DAR File No. 43191

Education, Administration

Rule R277-708

Enhancement for At-Risk Students

Notice of Proposed Rule

(Amendment)

DAR File No.: 43191
Filed: 09/13/2018 02:04:53 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Amendments to this rule are in response to S.B. 145, H.B. 132, and S.B. 2 passed during the 2018 General Session, which amended the formula requirements for distribution of the Enhancement for At-Risk Students (EARS) Program.

Summary of the rule or change:

Amendments to this rule are in response to S.B. 145, H.B. 132, and S.B. 2 (2018), which amended the formula requirements for distribution of the EARS Program. During the 2018 General Session, the Legislature also increased the appropriation to the EARS program by $10,000,000. The total ongoing appropriation for the program for the 2018 - 19 school year is $38,000,000.

Statutory or constitutional authorization for this rule:

• Subsection 53E-3-401(4)
• Article X Section 3
• Section 53F-2-410

Anticipated cost or savings to:

the state budget:

Amendments to this rule are in response to S.B. 145, H.B. 132, and S.B. 2 (2018), which amended the formula requirements for distribution of the EARS Program. During the 2018 General Session, the Legislature also increased the appropriation to the EARS program by $10,000,000. The total ongoing appropriation for the program for the 2018-19 school year is $38,000,000. Because increased money was provided by the Legislature for the program, there will be no impact due to these rule changes.

local governments:

Amendments to this rule are in response to S.B. 145, H.B. 132, and S.B. 2 (2018), which amended the formula requirements for distribution of the EARS Program. During the 2018 General Session, the Legislature also increased the appropriation to the EARS program by $10,000,000. The total ongoing appropriation for the program for the 2018-19 school year is $38,000,000. Because increased money was provided by the Legislature for the program, there will be no impact due to these rule changes.

small businesses:

These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures because the amendments to this rule are in response to S.B. 145, H.B. 132, and S.B. 2 (2018), which amended the formula requirements for distribution of the EARS Program. During the 2018 General Session, the Legislature also increased the appropriation to the EARS program by $10,000,000. The total ongoing appropriation for the program for the 2018-19 school year is $38,000,000.

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

These rule changes are not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because these amendments affect the distribution of money to school districts and charter schools. Amendments to this rule are in response to S.B. 145, H.B. 132, and S.B. 2 (2018), which amended the formula requirements for distribution of the EARS Program. During the 2018 General Session, the Legislature also increased the appropriation to the EARS program by $10,000,000. The total ongoing appropriation for the program for the 2018 - 19 school year is $38,000,000.

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:

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). These rule changes has no material fiscal impact on local education agencies aside from the increased funds available through appropriations and will not have a fiscal impact on non-small or small businesses. 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 801-538-7550, 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:

10/31/2018

This rule may become effective on:

11/07/2018

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
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 in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). These rule changes have no material fiscal impact on local education agencies aside from the increased funds available through appropriations and will not have a fiscal impact on non-small or small businesses.

 

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.

R277-708. Enhancement for At-Risk Students.

R277-708-1. 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;

(b) Section [53A-17a-166]53F-2-410, which directs the Board to manage the Enhancement for At-Risk Students interventions by:

(i) developing a funding formula;

(ii) developing performance criteria;

(iii) [administering the]supporting LEA implementation of evidence-based interventions;

(iv) distributing the appropriation; and

(v) monitoring and reporting the effectiveness of the evidence-based interventions; and

(c) Subsection [53A-1-401]53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.

(2)(a) The purpose of this rule is to establish criteria and procedures for distributing Enhancement for At-Risk Students funds to LEAs.

(b) The intent of the rule and the legislative appropriation is to improve academic achievement of students who are at risk of academic failure.

 

R277-708-2. Definitions.

(1) "At-risk of academic failure" means a k-12 public school student who:

(a) scores below proficient on a Board or LEA approved assessment; or

(b) meets an LEA governing board's approved definition of at-risk of academic failure.

(2) "Available funds" means the total funds appropriated for the Enhancement for At-Risk Students interventions, less funding designated for gang prevention under Subsection [53A-17a-166(1)(b)(i)]53F-2-410(1)(b)(i).

(3) "Chronic absenteeism" means the number of students within an LEA who:

(a) were enrolled in the LEA 60 calendar days or more; and

(b) missed 10% or more days of instruction, whether the absence was excused or not.

