DAR File No. 40287
This rule was published in the April 15, 2016, issue (Vol. 2016, No. 8) of the Utah State Bulletin.
Education, Administration
Rule R277-419
Pupil Accounting
Notice of Proposed Rule
(Amendment)
DAR File No.: 40287
Filed: 03/30/2016 02:08:42 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
Rule R277-419 is amended to provide school districts and charter schools (LEAs) with additional accounting procedures on how an LEA counts a student's membership and enrollment in the LEA for purposes of receiving state funding.
Summary of the rule or change:
The amendments provide additional and updated accounting procedures for apportioning and distributing state funds for education and provide technical and conforming changes.
State statutory or constitutional authorization for this rule:
- Subsection 53A-1-402(1)(e)
- Article X, Section 3
- Section 53A-1-401
- Subsection 53A-1-301(3)(d)
- Subsection 53A-1-404(2)
- Section 53A-3-404
Anticipated cost or savings to:
the state budget:
The amendments to Rule R277-419 provide additional accounting procedures and technical and conforming changes, which likely will not result in a cost or savings to the state budget.
local governments:
The amendments to Rule R277-419 provide additional accounting procedures and technical and conforming changes, which likely will not result in a cost or savings to the local government.
small businesses:
The amendments to Rule R277-419 provide additional accounting procedures and technical and conforming changes, 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 R277-419 provide additional accounting procedures and technical and conforming changes, 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:
The amendments to Rule R277-419 provide additional accounting procedures and technical and conforming changes, which likely will not result 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 in Subsection 53A-1-401(3), Subsection 53A-1-402(1)(e), Subsection 53A-1-404(2), Subsection 53A-1-301(3)(d), and Section 53A-3-404.
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:
EducationAdministration
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:
05/16/2016
This rule may become effective on:
05/23/2016
Authorized by:
Angela Stallings, Associate Superintendent, Policy and Communication
RULE TEXT
R277. Education, Administration.
R277-419. Pupil Accounting.
R277-419-[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 over public
education in the [State ]Board[of Education,];
(b) [by ]Section 53A-1-401[(3)], which allows the Board to make rules in accordance with
its responsibilities[,];
(c) S ubsection 53A-1-402(1)(e) , which directs the Board to establish rules and standards regarding:
(i) cost-effectiveness[,];
(ii) school budget formats; and
(iii) financial, statistical, and student accounting
requirements[, and];
(d) Subsection 53A-1-404(2), which directs that local school board auditing standards
shall include financial accounting and student accounting[. This rule is further authorized by];
(e) Subsection 53A-1-301(3)(d)
, which directs the Superintendent to present to the
Governor and the Legislature data on the funds allocated to LEAs[,]; and
(f) Section 53A-3-404 , which requires annual financial reports from all school districts.
[B.](2) The purpose of this rule is to specify pupil accounting
procedures used in apportioning and distributing state funds for
education.
R277-419-[1]2
. Definitions.
[A.](1) "Aggregate Membership" means the sum of all
days in membership during a school year for eligible students
enrolled in a public school.
[B.](2) "Approved CTE course" means a course approved
by the Board within the Career and Technical Education (CTE)
Pathways in the eight areas of study.
[C.](3) "Blended learning program" means a program
under the direction of an LEA:
([1]a) where a student learns at least in part:
([a]i) at a supervised brick and motar location away from
a student's home; and
([b]ii) [at least in part ]through an online delivery;
and
([2]b) that may include some element of student control over
time, place, or path, or pace.
[D. "Board" means the Utah State Board of
Education.]
[E.](4) "Brick and mortar school" means a traditional
school or traditional school building.
[F.](5) "Competency based learning program" means an
education program that requires a student to acquire a competency
and includes a classroom structure and operation that aid and
facilitate the acquisition of specified competencies on an
individual basis wherein a student is allowed to master and
demonstrate competencies as fast as the student is able.
[H.](6) "Continuing enrollment measurement" means a
methodology used to establish a student's continuing membership
or enrollment status for purposes of generating membership
days.
[I.](7) "Data Clearinghouse" means the electronic data
collection system used by the USOE to collect information required
by law from LEAs about individual students at certain points
throughout the school year to support the allocation of funds and
accountability reporting.
[J.](8) "Distance learning program" means a program,
under the direction of an LEA, in which students receive
educational services in a location other than a brick and mortar
school, and may include educational services delivered over the
internet.
(9) "Early graduation student" means a student who has an early graduation student education plan as described in Rule R277-703.
