File No. 35242
This rule was published in the October 1, 2011, issue (Vol. 2011, No. 19) of the Utah State Bulletin.
Notice of Proposed Rule
DAR File No.: 35242
Filed: 09/15/2011 06:24:47 PM
Purpose of the rule or reason for the change:
This rule is amended to add a new Section R277-419-3 to better distinguish schools and programs for data reporting and accountability, to add new language on graduation rates, and to add new definitions to support the new language in the rule.
Summary of the rule or change:
The amendments add new definitions, add a new Section R277-419-3 to the rule, and add new language on graduation rates.
State statutory or constitutional authorization for this rule:
- Subsection 53A-1-402(1)(e)
Anticipated cost or savings to:
the state budget:
There are no anticipated costs or savings to the state budget. The amendments to the rule update language on graduation rates reflecting current data collection procedures and clarify language on schools and programs which do not result in any cost or savings.
There are no anticipated costs or savings to local government. The amendments to the rule update language on graduation rates reflecting current data collection procedures and clarify language on schools and programs which do not result in any cost or savings.
There are no anticipated costs or savings to small businesses. The amendments to the rule apply to public education and do 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 business, businesses, or local government entities. The amendments to the rule update language on graduation rates reflecting current data collection procedures and clarify language on schools and programs which do not result in any cost or savings.
Compliance costs for affected persons:
There are no compliance costs for affected persons. The amendments to the rule update language on graduation rates reflecting current data collection procedures and clarify language on schools and programs which do not result in any compliance costs.
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
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 firstname.lastname@example.org
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:
This rule may become effective on:
Carol Lear, Director, School Law and Legislation
R277. Education, Administration.
R277-419. Pupil Accounting.
A. "Aggregate Membership" means the sum of all days in membership during a school year for the student, program, school, LEA, or state.
B. "Board" means the Utah State Board of Education.
C]. "Compulsory school age" means:
(1) a person who is at least five years old and no more than 17 years old on or before September 1;
(2) with respect to special education, a person who is at least three years old and no more than 21 years old on or before September 1;
(3) with respect to YIC, a person who is at least five years old and no more than 21 years old on or before September 1.
D]. "Data Clearinghouse" means the electronic data
collection system used by the USOE to collect information required
by law from LEAs about individual students at certain points
throughout the school year to support the allocation of funds and
E]. "Electronic high school" means a rigorous
program offering 9-12 grade level courses delivered over the
Internet and coordinated by the USOE.
F]. "Influenza pandemic (pandemic)" means a global
outbreak of serious illness in people. It may be caused by a strain
of influenza that most people have no natural immunity to and that
is easily spread from person to person.
G]. "ISI-1" means a student who receives 1 to 59
minutes of YIC related services during a typical school day.
H]. "ISI-2" means a student who receives 60 to 179
minutes of YIC related services during a typical school day.
I]. "LEA" means a local education agency, including
local school boards/public school districts and charter
J]. "Membership" means a public school student is
on the current roll of a public school class or public school as of
a given date:
(1) A student is a member of a class or school from the date of entrance at the school and is placed on the current roll until official removal from the class or school due to the student having left the school.
(2) Removal from the roll does not mean that the LEA should delete the student's record, only that the student should no longer be counted in membership.
K]. "Minimum School Program (MSP)" means public
school programs for kindergarten, elementary, and secondary schools
described in Section 53A-17a-103(5).
L]. "Resource" means a student who receives 1 to
179 minutes of special education services during a typical school
day consistent with the student's IEP provided for under the
Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Sec.
1400 et seq., amended in 2004.
M]. "Retained senior" means a student beyond the
general compulsory education age who is authorized at the
discretion of the LEA to remain in enrollment as a high school
senior in the year(s) after the cohort has graduated due to:
(3) pending court investigation or action or both; or
(4) other extenuating circumstances beyond the control of the student.
N]. "S1" means the record maintained by the USOE
containing individual student demographic and school membership
data in a Data Clearinghouse file.
