DAR File No. 40794
This rule was published in the October 1, 2016, issue (Vol. 2016, No. 19) of the Utah State Bulletin.
Education, Administration
Rule R277-708
Enhancement for At-Risk Students Program
Notice of Proposed Rule
(Amendment)
DAR File No.: 40794
Filed: 09/15/2016 05:23:13 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
Rule R277-708 is amended to include strengthened program enforcement and auditing provisions and provide technical and conforming changes consistent with the Utah Administrative Rulemaking Act and the Rulewriting Manual for Utah.
Summary of the rule or change:
The amendments to Rule R277-708 provide strengthened program enforcement and auditing provisions and technical and conforming changes, which includes renumbering.
Statutory or constitutional authorization for this rule:
- Art X, Sec 3
- Section 53A-1-401
- Section 53A-17a-166
Anticipated cost or savings to:
the state budget:
The amendments provide strengthened program enforcement and auditing provisions and technical and conforming changes, which likely will not result in a cost or savings to the state budget.
local governments:
The amendments provide strengthened program enforcement and auditing provisions and technical and conforming changes, which likely will not result in a cost or savings to local government.
small businesses:
The amendments provide strengthened program enforcement and auditing provisions 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 provide strengthened program enforcement and auditing provisions 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 provide strengthened program enforcement and auditing provisions 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 as a result of the amendments to this rule.
Sydnee Dickson, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Office 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:
10/31/2016
This rule may become effective on:
11/07/2016
Authorized by:
Angela Stallings, Associate Superintendent, Policy and Communication
RULE TEXT
R277. Education, Administration.
R277-708. Enhancement for At-Risk Students[Program].
R277-708-[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 the]over public education[system] in the Board[,];
(b) Section 53A-17a-166, which directs the Board to manage the Enhancement for At-Risk Students interventions by:
(i) developing a funding formula[,];
(ii) developing performance criteria[,];
(iii) administering the [program,]intervention;
(iv) distribut[e]ing the appropriation[,]; and
(v) monitor[,]ing and reporting the effectiveness of the [Enhancement for At-Risk Students program,]; and
(c) Section 53A-1-401[(3)], which allows the Board to [adopt rules in accordance with its
responsibilities]make rules 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 establish criteria and
procedures for distributing
Enhancement for [a]At-[r]Risk [s]Students [program ]funds to LEAs.
(b) The intent of the rule and the legislative appropriation is to improve academic achievement of students who are at risk of academic failure.
R277-708-[1]2
. Definitions.
[A.](1) "At-risk of academic failure" [for purposes of this rule, ]means
a k-12 public school student[s in public schools grades K-12] who [have one or more]meets any of the following risk factors[ as defined under R277-708-1]:
([1]a) [L]low performance on [U-PASS tests]a Board approved assessment;
([2]b) [P]poverty;
([3]c) Limited English Proficiency; [and]or
([4]d) [M]mobility.
[B.](2) "Available funds" [for purposes of this rule ]means the total funds
appropriated for
the Enhancement for At[ ]-Risk Students [Program]interventions, less funding designated for [G]gang [P]prevention under Subsection 53A-17a-166(1)(b)(i).
[C. "Board" means the Utah State Board of
Education.]
[D.](3) "Data Clearinghouse" means the electronic data
collection system used by the [USOE]Superintendent 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.
[E.](4) "LEA share" [for purposes of determining funding under this
rule, ]means the percentage of
k-12 students from an LEA who [qualify under the classifications of: low performing on
U-PASS, poverty, mobility, and Limited English
Proficiency]are at risk of academic failure compared to the total count
for the state of Utah from the previous school year.
[F.](5) "Limited English Proficiency
" or [(]"LEP[)]" means the total number of English [language (]learner or "EL[)]" students in an LEA from
the October 1 count from the previous school year,[. This count] includ[es]ing:
([1]a) the number of EL students receiving a score of 1-[3]4 on the English language proficiency assessment; and
([2]b) the number of students
previously classified as[previously-EL who are monitored for two years once
classified as English Proficient] based on a score of [4 or ]5
or 6 on the English language proficiency assessment.