[K.](10) "Electronic [h]High [s]School" means a rigorous program offering 9-12 grade
level courses delivered over the Internet and coordinated by the
USOE.
[L.](11) "Eligible student" means a student who
satisfies the criteria for enrollment in an LEA, set forth in
Subsection R277-419-5.
[M.](12) "Enrollment verification data" includes:
([1]a) a student's birth certificate or other verification
of age;
([2]b) verification of immunization or exemption from
immunization form;
([3]c) proof of Utah public school residency;
([4]d) family income verification; or
([5]e) special education program information, including[information for]:
([a]i) an individualized education program;
([b]ii) a Section 504 accommodation plan; or
([c]iii) an English learner plan.
[N.](13) "Face-to-face learning program" means a
program within an LEA that consists of eligible, enrolled public
school students who physically attend school in a brick and mortar
school.
[O.](14) "Home school" means the formal instruction of
children in their homes instead of in an LEA. The differences
between a home school student and an online student include:
([1]a) an online student may receive instruction at home, but
the student is enrolled in a public school that follows state Core
Standards;
([2]b) an online student is:
([a]i) subject to laws and rules governing state and federal
mandated tests; and
([b]ii) included in accountability measures;
([3]c) an online student receives instruction under the
direction of highly qualified, licensed teachers who are subject to
the licensure requirements of
Rule R277-502 and fingerprint and background checks
consistent with
Rules R277-516 and R277-520;
([4]d) instruction delivered in a home school course is not
eligible to be claimed in membership of an LEA and does not qualify
for funding under the [m]Minimum [s]School [p]Program in Title 53A, Chapter 17a, Minimum School Program
Act.
[P.](15) "Home school course" means instruction:
([1]a) delivered in a home school environment where the
curriculum and instruction methods, evaluation of student progress
or mastery, and reporting, are provided or administered by the
parent, guardian, custodian, or other group of individuals; and
([2]b) not supervised or directed by an LEA.
[Q.](16) "Influenza pandemic
" or [(]"pandemic[)]" means a global outbreak of serious
illness in people. It may be caused by a strain of influenza that
most people have no natural immunity to and that is easily spread
from person to person.
[R.](17) "ISI-1" means a student who receives 1 to 59
minutes of YIC related services during a typical school day.
[S.](18) "ISI-2" means a student who receives 60 to
179 minutes of YIC related services during a typical school
day.
[T. "LEA" or "local education agency
"means a school district or charter school.]
[U.](19) "Membership" means a public school student is
on the current roll of a public school class or public school as of
a given date:
([1]a) A student is a member of a class or school from the
date of entrance at the school and is placed on the current roll
until official removal from the class or school due to the student
having left the school.
([2]b) Removal from the roll does not mean that an LEA should
delete the student's record, only that the student should no
longer be counted in membership.
[V.](20) "Minimum School Program[(MSP)]" means the same as that term is
defined in Section 53A-17a-103.
[W.](21) "Nontraditional Program" means a program
within an LEA that consists of eligible, enrolled public school
students where the student receives instruction through a:
([1]a) distance learning program;
([2]b) online learning program;
([3]c) blended learning program; or
([4]d) competency based learning program.
[X.](22) "Online learning program" means a
program:
([1]a) that is under the direction of an LEA; and
([2]b) in which students receive educational services primarily
over the internet.
[Y.](23) "Private school" means an educational
institution that:
([1]a) is not an LEA;
([2]b) is owned or operated by a private person, firm,
association, organization, or corporation; and
([3]c) is not subject to governance by the Board consistent with
the Utah Constitution.
[Z.](24) "Program" means a [program]course of instruction within a school that is designed to
accomplish a predetermined curricular objective or set of
objectives.
[AA.](25) "Resource" means a student who receives 1 to
179 minutes of special education services during a typical school
day consistent with the student's IEP provided for under the
Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Sec.
1400 et seq., amended in 2004.
[G.](26) "[Compulsory]Qualifying school age" means:
([1]a) a person who is at least five years old and no more than
17 years old on or before September 1;
([2]b) with respect to special education, a person who is at
least three years old and no more than 21 years old on or before
September 1;
(3) with respect to YIC, a person who is at least five years old and no more than 21 years old on or before September 1.
[BB.](27) "Retained senior" means a student beyond the
general compulsory [education]school age who is authorized at the discretion of an LEA to
remain in enrollment as a high school senior in the year(s) after
the
student's cohort has graduated due to:
([1]a) sickness;
([2]b) hospitalization;
([3]c) pending court investigation or action; or
([4]d) other extenuating circumstances beyond the control of the
student.