O]. "S2" means the record maintained by the USOE
containing individual student data related to participation in a
special education program in a Data Clearinghouse file.
P]. "S3" means the record maintained by the USOE
containing individual student data related to participation in a
YIC program in a Data Clearinghouse file.
Q]. "School day" means:
(1) a minimum of two hours per day per session in kindergarten and a minimum of four hours per day in grades one through twelve, subject to the following constraints:
(2)(a) All school day calculations shall exclude lunch periods and pass time between classes but may include recess periods that include organization or instruction from school staff.
(b) Each day that satisfies hourly instruction time shall count as a school day, regardless of the number or length of class periods or whether or not particular classes meet.
R]. "School membership" means membership other than
in a special education or YIC program in the context of the Data
S]. "School year" means the 12 month period from
July 1 through June 30.
T]. "Self-contained" means a public school student
with an IEP or YIC, who receives 180 minutes or more of special
education or YIC related services during a typical school day.
U]. "Self-Contained Resource Attendance Management
(SCRAM)" means a record that tracks the aggregate membership
of public school special education students for state funding
V]. "SSID" means Statewide Student Identifier.
W]. "UCAT" means any public institution of higher
education affiliated with the Utah College of Applied
X]. "Unexcused absence" means an absence charged
to a student when the student was not physically present at school
at any of the times attendance checks were made in accordance with
Section R277-419-[ 3]B(3) and the student's absence could not be accounted
for by evidence of a legitimate or valid excuse in accordance with
local board policy on truancy as defined in Section 53A-11-101.
Y]. "USOE" means the Utah State Office of
Z]. "Virtual education" means the use of
information and communication technologies to offer educational
opportunities to students in a manner that transcends traditional
limitations of time and space with respect to their relationships
with teachers, peers, and instructional materials.
AA]. "Year End upload" means the Data Clearinghouse
file due annually by July 15 from school districts and charter
schools to the USOE for the prior school year.
BB]. "Youth in Custody (YIC)" means a person under
the age of 21 who is:
(1) in the custody of the Department of Human Services;
(2) in the custody of an equivalent agency of a Native American tribe recognized by the United States Bureau of Indian Affairs and whose custodial parent or legal guardian resides within the state; or
(3) being held in a juvenile detention facility.
R277-419-2. Authority and Purpose.
A. This rule is authorized under Utah Constitution Article X, Section 3 which vests general control and supervision over public education in the State Board of Education, by Section 53A-1-401(3) which allows the Board to make rules in accordance with its responsibilities, Section 53A-1-402(1)(e) which directs the Board to establish rules and standards regarding cost-effectiveness, school budget formats and financial, statistical, and student accounting requirements, and Section 53A-1-404(2) which directs that local school board auditing standards shall include financial accounting and student accounting. This rule is further authorized by Section 53A-1-301(3)(d) which directs the Superintendent to present to the Governor and the Legislature data on the funds allocated to school districts, and Section 53A-3-404 which requires annual financial reports from all school districts.
B. The purpose of this rule is to specify pupil accounting procedures used in apportioning and distributing state funds for education.
3]. Minimum School Days, LEA Records, and Audits.
A. Minimum standards for school days
(1) LEAs shall conduct school for at least
990 instructional hours and 180 school days each school year;
exceptions to the number of school days for individual students and
schools are provided for in R277-419-[
(2) The required school days and hours may be offered at any time during the school year, consistent with the law.
(3) Health Department Emergency or Pandemic
(a) The Board may waive the school day and hour requirement, following a vote of Board members, pursuant to a directive from the Utah State Health Department or a local health department, that results in the closure of a school in the event of a pandemic or other public health emergency.
(b) In the event that the Board is unable to meet in a timely manner, the State Superintendent of Public Instruction may issue a waiver following consultation with a majority of Board members.
(c) The waiver may be for a designated time period and for specific areas, school districts, or schools in the state, as determined by the health department directive.
