DAR File No. 42805

Education, Administration

Rule R277-725

Electronic High School

Notice of Proposed Rule

(Repeal)

DAR File No.: 42805
Filed: 04/16/2018 01:45:50 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed repeal is due to legislative funding cuts, the Electronic High School is no longer operating. Therefore, Rule R277-725 is no longer necessary. Utah State Board of Education recommends this rule be repealed.

Summary of the rule or change:

This proposed repeal is due to legislative funding cuts, the Electronic High School is no longer operating. Therefore, Rule R277-725 is no longer necessary. The Electronic High School classes ended in March 2017 with no additional funding provided for the Electronic High School. This rule is repealed in its entirety.

Statutory or constitutional authorization for this rule:

• Section 53A-17a-131.15
• Art X Sec 3
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There is no aggregate anticipated cost or savings to the state budget.

local governments:

There is no aggregate anticipated cost or savings to local governments.

small businesses:

There is no aggregate anticipated cost or savings to small businesses.

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

There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

The repeal of Rule R277-725 is not estimated to have a fiscal impact. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities on the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. This proposed rule repeal is not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with the Electronic High School formerly run by the Utah State Board of Education and does not require any expenditures of or generate any revenues for large businesses. This rule repeal will not have a fiscal impact because the Legislature reallocated the ongoing funding for Electronic High School during the 2016 General Session. The Electronic High School classes ended in March 2017 with no additional funding provided for Electronic High School. Thus, repealing this rule is in line with changes already made by the Legislature. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

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:

05/31/2018

This rule may become effective on:

06/07/2018

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

The repeal of Rule R277-725 is not estimated to have a fiscal impact. There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities on the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. This proposed rule repeal is not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with the Electronic High School formerly run by the Utah State Board of Education and does not require any expenditures of or generate any revenues for large businesses.

 

This rule change will not have a fiscal impact because the Legislature reallocated the ongoing funding for Electronic High School during the 2016 General Session. The Electronic High School classes ended in March 2017 with no additional funding provided for Electronic High School. Thus, repealing this rule is in line with changes already made by the Legislature.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

[R277-725. Electronic High School.

R277-725-1. Definitions.

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

B. "Electronic high school" means a rigorous program offering 9-12 grade level courses delivered over the Internet and coordinated by the USOE.

C. "Home-schooled student" means a student who attends no more than two regularly scheduled classes or courses in a public school per semester as defined under Section 53A-11-102.

D. "Open entry/open exit" means:

(1) a method of instructional delivery that allows for flexible scheduling in response to individual student needs or requirements and demonstrated competency when knowledge and skills have been mastered; and

(2) students have the flexibility to begin or end study at any time, progress through course material at their own pace, and demonstrate competency when knowledge and skills have been mastered.

E. "Unit of credit" means credit awarded for courses taken with school district/school approval and successfully completed by students. A student may also earn units of credit by demonstrating subject mastery through district/school approved methods.

F. "USOE" means the Utah State Office of Education.

 

R277-725-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution, Article X, Section 3 which vests general control and supervision of the public schools in the Board, Section 53A-1-401(3) which authorizes the Board to adopt rules in accordance with its responsibilities, and Section 53A-17a-131.15 which directs the Board to have a rule for distribution of funds for the electronic high school program.

B. The purpose of this rule is to provide minimum standards, definitions, and procedures for distribution of funds and coordination of the electronic high school program.

 

R277-725-3. Electronic High School Funding.

The USOE shall maintain and distribute funds appropriated by the Legislature for the electronic high school program.

 

R277-725-4. Courses and Credit.

A. Curriculum, course offerings and course availability shall be determined by the USOE Electronic High School Principal following consultation with school district personnel and USOE specialists to determine demand and curriculum requirements.

B. Courses shall be offered in an open-entry open-exit format. In a student's first week of enrollment in a course, a student shall be assigned to a cohort group with the expectation of class completion within seven to ten weeks.

C. Courses shall be designed to be competency-based, with no specific student seat time requirement.

D. Schools or school districts shall accept credits that students earn through the electronic high school.

 

R277-725-5. Student Eligibility for Enrollment.

A. There are no age or grade restrictions for Utah students to enroll in electronic high school courses.

B. Students are accepted into electronic high school courses on a first-come first-served basis.

C. A student may register for electronic high school courses at the public school where the student currently attends. The public school shall notify the student's counselor within the first four weeks of enrollment to assure that the course is consistent with the student's SEOP/plan for college and career readiness.

D. The school counselor shall assist students in evaluating courses required for and offered through the electronic high school.

 

R277-725-6. Electronic High School Services to Students with Disabilities.

Students with disabilities who may need additional services or resources and who seek to enroll in electronic high school classes may request appropriate accommodations through the students' assigned schools or school districts.

 

R277-725-7. Student Fees or Tuition.

A. Electronic high school courses are provided to students who are Utah residents, as defined under Section 53A-2-201(1), free of charge.

B. Students whose parents/legal guardians are not Utah residents, consistent with Section 53A-2-201, may enroll in electronic high school courses for a fee of $150 per quarter course provided that the course can accommodate additional students.

 

R277-725-8. Teacher Requirements and Payments.

A. All electronic high school teachers are licensed Utah educators consistent with Section 53A-6.

B. Electronic high school teachers are paid an hourly wage according to their contract negotiated with the USOE.

C. All electronic high school teachers shall be subject to laws and administrative rules for Utah educators, including the state and federal Family Educational Rights and Privacy Act, Sections 53A-13-301 and 302, and 20 U.S.C. Section 1232g and 34 C.F.R. Part 99; child abuse reporting requirements; and Professional Standards for Utah Educators, R686-103.

 

R277-725-9. Electronic High School Credit and Diplomas.

A. The Electronic high school may award diplomas to students consistent Section 53A-15-1007 as adequate courses and funding are available, required for graduation.

B. The student's resident school personnel shall assist prospective graduates, to the extent of resources available, with transcript evaluation and suggestions for completing graduation requirements required beyond the electronic high school curriculum.

 

KEY: electronic high school

Date of Enactment or Last Substantive Amendment: June 9, 2014

Notice of Continuation: April 4, 2014

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-17a-131.15]