[CC.](28) "S1" means the record maintained by the USOE
containing individual student demographic and school membership
data in a Data Clearinghouse file.
[DD.](29) "S2" means the record maintained by the USOE
containing individual student data related to participation in a
special education program in a Data Clearinghouse file.
[EE.](30) "S3" means the record maintained by the USOE
containing individual student data related to participation in a
YIC program in a Data Clearinghouse file.
[FF.](31) "School" means an educational entity governed
by an LEA that:
([1]a) is supported with public funds;
([2]b) includes enrolled or prospectively enrolled full-time
students;
([3]c) employs licensed educators as instructors that provide
instruction consistent with
Rule R277-502-5;
([4]d) has one or more assigned administrators;
([5]e) is accredited consistent with
Rule R277-410-3
; and
([6]f) administers required statewide assessments to the
school's students.
[GG.](32) "School day" means:
([1]a) a minimum of two hours per day per session in
kindergarten and a minimum of four hours per day in grades one
through twelve, subject to the following constraints described in [R277-419-1FF(2)]Subsection (32)(b).
([2]b)([a]i) All school day calculations shall exclude lunch periods
and pass time between classes but may include recess periods that
include organization or instruction from school staff.
([b]ii) Each day that satisfies hourly instruction time shall
count as a school day, regardless of the number or length of class
periods or whether or not particular classes meet.
[HH.](33) "School membership" means membership other
than in a special education or YIC program in the context of the
Data Clearinghouse.
[II.](34) "School of enrollment" means[the school]:
([1]a) [where a student takes a majority of the student's
classes]a student's school of record; and
([2]b) [designated to receive the student's weighted pupil
unit]the school that maintains the student's cumulative file,
enrollment information, and transcript for purposes of high school
graduation.
[JJ.](35) "School year" means the 12 month period from
July 1 through June 30.
[KK.](36) "Self-contained" means a public school
student with an IEP or YIC, who receives 180 minutes or more of
special education or YIC related services during a typical school
day.
[LL.](37) "Self-Contained Resource Attendance Management
(SCRAM)" means a record that tracks the aggregate membership
of public school special education students for state funding
purposes.
[MM. "SEOP/Plan for College and Career Readiness"
means a student education occupation plan for College and Career
Readiness that is a developmentally organized intervention process
that includes:
(1) a written plan, updated annually, for a secondary
student's (grades 7-12) education and occupational
preparation;
(2) all Board, local school board and local charter
school governing board graduation requirements;
(3) evidence of parent or guardian, student, and school
representative involvement annually;
(4) attainment of approved workplace skill competencies,
including job placement when appropriate; and
(5) identification of post secondary goals and approved
sequence of courses.]
[NN.](38) "SSID" means Statewide Student
Identifier.
[OO. "Superintendent" means the State
Superintendent of Public Instruction or the Superintendent's
designee.]
[PP. "UCAT" means any public institution of higher
education affiliated with the Utah College of Applied
Technology.]
[QQ.](39) "Unexcused absence" means an absence charged
to a student when
:
(a) the student was not physically present at school at any
of the times attendance checks were made in accordance with S
ubsection R277-419-4[B]([3]8); and
(b) the student's absence could not be accounted for by evidence of a legitimate or valid excuse in accordance with local board policy on truancy as defined in Section 53A-11-101.
[RR. "USOE" means the Utah State Office of
Education.]
[SS.](40) "Year [E]end upload" means the Data Clearinghouse file due
annually by July 15 from LEAs to the USOE for the prior school
year.
[TT.](41) "Youth in Custody (YIC)" means a person under
the age of 21 who is:
([1]a) in the custody of the Department of Human Services;
([2]b) in the custody of an equivalent agency of a Native
American tribe recognized by the United States Bureau of Indian
Affairs and whose custodial parent or legal guardian resides within
the state; or
([3]c) being held in a juvenile detention facility.
R277-419-3. Schools and Programs.
[A. Schools]
(1)
(a) The Superintendent shall provide
a list to each school
detailing the [appropriate]required accountability reports and other state-mandated
reports for the school type and grade range.
([2]b) All schools shall submit a Clearinghouse report to the
Superintendent.
([3]c) All schools shall employ at least one licensed educator
and one administrator.
[B. Programs]
([1]2)
(a) A [S]student[s] who [are]is enrolled in a program [are]is considered
a member[s] of a public school.
