DAR File No. 38360

Education, Administration

Rule R277-735

Corrections Education Programs

Notice of Proposed Rule

(Amendment)

DAR File No.: 38360
Filed: 03/14/2014 01:25:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to make the rule consistent with Rule R277-733, Adult Education, address the funding of corrections programs as a result of a legislative audit, and to allocate funds to the USOE to cover/support administrative expenses.

Summary of the rule or change:

Language is added and changed to Rule R277-735 to make the rule consistent with Rule R277-733 and changes are made to the funding distribution.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Section 53A-1-403.5

Anticipated cost or savings to:

the state budget:

The amendments to this rule add new language and make the rule consistent with Rule R277-733, and changes are made to the funding distribution which likely will not result in a cost or savings to the state.

local governments:

The amendments to this rule add new language and make the rule consistent with Rule R277-733, and changes are made to the funding distribution which likely will not result in a cost or savings to local government.

small businesses:

The amendments to this rule add new language and make the rule consistent with Rule R277-733, and changes are made to the funding distribution which likely will not result in a cost or savings to small businesses.

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

The amendments to this rule add new language and make the rule consistent with Rule R277-733, and changes are made to the funding distribution which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The amendments to this rule add new language and make the rule consistent with Rule R277-733, and changes are made to the funding distribution which likely will not result in any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Martell Menlove, 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:

05/01/2014

This rule may become effective on:

05/08/2014

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-735. Corrections Education Programs.

R277-735-1. Definitions.

A. "Adult Basic Education (ABE)" means a program of instruction below the 9.0 academic grade level for adults who lack competency in reading, writing, speaking, problem solving or computation at a level that substantially impairs their ability to find or retain adequate employment that will allow them to become employable, contributing members of society and preparing them for advanced education and training. The instruction is designed to help adults by:

(1) increasing their independence;

(2) improving their ability to benefit from occupational training;

(3) increasing opportunities for more productive and profitable employment; and

(4) making them better able to meet adult responsibilities.

B. "Adult Education and Family Literacy Act (AEFLA)" means Title II of the Workforce Investment Act (WIA) of 1998 which provides the principle source of federal support for adult basic and literacy education programs for adults who lack basic skills, an Adult Education Secondary Diploma or its equivalency, or proficiency in English.

C. "Adult High School Completion (AHSC)" means a program of academic instruction at the 9.0 grade level or above in Board-approved subjects for eligible adult education students who are seeking an Adult Education Secondary Diploma from an adult education program.

[A]D. "Board" means the Utah State Board of Education.

E. "Community-based organization (CBO)" means a nonprofit organization:

(1) eligible for and accepting federal AEFLA funds; and

(2) for the sole purpose of providing adult education services to qualified adult education learners.

(3) All rules and laws that apply to school districts shall also apply to CBOs that receive adult education funding.

(4) CBOs:

(a) apply to the USOE;

(b) receive adult education funding through a competitive process; and

(c) receive USOE funding on a reimbursement basis only.

[C]F. "Custody" means the status of being legally in the control of another adult person or a public agency.

G. "Education Contracts funds" means funds appropriated annually by the Legislature to be used partly for corrections education.

[D]H. "English for Speakers of Other Languages (ESOL)" is an instructional program provided for non-native language speakers.

I. "General Educational Development (GED) Testing" means the test required under R277-702.

[B]J. "Inmate" means an offender who is incarcerated in state or county correctional facilities. Inmates may be housed in various locations throughout the state of Utah.

K. "SEOP/plan for college and career readiness" means a plan for students in grades 7-12 that includes:

(1) all Board and LEA board graduation requirements;

(2) the individual student's specific course plan that will meet graduation requirements and provides a supportive sequence of courses consistent with identified post-secondary training goals;

(3) evidence of parent, student, and school representative involvement annually; and

(4) attainment of approved workplace skill competencies.

[E]L. "Teaching of English to Speakers of Other Languages (TESOL)" means a credential for teachers of ESOL.

[F]M. "USOE" means the Utah State Office of Education.

[G]N. "UTopia" means Utah Online Performance Indicators for Adult Education statewide database.

 

R277-735-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and authority over public education in the Board, by Section 53A-1-403.5 which makes the Board directly responsible for the education of inmates in custody and Section 53A-1-401(3) which allows the Board and Board of Regents to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to specify operation standards and procedures for inmates in corrections education programs that are the responsibility of the public school system.

