DAR File No. 40212
This rule was published in the March 1, 2016, issue (Vol. 2016, No. 5) of the Utah State Bulletin.
Alternative Language Services for Utah Students
Notice of Proposed Rule
DAR File No.: 40212
Filed: 02/16/2016 02:49:46 PM
Purpose of the rule or reason for the change:
Rule R277-716 is amended to provide technical and conforming changes in compliance with the "Utah Administrative Rulewriting Manual".
Summary of the rule or change:
The amendments to Rule R277-716 provide technical and conforming changes throughout the rule.
State statutory or constitutional authorization for this rule:
- Article X, Section 3
- Subsection 53A-1-401(3)
Anticipated cost or savings to:
the state budget:
The amendments to Rule R277-716 provide technical and conforming changes throughout the rule which likely will not results in a cost or savings to the state budget.
The amendments to Rule R277-716 provide technical and conforming changes throughout the rule which likely will not results in a cost or savings to local governments.
The amendments to Rule R277-716 provide technical and conforming changes throughout the rule which likely will not results in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
The amendments to Rule R277-716 provide technical and conforming changes throughout the rule which likely will not results in a cost or savings persons other than other persons.
Compliance costs for affected persons:
The amendments to Rule R277-716 provide technical and conforming changes throughout the rule which likely will not results in any compliance costs for affected persons.
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 the rule.
Sydnee Dickson, Interim 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.
R277-716. Alternative Language Services for Utah Students.
. Authority and Purpose.
A.] This rule is authorized [ under]
Utah Constitution Article X, Section 3
which vests general control and supervision of public
education in the Board[
No Child Left Behind ]Title III[ Language Instruction for Limited English Proficient and
Immigrant Students,] and
S ection 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.
B.] The purpose[ s] of this rule [ are]:
1]) to address the requirements of Title [ VI] and implementing regulations and case law;
2]) to clearly define the respective responsibilities of the
[ Board] and [ local boards of education]:
a]) in identifying ELL/LEP students who are currently
enrolled in Utah schools;
b]) in providing consistent and appropriate services to
identified students; and
3]) in order to
NCLB] requirements[ ,]
to ]meet [ NCLB ]funding eligibility requirements
to ]appropriately distribute ELL/LEP funds to [ school districts/charter schools] with adequate policies.
A.] "Alternative language
means a research-based language
acquisition instructional service model used to achieve English
proficiency and academic progress of identified students.
B.] "Alternative language services
[ (]ALS[ )]" means language services designed to meet
the education needs of all language minority students so that
students are able to participate effectively in the regular
C.] "Annual measurable achievement objectives
[ (]AMAOs[ )]" means English Language Proficiency
Performance Targets established by the [ USOE] consistent with [ NCLB ]Title III requirements for public school
students who are receiving language acquisition services in the
state of Utah as required by [ Title III, Section 3122].
D.] "Approved language acquisition instructional
model" means methods of ALS instruction that
are evidence-based and recommended by the U.S. Department of
Education and the [ USOE].
E. "Board" means the Utah State Board of
F.] "Consolidated Utah Student Achievement Plan"
means the application for federal funds authorized under ESEA, and
other federal sources submitted annually to the [ Utah State Office of Education].
G.] "English Language Learner/Limited English
[ (]ELL/LEP[ )]" means an individual:
1]) who has sufficient difficulty speaking, reading
[ and] writing
or understanding the English language
and whose difficulties may deny [ such] individual the opportunity to
learn successfully in classrooms where the language of instruction is English or
which may deny the individual the opportunity to
]participate fully in society;[ or]
2]) who was not born in the United States or whose native
language is a language other than English and who comes from an
environment where a language other than English is dominant; or
3]) who is an American Indian or Alaskan native or who is a
native resident of the outlying areas and comes from an environment
where a language other than English has had a significant impact on
such individual's level of English language proficiency.
H. "IEP" means Individualized Education Program
for eligible students with disabilities under the Individuals with
Disabilities Education Act of 2004. I.] "Immigrant children and youth" for purposes of
this rule means individuals who:
1]) are ages 3 through 21;
2]) were born outside of the United States; and
3]) have not been attending one or more schools in any one or
more states of the United States for more than [ 3] full academic years.
J.] "Instructional Materials Commission" means a
Commission appointed by the Board to evaluate instructional
materials for recommendation by the Board consistent with [ Section 53A-14-101].
