DAR File No. 41792

Education, Administration

Rule R277-735

Corrections Education Programs

Notice of Proposed Rule

(Amendment)

DAR File No.: 41792
Filed: 06/09/2017 12:42:37 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-735 is amended to update program standards and procedures following a review of the rule.

Summary of the rule or change:

The amendments to Rule R277-735 update procedures for providing services, allocation of funds, fiscal procedures, and definitions. Technical and conforming changes are provided in accordance with the Rulewriting Manual for Utah.

Statutory or constitutional authorization for this rule:

• Section 53A-1-401
• Art X, Sec 3

Anticipated cost or savings to:

the state budget:

Procedural changes and technical and conforming changes will likely not result in a cost or savings to the state budget.

local governments:

Procedural changes and technical and conforming changes will likely not result in a cost or savings to local government.

small businesses:

Procedural changes and technical and conforming changes will likely not result in a cost or savings to small businesses.

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

Procedural changes and technical and conforming changes will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Procedural changes and technical and conforming changes will likely not result in any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

After conducting a thorough analysis, it was determined that the amendments to this rule will not result in a fiscal impact to businesses.

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
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:

07/31/2017

This rule may become effective on:

08/07/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

R277. Education, Administration.

R277-735. Corrections Education Programs.

R277-735-[2]1. Authority and Purpose.

[A.](1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and [authority]supervision over public education in the Board[,];[by]

(b) Section 53A-1-403.5 , which makes the Board, along with the Utah Department of Corrections, [directly ]responsible for the education of inmates in custody; and

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

[B.](2) The purpose of this rule is to specify operation standards and procedures for inmates in corrections education programs that are the responsibility of the public school system.

[C. Corrections education programs shall be consistent with R277-733, Adult Education Programs.]

 

R277-735-2. Incorporation of Utah Adult Education Policies and Procedures Guide by Reference.

(1) The rule incorporates by reference the Utah Adult Education Policies and Procedures Guide, June 2016 Revision, which provides day-to-day operating standards and technical assistance to eligible providers for operation of adult education programs.

(2) A copy of the guide is located at:

(a) http://www.schools.utah.gov/adulted/Directors---Coordinators/Policies-and-Procedures-and-Reports.aspx; and

(b) the Utah State Board of Education.

 

R277-735-[1]3. Definitions.

[A. "Adult Basic Education (ABE)" means a program of instruction below the 9.0 academic grade level for adults who lack competency in reading, writing, speaking, problem solving or computation at a level that substantially impairs their ability to find or retain adequate employment that will allow them to become employable, contributing members of society and preparing them for advanced education and training. The instruction is designed to help adults by:

(1) increasing their independence;

(2) improving their ability to benefit from occupational training;

(3) increasing opportunities for more productive and profitable employment; and

(4) making them better able to meet adult responsibilities.

B. "Adult Education and Family Literacy Act (AEFLA)" means Title II of the Workforce Investment Act (WIA) of 1998 which provides the principle source of federal support for adult basic and literacy education programs for adults who lack basic skills, an Adult Education Secondary Diploma or its equivalency, or proficiency in English.

C. "Adult High School Completion (AHSC)" means a program of academic instruction at the 9.0 grade level or above in Board-approved subjects for eligible adult education students who are seeking an Adult Education Secondary Diploma from an adult education program.

D. "Board" means the Utah State Board of Education.

E. "Community-based organization (CBO)" means a nonprofit organization:

(1) eligible for and accepting federal AEFLA funds; and

(2) for the sole purpose of providing adult education services to qualified adult education learners.

(3) All rules and laws that apply to school districts shall also apply to CBOs that receive adult education funding.

(4) CBOs:

(a) apply to the USOE;

(b) receive adult education funding through a competitive process; and

(c) receive USOE funding on a reimbursement basis only.]

[F.](1) "Custody" means the status of being legally in the control of another adult person or a public agency.

[G.](2) "Education Contracts funds" means funds appropriated annually by the Legislature to be used partly for corrections education.

(3) "FERPA" means the Family Educational Rights and Privacy Act, 20 USC 1232g, and its implementing regulations.

[H. "English for Speakers of Other Languages (ESOL)" is an instructional program provided for non-native language speakers.

I. "General Educational Development (GED) Testing" means the test required under R277-702.]

[J.](4) "Inmate" means an offender who is incarcerated in state or county correctional facilities located throughout the state.[Inmates may be housed in various locations throughout the state of Utah.]

[K. "SEOP/plan for college and career readiness" means a plan for students in grades 7-12 that includes:

(1) all Board and LEA board graduation requirements;

(2) the individual student's specific course plan that will meet graduation requirements and provides a supportive sequence of courses consistent with identified post-secondary training goals;

(3) evidence of parent, student, and school representative involvement annually; and

(4) attainment of approved workplace skill competencies.

