DAR File No. 39374

Education, Administration

Rule R277-419

Pupil Accounting

Notice of Proposed Rule

(Amendment)

DAR File No.: 39374
Filed: 05/15/2015 06:57:05 AM

RULE ANALYSIS

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.

local governments:

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.

small businesses:

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
Administration
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 angie.stallings@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:

07/01/2015

This rule may become effective on:

07/08/2015

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

R277. Education, Administration.

R277-419. Pupil Accounting.

R277-419-1. Definitions.

A. "Aggregate Membership" means the sum of all days in membership during a school year for [the]eligible students[, program, school, LEA, or state] enrolled in a public school.

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. "Blended learning program" means a program under the direction of an LEA:

(1) where a student learns at least in part:

(a) at a supervised brick and motar location away from home; and

(b) at least in part through an online delivery; and

(2) that may include some element of student control over time, place, or path, or pace.

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

E. "Brick and mortar school" means a traditional school or traditional school building.

[D. "Charter school" means a school that is authorized and operated under Sections 53A-1a-501.6, 53A-1a-515 and 53A-1a-501.3.

]F. "Competency based learning program" means an education program that requires a student to acquire a competency and includes a classroom structure and operation that aid and facilitate the acquisition of specified competencies on an individual basis wherein a student is allowed to master and demonstrate competencies as fast as the student is able.

[E]G. "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.

H. "Continuing enrollment measurement" means a methodology used to establish a student's continuing membership or enrollment status for purposes of generating membership days.

[F]I. "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 accountability reporting.

J. "Distance learning program" means a program, under the direction of an LEA, in which students receive educational services in a location other than a brick and mortar school, and may include educational services delivered over the internet.

[G]K. "Electronic high school" means a rigorous program offering 9-12 grade level courses delivered over the Internet and coordinated by the USOE.

L. "Eligible student" means a student who satisfies the criteria for enrollment in an LEA, set forth in R277-419-5.

M. "Enrollment verification data" includes:

(1) a student's birth certificate or other verification of age;

(2) verification of immunization or exemption from immunization form;

(3) proof of Utah public school residency;

(4) family income verification; or

(5) special education program information, including information for:

(a) an individualized education program;

(b) a Section 504 accommodation plan; or

(c) an English learner plan.

N. "Face-to-face learning program" means a program within an LEA that consists of eligible, enrolled public school students who physically attend school in a brick and mortar school.

O. "Home school" means the formal instruction of children in their homes instead of in an LEA. The differences between a home school student and an online student include:

(1) an online student may receive instruction at home, but the student is enrolled in a public school that follows state Core Standards;

(2) an online student is:

(a) subject to laws and rules governing state and federal mandated tests; and

(b) included in accountability measures;

(3) an online student receives instruction under the direction of highly qualified, licensed teachers who are subject to the licensure requirements of R277-502 and fingerprint and background checks consistent with R277-516 and R277-520;

(4) instruction delivered in a home school course is not eligible to be claimed in membership of an LEA and does not qualify for funding under the minimum school program in Title 53A, Chapter 17a, Minimum School Program Act.

P. "Home school course" means instruction:

(1) delivered in a home school environment where the curriculum and instruction methods, evaluation of student progress or mastery, and reporting, are provided or administered by the parent, guardian, custodian, or other group of individuals; and

(2) not supervised or directed by an LEA.

[H]Q. "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]R. "ISI-1" means a student who receives 1 to 59 minutes of YIC related services during a typical school day.

[J]S. "ISI-2" means a student who receives 60 to 179 minutes of YIC related services during a typical school day.

[K]T. "LEA" [means a]or "local education agency"[, including local school boards/public] means a school district[s and] or charter school[s].

[L]U. "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]an LEA should delete the student's record, only that the student should no longer be counted in membership.

[M]V. "Minimum School Program (MSP)" means [public school programs for kindergarten, elementary, and secondary schools described]the same as that term is defined in Section 53A-17a-103[(5)].

W. "Nontraditional Program" means a program within an LEA that consists of eligible, enrolled public school students where the student receives instruction through a:

(1) distance learning program;

(2) online learning program;

(3) blended learning program; or

(4) competency based learning program.