K.] "Language acquisition instructional program"
means an instructional program for students for
purpose of developing and attaining English proficiency,
while meeting state academic content and achievement standards.
L. "Mountain West Consortium" means a committee
consisting of 10 Western state education agencies formed to develop
a multi-state English proficiency test.]
M.] "State Approved Endorsement Program
[ (]SAEP[ )]" means a professional development plan on
which a licensed Utah educator is working to obtain an
N. "USOE" means the Utah State Office of
State Board of Education
A.] The [ Board] shall make available an identification and
placement procedure model to [ local school boards] to provide language acquisition services for [ LEP/]ELL
B.] The [ Board] shall develop and require all [ school districts/charter schools] to use the statewide annual assessment
measure growth and progress in
based on the Title III AMAOs for English language
For the 2005-2006 school year, t]he Utah Academic Language Proficiency Assessment (UALPA)
shall be administered[ between January 1 and May 1, 2006. Each year thereafter,
the testing window shall be open] throughout the school
School districts] may determine restricted testing dates within the
C.] The [ Board] shall apply a formula and distribute funds to
[ local boards] for identification and services to ELL/LEP students and
1]) The formula shall provide an amount based upon eligible
students and available funds, to be distributed to all eligible [ school districts/charter schools] and consortia consistent with Title III
2]) The formula shall provide for an additional amount to
qualifying [ school districts/charter schools] based on numbers of immigrant children and youth.
D.] The [ Board] shall make[ available to school districts/charter schools]
models and accountability measures in providing ALS services to
students[ . School districts/charter schools]
shall use [
Board]-identified models or models based upon
E.] [ The Board shall require school districts/charter
schools] that receive [ NCLB] funds under this rule [ to]:
1]) [ provide ]a budget as part of the Consolidated Utah
Student Achievement Plan data on student achievement;
2]) [ provide ]the number of students served with Title
3]) [ provide ]assurances
of services or a program used
to serve students[ ; school districts/charter schools shall maintain
documentation of services or program];
4]) [ provide ]assurances
of required parent
notification[ ; school districts/charter schools shall maintain
documentation of parent notification];
5]) [ provide in ]a biennial report[ a] summar[ y] [ of] the [ school district's/charter school's] progress [ under] [ R277-716-3G](1
) [ over a two year period] in addition to the annual
Consolidated Utah Student Achievement Plan information.
F.] The [ Board] shall provide timelines to [ school districts] for meeting Title III requirements.
G.] The [ Board] shall assist and provide training to [ school districts/charter schools] in development of ALS and Title III services to
students who do not meet prescribed English proficiency AMAOs.
H.] [ Monitoring: the USOE shall remind school districts/charter
schools annually in November that school districts/charter
schools] shall maintain:
1]) an ALS budget plan;
2]) a plan for delivering student instruction;
3]) ALS assessments to date;
4]) a sample of parent notification required under
R277-716-4[ F]; and
5]) documentation or evidence of progress of required Title
I.] [ USOE staff] shall [ make] on-site [ visits to] all funded ALS programs [ within every five year period beginning with 2006].
J.] [ USOE staff] shall provide technical assistance during
on-site [ visits] and as the [ USOE] deems necessary.
Local Board of Education]
[ local board of education] that receives funds under Title III[ of NCLB] shall assure as part of the Consolidated
Utah Student Achievement Plan that the [ local board] has a written plan that:
1]) includes an ELL/LEP student find process, including a
home language survey and a language proficiency for program
placement, that is implemented with student registration;
2]) uses a valid and reliable assessment of
of English of identified ELL/LEP students];
3]) provides language acquisition instructional services
based on [ the] Utah English Language Proficiency Standards[ approved by the Board on September 1, 2005];
4]) establishes student exit criteria from ALS programs or
5]) includes the ELL/LEP student count, by classification,
prior to July 1 of each year.
B.] Following [ funding, a school district/charter school] shall:
1]) determine what type of Title III ALS services are
available and appropriate for each student identified in need of
ALS services[ . Examples include]
2]) implement an approved language acquisition instructional
program designed to achieve English proficiency and academic
identified student[ s];
3]) ensure that all identified ELL/LEP students receive
English language [ development] services, consistent with [ R277-716-4A(3)];
4]) provide adequate staff development to assist
ELL/LEP teacher[ s] and staff in meeting AMAOs;
5]) provide necessary staff[ ,]
curricular materials approved by the Instructional
Materials Commission consistent with
facilities for adequate and effective training[
C.] If [ school districts/charter schools do] not meet AMAOs, the[ y]
shall develop and implement improvement plans to satisfy
D.] Following evaluation of student achievement and
services, a [ school district/charter school] shall:
1]) analyze results and determine the program
s[ '] success or failure; and
2]) modify a program or services that are not effective in
meeting the state AMAOs.
