DAR File No. 39374
This rule was published in the June 1, 2015, issue (Vol. 2015, No. 11) of the Utah State Bulletin.
Notice of Proposed Rule
DAR File No.: 39374
Filed: 05/15/2015 06:57:05 AM
Purpose of the rule or reason for the change:
Rule R277-419 is amended to provide language to allow a local education agency (LEA) to enroll students in both traditional and nontraditional programs; to clarify that a home school program does not qualify for public funding; to provide high school completion status requirements and procedures; to eliminate Section R277-419-9, which has been incorporated into two new rules and one amended rule; and to provide numerous technical changes throughout the rule.
Summary of the rule or change:
Amendments to Rule R277-419 include providing new and revised definitions; providing student membership criteria for students in nontraditional learning programs in public schools; providing high school completion status criteria; and removing Section R277-419-9. (DAR NOTE: The proposed new rule, R277-417, is under DAR No. 39372, and the other proposed new rule, R277-418, is under DAR No. 39373. The proposed amendment to Rule R277-487 is under DAR No. 39375 in this issue, June 1, 2015, of the Bulletin.)
State statutory or constitutional authorization for this rule:
- Subsection 53A-1-401(3)
- Subsection 53A-1-402(1)(e)
Anticipated cost or savings to:
the state budget:
The amendments provide language to clarify student enrollment and membership criteria for public education funding purposes. It is anticipated that the amendments will likely not result in a cost or savings to the state budget.
The amendments provide language to clarify student enrollment and membership criteria for public education funding purposes. It is anticipated that the amendments will likely not result in a cost or savings to local government.
The amendments provide language to clarify student enrollment and membership criteria for public education funding purposes. It is anticipated that the amendments will likely not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
The amendments provide language to clarify student enrollment and membership for public education funding purposes. It is anticipated that the amendments will likely 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 provide language to clarify student enrollment and membership criteria for public education funding purposes 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.
Brad C. Smith, 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:
- Angela Stallings at the above address, by phone at 801-538-7656, 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:
Angela Stallings, Associate Superintendent, Policy and Communication
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. "Approved CTE course" means a course approved by the Board within the Career and Technical Education (CTE) Pathways in the eight areas of study.
C]. "Board" means the Utah State Board of
D. "Charter school" means a school that is
authorized and operated under Sections 53A-1a-501.6, 53A-1a-515 and
E]. "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.
F]. "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
G]. "Electronic high school" means a rigorous
program offering 9-12 grade level courses delivered over the
Internet and coordinated by the USOE.
H]. "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.
I]. "ISI-1" means a student who receives 1 to 59
minutes of YIC related services during a typical school day.
J]. "ISI-2" means a student who receives 60 to 179
minutes of YIC related services during a typical school day.
K]. "LEA" [ means a]local education agency[ , including local school boards/public] school district[ s and] charter school[ s].
L]. "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
the] LEA should delete the student's record, only that the
student should no longer be counted in membership.
M]. "Minimum School Program (MSP)" means [ public school programs for kindergarten, elementary, and
secondary schools described] in Section 53A-17a-103[ (5)].
N]. "Private school" means an educational
is not a [
charter school but]
is owned or operated by a private person, firm,
association, organization, or corporation[
, rather than]
subject to governance by the Board consistent with the Utah Constitution.
O]. "Program" means a[ n institution] within a [ larger education entity] that is designed to accomplish a predetermined
curricular objective or set of objectives.
P]. "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.
Q]. "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.
R]. "S1" means the record maintained by the USOE
containing individual student demographic and school membership
data in a Data Clearinghouse file.
S]. "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.
T]. "S3" means the record maintained by the USOE
containing individual student data related to participation in a
YIC program in a Data Clearinghouse file.
U]. "School" means an educational entity governed
by an LEA that
is supported with public funds[
includes enrolled or prospectively enrolled full-time
employs licensed educators as instructors that provide
instruction consistent with R277-502-5[
has one or more assigned administrators[
is accredited consistent with R277-410-3[
administers required statewide assessments to [
V]. "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.
W]. "School membership" means membership other
than in a special education or YIC program in the context of the
X]. "School of enrollment" means the school
where a student takes a majority of [
his] classes; [ the school]
designated to receive the student's weighted pupil unit.
Y]. "School year" means the 12 month period from
July 1 through June 30.
Z]. "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.
AA]. "Self-Contained Resource Attendance Management
(SCRAM)" means a record that tracks the aggregate membership
of public school special education students for state funding
BB]. "SSID" means Statewide Student Identifier.
