DAR File No. 39841

Education, Administration

Rule R277-494

Charter School and Online Student Participation in Extracurricular or Co-curricular School Activities

Notice of Proposed Rule

(Amendment)

DAR File No.: 39841
Filed: 10/15/2015 03:11:44 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-494 is amended to include provisions related to home and private school student participation in extracurricular or co-curricular activities and to provide technical and conforming changes to the rule.

Summary of the rule or change:

The amendments include provisions related to home and private school student participation in extracurricular or co-curricular activities and provide changes to numbering and terminology throughout the rule.

State statutory or constitutional authorization for this rule:

• Art. X, Sec. 3
• Subsection 53A-1a-519(6)(a)
• Subsection 53A-2-214(6)
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There is likely no cost or savings to the state budget. The amendments to this rule provide clarification for participation in extracurricular and co-curricular activities and provide technical and conforming changes.

local governments:

There is likely no cost or savings to local government. The amendments to this rule provide clarification for participation in extracurricular and co-curricular activities and provide technical and conforming changes.

small businesses:

There is likely no cost or savings to small businesses. The amendments to this rule provide clarification for participation in extracurricular and co-curricular activities and provide technical and conforming changes.

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

There is likely no cost or savings to persons other than small businesses, businesses, or local government entities. The amendments to this rule provide clarification for participation in extracurricular and co-curricular activities and provide technical and conforming changes.

Compliance costs for affected persons:

There are likely no compliance costs for affected persons. The amendments to this rule provide clarification for participation in extracurricular and co-curricular activities and provide technical and conforming changes.

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
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:

12/01/2015

This rule may become effective on:

12/08/2015

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

R277. Education, Administration.

R277-494. Charter, Online, Home, and Private School[ and Online ] Student Participation in Extracurricular or Co-curricular School Activities.

R277-494-[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 public education in the Board[,];

(b) S ubsection 53A-1-401(3) , which permits the Board to adopt rules in accordance with its responsibilities[,];

(c) S ubsection 53A-1a-519(6)(a)[)], [that]which directs the Board to make rules establishing fees for a charter school student's participation in extracurricular or co-curricular activities at [school district]certain public schools[,]; and

(d) S ubsection 53A-2-214(6) , which directs the Board to make rules establishing fees for an online student's participation in extracurricular or co-curricular activities at [school district]certain public schools.

[B.](2) The purpose of this rule is to inform school districts, charter and online schools, and parents of:

(a) school participation fees; and

(b) state-determined requirements for a charter school or a public online school student to participate in an extracurricular[athletics and] activit[ies]y at a student's boundary school.

 

R277-494-[1]2 . Definitions.

[A.](1) "Activity fee[s]" means a fee[s] that:

(a) [are]is approved by a local school board or public school[and];

(b) is charged to all students to participate in an[y or all] activit[ies]y sponsored by or through the public school[.]; and

(c) [Fees vary among districts and schools and ]entitles a public school student to:

(i) participate in a [regular ]school activit[ies]y[,];

(ii) [to ]try out for an extracurricular or co-curricular school activit[ies]y[,];

(iii) [to ]receive transportation to an activit[ies]y[,]; and

(iv) [to ]attend a regularly scheduled public school activit[ies]y.

[B. "Board" means the Utah State Board of Education.

C. "Charter school" means a school acknowledged as a charter school by a chartering entity under Sections 53A-1a-515, 53A-1a-521, and R277-470 or by the Board under Section 53A-1a-505.]

[D.](2) "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[s] or activit[ies]y such as a program[s] for a gifted and talented student[s], a summer program[s], and a science [and]or history fair[s are co-curricular activities].

[E.](3) "Extracurricular activity" means an athletic program or activity sponsored by [the]a public school and offered, competitively or otherwise, to a public school student[s] outside of the regular school day or program.

[F. "Online school" means a school:

(1) that provides the same number of classes consistent with the requirement of similar public 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.]

(4) "Online school" means a formally constituted public school that offers full-time education delivered primarily over the internet.

(5) "Qualifying school" means:

(a) for purposes of a charter school student, a school described in Subsection 53A-1a-519(1);

(b) for purposes of an online school student, a school described in Subsection 53A-2-214(2); and

(c) for purposes of a private or home school student, a school described in Subsection 53A-11-102.6(2)(c).

[G. "Pay to play fees" means the fees charged to a student to participate in a specific school-sponsored extracurricular or co-curricular activity. All fees shall be approved annually by the local board of education.]

[I.](6) "[Student's s]School of enrollment" means the public school [in which the student is enrolled consistent with Section 53A-11-101 et seq.]that maintains the student's cumulative file, enrollment information and transcript for purposes of high school graduation.

[K.](7) "School participation fee" means the fee paid by the charter[/] or online school to [the boundary]a qualifying school consistent with Subsections R277-494-[4]3(2) or R277-494-4(2) for student participation in an extracurricular [or co-curricular]or co-curricular activit[ies]y.

[H. "Student's boundary school" means the school the student is designated to attend according to where the student's legal guardian lives or the school where the student is enrolled under Section 53A-2-206.5 et seq.]

[J. "Student fee waivers" means all expenses for an activity that are waived for student participation in the activity consistent with Section 53A-12-103 et seq. and R277-407.]

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

 

R277-494-3. [Requirements for Payment and Participation Integral to the Schedule]Charter and Online School Student Participation in Extracurricular Activities at Another Public School.