[ school district/charter school] shall have a policy to identify and serve students who
qualify for services under IDEA, including:
1]) implementing procedures and training
consistent with federal regulations and state special
that ensure ELL/LEP students are not misidentified as
students with disabilities due to their inability to speak and
2]) reviewing the assessment results of
s[ '] language proficiency in English and other
language prior to initiating evaluation activities, including
selecting additional assessment tools;
3]) conducting assessments for IDEA eligibility determination
and educational programming in
s[ '] native language when appropriate;
4]) using nonverbal assessment tools when appropriate;
5]) ensuring that accurate information regarding
s[ '] language proficiency in English and
other language[ (s)] is considered in evaluating assessment
6]) considering results from assessments administered both in
English and in [ the] student
s[ ' home]
7]) ensuring that all required written notices and
parent[ s] who [ are] not proficient in English [ are] provided in the parent
s[ '] preferred language to the extent
practicable, including utilizing interpretation services when
8]) coordinating the language acquisition
services and special education and related
services to ensure that the IEP is implemented as written.
[ school district/charter school] shall[ also] provide information and training to staff
limited English proficiency is not a disability;
if there is evidence that
s] with limited English proficiency ha[ ve] disabilit[ ies], [ they shall be referred] for possible evaluation
for eligibility under IDEA.
G.] [ Parent involvement and notification: (1) Each school district/charter school] shall notify
parent[ s] who [ are] not proficient in English of [ school district/charter school] required activities.
S]chool[ s] shall provide information about
optional school activities in [ the] parent
s[ '] preferred language to the extent
2]) [ School districts/charter schools] shall provide interpretation and translation services
parent[ s] at
student disciplinary meeting[
3]) [ School districts/charter schools] shall provide annual notice to
parent[ s] of
student[ s] placed in
program[ s] at the beginning of the school year or no later
than 30 days after identification.
If a [
child] has been identified as requiring ALS services after
the school year has started, [ parent notification shall take place] within 14 days
of the student's identification and placement.
The] required notice
(a) the student's[
level of] English proficiency
such] level was assessed[ , and]
the status of the student's academic achievement;
b]) the methods of instruction proposed to increase language
acquisition, including using both the student's native language
and English if necessary;
c]) [ specifically,] how the methods of instruction will help
the child learn English and meet age-appropriate academic
achievement standards for grade promotion and graduation;
d]) the specific exit requirements for the program
expected rate of transition from the program
s] that [ are] not tailored for
LEP student[ s] and
from secondary school(s)] if funds appropriated consistent with this rule are
secondary school student[ s].
[ School districts/charter schools] shall provide notice to
parent[ (s)] of
ELL/LEP student[ s in addition to other required parent
notification] if the [ school district/school] fails to meet AMAOs.
Notice shall be provided] within 30 days of the [ school district's/charter school's] receipt of the annual State Title III
Accountability Report from the [ USOE].
R277-716-5. Teacher Qualifications.
A.] Utah educator[ s] who [ are] assigned to provide instruction in
program[ s] shall comply with the State ESL Endorsement
requirements provided in
B.][ Teachers] whose primary assignment is to provide English
language instruction to
student[ s] shall have an ESL or ESL[ /]
Bilingual endorsement consistent with the
R277-716-6. Miscellaneous Provisions.
A.] [ School districts/charter schools] that generate
less than $10,000 from the[ ir] ELL/LEP student count, [ are encouraged to] form a consortium with other similar [ school districts/charter schools].
1]) [ The] consortium
shall designate a fiscal
agent and shall submit all budget and reporting information from
all of the member [ school districts/charter schools] of the consortium.
2]) Each member of [ the] consortium shall submit plans and materials to the fiscal
agent of the consortium for final reporting submission to the [ USOE].
3]) [ The consortium] fiscal agent
assume[ s] all responsibility of a
[ local board] under
B.] No [ school district, charter school] or consortium may withhold more than two percent of[ NCLB] Title III funding for administrative costs
in serving ELL/LEP students.
KEY: alternative language services
Date of Enactment or Last Substantive Amendment: [
April 3, 2006]
Notice of Continuation: February 16, 2016
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3)
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.