CC]. "UCAT" means any public institution of higher
education affiliated with the Utah College of Applied
DD]. "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 R277-419-4B(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
EE]. "USOE" means the Utah State Office of
FF. "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.
GG]. "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.
HH]. "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.
R277-419-3. Schools and Programs.
Each school shall receive] the
appropriate accountability reports [ from the USOE ]and other state-mandated reports
for the school type and grade range[ ; and]
(2) All schools shall submit a
(3) All schools shall employ at least one licensed educator and one administrator.
(1) Students who are enrolled in a program
shall remain] members of a public school[ ; and]
P]rograms [ shall not] receive separate accountability and other state-mandated
reports[ from the USOE; and]
(3) Students reported under a program shall be included in
WPU and student enrollment calculations of [
a] school of enrollment[ ; and]
(4) Courses taught at programs shall be credited to the appropriate school of enrollment.
C. Private school or program
(1) Private schools or programs [
shall] not be required to submit data to the USOE[ ; and]
(2) Private schools or programs [
shall] not receive annual accountability reports.
R277-419-4. Minimum School Days, LEA Records, and Audits.
A. Minimum standards for school days
s] shall conduct school for at least 990
instructional hours and 180 school days each school year[ ;]
s] to the number of school days
for individual students and
schools [ are] provided for in R277-419-8.
T]he 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
(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
(4) Minimum standards[
shall] apply to all public schools in all settings
unless Utah law or this rule provides for
specific exception[ s].
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,
s] 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).
C]omputerized or manually produced records for CTE programs [ shall be] kept by teacher, class
and Classification of Instructional Program (CIP) code[ .]
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
C. Due to school activities requiring schedule and program modification during the first days and last days of the school year:
F]or 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[ .]
F]or 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[ .]
S]chools shall continue instructional activities throughout
required calendared instruction days.
shall be employed] under contract [ by each LEA ]to
its] student accounting records [ annually] and
report the findings to
the LEA board[
of education] and
to ]the Finance and Statistics Section of the
(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 [
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.
R277-419-5. Student Membership.
(1) In order to generate membership for
funding through the M S P for any clock hour of instruction on any school day,
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;
not have unexcused absences [
on all of the prior ten consecutive school days];
be] a resident of Utah as defined under Sections 53A-2-201
be] of compulsory school age or
a retained senior;
be] expected to attend a regular learning facility operated
or recognized by [ the] LEA on each regularly scheduled school day
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[ .]
be] enrolled in an approved CTE course(s) on the campus of
another state funded institution where such a course is:
(A) not offered at the student's school of membership;
(B) being used to meet Board-approved CTE graduation requirements under R277-700-6C(7); and
(C) a course consistent with the
(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.
LEA[ s] desiring to generate membership for student
enrollment in courses outlined in R277-419-5A(1)(f)(iii), or to
seek a waiver from a requirement(s) in R277-419-5A(1)(f)(iii),
shall submit an application for course approval by April 1 of the
year prior to which the membership will be counted.
s] shall be notified within 30 days of the
application deadline if courses have been approved.
s] 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
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
(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
(3) For students in grade 1,
the first term of the formula[
shall be adjusted] to use 810 hours as the
(4) For students in kindergarten,
the first term of the formula[
shall be adjusted] to use 450 hours as the
(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.
s] 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
exempted from school
attendance under 53A-11-102 for home schooling[
and participates in one or more extracurricular activities
(2) two periods each school day per
student for time spent in bus travel during the regular school day
to and from another state-funded institution, 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[
. C]ontract[ s shall be]
approved by [ the] LEA board in an open meeting[ .]
(c) a foreign exchange student program
(d) Electronic High School courses 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:
s] may only be counted in (S1) membership and [ shall] not have an S2 record;
(ii) the S2 record for the[
se] student[ s shall only be] submitted by the Utah Schools for the Deaf and the
R277-419-6. High School Completion Status.
T]he 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:
G]raduates are students who earn a basic high school diploma
by satisfying one of the options consistent with R277-705-4B or
out-of-school youths of school age who complete adult education
secondary diploma requirements consistent with R277-733[ .]
O]ther students are completers who have not satisfied
Utah's requirements for graduation but who:
shall be] in membership in twelfth grade on the last day of the
school year; and
meet any additional criteria established by [
the] LEA consistent with its authority under R277-705-4C;[ or]
c]) meet any criteria established for special education
students under Utah State Board of Education Special Education
Rules, Revised, August 2007, and available from the USOE, and
d]) pass a General Educational Development (GED) test with
a designated score[ .]