C. Corrections education programs shall be consistent with R277-733, Adult Education Programs.

 

R277-735-3. Procedures for Providing Services.

A(1) The Board may contract with local school boards, state post-secondary educational institutions, other state agencies, or private providers of the local boards' choosing to provide educational services for inmates.

(2) The respective responsibilities of the Board, local school boards, and other service providers for education shall be established by [letters]memoranda of agreement or contracts.

(3) A school district may sub-contract with local educational service providers for the provision of educational services to students.

(4) Educational services shall be provided in the appropriate environment for the student's behavior and educational performance.

(5) Educational programs to which inmates are assigned shall meet the standards adopted by the Board for that type of program.

(6) Educational programs shall be monitored by the USOE in periodic review visits.

(7) Educational services shall be sufficiently coordinated with non-custody programs to enable inmates in custody to continue their public school education with minimal disruption following discharge from custody.

(8) Custodial status alone does not qualify an individual for services under the Individuals with Disabilities Act (IDEA), 20 U.S.C. Sec. 1400 et seq., amended in 2004.

B. When a student inmate is transferred to a new program, the sending program shall update and finalize all school records in UTopia releasing the student's records as soon as possible after receiving notice of the transfer.

C. When a student inmate is released from custody, educational records shall only be available consistent with the Family Education Rights and Privacy Act (FERPA), 20 U.S.C. Section 1232g; 34 CFR Part 99.

D. [Funding]Corrections education programs shall adhere to the same overarching program standards and practices defined for all adult education programs, consistent with R277-733, unless otherwise noted.

 

R277-735-4. Fiscal Procedures.

[(1)]A. Inmates receiving educational services by or th rough a school district become students of that school district for funding purposes.

[(2)]B. State funds appropriated to the USOE for corrections education shall be allocated to school districts on the basis of annual applications.

[(3) The funds distributed to a district shall be based upon criteria which include:

(a) the number of inmates in custody served in the district;

(b) the type of services provided to the inmates;

(c) the setting for providing services; and

(d) the length of the program.

][E.]C. Funds approved for corrections education projects can be expended only for the purposes described in the respective funding application.

[F. Unexpended funds may only be carried over from one fiscal year to the next with specific approval of the Board or its designee.

]D. Lapsing and nonlapsing funds

(1) Education Contracts funds used for corrections education shall be subject to Board accounting, auditing and budgeting rules and policies.

(2) Ten percent or $50,000, whichever is less, of state funds designated for corrections education not expended in the current fiscal year may be carried over/deferred by a school district with written approval by the USOE and spent in the next fiscal year.

(3) Requested and approved school district budgets that show carry over funds shall be submitted for approval according to a time line and dates set by the USOE.

(4) The USOE may consider excess funds in determining the school district's allocation for the next fiscal year. The USOE shall recapture fund balances in excess of 10 percent or $50,000 annually no later than February 1 and reallocate funds to school district corrections education programs through the supplemental award process based on need and effort consistent with R277-733.

[G]E. The Board, or its designee, shall adopt uniform pupil and fiscal accounting procedures, forms, and deadlines for correctional education programs.

[H. Program Staff

(1) Education staff assigned to provide education services shall be qualified and appropriate for their assignments.

(2) The teaching certificate and endorsement held by a staff member or a person assigned to teach in a prison or jail shall be important in evaluating the appropriateness of the teacher's assignment, but not controlling. For example, elementary teachers may teach secondary age students who are academically performing at an elementary level in certain subjects. Persons teaching an adult education high school completion course shall hold a valid Utah elementary or secondary education license and may issue adult education high school completion credits in multiple subjects. Non-licensed individuals providing instruction in ESOL, Adult Basic Education (ABE) or Adult High School Completion (AHSC) classes shall instruct under the supervision of a licensed program employee.

(3) Persons with a post-secondary degree in adult education but are not in possession of a Utah teaching certificate may be considered for employment solely in an adult education program teaching adult students following the completion of a student teaching field experience in an accredited adult education program.

(4) Persons with TESOL or ESOL credentials may be considered for employment solely in a adult education program teaching adult students following the completion of a student teaching experience in an accredited adult education program.

]

R277-735-5. Allocation of Education Contracts Funds Designated for Corrections Education.

