DAR File No. 39839
This rule was published in the November 1, 2015, issue (Vol. 2015, No. 21) of the Utah State Bulletin.
Notice of Proposed Rule
DAR File No.: 39839
Filed: 10/15/2015 03:09:56 PM
Purpose of the rule or reason for the change:
Rule R277-438 is amended to provide technical and conforming changes to the rule and bring the rule into compliance with Utah Code.
Summary of the rule or change:
The amendments to Rule R277-438 clarify a student's right to dual enroll simultaneously in a private or home school and a public school. The amendments also distinguish dual enrollment from the statutory requirement to allow a home, private, charter, or online school student to participate in activities at another public school. The amendments also provide changes to numbering and make technical corrections throughout the rule.
State statutory or constitutional authorization for this rule:
- Art. X, Sec. 3
- Subsection 53A-1-402(1)(b)
- Section 53A-11-102.5
- Subsection 53A-1-401(3)
Anticipated cost or savings to:
the state budget:
The amendments to this rule provide clarification and technical and conforming changes throughout, which likely will not result in a cost or savings to the state.
The amendments to this rule provide clarification and technical and conforming changes throughout, which likely will not result in a cost or savings to local government.
The amendments to this rule provide clarification and technical and conforming changes throughout, 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 provide clarification and technical and conforming changes throughout, 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:
There are likely no compliance costs for affected persons. The amendments to this rule provide clarification and technical and conforming changes throughout the rule.
Comments by the department head on the fiscal impact the rule may have on businesses:
To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule.
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.
R277-438. Dual Enrollment.
. Authority and Purpose.
A.] This rule is authorized by
Utah Constitution Article X, Section 3
which vests general control and supervision of the public
school system under the [
which directs the Board to establish rules and minimum
standards for access to programs[ and by Section 53A-11-102.5 directing the Board to make
rules to permit home school, charter and online students and
private school students to participate in public school
extracurricular or co-curricular school activities.]
B.] The purpose of this rule is to provide consistent
statewide procedures and criteria for
home school and private school student
s[ '] participation in
activit[ ies].[ A further purpose is to provide procedures and criteria for
charter school and online school students to participate in
traditional public school activities consistent with
A. "Accredited" means evaluated and approved
under the standards of the Northwest Accreditation Commission or
the accreditation standards of the Board, available from the USOE
Accreditation Specialist. B. "Board" means the Utah State Board of
Education. C. "Charter school" means a school acknowledged
as a charter school by a local board of education under Section
53A-1a-515 and by R277-470, or by the Board under Section
D.] "Dual enrollment student" means a student who
is enrolled simultaneously in[ public]
and in a] home school[ ,]
Utah charter school, a Utah online school, or a regularly
established private] school.
E.] "Eligibility" means a student's fitness
and availability to participate in
activit[ ies] governed by this rule[ . Eligibility] is determined by a number of factors
(of student and legal guardian),]
number of semesters of participation in a particular activity.
F.] "Full-time student" means a student earning
the school district designated number[ (s)] and type[ (s)] of credits required for participation in
[ extracurricular or interscholastic]
activit[ ies] in the school district in which the
student's parent[ or legal guardian] resides.
G.] "Home school" means a school
comprised of one or more students officially
excused from compulsory public school attendance under Section
H. "Online school" means a school: (1) that provides the same number of classes consistent
with the requirement of similar resident schools; (2) that delivers course work via the internet; (3) that has designated a readily accessible contact
person; and (4) that provides the range of services to public
education students required by state and federal law. I. "Previous academic grading period" means the
most recent period as defined by the school district for which a
student received a recorded grade.]
J.] "Private school" means a school [ satisfying the following criteria]:
private individual[ s] or corporation[ s];
maintained and operated not at public expense;
generally supported, in part at least, by tuition fees or
4]) operate[ d] as a substitute for, and giv[ ing] the equivalent of, instruction required in
public school[ s];
5]) employ[ ing] teacher[ s] able to provide the same quality of education
public school teacher[ s];
established to operate indefinitely and independently,
not dependent upon age of the students available or upon individual
family situations; and
licensed as a business by the[ Utah] Department of [ Business Regulations].
K. "School participation fee" means the fee paid
by the charter/online school to the traditional school consistent
with the fee schedule of R277-494-4 for student participation in
extracurricular or co-curricular school activities.]