([2]b) The Superintendent may not require programs to receive
separate accountability and other state-mandated reports.
([3]c)
A [S]student[s] reported under an LEA's program shall be
included in the LEA's WPU and student enrollment calculations
of the LEA's school of enrollment.
([4]d)
A [C]course[s] taught at
a program[s] shall be credited to the appropriate school of
enrollment.
[C. Private school or program]
([1]3)
A [P]private school[s] or program[s] may not be required to submit data to the
USOE.
([2]4)
A [P]private school[s] or program[s] may not receive annual accountability
reports.
R277-419-4. Minimum School Days, LEA Records, and Audits.
[A. Minimum standards for school days]
(1)(a) Except as provided in [R277-419-4]Subsection (1)(b), an LEA shall conduct school for at least
990 instructional hours and 180 school days each school year.
(b) an LEA may seek an exception to the
number of school days described in [R277-419-4A]Subsection (1)(a) for
an individual student[s and]
or school[s] as provided for in
Section R277-419-[8]11.
(2) An LEA may offer the required school
days and hours described in [R277-419-4A]Subsection (1)(a) at any time during the school year,
consistent with the law.
[(3) Health Department Emergency or Pandemic]
(3)(a) The Board may waive the school day and hour requirement, following a vote of Board members, pursuant to a directive from the Utah State Health Department or a local health department, that results in the closure of a school in the event of a pandemic or other public health emergency.
(b) In the event that the Board is unable to meet in a timely manner, the Superintendent may issue a waiver following consultation with a majority of Board members.
(c) [The]A waiver may be for a designated time period, for
a specific area[s], or for a specific LEA in the state, as
determined by the health department directive.
(d) [The]A waiver may allow an LEA to continue to receive state funds
for pupil services and reimbursements.
(e) [The]A waiver by the Board or Superintendent shall direct an LEA
to provide as much notice to students and parents of the suspension
of school services, as is reasonably possible.
(f) [The]A waiver shall direct an LEA to comply with health
department directives, but to continue to provide any services to
students that are not inconsistent with the directive.
(g) The Board may encourage an LEA to provide electronic or distance learning services to affected students for the period of the pandemic or other public health emergency to the extent of personnel and funds available.
(4) Minimum standards apply to all public schools in all settings unless Utah law or this rule provides for a specific exception.
(5) An LEA's governing board is encouraged to provide adequate school days and hours in the LEA's yearly calendar to avoid the necessity of a waiver request except in the most extreme circumstances.
[B. Official records]
([1]6) To determine student membership, an LEA shall ensure that
records of daily student attendance are maintained in each school
which clearly and accurately show for each student the:
(a) entry date;
(b) exit date;
(c) exit or high school completion status;
(d) whether or not an absence was excused;
(e) disability status (resource or self-contained, if applicable); and
(f) YIC status (ISI-1, ISI-2 or self-contained, if applicable).
([2]7) An LEA shall ensure that:
(a) computerized or manually produced records for CTE programs are kept by teacher, class, and Classification of Instructional Program (CIP) code; and
(b) the records described in [R277-419-4B]Subsection ([2]7)(a) clearly and accurately show for each student in a CTE
class the:
(i) entry date;
(ii) exit date; and
(iii) excused or unexcused status of absence.
([3]8) An LEA shall ensure that each school within the LEA
completes a minimum of one attendance check each school day.
[C.](9) Due to school activities requiring schedule and program
modification during the first days and last days of the school
year:
([1]a) for the first five school days, an LEA may report
aggregate days of membership equal to the number recorded for the
second five-day period of the school year;
([2]b) for the last five-day period, an LEA may report aggregate
days of membership equal to the number recorded for the immediately
preceding five-day period; and
([3]c) schools shall continue instructional activities
throughout required calendared instruction days.
[D. Audits]
(10) An LEA shall employ an independent auditor, under contract, to:
(a) annually audit student accounting records; and
(b) report the findings of the audit to:
(i) the LEA board; and
(ii) the Finance and Statistics Section of the USOE.
([2]11) Reporting dates, forms, and procedures are found in the
State of Utah Legal Compliance Audit Guide, provided to LEAs by the
Superintendent in cooperation with the State Auditor's Office
and published under the heading of APP C-5.
([3]12) The Superintendent:
(a) shall review each LEA's student membership and fall enrollment audits as they relate to the allocation of state funds in accordance with the policies and procedures established in Rule R277-484-7 and 8; and
(b) may periodically or for cause review LEA records and practices for compliance with the laws and this rule.