[(3) "Data Clearinghouse" means the electronic data collection system used by the Superintendent to collect information required by law from LEAs about individual students at certain points throughout the school year to support the allocation of funds and accountability reporting.](4) "Homeless child" or "homeless youth" means the same as that term is defined in R277-616-2.

(5) "Homelessness" means the number of students within an LEA identified as homeless youth.

[(4)](6) "LEA governing board" means:

(a) a charter school governing board; or

(b) a district's local school board.

[(5)](7) "LEA share" means the percentage of k-12 students from an LEA who are at risk of academic failure compared to the total count for the state of Utah from the previous school year.

[(6)](8) "Limited English Proficiency" or "LEP" means the total number of English learner or "EL" students in an LEA from the October 1 count from the previous school year[, including:

(a) the number of EL students receiving] who received a score of 1-4 on the English language proficiency assessment[; and].

[(b) the number of students previously classified as English Proficient based on a score of 5 or 6 on the English language proficiency assessment.]

[(7)](9) "Low performance on a statewide assessment" means the unduplicated count of k-12 students from an LEA scoring below proficient in Reading/Language, Math, and Science on one of the following exams from the previous school year:

(a) [the Student Assessment of Growth and Excellence (SAGE)]for students in grades 3 through 8, the Readiness Improvement Success Empowerment (RISE) standards assessment;

(b) for students in grades 9 and 10, Utah Aspire;

[(b)](c) the Special Education [adaptive testing Dynamic Learning Maps or "DLM"]alternate assessment; or

[(c)](d) other Board approved assessment.

[(8)](10) "Mobility" means the number of k-12 students enrolled less than 160 days or its equivalent in one school within a school year, as determined by the prior year's year-end average daily membership submission.

[(9)](11) "Poverty" means the total number of k-12 students in an LEA reported as economically disadvantaged using federal child nutrition income eligibility guidelines for free or reduced-priced under the federal school lunch program from the official October 1 enrollment count from the previous school year.

(12) "Truancy" or "truant student" means a student absent without a valid excuse.

(13) "UTREx System" means the electronic data collection system used by the Superintendent to collect information required by law from LEAs about individual students at certain points throughout the school year to support the allocation of funds and accountability reporting.

(14) "Valid excuse" means the same as that term is defined in Section 53G-6-201.

 

R277-708-3. Allocation of Enhancement for At-Risk Student Funds.

[(1) The Superintendent shall award available funds to an LEA based on an equal weighting of:

(a) low performance on a Board approved assessment;

(b) poverty;

(c) mobility; and

(d) limited English proficiency.]

([2]1) The Superintendent shall base an LEA's allocation on the certified data from the [Data Clearinghouse]UTREx System using the most recent school year for which data is complete and available.

([3]2) The Superintendent shall use the following funding formula to determine an LEA base to distribute to LEAs:

(a) the Superintendent shall annually calculate 4% of the state appropriation of the Enhancement for At-Risk Students funding available for LEA grants to provide a base amount to LEAs.

(b) The Superintendent shall divide the base amount described in Subsection ([3]2)(a) equally among all eligible LEAs.

([4]3) The Superintendent shall annually calculate 20% of the state appropriation of the Enhancement for At-Risk Students on a per school basis to provide a targeted amount to LEAs with traditional elementary schools, secondary schools, and alternative high schools with at least 75% poverty.

[(5) Of the funds remaining after the distributions described in Subsections (3) and (4), the Superintendent shall determine an LEA's share based on the LEA's percentage of students with at-risk factors for the state.

(6) The Superintendent shall use data from the Board's Data Warehouse for each LEA from the previous school year to determine the students who qualify under the following definitions:]

(4)(a) Subject to Subsection (4)(b), the Superintendent shall award remaining funds to an LEA based on the LEA's number of students who meet any of the following criteria:

([a]i) low performance on a Board approved assessment;

([b]ii) poverty;

([c]iii) mobility;[ and]

([d]iv) limited English Proficiency[.];

(v) chronic absenteeism; and

(vi) homelessness.

(b) When counting the number of students within an LEA who meet the criteria described in Subsection (4)(a), the Superintendent shall:

(i) for a student who meets one criterion, count the student once; and

(ii) for a student who meets more than one criterion, count the student for each criterion the student meets, up to three criteria.

