resides or the charter school that the student is attending for the period that the student or student's family satisfies the homeless criteria.

J. "USOE" means the Utah State Office of Education.

 

KEY: compulsory education, students' rights

Date of Enactment or Last Substantive Amendment: [December 26, 2007]2010

Notice of Continuation: November 23, 2005

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-2-201(5); 53A-2-202; 53A-17a-121(3)