R277-419-5. Student Membership Eligibility and Continuing Enrollment Measurements.
[A. Eligibility]
(1) A student may enroll in two or more LEAs at the discretion of the LEAs.
(2) A kindergarten student may only enroll in one LEA at a time.
([1]3) In order to generate membership for funding through the
Minimum School Program for any clock hour of instruction on any
school day, an LEA shall ensure that a student being counted by the
LEA in membership:
(a) has not previously earned a basic high school diploma or certificate of completion;
(b) has not been enrolled in a YIC program with a YIC time code other than ISI-1 or ISI-2;
(c) does not have unexcused absences
, which [is]are determined using one of the continuing enrollment
measurements described in [R277-419-5A]Subsection ([2]4);
(d) is a resident of Utah as defined under Sections 53A-2-201 through 213;
(e) is of [compulsory]qualifying school age or is a retained senior;
(f)(i) is expected to attend a regular learning facility operated or recognized by an LEA on each regularly scheduled school day, if enrolled in a face-to-face learning program;
(ii) has direct instructional contact with a licensed educator provided by an LEA at:
(A) an LEA-sponsored center for tutorial assistance; or
(B) the student's place of residence or convalescence for at least 120 minutes each week during an expected period of absence, if physically excused from such a facility for an extended period of time, due to:
(I) injury[,];
(II) illness[,];
(III) surgery[,];
(IV) suspension[,];
(V) pregnancy[,];
(VI) pending court investigation or action; or
([II]VII) an LEA determination that home instruction is
necessary;
(iii) is enrolled in an approved CTE course(s) on the campus of another state funded institution where such a course is:
(A) not offered at the student's school of membership;
(B) being used to meet Board-approved CTE
graduation requirements under
Rule R277-700-6[C]([7]14); and
(C) a course consistent with the student's SEOP/Plan for College and Career Readiness; or
(iv) is enrolled in a nontraditional program under the direction of an LEA, other than the Utah Electronic High School, that:
(A) is consistent with the student's SEOP/Plan for College and Career Readiness;
(B) has been approved by the student's counselor; and
(C) includes regular instruction or facilitation by a designated employee of an LEA.
([2]4) An LEA shall use one of the following continuing
enrollment measures:
(a) For a student primarily enrolled in a face-to-face learning program, the LEA may not count a student as an eligible student if the eligible student has unexcused absences during all of the prior ten consecutive school days.
(b) For a student enrolled in a nontraditional program, an LEA shall:
(i) adopt a written policy that
designates a continuing enrollment measurement to document the
continuing membership or enrollment status for each student
enrolled in the nontraditional program consistent with [R277-419-5A]Subsection ([1]3)(c);
(ii) document each student's continued enrollment status in compliance with the continuing enrollment policy at least once every ten consecutive school days; and
(iii) appropriately adjust and update
student membership records in the student information system for
students that did not meet the continuing enrollment measurement,
consistent with [R277-419-5A]Subsection ([1]3)(c).
([3]5) The continuing enrollment measurement described in [R277-419-5A]Subsection ([2]4)(b) may include some or all of the following components,
in addition to other components, as determined by an LEA:
(a) a minimum student login or teacher contact requirement;
(b) required periodic contact with a licensed educator;
(c) a minimum hourly requirement, per day or week, when students are engaged in course work; or
(d) required timelines for a student to provide or demonstrate completed assignments, coursework or progress toward academic goals.
([4]6) For a student enrolled in both face-to-face and
nontraditional programs, an LEA shall measure a student's
continuing enrollment status using the methodology for the program
in which the student earns the majority of their membership
days.
[5](7)(a) An LEA desiring to generate membership for student
enrollment in courses outlined in [R277-419-5A]Subsection ([1]3)(f)(iii), or to seek a waiver from a requirement(s) in [R277-419-5A]Subsection ([1]3)(f)(iii), shall submit an application for course approval
by April 1 of the year prior to which the membership will be
counted.
(b) An LEA shall be notified within 30 days of the application deadline if courses have been approved.
R277-419-6. Student Membership Calculations.
(1)(a) Except as provided in Subsection (1)(b), a student is eligible for no more than 180 days of regular membership per school year.
(b) An early graduation student may be counted for more than 180 days of regular membership in accordance with the student's early graduation student education plan.
(c) A student transferring to or from a year-round school is eligible for no more than 205 days of regular membership per school year.
(d) A student transferring to or from an LEA with a schedule approved under R277-419-4(1)(b) is eligible for no more than 220 days of regular membership per school year.