C]ontinuing students are students who:
(a) transfer to higher education, without
first obtaining a diploma;[
(b) transfer to the Utah Center for Assistive Technology (UCAT) without first obtaining a diploma; or
(c) age out of special education[
D]ropouts are students who
have] no legitimate reason for departure or
absence[ from school or who:]
a]) withdraw due to a situation so serious that educational
services cannot be continued even under the conditions of
b]) are expelled and do not re-enroll in another public
education institution; or
c]) transfer to adult education[ .]
Students] shall[ be] exclude[ d]
from the cohort calculation if the[ y]:
(a) transfer out of state, out of the country, to a private school, or
to home schooling;[
are] U.S. citizen[ s] who enroll[ ed] in another country as a foreign exchange student;[ or]
are] non-U.S. citizen[ s] who enroll[ ed] in a Utah public school as a foreign exchange student
under Section 53A-2-206 in which case the[ y]
shall be identified by resident status (J for those
with a J-1 visa, F for all others), not by an exit code; or
.] LEA[ s] shall report the high school completion status
or exit code of each student to the [ USOE] as specified in Data Clearinghouse
.] The [ USOE] shall report a graduation rate for each
school, LEA, and the state.
[ T]he four-year cohort rate [ shall be reported ]on the annual state
(2) The three-year cohort graduation rate shall be reported
separately for high schools on the official state graduation
R277-419-7. Student Identification and Tracking.
.] Pursuant to Section 53A-1-603.5,
LEA[ s] shall:
1]) use the SSID system maintained by the [ USOE] to assign every student enrolled in a program
under the direction of the Board or in a program or a school that
is supported by public school funding a unique student identifier[ .]
2]) display the SSID on student transcripts exchanged with
LEAs and Utah public institutions of higher education.
(a) The [
number] shall be assigned to a student
upon enrollment into a public school program or a public
(b) The [
number] [ shall] not be the student's social security number or
contain any personally identifiable information about the
(1)] LEA[ s] 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
[ N]ames [ 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
.] [ A]n 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
The time an excepted student is required to attend school shall be established by the student's IEP or SEOP .
.] [ E]mergency[ /] 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
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,
s] 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[ V], are satisfied.
(2) Schools may conduct parent-teacher and
s]tudent [ e]ducation [ p]lan
conferences during the school day.
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.
LEA[ s] 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
If instruction days are designated for kindergarten assessment:
shall be designated by the LEA board] in an open
adequate notice and explanation [
shall be provided ]to kindergarten parents well in
advance of the assessment period;
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
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.
R277-419-9. Provisions for Maintaining Student Membership and
Enrollment Documentation and Documentation of Student Education
Services Provided by Third Party Vendors.
A. R277-419-1 through 8 provide direction for student
membership and enrollment and eligibility criteria for both
traditional and nontraditional schools and programs. B. A traditional program is a public school program that
consists of eligible enrolled public education students who
physically attend school in classrooms. C. A nontraditional program is a public school program
that consists of eligible, enrolled public education students
where students primarily receive instruction either online or
through a distance learning program. D. LEAs may enroll students in both traditional and
nontraditional programs. E. Home school courses do not qualify for public
education funding for both traditional and non-traditional
programs. Home school courses are those where the curriculum and
instructional methods, reporting, or evaluation of student
progress or mastery is provided or administered by the parent,
guardian, custodian, or other group of individuals, not directly
supervised by an LEA. F. LEA and Third Party Vendor Use of Public Funds for
Incentives and Reimbursements (1) LEAs or their third party vendors shall not use
public funds, as defined under Section 51-7-3(26), to provide
monetary or other incentives for enrollment or referral bonuses
to individuals or groups of individuals. (2) LEAs or their third party vendors shall not use
public funds to provide educational, curriculum, instruction,
private lessons, or technology reimbursements to individuals,
groups of individuals or third party vendors that are not
available to all students enrolled in the LEA or required by an
IEP or 504 plan that is approved by the LEA. (3) LEAs or their third party vendors that purchase items
or technology devices and provide them to students shall ensure
that these items are the property of the LEAs and are subject to
the LEAs asset policies. (4) LEAs shall establish provisions identified in
R277-419-9F(1) through (3) in their contracts with third party
vendors and shall monitor compliance with these
provisions. G. LEAs shall ensure school enrollment verification
records are collected consistent with sound data collection and