L.] "Student participation fee" means [ the] fee charged to all participating [ charter/online and traditional school ]students by
the resident school for [ designated extracurricular] or co-curricular school
activit[ ies] consistent with
M. "USOE" means the Utah State Office of
R277-438-3. Private and Home School Student Participation in
A.] [ S]tudent[ s]
exempt[ ed] from compulsory public school education by [ the] local
board for instruction in
private or home school[ s] may [ be eligible for] participat[ ion] in
[ extracurricular or] co-curricular [ public school] activit[ ies] [ provided they are] tak[ ing] courses comparable to [ traditional] school courses or earn[ ing] credit under options outlined in
R277-700-6 in at least as many of the designated
courses as required by the local
student[ s] for participation in th[ at] activity
B. The private or home school student may only participate
in extracurricular or co-curricular school day activities at the
school within whose boundaries the student's custodial
parent(s) or legal guardian resides.]
C.] [ D]ual enrollment student[ s shall be]
eligible [ for] [ extracurricular or] co-curricular[ school] activit[ ies]
eligibility standards for [
fully enrolled traditional public school] student[ s], including providing
report card[ s] and citizenship information to [ activity sponsors and coaches] upon request[ .]
R277-438-4. Fees for Private and Home School Students.
A. Private and home school students are responsible for
student participation fees in the same manner as full-time public
[ S]tudent participation fee[ s] for
private[ , charter, online] or home school student[ s shall be waived by the school or school
required documentation under Section 53A-12-103 and
R277-407, School Fees.[ The charter or online schools shall be responsible for
payment of waived fees to the resident school
R277-438-5. Utah Charter and Utah Online School Student
Participation in Extracurricular or Co-curricular School
A. Utah charter school and Utah online school students
shall be eligible to participate in extracurricular and
co-curricular school activities at their public schools of
residence consistent with Section 53A-1a-519, Section 53A-2-214,
and R277-494. B. Charter schools and online schools may determine if
the schools shall allow students to participate in
extracurricular or co-curricular school activities at the
students' resident schools understanding: (1) That the charter/online school is responsible for the
school participation fees associated with the designated activity
consistent with Section R277-494-4; (2) If the charter/online school allows one student to
participate in a given activity, the charter/online school shall
allow all interested students to participate; (3) That the charter/online school is responsible for the
school participation fee; (4) That the student shall be allowed to participate only
upon payment of the school participation fee by the
school; (5) That the charter/online school shall cooperate fully
with all resident schools regarding students' participation
in try-outs, practices, pep rallies, team fund raising efforts,
scheduled games and required travel and provision of complete and
prompt reports of student academic and citizenship progress or
grades, upon request; and (6) That charter/online students' parents are
responsible for the students' transportation to the school
with which the student participates; and (7) That the charter/online school is responsible for any
student participation fees required of all student participants in
the activity if the participating student is eligible for fee
waivers under R277-407.]
. Miscellaneous Issues.
activit[ ies] or a portion of [ the] school day under [ the provisions of ]Section 53A-11-102.5 [ shall be] subject to the same behavior and discipline rights and
requirements of a full-time[ resident school] student.
student who attends an activity or a portion
of the school day [ shall be] subject to
administrative scheduling and teacher discretion of the
[ traditional] school.
disabilit[ ies] may participate as a dual enrollment student consistent
with[ Utah] law, this rule and [ Code of Federal Regulations (CFR) Vol. 64, No. 48,
Section] 300.450 through 300.455.
(1) If a student with disabilities who attends a charter or
online school desires to participate in dual enrollment, the
charter/online school is responsible for accommodations or extra
costs to the student's resident school for the student's
2]) [ The] student
[ shall have a services plan in place] prior to
participation in dual enrollment using
comparable procedures to those required for identifying and
evaluating public school students[ ;]
[ S]tudent[ s] with
disabilit[ ies] seeking dual enrollment [ shall be] entitled to services [ only in the same proportional amount that the number of
private school students residing in the district is to the total
number of students with disabilities in the district].
4]) Decisions about the scheduling and manner of services
provided [ shall be] the responsibility of
[ S]chool[ s and] district[ s are]
not prohibited from providing
service[ s] to
student[ s] who [ are] not enrolled full time in excess of those required by [ R277-438-6].
KEY: public education, dual enrollment
Date of Enactment or Last Substantive Amendment: [
November 10, 2008]
Notice of Continuation: March 14, 2014
Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-1-402(1)(b); 53A-11-102.5
More information about a Notice of Proposed Rule is available online.
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For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Division of Administrative Rules.