(2) A student enrolled in two or more LEAs is eligible for no more than 180 days of regular membership per school year.
(3) If a student is enrolled in two or more LEAs, the Superintendent shall apportion the 180 days of regular membership between the LEAs.
[B. Reporting
(1) An LEA shall report aggregate membership for each
student via the School Membership field in the S1 record and
special education membership in the SCRAM Membership field in the
S2 record and YIC membership in the S3 record of the Year End
upload of the Data Clearinghouse file.
(2) In the Data Clearinghouse, aggregate membership is
calculated in days of membership.]
[C. Calculations]
([1]4) If a student was enrolled for only part of the school day
or only part of the school year, an LEA shall prorate the
student's membership according to the number of hours, periods
or credits for which the student actually was enrolled in relation
to the number of hours, periods or credits for which a full-time
student normally would have been enrolled. For example:
(a) If the student was enrolled for 4 periods each day in a 7 period school day for all 180 school days, the student's aggregate membership would be 4/7 of 180 days or 103 days.
(b) If the student was enrolled for 7 periods each day in a 7 period school day for 103 school days, the student's membership would also be 103 days.
([2]5) For students in grades 2 through 12, an LEA shall
calculate the days in membership using a method equivalent to the
following: total clock hours of instruction for which the student
was enrolled during the school year divided by 990 hours and then
multiplied by 180 days and finally rounded up to the nearest whole
day. For example, if a student was enrolled for only 900 hours
during the school year, the student's aggregate membership
would be (900/990)*180, and the LEA would report 164 days.
([3]6) For students in grade 1, an LEA shall adjust the first
term of the formula to use 810 hours as the denominator.
([4]7) For students in kindergarten, an LEA shall adjust the
first term of the formula to use 450 hours as the denominator.
[D. Constraints]
([1]8) The sum of regular plus self-contained special education
and self-contained YIC membership days may not exceed 180 days.
([2]9) The sum of regular and resource special education
membership days may not exceed 360 days.
([3]10) The sum of regular, ISI-1 and ISI-2 YIC membership days
may not exceed 360 days.
[E. Exceptions -](11) An LEA may also count a student in membership for the
equivalent in hours of up to:
([1]a) one period each school day, if the student has been:
([a]i) released by the school, upon a parent or guardian's
request, during the school day for religious instruction or
individual learning activity consistent with the student's
SEOP/Plan for College and Career Readiness; or
([b]ii) participating in one or more extracurricular activities
under
Rule R277-438, but has otherwise been exempted from school
attendance under
Section 53A-11-102 for home schooling;
([2]b) two periods each school day per student for time spent in
bus travel during the regular school day to and from another
state-funded institution, if the student is enrolled in CTE
instruction consistent with the student's SEOP/Plan for College
and Career Readiness;
([3]c) all periods each school day, if the student is enrolled
in:
([a]i) a concurrent enrollment program that satisfies all the
criteria of
Rule R277-713;
([b]ii) a private school without religious affiliation under a
contract initiated by an LEA to provide special education services
which directs that the instruction be paid by public funds if the
contract with the private school is approved by an LEA board in an
open meeting;
([c]iii) a foreign exchange student program under
Subsection 53A-2-206(8);
([d]iv) Electronic High School courses for credit which meet
curriculum requirements, consistent with the student's
SEOP/Plan for College and Career Readiness and following written
school counselor approval; or
([e]v) a school operated by an LEA under a Utah Schools for the
Deaf and the Blind IEP provided that:
([i]A) the student may only be counted in [(]S1[)] membership and may not have an S2 record;
and
([ii]B) the S2 record for the student is submitted by the Utah
Schools for the Deaf and the Blind.
R277-419-7. Calculations for a First Year Charter School.
(1) For the first operational year of a charter school or a new satellite campus, the Superintendent shall determine the charter school's WPU funding based on October 1 counts.
(2) For the second operational year of a charter school or a new satellite campus, the Superintendent shall determine the charter school's WPU funding based on Section 53A-17a-106.
R277-419-8. Reporting Requirements.
(1) An LEA shall report aggregate membership for each student via the School Membership field in the S1 record and special education membership in the SCRAM Membership field in the S2 record and YIC membership in the S3 record of the Year End upload of the Data Clearinghouse file.
(2) In the Data Clearinghouse, aggregate membership is calculated in days of membership.
R277-419-[6]9
. High School Completion Status.
