DAR File No. 40212

This rule was published in the March 1, 2016, issue (Vol. 2016, No. 5) of the Utah State Bulletin.

Education, Administration

Rule R277-716

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.

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 local governments.

small businesses:

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:

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.

R277-716. Alternative Language Services for Utah Students.

R277-716-[2]1 . Authority and Purpose.

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

(a) Utah Constitution Article X, Section 3 , which vests general control and supervision of public education in the Board[, by];

(b) [No Child Left Behind ]Title III[Language Instruction for Limited English Proficient and Immigrant Students,]; and

(c) S ubsection 53A-1-401(3) , which allows the Board to adopt rules in accordance with its responsibilities.

[B.](2) The purpose[s] of this rule [are]is:

([1]a) to address the requirements of Title [VI]III and implementing regulations and case law;

([2]b) to clearly define the respective responsibilities of the [Board]Superintendent and [local boards of education]LEAs:

([a]i) in identifying ELL/LEP students who are currently enrolled in Utah schools; and

([b]ii) in providing consistent and appropriate services to identified students; and

([3]c) in order to :

(i) meet [NCLB]Title III requirements[,];

(ii) [to ]meet [NCLB ]funding eligibility requirements ; and

(iii) [to ]appropriately distribute ELL/LEP funds to [school districts/charter schools]LEAs with adequate policies.


R277-716-[1]2 . Definitions.

[A.](1) "Alternative language services program" or "ALS program" means a research-based language acquisition instructional service model used to achieve English proficiency and academic progress of identified students.

[B.](2) "Alternative language services " or [(]"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 instruction program.

[C.](3) "Annual measurable achievement objectives " or [(]"AMAOs[)]" means English Language Proficiency Performance Targets established by the [USOE]Superintendent 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]20 U.S.C. 6842.

[D.](4) "Approved language acquisition instructional services model" means methods of ALS instruction that are evidence-based and recommended by the U.S. Department of Education and the [USOE]Superintendent.

[E. "Board" means the Utah State Board of Education.]

[F.](5) "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]Superintendent.

[G.](6) "English Language Learner/Limited English Proficient " or "[(]ELL/LEP[)]" means an individual:

([1]a) who has sufficient difficulty speaking, reading , [and] writing , or understanding the English language , and whose difficulties may deny [such]the individual the opportunity to :

(i) learn successfully in classrooms where the language of instruction is English ; or

(ii) [which may deny the individual the opportunity to ]participate fully in society;[or]

([2]b) 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]c) 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.](7) "Immigrant children and youth" for purposes of this rule means individuals who:

([1]a) are ages 3 through 21;

([2]b) were born outside of the United States; and

([3]c) have not been attending one or more schools in any one or more states of the United States for more than [3]three full academic years.

[J.](8) "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]Title 53A, Chapter 14, State Instructional Materials Commission.

[K.](9) "Language acquisition instructional program" means an instructional program for students for the 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.](10) "State Approved Endorsement Program " or [(]"SAEP[)]" means a professional development plan on which a licensed Utah educator is working to obtain an endorsement.

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

(11) "Title III" means federal provisions for providing language instruction to ELL/LEP students under 20 U.S.C. 6801, et seq.


R277-716-3. [ State Board of Education ] Superintendent Responsibilities.

[A.](1) The [Board]Superintendent shall make available an identification and placement procedure model to [local school boards]LEAs to provide language acquisition services for [LEP/]ELL /LEP students.

[B.](2) The [Board]Superintendent shall develop and require all [school districts/charter schools]LEAs to use the statewide annual assessment based on the AMAOs for English language acquisition to measure growth and progress in:

(a) listening[,];

(b) speaking[,];

(c) reading[, and];

(d) writing; and

(e) comprehension[based on the Title III AMAOs for English language acquisition].

(3) [For the 2005-2006 school year, t]The 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 year.

(4) [School districts]An LEA may determine restricted testing dates within the school year.

[C.](5) The [Board]Superintendent shall apply a formula and distribute funds to [local boards]LEAs for identification and services to ELL/LEP students and their families.

([1]a) The formula shall provide an amount based upon eligible students and available funds, to be distributed to all eligible [school districts/charter schools]LEAs and consortia consistent with Title III requirements.

([2]b) The formula shall provide for an additional amount to qualifying [school districts/charter schools]LEAs based on numbers of immigrant children and youth.

[D.](6) The [Board]Superintendent shall make[available to school districts/charter schools] models and accountability measures in providing ALS services to students[. School districts/charter schools] available to LEAs.