[A.](1) A charter or online school[shall allow] student may participat[ion]e in an extracurricular activit[ies]y [designated under R277-494-1E upon]at a qualifying school if:

(a) the extracurricular activity is not offered by the student's charter or online school;

(b) the student satisf[action of]ies[requirements and payments of this rule and]:

(i) for a charter school student, the requirements of Subsection 53A-1a-519(3);

(ii) for an online school student, the requirements of Subsection 53A-2- 214(3); and

(iii) the requirements of this rule;

(c) [satisfaction of school district]the student meets the qualifying school's standards and requirements[.]; and

(d) the student's parent agrees to provide the student transportation to the qualifying school for the extracurricular activity.

(2)(a) A charter or online school of enrollment shall determine if the charter or online school will allow students to participate in extracurricular school activities at qualifying schools.

(b) If a charter or online school allows one student to participate in an extracurricular activity at a qualifying school, the charter or online school shall allow all interested students to participate.

[B.](c) A charter or online school student's school of enrollment shall pay a school participation fee of $75.00 per student[shall be paid by the student's school of enrollment] to the [boundary]qualifying school at which the charter or online school student desires to participate.

(d) Upon annual payment of the school participation fee, the student may participate in all extracurricular school activities [as defined in R277-494-1E]at the school during the school year for which the student is qualified and eligible.

(e) A charter or online school of enrollment shall cooperate fully with all qualifying schools:

(i) regarding students' participation in try-outs, practices, pep rallies, team fund raising efforts, scheduled games, and required travel; and

(ii) by providing complete and prompt reports of student academic and citizenship progress or grades, upon request.

[C.](3)(a) The school participation fee [paid by the charter or online school]described in Subsection (2)(c) is in addition to :

(i) [individual]a student participation fee[s] for a specific extracurricular activit[ies]y; and

(ii) the activity fee[s] charged to all students in [the]a [secondary]qualifying school to supplement a school activit[ies]y as assessed by the school consistent with this rule.

(4) Except as provided in Subsection (6), a charter or online school [S]student who participates in an extracurricular activity at a qualifying school shall pay a student participation fee[s] or required activity fee[s shall be paid] to the [boundary]qualifying school [by the participating student]in accordance with deadlines set by the qualifying school.

[D.](5) All fees, including school participation fees, student participation fees , and activity fees shall be paid prior to a charter or online school student 's participation in an activity at the qualifying school.

[E.](6) If a participating charter or online school student qualifies for a fee waiver[s], in accordance with Rule R277-470, the charter or online student's school of enrollment shall pay all waived student participation fees[shall be paid] to the [boundary]qualifying school[by the student's school of enrollment] prior to the student 's participation in an activity at the qualifying school.

 

R277-494-4. [Additional Provisions]Charter or Online School Student Participation in Co-Curricular Activities.

(1)(a) A charter or online school student may participate in a co-curricular activity at a qualifying school if:

(i) the co-curricular activity is not offered by the student's charter or online school;

(ii) the student satisfies:

(A) for a charter school student, the requirements of Subsection 53A-1a-519(3);

(B) for an online school student, the requirements of Subsection 53A-2-214(3); and

(C) the requirements of this rule;

(iii) the student meets the qualifying school's standards and requirements; and

(iv) the student's parent agrees to provide the student transportation to the qualifying school for the co-curricular activity.

[A.](1)(b) A [C]charter[,] or online school [and traditional] may negotiate with [schools may negotiate to allow student]a public school other than a school described in Subsection (1) to participat[ion]e in a co-curricular activit[ies]y at the other public school, [such as]including:

(i) a debate, drama, or choral program[s,];

(ii) a specialized course[s] or program[s] offered during the regular school day[,]; and

(iii) a school 's [district-]sponsored enrichment program[s] or activit[ies]y.

(b) [Participating charter/online students shall be required to]A student who participates in a co-curricular activity described in Subsection (1)(a) shall meet :

(i) [all]the same attendance, discipline, and course requirements expected of [all boundary]the public school 's full-time students[.];

(ii) for a charter school student, the requirements of Subsection 53A-1a-519(3); and

(iii) for an online school student, the requirements of Subsection 53A-2-214(3).

(2)(a) A charter or online school of enrollment shall determine if the school will allow students to participate in co-curricular school activities at qualifying schools.

(b) If a charter or online school allows one student to participate in a co-curricular activity at a qualifying school, the charter or online school shall allow all interested students to participate.

(c) A charter or online school student's school of enrollment shall pay a school participation fee of $75.00 per student to the qualifying school at which the charter or online school student desires to participate.

[B.](3) A charter [and]or online school student participating under this rule shall meet all eligibility requirements and timelines of the [boundary]public school.

 

R277-494-5. Private or Home School Student Participation in Extracurricular Activities.

(1) In accordance with Section 53A-11-102.6, a private or home school student may participate in an extracurricular activity at a qualifying school if:

(a) for a private school student, the extracurricular activity is not offered by the student's private school;

(b) the student satisfies the requirements of:

(i) Section 53A-11-102.6; and

(ii) this rule; and

(c) the student meets the qualifying school's standards and requirements.

(2) Except as provided in Subsection (3), a private or home school student shall pay a student participation fee or required activity fee to the qualifying school:

(a) before the student may participate in the extracurricular activity at the qualifying school; and

(b) in accordance with deadlines set by the qualifying school.

(3) If a private or home school student qualifies for a fee waiver in accordance with Rule R277-407, the qualifying school shall waive the student participation fee or required activity fee in accordance with the requirements of Rule R277-407, School Fees.

 

R277-494-6. Private or Home School Student Participation in Co-curricular Activities.

A private or home school student may participate in a co-curricular activity at a public school in accordance with the dual enrollment provisions of rule R277-438.

 

KEY: extracurricular, co-curricular, activities, student participation

Date of Enactment or Last Substantive Amendment: [December 9, 2013]2015

Notice of Continuation: October 15, 2015

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-1-401(3); 53A-1a-519(6)(a); 53A-2-214(6)