X. "Online learning program" means a program:

(1) that is under the direction of an LEA; and

(2) in which students receive educational services primarily over the internet.

[N]Y. "Private school" means an educational institution that:

(1) is not an [charter school but]LEA;

(2) is owned or operated by a private person, firm, association, organization, or corporation[, rather than]; and

(3) is not subject to governance by the Board consistent with the Utah Constitution.

[O]Z. "Program" means a[n institution]program within a [larger education entity]school that is designed to accomplish a predetermined curricular objective or set of objectives.

[P]AA. "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]BB. "Retained senior" means a student beyond the general compulsory education age who is authorized at the discretion of [the]an LEA to remain in enrollment as a high school senior in the year(s) after the cohort has graduated due to:

(1) sickness;

(2) hospitalization;

(3) pending court investigation or action[ or both]; or

(4) other extenuating circumstances beyond the control of the student.

[R]CC. "S1" means the record maintained by the USOE containing individual student demographic and school membership data in a Data Clearinghouse file.

[S]DD. "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]EE. "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]FF. "School" means an educational entity governed by an LEA that :

(1) is supported with public funds[, ];

(2) includes enrolled or prospectively enrolled full-time students[, ];

(3) employs licensed educators as instructors that provide instruction consistent with R277-502-5[, ];

(4) has one or more assigned administrators[, ];

(5) is accredited consistent with R277-410-3[,] and

(6) administers required statewide assessments to [its]the school's students.

[V]GG. "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 described in R277-419-1FF(2).[:]

(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]HH. "School membership" means membership other than in a special education or YIC program in the context of the Data Clearinghouse.

[X]II. "School of enrollment" means the school:

(1) where a student takes a majority of [his]the student's classes; [the school]and

(2) designated to receive the student's weighted pupil unit.

[Y]JJ. "School year" means the 12 month period from July 1 through June 30.

[Z]KK. "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]LL. "Self-Contained Resource Attendance Management (SCRAM)" means a record that tracks the aggregate membership of public school special education students for state funding purposes.

MM. "SEOP/Plan for College and Career Readiness" means a student education occupation plan for College and Career Readiness that is a developmentally organized intervention process that includes:

(1) a written plan, updated annually, for a secondary student's (grades 7-12) education and occupational preparation;

(2) all Board, local school board and local charter school governing board graduation requirements;

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

(4) attainment of approved workplace skill competencies, including job placement when appropriate; and

(5) identification of post secondary goals and approved sequence of courses.

[BB]NN. "SSID" means Statewide Student Identifier.

OO. "Superintendent" means the State Superintendent of Public Instruction or the Superintendent's designee.

[CC]PP. "UCAT" means any public institution of higher education affiliated with the Utah College of Applied Technology.

[DD]QQ. "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 53A-11-101.

[EE]RR. "USOE" means the Utah State Office of Education.

[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]SS. "Year End upload" means the Data Clearinghouse file due annually by July 15 from [school districts and charter schools]LEAs to the USOE for the prior school year.

[HH]TT. "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]LEAs, 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.

A. Schools

(1) [Each school shall receive]The Superintendent shall provide to each school 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 Clearinghouse report to the Superintendent.[; and]

(3) All schools shall employ at least one licensed educator and one administrator.

B. Programs

(1) Students who are enrolled in a program [shall remain]are considered members of a public school[; and].

(2) The Superintendent may not require [P]programs [shall not]to receive separate accountability and other state-mandated reports[from the USOE; and].

(3) Students reported under an LEA's program shall be included in the LEA's WPU and student enrollment calculations of [a]the LEA's 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]may not be required to submit data to the USOE[; and].

(2) Private schools or programs [shall]may not receive annual accountability reports.

 

R277-419-4. Minimum School Days, LEA Records, and Audits.

A. Minimum standards for school days

(1) (a) Except as provided in R277-419-4(1)(b), an LEA[s] shall conduct school for at least 990 instructional hours and 180 school days each school year[;].