(d) The waiver may allow for school districts to continue to receive state funds for pupil services and reimbursements.
(e) The waiver by the Board or State Superintendent of Public Instruction shall direct school districts to provide as much notice to students and parents of the suspension of school services, as is reasonably possible.
(f) The waiver shall direct school districts to comply with health department directives, but to continue to provide any services to students that are not inconsistent with the directive.
(g) The Board may encourage school districts to provide electronic or distance learning services to affected students for the period of the pandemic or other public health emergency to the extent of personnel and funds available.
(4) Minimum standards shall apply to all public schools in all settings unless Utah law or this rule provides for specific exceptions. Local boards are encouraged to provide adequate school days and hours in the school district's yearly calendar to avoid the necessity of a waiver request except in the most extreme circumstances.
B. Official records
(1) To determine student membership, LEAs shall ensure that records of daily student attendance are maintained in each school which clearly and accurately show for each student the:
(a) entry date;
(b) exit date;
(c) exit or high school completion status;
(d) whether or not an absence was excused;
(e) disability status (resource or self-contained, if applicable); and
(f) YIC status (ISI-1, ISI-2 or self-contained, if applicable).
(2)(a) Computerized or manually produced records for Career and Technical Education (CTE) programs shall be kept by teacher, class and Classification of Instructional Program (CIP) code.
(b) These records shall clearly and accurately show for each student in a CTE class the:
(i) entry date;
(ii) exit date; and
(iii) excused or unexcused status of absence.
(3) A minimum of one attendance check shall be made by each public school each school day.
C. Due to school activities requiring schedule and program modification during the first days and last days of the school year:
(1) For the first five school days, an LEA may report aggregate days of membership equal to the number recorded for the second five-day period of the school year.
(2) For the last five-day period, an LEA may report aggregate days of membership equal to the number recorded for the immediately preceding five-day period.
(3) Schools shall continue instructional activities throughout required calendared instruction days.
(1) An independent auditor shall be employed under contract by each LEA to audit its student accounting records annually and report the findings to the LEA board of education and to the Finance and Statistics Section of the USOE;
(2) Reporting dates, forms, and procedures are found in the State of Utah Legal Compliance Audit Guide, provided to LEAs by the USOE in cooperation with the State Auditor's Office and published under the heading of APP C-5;
(3) The USOE shall review student membership and fall enrollment audits as they relate to the allocation of state funds in accordance with the policies and procedures established in R277-484-7 and 8 and may periodically or for cause review LEA records and practices for compliance with the laws and this rule.
4]. Student Membership.
(1) In order to generate membership for funding through the MSP for any clock hour of instruction on any school day, a student shall:
(a) not have previously earned a basic high school diploma or certificate of completion;
(b) not be enrolled in a YIC program with a YIC time code other than ISI-1 or ISI-2;
(c) not have unexcused absences on all of the prior ten consecutive school days;
(d) be a resident of Utah as defined under Sections 53A-2-201 through 213;
(e) be of compulsory school age or a retained senior;
(f)(i) be expected to attend a regular learning facility operated or recognized by the LEA on each regularly scheduled school day; or
(ii) have direct instructional contact with a licensed educator provided by the LEA at an LEA-sponsored center for tutorial assistance or at the student's place of residence or convalescence for at least 120 minutes each week during an expected period of absence, if physically excused from such a facility for an extended period of time, due to:
(A) injury, illness, surgery, suspension, pregnancy, pending court investigation or action; or
(B) an LEA determination that home instruction is necessary.
(2) Students may generate MSP funding by participation in an LEA-sponsored or LEA-supported virtual education program other than the Utah Electronic High School that is consistent with the student's SEOP, has been approved by the student's counselor, and includes regular face-to-face instruction or facilitation by a designated employee of the LEA.
