No. 35536 (Amendment): Rule R277-426. Definition of Private and Non-Profit Schools for Federal Program Services

(Amendment)

DAR File No.: 35536
Filed: 12/14/2011 02:42:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to update terminology and remove required student count provisions that are contrary to the Individual with Disabilities Education Act (IDEA).

Summary of the rule or change:

The amendments provide updated terminology and language to make the rule consistent with the IDEA.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Subsection 53A-1-402(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The amendments update terminology and language to make the rule consistent with the IDEA and do not result in a cost or savings.

local governments:

There are no anticipated costs or savings to local government. The amendments update terminology and language to make the rule consistent with the IDEA and do not result in a cost or savings.

small businesses:

There are no anticipated costs or savings to small businesses. This rule and the changes apply to public education and do not affect businesses.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The amendments update terminology and language to make the rule consistent with the IDEA and do not result in a cost or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. This change updates terminology and language to make the rule consistent with the IDEA and does not result in compliance costs.

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

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

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:

01/31/2012

This rule may become effective on:

02/07/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-426. Definition of Private and Non-Profit Schools for Federal Program Services.

R277-426-1. Definitions.

"Board" means the Utah State Board of Education.

 

R277-426-2. Authority and Purpose.

A. This rule is authorized by Article X, Section 3 of the Utah Constitution which vests general control and supervision of public education in the Board, Section 53A-1-402(3)[, U.C.A. 1953,] which allows the Board to administer federal funds and to distribute them to eligible applicants, and Section 53A-1-401(3)[, U.C.A. 1953,] which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to define requirements that private, non-public, and non-profit schools must meet to receive services under federal laws requiring the public education system to serve students in these schools.

 

R277-426-3. Qualifications.

For the purposes of receiving services under federal programs which permit such:

A. "Private or non-public school" means a school which:

(1) is owned and operated by an individual, a religious institution, a partnership, or a corporation other than the State, a subdivision of the State, or by the Federal government;

(2) is supported primarily by other than public funds;

(3) vests the operation and determination of its program with other than publicly-elected or appointed officials;

(4) teaches the required subjects on each grade level as designated by the Board for the same length of time as students must be taught in the public schools;

(5) is properly licensed if so required by the appropriate governmental jurisdiction;

(6) complies with any state and local ordinances and codes pertaining to the operation of that type facility or institution; and

[ (7) has enrolled in the school no fewer than ten students eligible for participation in the federal program.

] (7) is not a charter school.

B. "Non-profit school" means a school which:

(1) is not a part of the public school system;

(2) is operated with no intention of making a profit;

(3) does not exist to provide educational services to students enrolled in for profit residential programs;

([3]4) possesses a State of Utah Tax Exemption number and a United States Internal Revenue Service [Tax Exception number]Employer Identification Number (EIN) and a favorable Exempt Organization Determination Letter;

([4]5) teaches the required subjects on each grade level as designated by the Board for the same length of time as students must be taught in the public schools;

([5]6) is properly licensed if so required by the appropriate governmental jurisdiction; and

([6]7) complies with any state and local ordinances and codes pertaining to the operation of that type facility or institution[; and

(7) has enrolled in the school no fewer than ten students eligible for participation in the federal program].

 

KEY: education finance, private schools

Date of Enactment or Last Substantive Amendment: [1987]2012

Notice of Continuation: October 5, 2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(3); 53A-1-401(3)

 

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