DAR File No. 40429

This rule was published in the June 1, 2016, issue (Vol. 2016, No. 11) of the Utah State Bulletin.


Education, Administration

Rule R277-707

Enhancement for Accelerated Students Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 40429
Filed: 05/16/2016 04:54:35 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule has been updated to conform to the Office of Administrative Rules' style manual and to provide clarification regarding expenditures in gifted and talented programs.

Summary of the rule or change:

The amendments to this rule provide technical and conforming changes and update the rule for clarification purposes.

State statutory or constitutional authorization for this rule:

  • Section 53A-1-401
  • Art X, Sec 3
  • Section 53A-17a-165

Anticipated cost or savings to:

the state budget:

The amendments to this rule provide technical and conformation changes and minor changes for clarification purposes, which likely will not result in a cost or savings to the state budget.

local governments:

The amendments to this rule provide technical and conformation changes and minor changes for clarification purposes, which likely will not result in a cost or savings to local government.

small businesses:

The amendments to this rule provide technical and conformation changes and minor changes for clarification purposes, which likely will not result in a cost or savings to small businesses.

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

The amendments to this rule provide technical and conformation changes and minor changes for clarification purposes, 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 this rule provide technical and conformation changes and minor changes for clarification purposes, 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 this 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
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:

07/01/2016

This rule may become effective on:

07/08/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-707. Enhancement for Accelerated Students Program.

R277-707-[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]over public education [system ]in the Board;

(b) Section 53A-17a-165 , which allows the Board to adopt rules for the expenditure of funds appropriated for Enhancement for Accelerated Students Program; [Section 53A-17a-165(5) which authorizes the Board to develop a funding formula and performance criteria to measure the effectiveness of the Enhancement for Accelerated Students Program; ]and

(c) Section 53A-1-401[(3)], which [permits]allows the Board to [adopt]make rules [in accordance with its responsibilities]to execute the Board's duties and responsibilities under the Utah Constitution and state law.

[B.](2)(a) The purpose of this rule is to specify the procedures for distributing funds appropriated under Section 53A-17a-165 to LEAs.

(b) The intent of this appropriation is to enhance the academic growth of students whose academic achievement is accelerated.

 

R277-707-[1]2 . Definitions.

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

[B.](1) "Accelerated students" means children and youth whose superior academic performance or potential for accomplishment requires a differentiated and challenging instructional model[that may include the following:]

([1]2) Advanced placement " or "AP" courses means rigorous courses developed by the College Board[.] where:

(a) [E]each course is developed by a committee composed of college faculty and AP teachers, and covers the breadth of information, skills, and assignments found in the corresponding college course[.]; and

(b) [S]students who perform well on the AP exam may be:

(i) granted credit; [and/]or

(ii) advanced standing at participating colleges or universities.

([2]3) "Gifted and talented programs " means[:] programs to:

(a) assist individual students to develop their high potential and enhance their academic growth; and

(b) identify students with outstanding abilities who are capable of high performance in the following areas:

([a]i) general intellectual ability;

([b]ii) specific academic aptitude; and

([c]iii) creative or productive thinking.

([3]4) "International Baccalaureate " or "(IB) " Program[; a] means one of the following programs established by the International Baccalaureate Organization[.]:

(a) [T]the Diploma Program[is a rigorous pre-university course of study. Students who perform well on the IB exam may be granted credit and/or advanced standing at participating colleges or universities.];

(b) [T]the Middle Years Program[(MYP) and]; or

(c) the Primary Years Program[(PYP) emphasize an inquiry learning approach to instruction].

[C. "Local Education Agency (LEA)" means a public school district or charter school, primarily intended to serve students grade K through 12.]

[D.](5) "Weighted Pupil Unit[(WPU)]" means the basic state funding unit.

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

[F.](6) "Utah Consolidated Application " or "[(]UCA[)]" means the web-based grants management tool employed by the [USOE]Board through which [local education agencies]LEAs submit plans and budgets for [USOE ]approval by the Superintendent.

 

R277-707-3. Eligibility, Application, Distribution and Use of Funds.

[A.](1) All LEAs are eligible to apply for the Enhancement for Accelerated Students Program funds using the UCA.

[B.](2)(a) An LEA[s] shall have a process for identifying students whose academic achievement is accelerated based upon multiple assessment instruments.

(b) These instruments shall not be solely dependent upon English vocabulary or comprehension skills and shall take into consideration abilities of culturally diverse students and students with disabilities.

[C.](3) The distribution formula includes an allocation of money for:

([1]a) Advanced Placement courses:

([a]i) The designated funds for the [A]advanced [P]placement [P]program equal 0.38 multiplied by the difference between the funds appropriated for the Enhancement for Accelerated Students Program less the allotment under Subsection 53A-17a-165(3).

([b]ii) (A) The total funds designated for the [A]advanced [P]placement [P]program are divided by the total number of Advanced Placement exams passed with a grade of 3 or higher by students.

(B) This calculation results in a fixed amount per exam passed[. E] with each participating LEA [shall ]receiv[e]ing that amount for each exam successfully passed by one of its students.

([2]b) Gifted and Talented programs:

([a]i) The designated funds for the Gifted and Talented Program equal 0.62 multiplied by the difference between the funds appropriated for the Enhancement for Accelerated Students Program less the allotment under Subsection 53A-17a-165(3).

([b]ii) Each LEA shall receive its share of funds in the proportion that the LEA's number of weighted pupil units for kindergarten through grade twelve bears to the state total.

(iii) An LEA shall expend Gifted and Talented program funds in accordance with the UCA guidelines.

([3]c) [international baccalaureate programs]IB: LEAs shall have an IB authorized program to qualify for funds.

(i) Fifty percent of the total funds designated for IB consistent with Subsection 53A-17a-165(3) shall be equally distributed among all authorized IB programs in the state.

(ii) The remaining fifty percent of allocation shall be distributed to LEAs with Diploma Programs where students scored a grade of 4 or higher on IB exams, resulting in a fixed amount of dollars per exam passed.

 

R277-707-4. Performance Criteria and Reports.

[A.](1) An LEA[s] receiving funds, as set forth in Section R277-707-3, shall be required to submit an annual evaluation report to the [USOE]Superintendent consistent with Section 53A-17a-165. The report shall include the following performance criteria related to the identified students whose academic achievement is accelerated:

([1]a) [N]number of identified students disaggregated by subgroups;

([2]b) [G]graduation rates for identified students;

([3]c) [N]number of AP classes taken, completed, and exams passed with a score of 3 or above by identified students;

([4]d) [N]number of IB classes taken, completed, and exams passed with a score of 4 or above by identified students;

([5]e) [N]number of Concurrent Enrollment classes taken and credit earned by identified students;

([6]f) ACT or SAT data, including the [(]number of students participating, at or above the college readiness standards[)];

([7]g) [G]gains in proficiency in language arts; and

([8]h) [G]gains in proficiency in mathematics.

[B.](2) The [USOE]Superintendent shall submit an annual report on program effectiveness to the Public Education Appropriations Subcommittee of the Utah State Legislature consistent with Subsection 53A-17a-165(6).

 

KEY: accelerated learning, enhancement programs

Date of Enactment or Last Substantive Amendment: [August 8, 2011]2016

Notice of Continuation: May 16, 2016

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-17a-165; 53A-17a-165(5); 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/b20160601.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.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

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.