R277.  Education, Administration.
R277-438.  Dual Enrollment.
R277-438-1.  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)  Subsection 53E-3-501(1)(b)(i), which directs the Board to establish rules and minimum standards for access to programs;
	(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; and
	(d)  Section 53G-6-702, which governs dual enrollment.
	(2)  The purpose of this rule is to provide consistent statewide procedures and criteria for a home school and private school student's participation in a public school course, co-curricular activity, or program.

R277-438-2.  Definitions.
	(1)  "Co-curricular activity" means a school district or school activity, course, or experience, outside of school hours, that also includes a required regular school day component.
	(2)  "Dual enrollment student" means a student who is enrolled simultaneously in:
	(a)  a private school or home school; and
	(b)  a public school.
	(3)  "Eligibility" means a student's fitness and availability to participate in a school course, activity, or program governed by this rule that is determined by a number of factors, including:
	(a)  residency;
	(b)  scholarship;
	(c)  age; and
	(d)  the number of semesters of participation in a particular course, activity, or program.
	(4)  "Full-time student" means a student earning the school district designated number and type of credits required for participation in a course, activity, or program in the school district in which the student's parent resides.
	(5)  "Home school" means a school in the state comprised of one or more students officially excused from compulsory public school attendance under Section 53G-6-204.
	(6)  "Private school" means a school in the state that:
	(a)  is maintained by a private individual or corporation;
	(b)  is maintained and operated not at public expense;
	(c)  is generally supported, in part at least, by tuition fees or charges;
	(d)  operates as a substitute for, and gives the equivalent of, instruction required in a public school;
	(e)  employs a teacher able to provide the same quality of education as a public school teacher;
	(f)  is established to operate indefinitely and independently, not dependent upon age of the students available or upon individual family situations; and
	(g)  is licensed as a business by the Department of Commerce.
	(7)(a)  "Resident school" means a public school:
	(i)  that is under the control of a local school board elected under Title 20A, Chapter 14, Nomination and Election of State and Local School Boards; and
	(ii)  within whose boundaries a student's custodial parent resides.
	(b)  "Resident school" does not mean a charter school or online school.
	(8)  "Student participation fee" means a fee charged to all participating students by the resident school for enrollment in a course, program, or co-curricular school activity consistent with Rule R277-407.

R277-438-3.  Private and Home School Student Participation in a Public School Course, Co-curricular Activity, or Program.
	(1)  A student who is exempt from compulsory public school education by a local school board for instruction in a private or home school may enroll in the student's resident school as a dual enrollment student and participate in a course, co-curricular activity, or program at the student's resident school if the student:
	(a)  takes courses comparable to resident school courses or earns credit under options outlined in Section R277-700-6 in at least as many of the designated courses as required by the local school board of a student for participation in the course, co-curricular activity, or program; or
	(b)  demonstrates competency to the satisfaction of the LEA in the subject matter taught in the courses required by the local school board of a student for participation the course, co-curricular activity or program.
	(2)  A public school that is not the student's resident school may allow a private or home school student to enroll in the public school, including in a single course or program, as a dual enrollment student, at the discretion of the public school, and in accordance with Subsection 53G-6-703(2)(d).
	(3)(a)  A private school dual enrollment student is eligible to participate in a course, co-curricular activity, or program consistent with the eligibility standards for a full-time student, including providing a report card to the resident school or other school described in Subsection (2) upon request.
	(b)  A home school dual enrollment student is eligible to participate in a course, co-curricular activity, or program if eligibility standards are met consistent with Subsections 53G-6-703(5) through 53G-6-703(14).

R277-438-4.  Fees for Private and Home School Students.
	A school or school district shall waive a student participation fee for a dual enrollment private or home school student if:
	(1)  the student is eligible; and
	(2)  the parent provides required documentation under Section 53G-7-504 and Rule R277-407, School Fees.

R277-438-5.  Miscellaneous Issues.
	(1)  A dual enrollment student attending an activity or a portion of a school day under Section 53G-6-702 is subject to the same behavior and discipline rights and requirements of a full-time student.
	(2)  A dual enrollment student who attends an activity or a portion of the school day is subject to the administrative scheduling and teacher discretion of the public school.
	(3)(a)  A dual enrollment student with a disability may participate as a dual enrollment student consistent with law, this rule and 34 CFR 300.450 through 300.455.
	(b)  A public school that enrolls a dual enrollment student shall prepare an IEP for a student described in Subsection (3)(a) prior to the student's participation in dual enrollment using comparable procedures to those required for identifying and evaluating public school students.
	(c)  A student with a disability seeking dual enrollment is entitled to services for the time, or for the number of courses, the student is enrolled in the public school, based on the decision of the student's IEP team.
	(d)  Decisions about the scheduling and manner of services provided is the responsibility of the enrolling public school and school district personnel.
	(e)  A school or a school district is not prohibited from providing a service to a student who is not enrolled full time in excess of those required by this section.

KEY:  public education, dual enrollment
Date of Enactment or Last Substantive Amendment:  December 8, 2016
Notice of Continuation:  October 14, 2016
Authorizing, and Implemented or Interpreted Law:  Art X Sec 3; 53E-3-501(1)(b)(i); 53E-3-401(401); 53G-6-702