File No. 36200

This rule was published in the June 1, 2012, issue (Vol. 2012, No. 11) of the Utah State Bulletin.

Education, Administration

Section R277-437-3

Local School Board and District Responsibilities

Notice of Proposed Rule


DAR File No.: 36200
Filed: 05/15/2012 03:27:00 PM


Purpose of the rule or reason for the change:

Section R277-437-3 is amended to emphasize adjusted open enrollment timelines required under H.B. 454, Open Enrollment Amendments, 2012 Legislative General Session.

Summary of the rule or change:

The new language provides for school districts to review and/or revise policies to provide for an extended early enrollment period if a school district is reconfiguring grades district-wide for its elementary, middle, junior, or senior high schools, and the grade reconfiguration will be implemented in the next school year.

State statutory or constitutional authorization for this rule:

  • Subsection 53A-1-402(1)(b)
  • Section 53A-2-210

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The new language applies to a school district requirement that allows greater flexibility.

local governments:

There is no anticipated cost or savings to local government. School districts must adjust open enrollment timelines under certain circumstances which results in more flexibility, not a cost or savings.

small businesses:

There is no anticipated cost or savings to small businesses. This rule applies to public schools and does not affect businesses.

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

There is no anticipated cost or savings to persons other than small businesses, business, or local government entities. The new language in this rule applies to school districts.

Compliance costs for affected persons:

There are no compliance cost for affected persons. School districts must adjust open enrollment timelines under specific circumstances.

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:

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

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:


Authorized by:

Carol Lear, Director, School Law and Legislation


R277. Education, Administration.

R277-437. Student Enrollment Options.

R277-437-3. Local School Board and District Responsibilities.

A. Prior to September 30, 2008, a local board shall announce policies describing procedures for students to follow in applying to attend schools other than their respective schools of residence. Local school boards shall designate which schools and programs will be available for open enrollment during the coming school year consistent with the definitions and timelines of Section 53A-2-206.5 et seq.

B. The school district shall adjust timelines for open enrollment applications if the district is developing a district-wide reconfiguration of its schools consistent with Section 53A-2-206.5(1).

C. A school district may establish longer or broader timelines for enrollment than required by law.

[B]D. If construction, remodeling, or other circumstances beyond the control of the local board do not reasonably permit the local board to make sufficiently accurate enrollment projections for a given school to determine whether the school should be designated as available for open enrollment for the coming year, the local board shall designate delays and procedures consistent with Section 53A-2-207(4)(c).

[C]E. As required under Subsection 53A-2-210(2), a resident district shall pay to a nonresident district one-half of the resident district's residual per student expenditure for each resident student properly registered in the nonresident district.

[D]F. Each local board shall establish a procedure to consider appeals of any denial of initial or continued enrollment of a nonresident student under Subsection 53A-2-209(1).

[E]G. A local board of education may deny enrollment of nonresident students for reasons identified in R277-437-1I.

[F]H. There shall be no presumption of eligibility for students to participate in activities governed by the Utah High School Activities Association (UHSAA) if students transfer under Section 53A-2-206.5.


KEY: public education, enrollment options

Date of Enactment or Last Substantive Amendment: [August 7, 2008]2012

Notice of Continuation: January 5, 2009

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(1)(b); 53A-2-210; 53A-2-206.5 et. seq.


Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at 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.

Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

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