(b) an LEA may seek an exception[s] to the number of school days described in R277-419-4A(1)(a) for individual students and schools [are]as provided for in R277-419-8.

(2) An LEA may offer [T]the required school days and hours [may be offered]described in R277-419-4A(1)(a) 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]or for a specific LEA in the state, as determined by the health department directive.

(d) The waiver may allow [for school districts]an LEA 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]an LEA 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]an LEA 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]an LEA 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 a specific exception[s].

(5) [Local boards are]An LEA's governing board is encouraged to provide adequate school days and hours in the [school district]LEA'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, an LEA[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).

(2) An LEA shall ensure that:

(a) [C]computerized or manually produced records for CTE programs [shall be]are kept by teacher, class , and Classification of Instructional Program (CIP) code[.]; and

(b) [These]the records [shall]described in R277-419-4B(2)(a) 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) An LEA shall ensure that each school within the LEA completes 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) [F]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) [F]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[.]; and

(3) [S]schools shall continue instructional activities throughout required calendared instruction days.

D. Audits

(1) An LEA shall employ an independent auditor[ shall be employed], under contract, [by each LEA ]to:

(a) annually audit[ its] student accounting records [annually]; and

(b) report the findings of the audit to:

(i) the LEA board[of education]; and

(ii)  [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]Superintendent in cooperation with the State Auditor's Office and published under the heading of APP C-5[;].

(3) The [USOE]Superintendent:

(a) shall review each LEA's 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

(b) may periodically or for cause review LEA records and practices for compliance with the laws and this rule.

 

R277-419-5. Student Membership.

A. Eligibility

(1) In order to generate membership for funding through the Minimum School Program for any clock hour of instruction on any school day, an LEA shall ensure that a student being counted by the LEA in membership[shall]:

(a) has not[have] previously earned a basic high school diploma or certificate of completion;

(b) has not be enenrolled in a YIC program with a YIC time code other than ISI-1 or ISI-2;

(c) does not have unexcused absences [on all of the prior ten consecutive school days]which is determined using one of the continuing enrollment measurements described in R277-419-5A(2);

(d) [be]is a resident of Utah as defined under Sections 53A-2-201 through 213;

(e) [be]is of compulsory school age or is a retained senior;

(f)(i) [be]is expected to attend a regular learning facility operated or recognized by [the]an LEA on each regularly scheduled school day , if enrolled in a face-to-face learning program;[or]

(ii) [have]has direct instructional contact with a licensed educator provided by [the]an LEA at :

(A) an LEA-sponsored center for tutorial assistance ; or

(B) [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]I) injury, illness, surgery, suspension, pregnancy, pending court investigation or action; or

([B]II) an LEA determination that home instruction is necessary[.];

(iii) [be]is 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 student's SEOP/Plan for College and Career Readiness[.]; or

(iv) is enrolled in a nontraditional program under the direction of an LEA, other than the Utah Electronic High School, that:

(A) is consistent with the student's SEOP/Plan for College and Career Readiness;

(B) has been approved by the student's counselor; and

(C) includes regular instruction or facilitation by a designated employee of an LEA.

[(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.

](2) An LEA shall use one of the following continuing enrollment measures:

(a) For a student primarily enrolled in a face-to-face learning program, the LEA may not count a student as an eligible student if the eligible student has unexcused absences during all of the prior ten consecutive school days.

(b) For a student enrolled in a nontraditional program, an LEA shall:

(i) adopt a written policy that designates a continuing enrollment measurement to document the continuing membership or enrollment status for each student enrolled in the nontraditional program consistent with R277-419-5A(1)(c);

(ii) document each student's continued enrollment status in compliance with the continuing enrollment policy at least once every ten consecutive school days; and

(iii) appropriately adjust and update student membership records in the student information system for students that did not meet the continuing enrollment measurement, consistent with R277-419-5A(1)(c).

(3) The continuing enrollment measurement described in R277-419-5A(2)(b) may include some or all of the following components, in addition to other components, as determined by an LEA:

(a) a minimum student login or teacher contact requirement;

(b) required periodic contact with a licensed educator;

(c) a minimum hourly requirement, per day or week, when students are engaged in course work; or

(d) required timelines for a student to provide or demonstrate completed assignments, coursework or progress toward academic goals.