L. "Teaching of English to Speakers of Other Languages (TESOL)" means a credential for teachers of ESOL.

M. "USOE" means the Utah State Office of Education.]

[N.](5) ["UTopia" means ]"Utah Online Performance Indicators for Adult Education " or "UTopia" means a statewide database for tracking adult education student progress and outcomes.

 

R277-735-[3]4. Procedures for Providing Services.

[A](1) The Board may contract to provide educational services for inmates with:

(a) local school boards[,];

(b) state post-secondary educational institutions[,];

(c) other state agencies[,]; or

(d) private providers [of the]recommended by a local school board[s' choosing to provide educational services for inmates].

(2) A contract made in accordance with Subsection (1) shall be in writing and shall provide for:

(a) services to students in an appropriate environment for student behavior and educational performance;

(b) compliance with relevant Board standards;

(c) program monitoring by the Superintendent in accordance with R277-733; and

(d) coordination of services with non-custodial programs to enable an inmate in custody to continue the inmate's public school education with minimal disruption following discharge.

[(2) The respective responsibilities of the Board, local school boards, and other service providers for education shall be established by memoranda of agreement or contracts.]

(3) A school district may sub-contract with local educational service providers for the provision of educational services to students in custody.

[(4) Educational services shall be provided in the appropriate environment for the student's behavior and educational performance.

(5) Educational programs to which inmates are assigned shall meet the standards adopted by the Board for that type of program.

(6) Educational programs shall be monitored by the USOE in periodic review visits.

(7) Educational services shall be sufficiently coordinated with non-custody programs to enable inmates in custody to continue their public school education with minimal disruption following discharge from custody.]

([8]4) Custodial status alone does not qualify an individual for services under the [Individuals with Disabilities Act (]IDEA[), 20 U.S.C. Sec. 1400 et seq., amended in 2004].

[B.](5) When a student inmate is transferred to a new program, the sending program shall update and finalize all school records in UTopia releasing the student's records as soon as possible after receiving notice of the transfer.

[C.](6) An educational service provider shall only disclose educational records of [When ]a student inmate[is released], before or after release from custody, [educational records shall only be available ]consistent with [the Family Education Rights and Privacy Act ](FERPA)[, 20 U.S.C. Section 1232g; 34 CFR Part 99].

[D.](7) Corrections education programs shall adhere to the same overarching program standards and practices defined for all adult education programs, consistent with R277-733, unless otherwise noted herein.

 

R277-735-[4]5. Fiscal Procedures.

[A.](1) An [I]inmate[s] receiving educational services by or through a school district [become] shall be a student[s] of that school district for funding purposes.

[B.](2) The Superintendent shall allocate [S]state corrections education funds [appropriated to the USOE for corrections education shall be allocated ]to school districts on the basis of annual applications.

[C.](3) A program receiving [F]funds approved for a corrections education project[s] shall only expend funds[can be expended only] for the purposes described in the respective funding application.

[D. Lapsing and nonlapsing funds]

([1]4) Education Contracts funds used for corrections education shall be subject to Board accounting, auditing and budgeting rules and policies.

([2]5) Ten percent or $50,000, whichever is less, of state funds designated for corrections education not expended in the current fiscal year may be carried over[/deferred] and spent by a school district in the next fiscal year with written approval [by the USOE]from the Superintendent[and spent in the next fiscal year].

([3]6) The Superintendent shall establish a timeline for submission and approval of[Requested and approved] school district budgets and carry over requests[that show carry over funds shall be submitted for approval according to a time line and dates set by the USOE].

([4]7) (a) The [USOE]Superintendent may consider excess funds in determining [the]a school district's allocation for the next fiscal year.

(b) The [USOE]Superintendent shall recapture fund balances in excess of 10 percent or $50,000 annually no later than February 1 and reallocate funds to school district corrections education programs through the supplemental award process based on need and effort consistent with R277-733.

[E. The Board, or its designee, shall adopt uniform pupil and fiscal accounting procedures, forms, and deadlines for correctional education programs.]

 

R277-735-[5]6. Allocation of Education Contracts Funds Designated for Corrections Education.

[A. Oversight, monitoring, evaluation, and reports:]

(1) The [Board]Superintendent may [designate no]not allocate more than four percent of the total legislative [E]education [C]contracts funding appropriated for adult corrections education [for USOE ]administrative services.

(2) The [USOE]Superintendent shall use [designated ]funds allocated in accordance with Subsection (1) for oversight, monitoring , and evaluation of corrections adult education [programs and ]program compliance with law and this rule.

