Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since August 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R277. Education, Administration.

Rule R277-707. Enhancement for Accelerated Students Program.

As in effect on August 1, 2019

Table of Contents

R277-707-1. 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 53F-2-408, which requires the Board to establish a distribution formula for the expenditure of funds appropriated for the Enhancement for Accelerated Students Program; and

(c) Subsection 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 specify the procedures for distributing funds appropriated under Section 53F-2-408 to LEAs.

(b) The intent of this appropriation is to provide resources to LEAs to enhance the academic growth of accelerated students.

R277-707-2. Definitions.

(1) "Accelerated students" means students participating in accelerated programs.

(2) "Accelerated programs" means student services with increased depth, complexity, or rigor, which may include above-grade level coursework, including:

(a) Gifted and Talented programs;

(b) IB programs; or

(c) AP courses.

(3) "Advanced placement" or "AP" courses means rigorous courses developed by the College Board where:

(a) each course is developed by a committee composed of college faculty and AP teachers, and covers the breadth of information, skills, and assignments found in the corresponding college course; and

(b) students who perform well on the AP exam may be:

(i) granted credit; or

(ii) advanced standing at participating colleges or universities.

(4)(a) "Gifted and talented programs" means programs to identify, through multiple assessment instruments, and serve students with outstanding abilities who have potential for high performance in the following areas:

(i) general intellectual ability;

(ii) specific academic aptitude; and

(iii) creative or productive thinking.

(b) Instruments for identifying gifted and talent students shall not be solely dependent upon English vocabulary or comprehension skills and shall take into consideration abilities of culturally diverse students and students with disabilities.

(5) "International Baccalaureate" or "IB" Program means one of the following programs established by the International Baccalaureate Organization:

(a) the Diploma Program;

(b) the Middle Years Program; or

(c) the Primary Years Program.

(6) "Parent" means a student's parent, legal guardian, or a responsible adult with a power of attorney meeting the requirements of Subsection 53G-6-302(4).

(7) "Underrepresented students" means a subset of students, as determined by an LEA and approved by the Superintendent, that holds a smaller percentage in a program as compared to the overall school population.

(8) "Weighted Pupil Unit" means the basic state funding unit.

R277-707-3. Eligibility and Application.

(1) All LEAs are eligible to apply for the Enhancement for Accelerated Students Program funds annually.

(2) An LEA shall have a process for identifying students whose potential could be supported by accelerated programs.

(3) To receive program money, an LEA shall submit an application to the Superintendent that includes an LEA's plan for:

(a) how the LEA intends to engage all parents so that parents understand the opportunities available for their children in elementary, middle school, high school and beyond, including how the LEA will comply with Rule R277-462;

(b) how the LEA intends to spend program money; and

(c) how the LEA intends to eliminate barriers and increase enrollment of underrepresented students in accelerated academic programs.

(4) The Superintendent shall publish outlines and required submission dates related to an LEA application and plan for increasing enrollment of underrepresented students in accelerated academic programs.

R277-707-4. Distribution and Use of Funds.

(1) The Superintendent shall distribute Enhancement of Accelerated Students program funds as follows:

(a) the greater of 1.5% or $100,000 to support IB programs;

(b) 60% of funds to LEAs to support Gifted and Talented programs; and

(c) the remaining funds to LEAs to support AP programs.

(2)(a) The Superintendent shall determine funding to be awarded to an LEA's IB programs by:

(i) dividing the number of students enrolled in an LEA's IB program by the total enrollment of students in IB programs throughout the state; and

(ii) multiplying the result from Subsection (2)(a)(i) by the total IB allocation.

(b) The Superintendent shall determine 50% of the funding to be awarded for an LEA AP programs by:

(i) dividing the number of students enrolled in an LEA's AP classes by the total enrollment of students in AP classes throughout the state; and

(ii) multiplying the result from Subsection (2)(b)(i) by half of the total AP allocation.

(c) The Superintendent shall determine 50% of the funding to be awarded for LEA AP programs by:

(i) dividing the number of students in the LEA receiving a two or higher on an AP examination by the total number of students receiving a two or higher on an AP examination throughout the state; and

(ii) multiplying the result from Subsection (2)(c)(i) by half of the total AP allocation.

(3) If an LEA fails to demonstrate progress in meeting plan goals for placing and retaining underrepresented students in accelerated programs, the Superintendent may:

(a) place the LEA on probation and provide targeted technical assistance; and

(b) reduce funding to the LEA.

(4) Subject to the general requirements of Section R277-700-7:

(a) A middle school or high school:

(i) shall provide all course registration opportunities to each student; and

(ii) through consultation with students, parents, educators, and administrators, may consider academic readiness, but may not require prerequisites for enrolling in an AP or IB course.

(b) A school that offers a program eligible for funding under Section 53F-2-408, may not prohibit a student from enrolling in the course based on the student's:

(i) grades or grade point average;

(ii) state standardized assessment scores; or

(iii) referral or lack of a referral from an educator;

(c) In addition to the restrictions listed in Subsection (d), a middle school or high school may not prohibit a student from enrolling in a course based on the student's:

(i) grade level;

(ii) participation in or passing a pre-requisite course;

(iii) participation in or passing an honors-level or college-preparatory course; or

(iv) requirements over the summer.

(5) An LEA may use Enhancement for Accelerated Students Program funds for:

(a) gifted and talented programs, including professional learning for teachers;

(b) identification of underrepresented students;

(c) Advanced Placement courses;

(d) Advanced Placement test fees of eligible low-income students, as defined in Section 53F-2-408;

(e) International Baccalaureate programs; or

(f) International Baccalaureate test fees of eligible low-income students, as defined in Section 53F-2-408.

R277-707-5. Performance Criteria and Reports.

(1) An LEA receiving funds shall submit an annual evaluation report to the Superintendent consistent with Section 53F-2-408.

(2) An LEA shall present the evaluation report identified in Subsection (1) to the LEA's local board in a public meeting.

(3) The report shall include the following performance criteria related to the identified students whose academic achievement is accelerated, which shall be disaggregated by groups as defined in the State Accountability System:

(a) number of elementary, middle school, and high school students participating in Gifted and Talented programs;

(b) number of AP classes taken, completed, and exams passed with a score of 2 or above;

(c) number of IB classes taken, completed, and exams passed with a score of 4 or above; and

(d) evidence of stakeholder input demonstrating that the LEA engaged parents;

(4) As part of the LEA's annual report under Subsection (1), an LEA shall provide assurances that the LEA is:

(a) increasing enrollment of underrepresented students in the LEA's accelerated academic courses; or

(b) meeting goals in the LEA's plan to increase enrollment and retention of underrepresented students in the LEA's accelerated academic courses.

KEY

accelerated learning, enhancement programs

Date of Enactment or Last Substantive Amendment

July 2, 2019

Notice of Continuation

May 16, 2016

Authorizing, Implemented, or Interpreted Law

Art X Sec 3; 53F-2-408; 53E-3-401(4)


Additional Information

Contact

For questions regarding the content or application of rules under Title R277, please contact the promulgating agency (Education, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.