DAR File No. 41365
This rule was published in the April 1, 2017, issue (Vol. 2017, No. 7) of the Utah State Bulletin.
Foreign Exchange Students
Notice of Proposed Rule
DAR File No.: 41365
Filed: 03/15/2017 01:05:07 PM
Purpose of the rule or reason for the change:
Rule R277-612 is amended to provide technical and conforming changes consistent with the Utah Administrative Rulemaking Act and the Rulewriting Manual for Utah.
Summary of the rule or change:
Changes to the rule include renumbering, replacing outdated terminology, and various other technical changes.
Statutory or constitutional authorization for this rule:
- Section 53A-1-401
- Art X, Sec 3
- Subsection 53A-2-206(2)
Anticipated cost or savings to:
the state budget:
Technical and conforming changes are made to the rule, which likely will not result in a cost or savings to the state budget.
Technical and conforming changes are made to the rule, which likely will not result in a cost or savings to local government.
Technical and conforming changes are made to the rule, which likely will not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
Technical and conforming changes are made to the rule, 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:
Technical and conforming changes are made to the rule, 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.
R277-612. Foreign Exchange Students.
2]. Authority and Purpose.
A.] This rule is authorized by
Utah Constitution Article X, Section 3
which vests general control and supervision [
of] public education in the Board[ ,]
which directs the Board to make rules to administer the
cap on the number of foreign exchange students for purposes of
apportioning state monies for the students[
(3)] which allows the Board to [ adopt rules in accordance with its
B.] The purpose of this rule is to
administer the cap on the number of foreign exchange
students that may be counted by school districts and charter
schools for state funding[
. An additional purpose of the rule is to ]
provide guidance to school districts and charter schools in working with exchange student agencies and accepting foreign exchange students to provide for safety and fairness to the exchange students and Utah public school students.
A. "Board" means the Utah State Board of
B.] "Foreign exchange student" means a student
sponsored by an agency approved by [ the district's local school board or charter
school's ] governing board, subject to the limitation of Section 53A-2-206(2).
C. "USOE" means the Utah State Office of
R277-612-3. Foreign Exchange Student Cap.
[ School districts and charter schools shall be
compensated] from a specific legislative appropriation
designated annually to pay the costs of educating foreign exchange
students who meet all criteria of the law.
B.] School districts and charter schools are encouraged to
enroll foreign exchange students and report those enrollment
numbers annually to the [ USOE] in the October 1 Superintendents'
C.] School districts and charter schools shall include in
their report to the [ USOE] only foreign exchange students that satisfy
all requirements of 53A-2-206(6) and [ school district/charter school ] policies.
School districts/charter schools] may enroll foreign exchange students who do not
qualify for state monies and
pay the costs of [
those] student[ s] with other [ school district/charter school ] funds or
charge the student[
D. Notwithstanding the provisions of Section 53A-2-206(2)
and R277-612-3, the provisions of Section 53A-2-206(8) shall
Policy for Working with Foreign Exchange Student Agencies and
Foreign Exchange Students and Utah
A.] [ School districts and charter schools] that enroll foreign exchange students shall have a policy that [ satisfies]
the requirements of 53A-2-206(6)
in addition to other ]provisions which create a
safe environment for foreign exchange students and school
district/charter school students.
B.] [ E]ach [ school district/charter school] shall[ , prior to accepting students through the foreign exchange
student agency,] require and maintain[ from each foreign exchange student entity from which the
district/charter school accepts students,] a sworn
affidavit of compliance
that the agency[
has complied with all applicable policies of the local
board of education or the charter school including the
1]) [ agency has] [ complied] with all applicable policies of the [ local board of education/charter school] governing board;
a household study, including a background
check consistent with
53A-3-410, of all adult residents[ has been completed] of each household where
foreign exchange students will reside
and the information has been reviewed and concerns
satisfied by an appropriate school district employee;]
a background study
assure[ s] that the exchange student will receive proper
care and supervision in a safe environment;
host parents [ have received] training appropriate to their positions, including
information about enhanced criminal penalties under Subsection
76-5-406(10) for persons who are in a position of special
a representative [ of the exchange student agency shall] visit each student's place of residence at least
monthly during the student's stay in Utah;
5]) [ the agency ]will cooperate with school and other
public authorities to ensure that no exchange student becomes an
unreasonable burden upon the public schools or other public
each exchange student[ will be given, in the exchange student's native
language,] names and telephone numbers of agency
representatives and others who could be called at any time if a
serious problem occurs; and
alternate placements[ are readily available] so that no student is
required to remain in a household if conditions appear to exist
which unreasonably endanger the student's welfare.
C.] [ Each school district/charter school] that accepts foreign exchange students shall provide
each approved foreign exchange student agency with a list of names
and telephone numbers of individuals not associated with the agency
who could be called by an exchange student in the event of a
D.] [ The] agency shall [ make] a copy of [ the] list
provided by [ the school district/charter school] to each foreign
exchange student[ in the student's native language].
KEY: foreign exchange students, enrollment
Date of Enactment or Last Substantive Amendment: [
August 9, 2010]
Notice of Continuation: March 14, 2017
Authorizing, and Implemented or Interpreted Law: Art X Sec 3;
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/2017/b20170401.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.