[B. Education Contracts funding designated for state prisons and country jails housing state offenders:]

([1]3) [Of the]The Superintendent shall annually calculate:

(a) the total number of incarcerated offenders in the custody of the Utah Department of Corrections[,];

(b) the percentage of incarcerated offenders housed in county jails ; and

(c) the percentage of incarcerated offenders housed at prison sites[, shall be calculated each year].

[(2) Those percentages shall determine the percentages of Education Contracts funding designated for corrections education that is provided to school districts serving students in respective facilities.]

(4) The Superintendent shall use the calculations made under Subsection (3) to determine the allocation of education contracts funds to school districts.

([3]5) An [E]eligible school district[s] shall receive a base amount of $10,000 for each [prison or county jail]correctional facility in which they provide services.

([4]6) The Superintendent shall prorate the balance of the education contracts funds allocation[percentages shall be prorated] to [respective ]school districts based upon [total student enrollee counts as per the State Funding Program Outcome Measures (POM) report, provided by the Adult Education Program, used to determine adult education funding.]adult education UTopia data reporting of the average number of state inmates receiving educational services from August 1 through March 1 of the prior school year.

 

R277-735-[6]7. Program, Curriculum, Outcomes and Student Mastery.

[A.](1) Corrections education programs shall provide programs that allow students to transition between correctional sites in a seamless manner.

[B.](2)(a) An [A]adult education student[s] receiving education services in a state [prison or jail]correctional facility education program may graduate with a school district adult education secondary diploma upon completion of the state required minimum units of credit under R277-700 .

(b) [and satisfied through]A student in custody may meet graduation requirements through:

(i) completed credits; or

(ii) demonstrated course competency consistent with a[students' SEOP/plans] student's plan for college and career readiness [under]in accordance with R277-733.

[C. Graduation requirements may be changed or modified, or both, for adult students with documented disabilities through Individual Education Plans (IEPs) consistent with IDEA.

D. Modified graduation requirements for individual students shall:

(1) be consistent with the student's IEP or SEOP/plan for college and career readiness, or both;

(2) be maintained in the student's files;

(3) maintain the integrity and rigor expected for AHSC graduation.

E. Corrections education programs shall offer courses consistent with the Utah Core curriculum under R277-700.

F. The Utah Core curriculum and teaching strategies may be modified or adjusted to meet the individual needs of adult education students.

G. School district adult education staff shall develop and write (both elective and required) course descriptions for AHSC courses, consistent with the Utah Core curriculum and Utah adult education curriculum standards, as provided by the USOE.

H. School districts, CBOs and the USOE shall cooperate to develop written course descriptions for GED Test preparation, ESOL and ABE courses; courses shall be based on the Utah Core curriculum standards, modified for adult learners.

I. Course descriptions shall contain adult education mastery criteria and shall stress mastery of adult life skill material consistent with Core objective standards and Core curriculum.

J. Course content mastery shall be stressed rather than completion of required seat time in a classroom.

K. Adult high school completion education is determined by the following prerequisite courses:

(1) ESOL competency AEFLA levels one through six; and

(2) ABE competency AEFLA levels one through four.

L. AHSC courses for students seeking an Adult Education Secondary Diploma should meet the federal AEFLA AHSC Levels I and II competency requirements.]

[M.](3) An [A]adult student[s] in custody seeking an adult high school diploma shall have the minimum credits defined in R277-705.

[N. The courses shall be supervised by a Utah licensed educator.]

(4) A district shall employ a qualified Utah licensed educator to teach corrections education courses.

 

R277-735-[7]8. Confidentiality.

[A.](1) A [T]transcript[s and] or diploma[s] prepared for an inmate[s] in custody shall:

(a) [be issued in]include the name of the contracted educational agency which also provides service to non-custodial offenders; and[shall]

(b) not [bear ]reference [to]the inmate's custodial status.

[B.](2)(a) A district or corrections education provider shall keep an inmate's education[School] records which refer to custodial status, inmate court records, and related matters [shall be kept ]separate from permanent school records .

(b) A district shall destroy or seal an inmate's education records[and shall be destroyed or may be sealed] upon order of a court of competent jurisdiction.

[C. Access to Student Records

(1) Staff who design and oversee individual student education plans shall have access to all appropriate records relevant to a student's education.

(2) Information obtained from student records remains the property of the supplying agency and shall be transferred or shared with other persons or agencies only consistent with 34 CFR 99.10.]

(3) A district or corrections education provider may only provide access to education records in accordance with FERPA.

 

R277-735-[8]9. [Corrections Education Records and Audits]Adult Education Standards .

Corrections adult education programs shall meet program standards defined in R277-733[-11A and B] and the Utah Adult Education Policies and Procedures Guide.

 

KEY: public education, custody[*], inmates[*]

Date of Enactment or Last Substantive Amendment: [May 8, 2014]2017

Notice of Continuation: March 14, 2014

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-403.5; 53A-1-401[(3)]