File No. 34832
This rule was published in the June 1, 2011, issue (Vol. 2011, No. 11) of the Utah State Bulletin.
Education, Administration
Rule R277-715
English Language Learner Family Literacy Centers
Notice of Proposed Rule
(Repeal)
DAR File No.: 34832
Filed: 05/16/2011 06:43:25 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This rule is repealed because the statutory language that established specific programs for at-risk students has been replaced by a new more flexible program established in H.B. 2, 2011 General Session, which provides funding to local education agencies (LEAs) to support the academic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 student 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This rule is repealed in its entirety.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 This rule is being repealed because the language in this rule is no longer supported by statute.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 This rule is being repealed because the language in this rule is no longer supported by statute.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 This rule is being repealed because the language in this rule is no longer supported by statute.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 This rule is being repealed because the language in this rule is no longer supported by statute.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 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:
07/01/2011
This rule may become effective on:
07/08/2011
Authorized by:
Carol Lear, Director, School Law and Legislation
RULE TEXT
R277. Education, Administration.
[R277-715. English Language Learner Family Literacy Centers
Program.
R277-715-1. Definitions.
A. "Board" means the Utah State Board of
Education.
B. An "English Language Learner (ELL)" means a
student who has difficulty speaking, reading, writing, or
understanding the English language.
C. "English Language Learner Family Literacy Centers
(Centers)" means centers created by public schools to
increase parent involvement; communicate with parents who are not
proficient in English concerning required and optional activities
at the school, in the parents' preferred language to the
extent practicable; increase academic achievement, literacy
skills, and language gains in all ethnic groups of students and
their families; coordinate with school administrators, educators,
families, and students; support and coordinate with other
language acquisition instructional services and language
proficiency program in the public schools.
D. "Language acquisition" means the process of
learning a language.
E. "Language minority population" means a
language other than the one spoken by the majority of people in a
given regional or national context.
F. "Language proficiency" means the level of
competence at which an individual is able to use language for
both basic communication tasks and academic purposes as
determined by local evaluation.
G. "USOE" means the Utah State Office of
Education.
R277-715-2. Authority and Purpose.
A. This rule is authorized by Utah Constitution Article
X, Section 3 which vests general control and supervision of
public education in the Board, Section 53A-1-401(3) which permits
the Board to adopt rules in accordance with its responsibilities,
and Section 53A-17a-161(2) which directs the Board to adopt a
formula that allocates the money appropriated by the Legislature
for the English Language Learner Family Literacy Centers Program
to school districts and charter schools.
B. The purpose of this rule is to adopt a formula to
allocate funds appropriated by the Legislature under Section
53A-17a-161 in a fair and equitable manner.
R277-715-3. Proposals from School Districts and Charter
Schools.
A. Participation in this program by school districts and
charter schools is optional; submitted proposals for developing
centers shall be consistent with:
(1) the purposes of Section 53A-17a-161 and this rule;
and
(2) available and successful center models.
B. Proposals shall identify:
(1) center development timelines;
(2) timelines that explain annual progress between July
2008 and July 2010;
(3) an annual total and budget;
(4) an assessment component, including participation by
local community councils, school employees, students, and others
as appropriate.
C. Proposals shall be submitted to the USOE by June
30.
R277-715-4. USOE Response, Timelines and Formula.
A. The USOE may appoint an expert review panel to review,
prioritize and recommend proposals for funding by the
Board.
B. After the USOE receives proposals, it will determine a
funding formula based on the number and quality of
proposals.
C. The formula shall:
(1) distribute 45 percent of the funds as a base for all
school districts and charter schools that submit viable proposals
for developing family literacy centers;
(2) distribute 50 percent of the funds directly to
participating school districts and charter schools based on the
ELL student count in the school districts/charter
schools;
(3) retain five percent of appropriated funding
for:
(a) an annual third party assessment of school
district/charter school family literacy center projects; the
assessment shall be a third-party assessment; and
(b) continuing professional development for participating
school districts and charter schools that allows the USOE to
provide current information and materials over a three year
period to assist participating school districts/charter
schools.
D. The Board shall approve recommendations for funding by
July 30.
E. School districts and charter schools that receive
funding shall be notified of funding and the distribution of
funds shall begin as soon as possible after Board
approval.
KEY: English Language Learners
Date of Enactment or Last Substantive Amendment: October 8,
2008
Authorizing, and Implemented or Interpreted Law: Art X Sec
3; 53A-1-402(1)(c); 53A-17a-161(2)]
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 carol.lear@schools.utah.gov.