A. Oversight, monitoring, evaluation, and reports:

(1) The Board may designate no more than four percent of the total legislative Education Contracts funding appropriated for adult corrections education for USOE administrative services.

(2) The USOE shall use designated funds for oversight, monitoring and evaluation of corrections adult education programs and program compliance with law and this rule.

B. Education Contracts funding designated for state prisons and country jails housing state offenders:

(1) Of the total number of incarcerated offenders in the custody of the Utah Department of Corrections, the percentage housed in county jails and the percentage housed at prison sites, shall be calculated each year.

(2) Those percentages shall determine the percentages of Education Contracts funding designated for corrections education that is provided to school districts serving students in respective facilities.

(3) Eligible school districts shall receive a base amount of $10,000 for each prison or county jail in which they provide services.

(4) The balance of the percentages shall be prorated to respective school districts based upon total student enrollee counts as per the State Funding Program Outcome Measures (POM) report, provided by the Adult Education Program, used to determine adult education funding.

 

R277-735-[4]6. Program, Curriculum, Outcomes and Student Mastery.

A. [Adult]Corrections education programs shall provide [a]programs that allow[s] students to transition between correctional sites in a seamless manner.

B. Adult education students receiving education services in a state prison or jail education program may graduate with a school district adult education secondary diploma upon completion of the state required [24.0]minimum units of credit[ required] under R277-700 and satisfied through completed credits or demonstrated course competency consistent with students' [SEOP career focus]SEOP/plans for college and career readiness under R277-733.

C. Graduation requirements may be changed or modified, or both, for adult students with documented disabilities through Individual Education Plans (IEPs) consistent with IDEA.

D. Modified graduation requirements for individual students shall:

(1) be consistent with the student's IEP or SEOP/plan for college and career readiness, or both;

(2) be maintained in the student's files;

(3) maintain the integrity and rigor expected for AHSC graduation.

E. Corrections education programs shall offer courses consistent with the Utah Core curriculum under R277-700.

F. The Utah Core curriculum and teaching strategies may be modified or adjusted to meet the individual needs of adult education students.

G. School district adult education staff shall develop and write (both elective and required) course descriptions for AHSC courses, consistent with the Utah Core curriculum and Utah adult education curriculum standards, as provided by the USOE.

H. School districts, CBOs and the USOE shall cooperate to develop written course descriptions for GED Test preparation, ESOL and ABE courses; courses shall be based on the Utah Core curriculum standards, modified for adult learners.

I. Course descriptions shall contain adult education mastery criteria and shall stress mastery of adult life skill material consistent with Core objective standards and Core curriculum.

J. Course content mastery shall be stressed rather than completion of required seat time in a classroom.

K. Adult high school completion education is determined by the following prerequisite courses:

(1) ESOL competency AEFLA levels one through six; and

(2) ABE competency AEFLA levels one through four.

L. AHSC courses for students seeking an Adult Education Secondary Diploma should meet the federal AEFLA AHSC Levels I and II competency requirements.

M. Adult students seeking an adult high school diploma shall have the minimum credits defined in R277-705.

N. The courses shall be supervised by a Utah licensed educator.

 

R277-735-[5]7. Confidentiality.

A. Transcripts and diplomas prepared for inmates in custody shall be issued in the name of the contracted educational agency which also provides service to non-custodial offenders and shall not bear reference to custodial status.

B. School records which refer to custodial status, inmate court records, and related matters shall be kept separate from permanent school records and shall be destroyed or may be sealed upon order of a court of competent jurisdiction.

C. Access to Student Records

(1) Staff who design and oversee individual student education plans shall have access to all appropriate records relevant to [the]a student's education.

(2) Information obtained from student records remains the property of the supplying agency and shall[ not] be transferred or shared with other persons or agencies [without the permission of the supplying agency, consistent with Section 63G-2-206]only consistent with 34 CFR 99.10.

[(3) Access to and provision of student records or transcripts shall be consistent with state and federal law.

]

R277-735-8. Corrections Education Records and Audits.

Corrections adult education programs shall meet program standards defined in R277-733-11A and B.

 

KEY: public education, custody, inmates

Date of Enactment or Last Substantive Amendment: [October 8, 2008]2014

Notice of Continuation: March 14, 2014

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-403.5; 53A-1-401(3)