(4) For a student enrolled in both face-to-face and nontraditional programs, an LEA shall measure a student's continuing enrollment status using the methodology for the program in which the student earns the majority of their membership days.

[(iv]5(a) An 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.

(b) An LEA[s] shall be notified within 30 days of the application deadline if courses have been approved.

B. Reporting

(1) An LEA[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 membership [shall be expressed]is calculated in days of membership.

C. Calculations

(1) If a student was enrolled for only part of the school day or only part of the school year, an LEA shall prorate 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, an LEA shall calculate the 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, an LEA shall adjust the first term of the formula[ shall be adjusted] to use 810 hours as the denominator.

(4) For students in kindergarten, an LEA shall adjust the first term of the formula[ shall be adjusted] to use 450 hours as the denominator.

D. Constraints

(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.

E. Exceptions[

] - An LEA[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 the school, upon a parent or guardian's request, during the school day for religious instruction or individual learning activity consistent with the student's SEOP/Plan for College and Career Readiness; or

(b) participating in one or more extracurricular activities under R277-438, but has otherwise been 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 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/Plan for College and Career Readiness[.];

(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 to provide special education services which directs that the instruction be paid by public funds[.   C] if the contract[s shall be] with the private school is approved by [the]an LEA board in an open meeting[.];

(c) a foreign exchange student program under 53A-2-206(8)[.];

(d) Electronic High School courses for credit which meet curriculum requirements, consistent with the student's SEOP/Plan for College and Career Readiness and following written school counselor approval[.]; or

(e) a school operated by an LEA under a Utah Schools for the Deaf and the Blind IEP provided that:

(i) the student[s] may only be counted in (S1) membership and [shall]may not have an S2 record; and

(ii) the S2 record for the[se] student[s shall only be]is submitted by the Utah Schools for the Deaf and the Blind.

 

R277-419-6. High School Completion Status.

A. An LEA shall account for [T]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], using the following decision rules to indicate the high school completion or exit status of each student who leaves the Utah public education system:

(1) [G]graduates 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[.];

(2) [O]other students are completers who have not satisfied Utah's requirements for graduation but who:

(a) [shall be]are in membership in twelfth grade on the last day of the school year; and

(b) (i) meet any additional criteria established by [the]an LEA consistent with its authority under R277-705-4C;[or]

([c]ii) 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 R277-700-8E; or

([d]iii) pass a General Educational Development (GED) test with a designated score[.];

(3) [C]continuing students are students who:

(a) transfer to higher education, without first obtaining a diploma;[or]

(b) transfer to the Utah Center for Assistive Technology (UCAT) without first obtaining a diploma; or

(c) age out of special education[.];

(4) [D]dropouts are students who:

(a) [have]leave school with no legitimate reason for departure or absence[from school or who:];

([a]b) withdraw due to a situation so serious that educational services cannot be continued even under the conditions of R277-419-5A(1)(f)(ii);[or]

([b]c) are expelled and do not re-enroll in another public education institution; or

([c]d) transfer to adult education[.];

(5) [Students]an LEA shall[be] exclude[d] a student from the cohort calculation if the[y]student:

(a) transfers out of state, out of the country, to a private school, or to home schooling;[or]

(b) [are]is a U.S. citizen[s] who enroll[ed]s in another country as a foreign exchange student;[or]

(c) [are]is a non-U.S. citizen[s] who enroll[ed]s in a Utah public school as a foreign exchange student under Section 53A-2-206 in which case the[y] student shall be identified by resident status (J for those with a J-1 visa, F for all others), not by an exit code; or

(d) die[d]s.

B[.](1) An LEA[s] shall report the high school completion status or exit code of each student to the [USOE]Superintendent as specified in Data Clearinghouse documentation.

(2) High School completion status or exit codes for each student are due to the Superintendent by Year End upload for processing and auditing.