(1) LEAs shall report aggregate membership for each student via the School Membership field in the S1 record and special education membership in the SCRAM Membership field in the S2 record and YIC membership in the S3 record of the Year End upload of the Data Clearinghouse file.
(2) In the Data Clearinghouse, aggregate membership shall be expressed in days.
(1) If a student was enrolled for only part of the school day or only part of the school year, the student's membership shall be prorated according to the number of hours, periods or credits for which the student actually was enrolled in relation to the number of hours, periods or credits for which a full-time student normally would have been enrolled. For example:
(a) If the student was enrolled for 4 periods each day in a 7 period school day for all 180 school days, the student's aggregate membership would be 4/7 of 180 days or 103 days.
(b) If the student was enrolled for 7 periods each day in a 7 period school day for 103 school days, the student's membership would also be 103 days.
(2) For students in grades 2 through 12, days in membership shall be calculated by the LEA using a method equivalent to the following: total clock hours of instruction for which the student was enrolled during the school year divided by 990 hours and then multiplied by 180 days and finally rounded up to the nearest whole day. For example, if a student was enrolled for only 900 hours during the school year, the student's aggregate membership would be (900/990)*180, and the LEA would report 164 days.
(3) For students in grade 1, the first term of the formula shall be adjusted to use 810 hours as the denominator.
(4) For students in kindergarten, the first term of the formula shall be adjusted to use 450 hours as the denominator.
(1) The sum of regular plus self-contained special education and self-contained YIC membership days may not exceed 180 days;
(2) The sum of regular and resource special education membership days may not exceed 360 days;
(3) The sum of regular, ISI-1 and ISI-2 YIC membership days may not exceed 360 days.
LEAs may also count a student in membership for the equivalent in hours of up to:
(1) one period each school day, if the student has been:
(a) released by school upon parent's request during the school day for religious instruction or individual learning activity consistent with the student's SEOP; or
(b) exempted from school attendance under 53A-11-102 for home schooling and participates in one or more extracurricular activities under R277-438;
(2) two periods each school day for time spent in bus travel during the regular school day to and from UCAT facilities, if the student is enrolled in CTE instruction consistent with the student's SEOP;
(3) all periods each school day, if the student is enrolled in:
(a) a concurrent enrollment program that satisfies all the criteria of R277-713;
(b) a private school without religious affiliation under a contract initiated by an LEA which directs that the instruction be paid by public funds. Contracts shall be approved by the LEA board in an open meeting.
(c) a foreign exchange student program under 53A-2-206(2)(i)(B).
(d) Electronic High School or UCAT classes for credit which meet curriculum requirements, consistent with the student's SEOP and following written school counselor approval.
(e) a school operated by an LEA under a Utah Schools for the Deaf and the Blind IEP:
(i) students may only be counted in (S1) membership and shall not have an S2 record;
(ii) the S2 record for these students shall only be submitted by the Utah Schools for the Deaf and the Blind.
5]. High School Completion Status.
A. The final status of all students who enter high school (grades 10-12) shall be accounted for, whether they graduate or leave high school for other reasons. LEAs shall use the following decision rules to indicate the high school completion or exit status of each student who leaves the Utah public education system:
(1) dropped out, when no other status legitimately
represents the reason for departure or absence from
school; (2) graduated with a high school diploma, by satisfying
one of the options specified in R277-705-4B or for an
out-of-school youth of school age, completed an adult education
secondary diploma or a Utah high school completion diploma as
defined in R277-733;
(3) received a certificate of completion:
(a) to qualify for a certificate, a student shall be in
membership in twelfth grade on the last day of the school year;
(b) meet any additional criteria established by the LEA
consistent with its authority under R277-705-4C;
(4) transferred out of state, out of the country, to a
private school, to home schooling, or to an adult education
(5) transferred to higher education, without first
obtaining either a diploma or certificate of completion;
(6) aged out of special education;
(7)(a) U.S. citizen who enrolled in another country as a
foreign exchange student;
(b) non-U.S. citizen who enrolled in a Utah public school
as a foreign exchange student under Section 53A-2-206(2)(i)(B)
shall be identified by resident status(J for those with a J-1
visa, F for all others), not by an exit code;
(8) withdrawn due to a situation so serious that
educational services cannot be continued even under the
conditions of R277-419-4(A)(1)(f)(ii);
(9) expelled or suspended;
B. LEAs shall report the high school completion status or exit code of each student to the USOE as specified in Data Clearinghouse documentation.