[G. "Local Education Agency (LEA)" means a public
school district or charter school primarily intended to serve
students grades K through 12.]
[H.](6) "Low performance on [U-PASS tests]a Board approved assessment" means the unduplicated
count of
k-12 students from an LEA scoring below proficient
in Reading/Language, Math, and Science on
one of the following exams from the previous school
year:
(a) the Student Assessment of Growth and Excellence (SAGE)[or]:
(b) the Special Education adaptive testing [for Reading/Language Arts from the previous school
year.]Dynamic Learning Maps or "DLM"; or
(c) other Board approved assessment.
[I.](7) "Mobility" means the number of
k-12 students enrolled less than 160 days or its equivalent
in one school within [one]a school year, as determined by the prior year's year-end average daily
membership submission.
[J.](8) "Poverty" means the total number of
k-12 students in an LEA reported as economically
disadvantaged using federal child nutrition income eligibility
guidelines for free or reduced-priced under the federal school
lunch program from the official October 1 enrollment count from the
previous school year.
[K. "Utah Consolidated Application (UCA)" means
the web-based grants management tool employed by the Utah State
Office of Education by which local education agencies submit plans
and budgets for approval of the Utah State Office of
Education.
L. "USOE" means the Utah State Office of
Education.]
R277-708-3. Applications and Distribution of Funds.
[A. Awards shall be made to local education
agencies.]
[B.](1) An LEA[s] shall submit
its application[s]
to the Superintendent annually by November 1 [to the USOE ]through the [UCA]Board's grant management system.
(2) The Superintendent shall distribute available funds to LEAs with an approved application monthly based on a one-twelfth distribution beginning on July 1.
(3) An LEA shall spend all allocated funds annually by June 30.
(4) An LEA that accepts funds for Enhancement for At-Risk Students intervention services shall be subject to Board accounting, auditing, and budgeting rules and policies.
(5)(a) With written approval from the Superintendent, an LEA may carry over and spend ten percent or $50,000, whichever is less, of state Enhancement for At-Risk Student funds in the next fiscal year.
(b) An LEA shall submit a request to carry over funds under Subsection (5)(a) by August 1 annually.
(c) An LEA shall detail approved carry over amounts in a revised budget submitted through the Board's grant management system.
(d) The Superintendent shall review and approve a revised budget submitted under Subsection (5)(c) no later than October 1 in the year submitted.
R277-708-4. Allocation of Enhancement for At-Risk Student Funds.
[C.](1) The Superintendent shall award available funds to an
LEA[s shall receive funding] based on an equal
weighting of:
([1]a) low performance on [U-PASS tests]a Board approved assessment;
([2]b) poverty;
([3]c) mobility; and
([4]d) limited English proficiency[as outlined in 53A-17a-166].
[D.](2) The Superintendent shall base an LEA's allocation[s shall be based] on the certified data from the
Data Clearinghouse [from]using the most recent school year for which data is complete
and available.
[E.](3) The Superintendent shall use the following [F]funding formula
to determine an[
(1)] LEA base
to distribute to LEAs:
(a) the [USOE]Superintendent shall annually calculate [four percent]4% of the state appropriation of the Enhancement for At-Risk
Students funding available for LEA grants to provide a base amount
to LEAs.
(b) [This]The Superintendent shall divide the base amount [shall be]described in Subsection (3)(a) equally[divided] among all eligible LEAs.
([2]4) [LEAs with high poverty schools: t]The [USOE]Superintendent shall annually calculate [twenty percent]20% of the state appropriation of the Enhancement for
At-Risk Students [funding for LEA grants]on a per school basis to provide a targeted amount to LEAs
with traditional elementary [and]schools, secondary schools
, and alternative high schools with at least [75 percent]75% poverty.[This targeted amount shall be divided among eligible LEAs
based on the number of traditional schools with at least 75 percent
poverty within the LEA.]
([3]5) Of the funds remaining
after the distributions described in Subsections (3) and
(4), the [USOE]Superintendent shall determine [the]an LEA's share based on the LEA's percentage of students
with at-risk factors for the state.
