DAR File No. 40885
This rule was published in the November 1, 2016, issue (Vol. 2016, No. 21) of the Utah State Bulletin.
Notice of Proposed Rule
DAR File No.: 40885
Filed: 10/14/2016 02:41:47 PM
Purpose of the rule or reason for the change:
This rule is amended in response to feedback from stakeholders that certain aspects of Rule R277-438 were causing confusion regarding the requirements for home school students to participate in dual enrollment.
Summary of the rule or change:
The proposed amendments provide language to clarify the definition of co-curricular programs, as well as to clarify participation requirements for dual enrollment students.
Statutory or constitutional authorization for this rule:
- Section 53A-11-102.5
- Art X, Sec 3
- Section 53A-1-401
Anticipated cost or savings to:
the state budget:
The amendments to Rule R277-438 provide language for clarification purposes, which likely will not result in a cost or savings to the state budget.
The amendments to Rule R277-438 provide language for clarification purposes, which likely will not result in a cost or savings to local government.
The amendments to Rule R277-438 provide language 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 Rule R277-438 provide language 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 Rule R277-438 provide language 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, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Education
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at email@example.com
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Angela Stallings, Deputy Superintendent, Policy and Communication
R277. Education, Administration.
R277-438. Dual Enrollment.
R277-438-1. Authority and Purpose.
(1) This rule is authorized by:
(a) Utah Constitution Article X, Section
3, which vests general control and supervision [
of the] public [ school system under] the Board;
(b) Subsection 53A-1-402(1)(b), which directs the Board to establish rules and minimum standards for access to programs;
ubs]ection 53A-1-401[ (3)], which allows the Board to [ adopt rules in accordance with its
(d) Section 53A-11-102.5, which governs dual enrollment.
(2) The purpose of this rule is to provide consistent statewide procedures and criteria for a home school and private school student's participation in a public school course, co-curricular activity, or program.
(1) "Co-curricular activity"
means a school district or school activity, course, or experience that
includes a required regular school day component[
and an after school component, including a special program
or activity such as a program for a gifted and talented student, a
summer program, and a science or history fair].
(2) "Dual enrollment student" means a student who is enrolled simultaneously in:
(a) a private school or home school; and
(b) a public school.
(3) "Eligibility" means a student's fitness and availability to participate in a school course, activity, or program governed by this rule that is determined by a number of factors, including:
(c) age; and
(d) the number of semesters of participation in a particular course, activity, or program.
(4) "Full-time student" means a student earning the school district designated number and type of credits required for participation in a course, activity, or program in the school district in which the student's parent resides.
(5) "Home school" means a school in the state comprised of one or more students officially excused from compulsory public school attendance under Section 53A-11-102.
(6) "Private school" means a school in the state that:
(a) is maintained by a private individual or corporation;
(b) is maintained and operated not at public expense;
(c) is generally supported, in part at least, by tuition fees or charges;
(d) operates as a substitute for, and gives the equivalent of, instruction required in a public school;
(e) employs a teacher able to provide the same quality of education as a public school teacher;
(f) is established to operate indefinitely and independently, not dependent upon age of the students available or upon individual family situations; and
(g) is licensed as a business by the Department of Commerce.
(7)(a) "Resident school" means a public school:
(i) that is under the control of a local school board elected under Title 20A, Chapter 14, Nomination and Election of State and Local School Boards; and
(ii) within whose boundaries a student's custodial parent resides.
(b) "Resident school" does not mean a charter school or online school.
(8) "Student participation fee" means a fee charged to all participating students by the resident school for enrollment in a course, program, or co-curricular school activity consistent with Rule R277-407.
R277-438-3. Private and Home School Student Participation in a Public School Course, Co-curricular Activity, or Program.
(1) A student who is exempt from compulsory public school education by a local school board for instruction in a private or home school may enroll in the student's resident school as a dual enrollment student and participate in a course, co-curricular activity, or program at the student's resident school if the student
takes courses comparable to resident school courses or
earns credit under options outlined in Section R277-700-6 in at
least as many of the designated courses as required by the local
school board of a student for participation in the course,
co-curricular activity, or program[
(2) A public school that is not the student's resident school may allow a private or home school student to enroll in the public school, including in a single course or program, as a dual enrollment student, at the discretion of the public school.
dual enrollment student is eligible to
participate in a course, co-curricular activity, or program[
: (a) ] consistent with the eligibility standards
for a full-time student, including providing a report card[ and citizenship information] to the resident
school or other school described in Subsection (2) upon request[ ;]
(b) in accordance with Section 53A-11-102.5;
and (c) in accordance with the provisions of Subsection
R277-438-4. Fees for Private and Home School Students.
A school or school district shall waive a student participation fee for a dual enrollment private or home school student if:
(1) the student is eligible; and
(2) the parent provides required documentation under Section 53A-12-103 and Rule R277-407, School Fees.
R277-438-5. Miscellaneous Issues.
(1) A dual enrollment student attending an activity or a portion of a school day under Section 53A-11-102.5 is subject to the same behavior and discipline rights and requirements of a full-time student.
(2) A dual enrollment student who attends an activity or a portion of the school day is subject to the administrative scheduling and teacher discretion of the public school.
(3)(a) A dual enrollment student with a disability may participate as a dual enrollment student consistent with law, this rule and 34 CFR 300.450 through 300.455.
(b) A public school that enrolls a dual enrollment student shall prepare an IEP for a student described in Subsection (3)(a) prior to the student's participation in dual enrollment using comparable procedures to those required for identifying and evaluating public school students.
(c) A student with a disability seeking dual enrollment is entitled to services for the time, or for the number of courses, the student is enrolled in the public school, based on the decision of the student's IEP team.
(d) Decisions about the scheduling and manner of services provided is the responsibility of the enrolling public school and school district personnel.
(e) A school or a school district is not prohibited from providing a service to a student who is not enrolled full time in excess of those required by this section.
KEY: public education, dual enrollment
Date of Enactment or Last Substantive Amendment: [
December 8, 2015]
Notice of Continuation: March 14, 2014
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1)(b); 53A-11-102.5
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/b20161101.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 firstname.lastname@example.org. For questions about the rulemaking process, please contact the Office of Administrative Rules.