DAR File No. 39839

This rule was published in the November 1, 2015, issue (Vol. 2015, No. 21) of the Utah State Bulletin.

Education, Administration

Rule R277-438

Dual Enrollment

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.

local governments:

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.

small businesses:

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:

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:


This rule may become effective on:


Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication


R277. Education, Administration.

R277-438. Dual Enrollment.

R277-438-[2]1 . Authority and Purpose.

[A.](1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3 , which vests general control and supervision of the public school system under the [b]Board[,];

(b) [by]Subsection 53A-1-402(1)(b) , 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.]

(c) Subsection 53A-1-401(3), which allows the Board to adopt rules in accordance with its responsibilities; and

(d) Section 53A-11-102.5, which governs dual enrollment.

[B.](2) The purpose of this rule is to provide consistent statewide procedures and criteria for a home school and private school student 's['] participation in a public school course, co-curricular activit[ies]y, or program.[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 R277-494.]


R277-438-[1]2 . Definitions.

[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 53A-1a-505.]

(1) "Co-curricular activity" means a school district or school activity, course, or experience that includes a required regular school day component and an after school component, including a special program or activity such as a program for a gifted and talented student, a summer program, and a science or history fair.

[D.](2) "Dual enrollment student" means a student who is enrolled simultaneously in[public]:

(a) a private school [and in a]or home school[,]; and

(b) a [Utah charter school, a Utah online school, or a regularly established private]public school.

[E.](3) "Eligibility" means a student's fitness and availability to participate in a school course, activit[ies]y, or program governed by this rule[. Eligibility]that is determined by a number of factors , including :

(a) residency[(of student and legal guardian),];

(b) scholarship[,];

(c) age[,]; and

(d) the number of semesters of participation in a particular course, activity, or program.

[F.](4) "Full-time student" means a student earning the school district designated number[(s)] and type[(s)] of credits required for participation in a [extracurricular or interscholastic] course, activit[ies]y, or program in the school district in which the student's parent[or legal guardian] resides.

[G.](5) "Home school" means a school in the state comprised of one or more students officially excused from compulsory public school attendance under Section 53A-11-102.

[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.](6) "Private school" means a school [satisfying the following criteria]in the state that:

([1]a) is maintained by a private individual[s] or corporation[s];

([2]b) is maintained and operated not at public expense;

([3]c) is generally supported, in part at least, by tuition fees or charges;

([4]d) operate[d]s as a substitute for, and giv[ing]es the equivalent of, instruction required in a public school[s];

([5]e) employ[ing]s a teacher[s] able to provide the same quality of education as a public school teacher[s];

([6]f) is established to operate indefinitely and independently, not dependent upon age of the students available or upon individual family situations; and

([7]g) is licensed as a business by the[Utah] Department of [Business Regulations]Commerce.

(7)(a) "Resident school" means a public school:

(i) that is under the control of a local school board elected under Title 20A, Chapter 14, Nomination and Election of State and Local School Boards; and

(ii) within whose boundaries a student's custodial parent resides.

(b) "Resident school" does not mean a charter school or online school.

[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.](8) "Student participation fee" means [the]a fee charged to all participating [charter/online and traditional school ]students by the resident school for [designated extracurricular]enrollment in a course, program, or co-curricular school activit[ies]y consistent with Rule R277-407.

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


R277-438-3. Private and Home School Student Participation in a Public School Course, [ Extracurricular or ]Co-curricular [ School ] Activit[ ies ] y, or Program .

[A.](1) A [S]student[s] who is exempt[ed] from compulsory public school education by [the]a local school board for instruction in a private or home school[s] may [be eligible for]enroll in the student's resident school as a dual enrollment student and participat[ion]e in a [extracurricular or]course, co-curricular [public school] activit[ies]y, or program at the student's resident school [provided they are]if the student tak[ing]es courses comparable to [traditional]resident school courses or earn[ing]s credit under options outlined in Section R277-700-6 in at least as many of the designated courses as required by the local school board of a student[s] for participation in th[at]e course, co-curricular activity , or program.

(2) A public school that is not the student's resident school may allow a private or home school student to enroll in the public school, including in a single course or program, as a dual enrollment student, at the discretion of the public school.

[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.](3) A [D]dual enrollment student[s shall be] is eligible [for]to participate in a [extracurricular or]course, co-curricular[school] activit[ies]y, or program:

(a) consistent with the eligibility standards for [fully enrolled traditional public school]a full-time student[s], including providing a report card[s] and citizenship information to [activity sponsors and coaches]the resident school or other school described in Subsection (2) upon request[.];

(b) in accordance with Section 53A-11-102.5; and

(c) in accordance with the provisions of Subsection 53A-11-102.6(2)(d).


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 school students.]

[B.] A school or school district shall waive a [S]student participation fee[s] for a dual enrollment private[, charter, online] or home school student[s shall be waived by the school or school district] if :

(1) the student[s are] is eligible ; and

(2) the parent[s] provide s required documentation under Section 53A-12-103 and Rule R277-407, School Fees.[The charter or online schools shall be responsible for payment of waived fees to the resident school district.]


[ R277-438-5. Utah Charter and Utah Online School Student Participation in Extracurricular or Co-curricular School Activities.

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.]


R277-438-[6]5 . Miscellaneous Issues.

[A.](1) A dual enrollment student attending an activit[ies]y or a portion of [the]a school day under [the provisions of ]Section 53A-11-102.5 [shall be]is subject to the same behavior and discipline rights and requirements of a full-time[resident school] student.

[B.](2) A dual enrollment student who attends an activity or a portion of the school day [shall be]is subject to the administrative scheduling and teacher discretion of the [traditional]public school.

[C.](3)(a) A dual enrollment student with a disabilit[ies]y may participate as a dual enrollment student consistent with[Utah] law, this rule and [Code of Federal Regulations (CFR) Vol. 64, No. 48, Section]34 CFR 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 participation.]

([2]b) [The]A public school that enrolls a dual enrollment student shall prepare an IEP for a student described in Subsection (3)(a) [shall have a services plan in place] prior to the student's participation in dual enrollment using comparable procedures to those required for identifying and evaluating public school students[;].

([3]c) A [S]student[s] with a disabilit[ies]y seeking dual enrollment [shall be]is 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]for the time, or for the number of courses, the student is enrolled in the public school, based on the decision of the student's IEP team.

([4]d) Decisions about the scheduling and manner of services provided [shall be]is the responsibility of the enrolling public school and school district personnel.

([5]e) A [S]school[s and]or a school district[s are] is not prohibited from providing a service[s] to a student[s] who [are]is not enrolled full time in excess of those required by [R277-438-6]this section.


KEY: public education, dual enrollment

Date of Enactment or Last Substantive Amendment: [November 10, 2008]2015

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


Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20151101.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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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 angie.stallings@schools.utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.