(7) An LEA shall use [Board]Superintendent-identified models or models based upon educational research.

[E.](8) [The Board shall require school districts/charter schools]An LEA that receives [NCLB]Title III funds under this rule [to]shall provide the following to the Superintendent:

([1]a) [provide ]a budget as part of the Consolidated Utah Student Achievement Plan data on student achievement;

([2]b) [provide ]the number of students served with Title III funds;

([3]c) [provide ]assurances and documentation maintained of services or a program used to serve students[; school districts/charter schools shall maintain documentation of services or program];

([4]d) [provide ]assurances and documentation maintained of required parent notification[; school districts/charter schools shall maintain documentation of parent notification]; and

([5]e) [provide in ]a biennial report[a] summar[y]izing [of] the [school district's/charter school's]LEA's progress [under]in Subsection [R277-716-3G](1 0) [over a two year period] in addition to the annual Consolidated Utah Student Achievement Plan information.

[F.](9) The [Board]Superintendent shall provide timelines to [school districts]LEAs for meeting Title III requirements.

[G.](10) The [Board]Superintendent shall assist and provide training to [school districts/charter schools]LEAs in development of ALS and Title III services to students who do not meet prescribed English proficiency AMAOs.

[H.](11) [Monitoring: the USOE shall remind school districts/charter schools annually in November that school districts/charter schools]An LEA shall maintain:

([1]a) an ALS budget plan;

([2]b) a plan for delivering student instruction;

([3]c) ALS assessments to date;

([4]d) a sample of parent notification required under Subsection R277-716-4[F](7); and

([5]e) documentation or evidence of progress of required Title III AMAOs.

[I.](12) [USOE staff]The Superintendent shall [make]conduct on-site [visits to]audits of all funded ALS programs [within every five year period beginning with 2006]at least once every five years.

[J.](13) [USOE staff]The Superintendent shall provide technical assistance during on-site [visits]audits and as the [USOE]Superintendent deems necessary.


R277-716-4. [Local Board of Education]LEA Responsibilities.

[A.](1) A n [local board of education]LEA that receives funds under Title III[of NCLB] shall assure as part of the Consolidated Utah Student Achievement Plan that the [local board]LEA has a written plan that:

([1]a) 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]b) uses a valid and reliable assessment of an ELL/LEP student's English proficiency in :

(i) listening[,];

(ii) speaking[,];

(iii) reading[,];

(iv) writing[,]; and

(v) comprehension[of English of identified ELL/LEP students];

([3]c) provides language acquisition instructional services based on [the]Board-approved Utah English Language Proficiency Standards[approved by the Board on September 1, 2005];

([4]d) establishes student exit criteria from ALS programs or services; and

([5]e) includes the ELL/LEP student count, by classification, prior to July 1 of each year.

[B.](2) Following [funding, a school district/charter school]receipt of Title III funds, an LEA shall:

([1]a) determine what type of Title III ALS services are available and appropriate for each student identified in need of ALS services[. Examples include], including:

(i) dual immersion[,];

(ii) ESL content-based[, or]; and

(iii) sheltered instruction;

([2]b) implement an approved language acquisition instructional program designed to achieve English proficiency and academic progress of an identified student[s];

([3]c) ensure that all identified ELL/LEP students receive English language [development]instructional services, consistent with [R277-716-4A(3)]Subsection (1)(c);

([4]d) provide adequate staff development to assist an ELL/LEP teacher[s] and staff in meeting AMAOs; and

([5]e) provide necessary staff[,] with:

(i) curricular materials approved by the Instructional Materials Commission consistent with Rule R277-469[,]; and

(ii) facilities for adequate and effective training[;].

[C.](3) If [school districts/charter schools do]an LEA does not meet AMAOs, the[y] LEA shall develop and implement improvement plans to satisfy AMAOs.

[D.](4) Following evaluation of student achievement and services, an [school district/charter school]LEA shall:

([1]a) analyze results and determine the program 's['] success or failure; and

([2]b) modify a program or services that are not effective in meeting the state AMAOs.