6]. Student Identification and Tracking.
A(1) Pursuant to Section 53A-1-603.5, LEAs shall use the SSID system maintained by the USOE to assign every public school student a unique student identifier; and
(2) shall display the SSID on student transcripts exchanged with LEAs and Utah public institutions of higher education.
B(1) LEAs shall require all students to provide their legal first, middle, and last names at the time of registration to ensure that the correct SSID follows students who transfer among LEAs.
(2)(a) Names shall be transcribed from the student's birth certificate or other reliable proof of the student's identity and age, consistent with Section 53A-11-503;
(b) The direct transcription of student names from birth certificates or other reliable proof of student identity and age shall be the student's legal name for purposes of maintaining school records; and
(c) Schools or school districts may modify the order of student names, provide for nicknames, or allow for different surnames, consistent with court documents or parent preferences, so long as legal names are maintained on student records and used in transmitting student information to the USOE.
C. The USOE and LEAs shall track students and maintain data using students' legal names.
D. If there is a compelling need to protect a student by using an alias, the LEA should exercise discretion in recording the name of the student.
E. The SSID shall be an arbitrary number and may not contain any personally identifying information about the student.
A. An exception for school attendance for public school students may be made at the discretion of the local board, in the length of the school day or year, for students with compelling circumstances. The time an excepted student is required to attend school shall be established by the student's IEP or SEOP.
B. Emergency/activity/weather-related exigency time shall be planned for in an LEA's annual calendaring. If school is closed for any reason, the instructional time missed shall be made up under the emergency/activity time as part of the minimum required time to qualify for full MSP funding.
C. Staff Planning, Professional Development, Student Assessment Time, and Parent-Teacher and Student Education Plan (SEP) Conferences.
(1) To provide planning and professional
development time for staff, LEAs may hold school longer some days
of the week and shorter other days so long as minimum school day
requirements, as provided for in R277-419-1[
Q], are satisfied.
(2) Schools may conduct parent-teacher and student education plan conferences during the school day.
(3) Such conferences may only be held for a total of the equivalent of three full school days or a maximum of 16.5 hours for the school year. Student membership for professional development or parent-teacher conference days shall be counted as that of the previous school day.
(4) LEAs may designate no more than 12 instructional days at the beginning of the school year or at the end of the school year or both for the assessment of students entering or completing kindergarten. If instruction days are designated for kindergarten assessment:
(a) the days shall be designated by the LEA board in an open meeting;
(b) adequate notice and explanation shall be provided to kindergarten parents well in advance of the assessment period;
(c) assessment shall be conducted by qualified school employees consistent with Section 53A-3-410; and
(d) assessment time per student shall be adequate to justify the forfeited instruction time.
(5) The final decision and approval regarding planning time, parent-teacher and SEP conferences rests with the local board of education, consistent with Utah law and Board administrative rules.
(6) Total instructional time and school calendars shall be approved by local boards in an open meeting.
D. A school using a modified 45-day 15-day year round schedule initiated prior to July 1, 1995 shall be considered to be in compliance with this rule if a school's schedule includes a minimum of 990 hours of instruction time in a minimum of 172 days.
KEY: education finance, school enrollment
Date of Enactment or Last Substantive Amendment: [
January 10, ]2011
Notice of Continuation: October 5, 2007
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1-402(1)(e); 53A-1-404(2); 53A-1-301(3)(d); 53A-3-404; 53A-3-410
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/b20111001.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 email@example.com.