[A.](1) An LEA shall account for the final status of all
students who enter high school (grades [10]9-12) whether they graduate or leave high school for other
reasons, using the following decision rules to indicate the high
school completion or exit status of each student who leaves the
Utah public education system:
([1]a) graduates are students who earn a basic high school
diploma by satisfying one of the options consistent with
Rule R277-705-4[B](2) or out-of-school youths of school age who complete adult
education secondary diploma requirements consistent with
R277-733;
([2]b) [other students are ]completers
are students who have not satisfied Utah's requirements
for graduation but who:
([a]i) are in membership in twelfth grade on the last day of the
school year; and
([b]ii)([i]A) meet any additional criteria established by an LEA
consistent with its authority under
Rule R277-705-4[C];
([ii]B) meet any criteria established for special education
students under Utah State Board of Education Special Education
Rules, Revised, [August 2007]November 2013, and available from the USOE, and R277-700-8[E](5); or
([iii]C) pass a General Educational Development (GED) test with a
designated score;
([3]c) continuing students are students who:
([a]i) transfer to higher education, without first obtaining a
diploma;
([b]ii) transfer to the Utah Center for Assistive Technology[(UCAT)] without first obtaining a diploma; or
([c]iii) age out of special education;
([4]d) dropouts are students who:
([a]i) leave school with no legitimate reason for departure or
absence;
([b]ii) withdraw due to a situation so serious that educational
services cannot be continued even under the conditions of
R277-419-5[A]([1]3)(f)(ii);
([c]iii) are expelled and do not re-enroll in another public
education institution; or
([d]iv) transfer to adult education;
([5]e) an LEA shall exclude a student from the cohort
calculation if the student:
([a]i) transfers out of state, out of the country, to a private
school, or to home schooling;
([b]ii) is a U.S. citizen who enrolls in another country as a
foreign exchange student;
([c]iii) is a non-U.S. citizen who enrolls in a Utah public
school as a foreign exchange student under Section 53A-2-206 in
which case the student shall be identified by resident status (J
for those with a J-1 visa, F for all others), not by an exit code;[
or]
([d]iv) dies
; or
(v) beginning with the 2015-2016 school year, is attending an LEA that is not the student's school of enrollment.
[B]([1]2)
(a) An LEA shall report the high school completion status or
exit code of each student to the Superintendent as specified in
Data Clearinghouse documentation.
([2]b) High School completion status or exit codes for each
student are due to the Superintendent by [Y]year [E]end upload for processing and auditing.
([3]c) Except as provided in [R277-419-6B]Subsection ([4]2)
(d), an LEA shall submit any further updates of completion
status or exit codes by October 1 following the end of [the]a student's graduating cohort pursuant to
Rule R277-484-3[, Deadlines for Data Submission].
([4]d) An LEA with an alternative school year schedule where all
of the students have a
n [summer]extended break in a season other than summer, shall submit
the LEA's data by the next complete data submission update,
following the LEA's [summer]extended break, as defined in
Rule R277-484-3.
[C]([1]3)
(a) The Superintendent shall report a graduation rate for
each school, LEA, and the state.
([2]b) The Superintendent shall calculate the graduation rates
in accordance with [the No Child Left Behind Act of 2001 (NCLB) and the NCLB
High School Graduation Rate: Non-Regulatory Guidance]applicable federal law.
([3]c) The Superintendent shall include a student in a
school's graduation rate if:
([a]i) the school was the last school the student attended
before the student's expected graduation date; and
([b]ii) [if ]the student does not meet any exclusion rules
as stated in [R277-419-6A(5)]Subsection (1)(e).
([4]d) The last school a student attended will be determined by
the student's exit dates as reported to
the Data Clearinghouse.
([5]e) A student's graduation status will be attributed to
the school attended in their final cohort year.
([6]f) If a student attended two or more schools during the
student's final cohort year, a tie-breaking logic to select the
single school will be used in the following hierarchical order of
sequence:
([a]i) school with an attached graduation status for the final
cohort year;
([b]ii) school with the latest exit date;
([c]iii) school with the earliest entry date;
([d]iv) school with the highest total membership;
([e]v) school of choice;
([f]vi) school with highest attendance; or
([g]vii) school with highest cumulative GPA.
([7]g) The Superintendent shall report the four-year cohort rate
on the annual state reports.
R277-419-[7]10
. Student Identification and Tracking.
[A](1)
(a) Pursuant to Section 53A-1-603.5, an LEA shall:
([a]i) use the SSID system maintained by the Superintendent to
assign every student enrolled in a program under the direction of
the Board or in a program or a school that is supported by public
school funding a unique student identifier; and
([b]ii) display the SSID on student transcripts exchanged with
LEAs and Utah public institutions of higher education.