[E.](5) A n [school district/charter school]LEA shall have a policy to identify and serve students who qualify for services under IDEA, including:

([1]a) implementing procedures and training , consistent with federal regulations and state special education rules , that ensure ELL/LEP students are not misidentified as students with disabilities due to their inability to speak and understand English;

([2]b) reviewing the assessment results of a student 's['] language proficiency in English and other language prior to initiating evaluation activities, including selecting additional assessment tools;

([3]c) conducting assessments for IDEA eligibility determination and educational programming in a student 's['] native language when appropriate;

([4]d) using nonverbal assessment tools when appropriate;

([5]e) ensuring that accurate information regarding a student 's['] language proficiency in English and another language[(s)] is considered in evaluating assessment results;

([6]f) considering results from assessments administered both in English and in [the]a student 's[' home] native language;[and]

([7]g) ensuring that all required written notices and communications with a parent[s] who [are]is not proficient in English [are]is provided in the parent 's['] preferred language to the extent practicable, including utilizing interpretation services when appropriate; and

([8]h) coordinating the language acquisition instructional services and special education and related services to ensure that the IEP is implemented as written.

[F.](6) A n [school district/charter school]LEA shall[also] provide information and training to staff that:

(a) limited English proficiency is not a disability; and

(b) if there is evidence that a student[s] with limited English proficiency ha[ve]s a disabilit[ies]y, [they shall be referred]the staff shall refer the student for possible evaluation for eligibility under IDEA.

[G.](7)(a) [Parent involvement and notification:

(1) Each school district/charter school]An LEA shall notify a parent[s] who [are]is not proficient in English of [school district/charter school]the LEA's required activities.

(b)A [S]school[s] shall provide information about required and optional school activities in [the]a parent 's['] preferred language to the extent practicable.

([2]c) [School districts/charter schools]An LEA shall provide interpretation and translation services for a parent[s] at :

(i) registration[,];

(ii) an IEP meeting[s,];

(iii) an SEOP meeting[s,];

(iv) a parent-teacher conference[s]; and

(v) a student disciplinary meeting[s].

([3]d) [School districts/charter schools]An LEA shall provide annual notice to a parent[s] of a student[s] placed in a language acquisition instructional program[s] at the beginning of the school year or no later than 30 days after identification.

(e) If a [child]student has been identified as requiring ALS services after the school year has started, [parent notification shall take place]the LEA shall notify the student's parent within 14 days of the student's identification and placement.

(8) [The]A required notice described in Subsection (7) shall include:

(a) the student's[level of] English proficiency level[,];

(b) how [such]the student's English proficiency level was assessed[, and];

(c) the status of the student's academic achievement;

([b]d) the methods of instruction proposed to increase language acquisition, including using both the student's native language and English if necessary;

([c]e) [specifically,]specifics regarding how the methods of instruction will help the child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation; and

([d]f) the specific exit requirements for the program including:

(i) the student's expected rate of transition from the program into a classroom[s] that [are]is not tailored for an LEP student[s]; and

(ii) the student's expected high school graduation [from secondary school(s)]date if funds appropriated consistent with this rule are used for a secondary school student[s].

([4]9) (a) [School districts/charter schools]An LEA shall provide notice to a parent[(s)] of an ELL/LEP student[s in addition to other required parent notification] if the [school district/school]LEA fails to meet AMAOs.

(b) [Notice shall be provided]An LEA shall provide a parent the notice described in Subsection (9)(a) within 30 days of the [school district's/charter school's]LEA's receipt of the annual State Title III Accountability Report from the [USOE]Superintendent.


R277-716-5. Teacher Qualifications.

[A.](1)A Utah educator[s] who [are]is assigned to provide instruction in a language acquisition instructional program[s] shall comply with the State ESL Endorsement requirements provided in Rule R277-520.

[B.](2) A[Teachers]Utah educator whose primary assignment is to provide English language instruction to an ELL /LEP student[s] shall have an ESL or ESL[/] or Bilingual endorsement consistent with the educator's assignment.


R277-716-6. Miscellaneous Provisions.

[A.](1)(a) [School districts/charter schools]An LEA that generate s less than $10,000 from the[ir]LEA's ELL/LEP student count, [are encouraged to]may form a consortium with other similar [school districts/charter schools]LEAs.

([1]b) [The]A consortium described in Subsection (1)(a) shall designate a fiscal agent and shall submit all budget and reporting information from all of the member [school districts/charter schools]LEAs of the consortium.

([2]c) Each member of [the]a consortium shall submit plans and materials to the fiscal agent of the consortium for final reporting submission to the [USOE]Superintendent.

([3]d) [The consortium]A fiscal agent of a consortium described in Subsection (1)(a) shall assume[s] all responsibility of a n [local board]LEA under Section R277-716-4.

[B.](2) No [school district, charter school]LEA 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]2016

Notice of Continuation: February 16, 2016

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


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/2016/b20160301.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.