[(7) The Superintendent shall allocate funds appropriated for at-risk factors to each LEA based on the LEA's proportion of at-risk factors in comparison to the statewide total.]

([8]5) The Superintendent shall notify an LEA that qualifies for funding of the LEA's level of funding annually by May 1.

 

R277-708-4. Fiscal Procedures.

(1) An LEA shall submit its application to the Superintendent annually by November 1 through the Board's grant management system.

(2) The Superintendent shall distribute available funds to LEAs with an approved application monthly based on a one-twelfth distribution beginning on July 1.

(3) Except as provided in Subsection (5)(a), an[An] LEA shall spend all allocated funds annually by June 30.

(4) An LEA that accepts funds for Enhancement for At-Risk Students intervention services shall be subject to Board accounting, auditing, and budgeting rules and policies.

(5)(a) With written approval from the Superintendent, an LEA may carry over and spend up to ten percent [or $50,000, whichever is less, ]of state Enhancement for At-Risk Student funds in the next fiscal year.

(b) An LEA shall submit a request to carry over funds under Subsection (5)(a) to the Superintendent annually.

(c) An LEA shall detail approved carry over amounts in a revised budget submitted with the LEA's application described in Subsection (1) and through the Board's grant management system.

(d) The Superintendent shall review and approve a revised budget submitted under Subsection (5)(c) no later than [October]December 1 in the year submitted.

 

R277-708-5. Application Process.

(1) An LEA may use funds for activities that support academic achievement of students who are at risk of academic failure[.], including addressing truancy.

(2) An LEA shall establish the following to include in the LEA's application for Enhancement for At-Risk Student money:

(a) supporting the specific measurable goals aligned to the growth goals in the state accountability system, including a baseline measurement, related to increased academic achievement of students at-risk of academic failure;

[(b) proposed activities that are directly tied to the LEA's plan to increase student achievement;]

[(c)](b) a copy of the LEA's comprehensive plan for student and classroom management, and school discipline required in Section R277-609-4; and

[(d)](c) if the LEA establishes an LEA specific definition of a student at-risk of academic failure as described in Subsection R277-708-2(1)(b), the LEA governing board's approved definition of a student at-risk of academic failure.

(3) Annually, an LEA shall provide the following information to the Superintendent:

(a) a report of the LEA's use of funds through the annual financial reporting process;

(b) the LEA's outcome data related to the specific measurable goals included in the LEA's application; and

(c) a report of intervention effectiveness based on performance criteria defined by the Superintendent.

 

R277-708-6. Oversight: Monitoring, Evaluation and Reports.

[(1) The Superintendent may recommend that the Board designate no more than one percent of the total appropriation from the Enhancement for At-Risk Students to be used specifically by the Superintendent for oversight, monitoring and evaluation of:

(a) LEA implementation of the intervention; and

(b) compliance with state law and this rule.]

[(2)](1)(a) The Superintendent shall conduct tri-annual intervention reviews of each LEA receiving Enhancement for At-Risk Students funding to ensure intervention compliance.

(b) In the Superintendent's discretion or for good cause, the Superintendent may conduct additional formal or informal:

(i) monitoring;

(ii) reviews; or

(iii) site visits.

[(3)](2) If the Superintendent identifies violations as a result of a review described in Subsection [(2)](1)(a), an LEA shall prepare and submit to the Superintendent a written corrective action plan for each finding made by the Superintendent.

[(4)](3) If an LEA fails to resolve findings identified by the Superintendent under Subsection [(3)](2), the Superintendent may [withhold funds]implement corrective action as provided in R277-114.

 

R277-708-7. Gang Prevention and Intervention Funds.

(1) Consistent with Subsection [53A-17a-166(1)(b)]53F-2-410(1)(b), the Superintendent shall distribute funding to LEAs for gang prevention and intervention.

(2) An LEA desiring to receive gang prevention and intervention funds shall submit a proposal consistent with Rule R277-436.

 

KEY: students at risk

Date of Enactment or Last Substantive Amendment: [ March 14, ]2018

Notice of Continuation: September 15, 2016

Authorizing, and Implemented or Interpreted Law: Art . X Sec 3; [ 53A-17a-166 ] 53F-2-410 ; [ 53A-1-401 ] 53E-3-401(4)