Education, Administration

Rule R277-616

Education for Homeless and Emancipated Students and State Funding for Homeless and Disadvantaged Minority Students

Notice of Proposed Rule

(Amendment)

DAR File No.: 34928
Filed: 06/15/2011 03:59:55 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is amended in response H.B. 2 and S.B. 1, 2011 General Session. H.B. 2 repealed the statutory language that established specific programs that serve at-risk students and created one new program entitled, Enhancement for At-Risk Students, which provides funding to support the academic achievement of students who are at risk of academic failure. It is necessary to remove Section R277-616-5 that includes language on funding homeless and economically disadvantaged ethnic minority students. Other unnecessary language is also removed from the rule. (DAR NOTE: H.B. 2 (2011) and S.B. 1 (2011) are effective 07/01/2011.)

Summary of the rule or change:

Section R277-616-5, School District Funding for Homeless Students and Economically Disadvantaged Ethnic Minority Students, has been removed from this rule.

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. The state provides funding to schools and school districts for students at risk of academic failure which may include homeless and economically disadvantaged ethnic minority students, consistent with a new Utah State Board of Education (Board) rule.

local governments:

There are no anticipated costs or savings to local government. School districts and schools will continue to receive funding for students at risk of academic failure which may include homeless and economically disadvantaged ethnic minority students consistent with a new Board rule and 2011 legislation.

small businesses:

There are no anticipated costs or savings to small businesses. This rule applies to public education only 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. Funding for students at risk of academic failure is provided for in a newly enacted statute, Section 53A-17a-166, and in a new Board rule.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Funding is provided directly to school districts and schools for students at risk of academic failure.

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:

08/01/2011

This rule may become effective on:

08/08/2011

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]C. "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]D. "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 a student 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;

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

G]E. "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]F. "Parent" means a parent or guardian having legal custody of a minor child.

[I]G. "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]H. "USOE" means the Utah State Office of Education.

 

R277-616-2. Authority and Purpose.

A. This rule is authorized under Article X, Section 3 of the Utah State Constitution, [Section 53A-17a-121(2) which directs the Board to develop rules for school districts and charter schools to spend monies for homeless and ethnic minority students,] Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities, Section 53A-11-101 .5 which requires that minors between the ages of 6 and 18 attend school during the school year[ of the school district of residence], Section 53A-2-201(5) which makes each school district or charter school responsible for providing educational services for all children of school age who reside in the school district or attend the school, and the McKinney-Vento Homeless Assistance Act of 1987, Title VII, Subtitle B, as amended, 42 U.S.C. 11431 through 11435.

B. The purpose of this rule is to ensure that homeless children/youth have the opportunity to attend school with as little disruption as reasonably possible[ and that funds for homeless and economically disadvantaged ethnic minority students are distributed equitably and efficiently to school districts and charter schools].

 

[R277-616-5. School District Funding for Homeless Students and Economically Disadvantaged Ethnic Minority Students.

A. Funds appropriated for homeless and economically disadvantaged ethnic minority students shall be distributed as outlined under 53A-17a-121(3).

B. For purposes of determining the homeless student count, a school district or a charter school shall count annually the number of homeless students served in the school district or charter school.

C. If a student satisfies the homeless criteria at more than one time during the school year in the same school district or charter school, the student shall be counted once by the school district or charter school.

 

]KEY: compulsory education, students' rights

Date of Enactment or Last Substantive Amendment: [August 9, 2010]2011

Notice of Continuation: November 10, 2010

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)]