[(2)(a)](b) The unique student identifier
:
(i) shall be assigned to a student upon enrollment into a
public school program or a public school-funded program[.];
([b]ii) [The unique student identifier ]may not be the
student's social security number or contain any personally
identifiable information about the student.
[B.](2) An LEA shall require all students to provide their legal
first, middle, and last names at the time of registration to ensure
that the correct SSID follows students who transfer among LEAs.
([1]a) A school shall transcribe the names from the
student's birth certificate or other reliable proof of the
student's identity and age, consistent with Section
53A-11-503;
([2]b) The direct transcription of student names from birth
certificates or other reliable proof of student identity and age
shall be the student's legal name for purposes of maintaining
school records; and
([3]c) An LEA may modify the order of student names, provide for
nicknames, or allow for different surnames, consistent with court
documents or parent preferences, so long as legal names are
maintained on student records and used in transmitting student
information to the USOE.
[C.](3) The Superintendent and LEAs shall track students and
maintain data using students' legal names.
[D.](4) If there is a compelling need to protect a student by
using an alias, an LEA should exercise discretion in recording the
name of the student.
[E.](5) An LEA is responsible to verify the accuracy and
validity of enrollment verification data, prior to enrolling
students in[a] the LEA, and provide students and their parents
with notification of enrollment in a public school.
[F.](6) An LEA shall ensure enrollment verification data is
collected, transmitted, and stored consistent with sound data
policies, established by the LEA as required in
Rule R277-487.
R277-419-[8]11
. Variances.
[A](1)
(a) An LEA may, at its discretion, make an exception for
school attendance for
a public school student[s], in the length of the school day or year, for
a student[s] with compelling circumstances.
([2]b) The time an excepted student is required to attend school
shall be established by the student's IEP or SEOP/Plan for
College and Career Readiness.
[B]([1]2)
(a) An LEA shall plan for emergency, activity, and
weather-related exigency time in its annual calendaring.
([2]b) If school is closed for any reason, the school shall make
up the instructional time missed under the emergency/activity time
as part of the minimum required time to qualify for full Minimum School Program funding.
[C. Staff Planning, Professional Development, Student
Assessment Time, and Parent-Teacher and Student Education Plan
(SEP) Conferences.]
([1]3)
(a) To provide planning and professional development time
for staff, an LEA may hold school longer some days of the week and
shorter other days so long as minimum school day requirements, as
provided for in
Subsection R277-419-[1FF]2(32), are satisfied.
([2]b)
A [S]school[s] may conduct parent-teacher and Student
Education Plan (SEP) conferences during the school day.
([3]c) Parent-teacher and SEP conferences may only be held for a
total of the equivalent of three full school days or a maximum of
16.5 hours for the school year.
([4]d) Student membership for professional development or
parent-teacher conference days shall be counted as that of the
previous school day.
([5]e) An LEA may designate no more than 12 instructional days
at the beginning of the school year, at the end of the school year,
or both for the assessment of students entering or completing
kindergarten.
([6]f) If instruction days are designated for kindergarten
assessment:
([a]i) an LEA shall designate the days in an open meeting;
([b]ii) an LEA shall provide adequate notice and explanation to
kindergarten parents well in advance of the assessment period;
([c]iii) qualified school employees shall conduct the assessment
consistent with Section 53A-3-410; and
([d]iv) assessment time per student shall be adequate to justify
the forfeited instruction time.
([7]g) The final decision and approval regarding planning time,
parent-teacher and SEP conferences rests with an LEA, consistent
with Utah law and Board administrative rules.
([8]h) Total instructional time and school calendars shall be
approved by an LEA in an open meeting.
[D.](4) A school using a modified 45-day
/[ ]15-day year round schedule initiated prior to July 1,
1995 shall be considered to be in compliance with this rule if the
school's schedule includes a minimum of 990 hours of
instruction time in a minimum of 172 days.
KEY: education finance, school enrollment, pupil accounting
Date of Enactment or Last Substantive Amendment: [July 8, 2015]2016
Notice of Continuation: September 14, 2012
Authorizing, and Implemented or Interpreted Law: Art X Sec 3;
53A-1-401[(3)]; 53A-1-402(1)(e); 53A-1-404(2); 53A-1-301(3)(d); 53A-3-404;
53A-3-410
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/b20160415.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.