([4]6) [For each LEA, the USOE]The Superintendent shall use data from the [USOE]Board's Data Warehouse
for each LEA from the previous school year to determine the
students who qualify under the following definitions:
(a) [L]low performance on [U-PASS tests]a Board approved assessment;
(b) [P]poverty;
(c) [M]mobility; and
(d) Limited English Proficiency.
[(5) The LEA share shall equal the LEA's statewide
proportionate share of qualifying students with at-risk factors
times the amount of funds available for distribution.
(6) 2011-2012 funding transition: for the 2011-2012 school
year, the USOE shall implement formula adjustments to ensure that
no LEA receives less than 65 percent of the funds under the
Enhancement for At-Risk Students Program than the LEA received
during the 2010-2011 school year under the funds available from the
state program that were repealed as part of the enactment of the
new Enhancement for At-Risk Students Program.]
(7) The Superintendent shall allocate funds appropriated for as-risk factors to each LEA based on the LEA's proportion of at-risk factors in comparison to the statewide total.
[F.](8) The Superintendent shall notify an LEA[s] that qualif[y]ies for funding[and the level] of the LEA
's level of funding[shall be notified] annually by [June 30]May 1.
[G.](9) An LEA[s] may use funds for activities that support
academic achievement of students who are at risk of academic
failure[; the LEA shall provide:].
(1
0)
An LEA shall provide the following information as part of
the [UCA]application process:
(a) specific goals related to increased
academic achievement of students at-risk of academic failure;[and]
(b) proposed activities that are directly tied to the LEA's plan to increase student achievement;
([2]c) an annual report of the use of funds
through the annual financial reporting process; and
([3]d) an annual report of [program]intervention effectiveness based on [USOE-defined ]performance criteria
defined by the Superintendent.
R277-708-4. Oversight: Monitoring, Evaluation and Reports.
[A.](1) The [Board]Superintendent may
recommend that the Board designate no more than one percent
of the total appropriation from the Enhancement for At-Risk
Students[ program] to be used specifically by the [USOE]Superintendent for oversight, monitoring and evaluation of
:
(a) LEA[s'] implementation of the [program]intervention; and
(b) [their ]compliance with [the]state law and this rule.
[B.](2)(a) [Performance Criteria: Each]An LEA that receives funding shall submit an annual
evaluation report to the [USOE]Superintendent consistent with Section 53A-17a-166.
(b) The report shall include the following performance criteria for students at-risk of academic failure:
([1]i) student attendance information, as defined by the [USOE]Superintendent;
([2]ii) graduation rates;
([3]iii) gains in language proficiency as measured by the
English language proficiency assessment;
([4]iv) gains in reading/language [A]arts proficiency as measured by [SAGE]a Board approved assessment; and
([5]v) gains in mathematics
and science proficiency as measured by [SAGE]a Board approved assessment.
[C. The Utah State Office of Education shall submit an
annual report on program effectiveness to the Public Education
Appropriations Subcommittee of the Utah State
Legislature.]
(3)(a) The Superintendent shall conduct tri-annual intervention reviews of each LEA receiving Enhancement for At-Risk Students funding to ensure intervention compliance.
(b) In the Superintendent's discretion or for good cause, the Superintendent may conduct additional formal or informal:
(i) monitoring;
(ii) reviews; or
(iii) site visits.
(4) If the Superintendent identifies violations as a result of a review described in Subsection (4), an LEA shall prepare and submit to the Superintendent a written corrective action plan for each finding made by the Superintendent.
(5) If an LEA fails to resolve findings identified by the Superintendent under Subsection (5), the Superintendent may withhold funds as provided in R277-114.
R277-708-5. Gang Prevention and Intervention Funds.
[A.](1) Consistent with Subsection 53A-17a-166(1)(b), the [Board]Superintendent shall distribute funding to LEAs for gang
prevention and intervention.
[B.](2) An LEA[s] desiring to receive gang prevention and
intervention funds shall submit
a proposal[s] consistent with
Rule R277-436.
KEY: students at risk
Date of Enactment or Last Substantive Amendment: [October 11, 2011]2016
Authorizing, and Implemented or Interpreted Law: Art X Sec 3;
53A-17a-166; 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/b20161001.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 Office of Administrative Rules.