(3) Except as provided in R277-419-6B(4), an LEA shall submit any further updates of completion status or exit codes by October 1 following the end of the student's graduating cohort pursuant to R277-484-3, Deadlines for Data Submission.

(4) An LEA with an alternative school year schedule where all of the students have a summer break in a season other than summer, shall submit the LEA's data by the next complete data submission update, following the LEA's summer break, as defined in R277-484-3.

C[.](1) The [USOE]Superintendent shall report a graduation rate for each school, LEA, and the state.

(2) The Superintendent shall calculate the graduation rates in accordance with the No Child Left Behind Act of 2001 (NCLB) and the NCLB High School Graduation Rate: Non-Regulatory Guidance.

(3) The Superintendent shall include a student in a school's graduation rate if:

(a) the school was the last school the student attended before the student's expected graduation date; and

(b) if the student does not meet any exclusion rules as stated in R277-419-6A(5).

(4) The last school a student attended will be determined by the student's exit dates as reported to Data Clearinghouse.

(5) A student's graduation status will be attributed to the school attended in their final cohort year.

(6) If a student attended two or more schools during the student's final cohort year, a tie-breaking logic to select the single school will be used in the following hierarchical order of sequence:

(a) school with an attached graduation status for the final cohort year;

(b) school with the latest exit date;

(c) school with the earliest entry date;

(d) school with the highest total membership;

(e) school of choice;

(f) school with highest attendance; or

(g) school with highest cumulative GPA.

([1]7) The Superintendent shall report [T]the four-year cohort rate [shall be reported ]on the annual state reports.

[(2) The three-year cohort graduation rate shall be reported separately for high schools on the official state graduation report.

]

R277-419-7. Student Identification and Tracking.

A[.](1) Pursuant to Section 53A-1-603.5, an LEA[s] shall:

([1]a) use the SSID system maintained by the [USOE]Superintendent 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[.]; and

([2]b) display the SSID on student transcripts exchanged with LEAs and Utah public institutions of higher education.

(2)(a) The [number]unique student identifier shall be assigned to a student upon enrollment into a public school program or a public school-funded program.

(b) The [number]unique student identifier [shall]may not be the student's social security number or contain any personally identifiable information about the student.

B[(1)]. An 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 LEAs.

([2)(a]1) A school shall transcribe the [N]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]2) 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]3) [Schools or school districts]An LEA 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]Superintendent 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]an LEA should exercise discretion in recording the name of the student.

E. An LEA is responsible to verify the accuracy and validity of enrollment verification data, prior to enrolling students in a the LEA, and provide students and their parents with notification of enrollment in a public school.

F. An LEA shall ensure enrollment verification data is collected, transmitted, and stored consistent with sound data policies, established by the LEA as required in R277-487.

 

R277-419-8. Variances.

A[.](1) An LEA may, at its discretion, make [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.

(2) The time an excepted student is required to attend school shall be established by the student's IEP or SEOP /Plan for College and Career Readiness.

B[.](1)An LEA shall plan for [E]emergency[/], activity[/], and weather-related exigency time [shall be planned for in an LEA's]in its annual calendaring.

(2) If school is closed for any reason, the school shall make up 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, an LEA[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]FF, are satisfied.

(2) Schools may conduct parent-teacher and [s]Student [e]Education [p]Plan (SEP) conferences during the school day.

(3) [Such]Parent-teacher and SEP 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.

(4) Student membership for professional development or parent-teacher conference days shall be counted as that of the previous school day.

([4]5) An 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 completing kindergarten.

(6) If instruction days are designated for kindergarten assessment:

(a) an LEA shall designate the days[shall be designated by the LEA board] in an open meeting;

(b) an LEA shall provide adequate notice and explanation [shall be provided ]to kindergarten parents well in advance of the assessment period;

(c) qualified school employees shall conduct the 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]7) The final decision and approval regarding planning time, parent-teacher and SEP conferences rests with [the local board of education]an LEA, consistent with Utah law and Board administrative rules.

([6]8) Total instructional time and school calendars shall be approved by [local boards]an LEA 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]the 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, pupil accounting

Date of Enactment or Last Substantive Amendment: [December 8, 2014]2015

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