DAR File No. 42326

Education, Administration

Rule R277-621

District of Residence

Notice of Proposed Rule

(New Rule)

DAR File No.: 42326
Filed: 11/13/2017 09:21:55 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new Rule R277-621 is created in response to H.B. 125, Student Residency Amendments, from the 2017 General Session, that requires the Utah State Board of Education to make rules providing procedures for determining when a student qualifies as a resident of an alternative district of residency.

Summary of the rule or change:

This new rule provides definitions; procedures for determination and approval of an alternative district of residency; and procedures for determination and approval of an alternative district of residency for students at human services programs or health care facilities.

Statutory or constitutional authorization for this rule:

• Section 53A-2-201
• Art X Sec 3
• Section 53A-1-401

Anticipated cost or savings to:

the state budget:

The new Rule R277-621 will likely not result in a cost or savings to the state budget. The procedures for determination, approval, and designation as an alternative district of residency apply to local education agencies (LEAs).

local governments:

Enactment of this new rule may result in higher costs for an LEA that receives a qualifying student under provisions outlined in this rule. The costs in the student's former LEA may decrease. The amount of the cost increase or decrease will depend on multiple factors, such as, qualification of state funding, local property tax collections, student program qualification, etc. Costs are very speculative and cannot be determined at this time.

small businesses:

The amendments to Rule R277-621 will likely not result in a cost or savings to small businesses. The procedures for determination, approval, and designation as an alternative district of residency apply to LEAs.

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

The amendments to Rule R277-621 will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. The procedures for determination, approval, and designation as an alternative district of residency apply to LEAs.

Compliance costs for affected persons:

The amendments to Rule R277-621 will likely not result in any compliance costs for affected persons. The procedures for determination, approval, and designation as an alternative district of residency apply to LEAs.

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. The procedures for determination, approval, and designation as an alternative district of residency apply to LEAs.

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:

01/02/2018

This rule may become effective on:

01/09/2018

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

R277. Education, Administration.

R277-621. District of Residence.

R277-621-1. Authority and Purpose.

(1) This rule is authorized by:

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

(b) Section 53A-1-401, which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(c) Section 53A--2-201, which directs the Board to establish rules for determination of a student's district of residency in accordance with the statute.

(2) The purpose of this rule is to establish the procedure for reviewing a student's request for an alternative district of residency in accordance with Subsections 53A-2-201(2)(b)(iii) and 53A-2-201(2)(b)(iv).

 

R277-621-2. Definitions.

(1) "Alternative district" or "alternative district of residency" means a district, which may provide educational services, where a student resides:

(a) with a responsible adult, other than a custodial parent or legal guardian; or

(b) in a health care facility or human services program facility.

(2) "Health care facility" means the same as that term is defined in Section 26-21-2.

(3) "Human services program" means the same as that term is defined in Section 62A-2-101.

(4) "Review official" means a district employee designated by the district's superintendent to make an initial determination on a request for an alternative district of residence in accordance with this rule.

 

R277-621-3. Determination of Alternative District of Residency.

(1) A student's custodial parent or legal guardian may request a determination that the student's district of residency is a district other than where the student's custodial parent or legal guardian resides by filing a written request with an alternative district.

(a) The Superintendent shall provide a model form for use by a district to accept requests under this rule.

(b) A student request shall outline why the student should receive resident services from an alternative district in accordance with the criteria provided in:

(i) Subsection 53A-2-201(2)(b)(iii); or

(ii) Subsection 53A-2-201(2)(b)(iv).

(2) If an alternative district receives a request under Subsection (1), a district review official shall review the request and make a recommendation to the alternative district's local school board or designee on whether the student should be treated as a resident of the alternative district within ten business days.

(3) The student's custodial parent or legal guardian's district of residence is responsible for the student's education services pending a decision by the local school board or designee of an alternative district in accordance with this R277-621-3.

(4) If the local school board or designee of an alternative district approves a request under Subsection (1), the alternative district shall assume responsibility for providing educational services for the student and enroll the student immediately.

(5) The decision of the alternative district's local school board or designee shall be in writing and set forth the reasons for approving or denying the request in accordance with the statutory criteria.

(6)(a) If the alternative district denies a student request, the student may appeal the decision within ten business days to the Superintendent.

(b) The Superintendent shall rule on a request under Subsection (6)(a) within ten business days.

(7) If a request for an alternative district of residence is approved for a student qualifying for services under the IDEA, the alternative district shall conduct an IEP meeting with representation from the alternative district and the former district of residence under Subsection 53A-2-201(2)(a).

 

R277-621-4. Students at Human Services Program Facilities.

(1) A student approved for an alternative district of residency while attending a private human services program facility shall be entitled to the educational services of the alternative district at the alternative district's educational facilities designated by the alternative district.

(2) An alternative district of residency is not required to provide educational services on site at a private human services program facility, unless the IEP team of the alternative district determines that on site services are required to meet the needs of a student under federal law.

(3) The alternative district is not responsible for a student's required transportation between a health care facility or human services program facility and the school district's facility.

(4) The alternative district's local school board or designee may periodically reevaluate the non-resident student's eligibility for education services by the alternative district as described in Subsections 53A-2-201(2)(b)(iii) or (iv).

 

KEY: students, alternative district of residency

Date of Enactment or Last Substantive Amendment: 2018

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401; 53A-2-201