storage procedures, established by the LEA, and that these
records are transmitted securely. It is the LEAs' responsibly
to verify the accuracy and validity of student enrollment
records, prior to enrolling students in an LEA, and provide
students and their parents with notification of enrollment in a
public school. An LEA is the only entity authorized to collect
and store public school enrollment verification records
including: (1) birth certificates or other verification of age and
identity; (2) verification of immunization or exemption
form; (3) proof of Utah public school residency; (4) family income verification; or (5) special education records, including: (a) individualized education program; (b) 504 plan; or (c) English learner plan. H. All LEAs that enroll public school students shall
maintain documentation of the following: (1) that the LEA complied with all provisions of
R277-419-1 through 8; (2) that the LEA complied with all educator licensure
requirements of R277-502; (3) that the LEA complied with all fingerprint and
background check requirements for educators, employees and
volunteers consistent with Section 53A-3-410, 53A-1a-512.5,
R277-516, and R277-520; (4) that the LEA established a school schedule consistent
with R277-419-4A(1); (5) that the LEA only enrolled students who met the
eligibility requirements of R277-419-5A(1) (a-e); (6) that the LEA directed the instruction of the core
curriculum consistent with Section 53A-1-402(1)(a) and R277-700;
and (7) that the LEA scheduled and administered all statewide
assessments, as required under Sections 53A-1-606.6 through
53A-1-611 and R277-404. I. In addition to R277-419-9D, LEAs that enroll students
in traditional programs shall also satisfy the requirements of
R277-419-5A(1)(f). J. In addition to R277-419-9D, LEAs that enroll students
in nontraditional programs shall also maintain documentation that
the LEA satisfied the following: (1) adopted a written policy that designates a continuing
enrollment measurement to document the continuing membership or
enrollment status for individual students consistent with
R277-419-5A(1)(c); (2) measured and documented each student's continued
enrollment using the adopted continuing enrollment measurement at
least every ten consecutive school days; (3) documented that LEA employees confirmed students'
continued enrollment consistent with R277-419-9J(2) and updated
student membership records in the student information system;
and (4) documented that the LEA adjusted the student
membership information for students that did not meet the
continuing enrollment measurement, consistent with
R277-419-5A(1)(c). K. The continuing enrollment measurement may include some
or all of the following components, in addition to other
components, as determined by the LEA: (1) a minimum student login or teacher contact
requirement; (2) required periodic contact with a licensed
educator; (3) a minimum hourly requirement, per day or week, when
students are engaged in course work; or (4) required timelines for a student to provide or
demonstrate completed assignments, coursework or progress toward
academic goals. L. LEA Nontraditional Program and Third Party Vendor
Compliance (1) An LEA offering a nontraditional program that
contracts for curricular and instructional services which are
administered by third party vendors shall submit documentation of
compliance with law and Board rules (as prescribed by the Board)
to the Superintendent's office for review prior to the
initiation of the program. (2) An LEA offering a nontraditional program that
contracts for curricular and instructional services from a third
party vendor and does not resolve a corrective action item, may
not qualify for some or all Minimum School Program
funds. M. An LEA that contracts with a third party vendor to
provide curricular and instructional services to students for
nontraditional programs shall monitor and supervise the vendor
throughout the administration of the services and ensure
compliance, at a minimum, with the following: (1) all student eligibility and membership/enrollment
requirements of R277-419 are met; (2) all educator licensure requirements of R277-502 are
satisfied; (3) all fingerprint and background check requirements for
educators, employees and volunteers, consistent with Section
53A-3-410, 53A-1a-512.5, R277-516, and R277-520, are
met; (4) the Board-directed core standards are used in student
instruction, consistent with Section 53A-1-402(1)(a) and
R277-700; (5) all required statewide assessments are administered
by the LEA, as required under Sections 53A-1-606.6 through
53A-1-611 and R277-404; (6) the LEA has a written supervision plan for the vendor
administration of curricular and instructional services;
and (7) the LEA maintains documentation of supervisory
activities ensuring compliance with the written supervision plan
(copy of the agreement, assignment of supervising personnel by
title, meeting notes, correspondence with vendor) consistent with
the LEA's administrative records retention schedule. N. Consistent with R277-114, the Superintendent may
withhold funds from traditional or nontraditional public
education programs for non-compliance with R277-419. An LEA may
appeal the decision of the Superintendent to the Board.
]KEY: education finance, school enrollment
Date of Enactment or Last Substantive Amendment: [
December 8, 2014]
Notice of Continuation: September 14, 2012
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
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