No. 41094 (Amendment): Rule R277-915. Work-Based Learning Programs for Interns

(Amendment)

DAR File No.: 41094
Filed: 12/14/2016 03:04:08 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-915 is amended to provide updates to terminology, move provisions regarding work-based learning from Rule R277-916 to this rule, and provide technical and conforming changes consistent with the Rulewriting Style Manual.

Summary of the rule or change:

The amendments to Rule R277-915 provide changes to definitions and move provisions from Rule R277-916 to this rule.

Statutory or constitutional authorization for this rule:

• Art X, Sec 3
• Section 53A-29-102
• Section 53A-1-401

Anticipated cost or savings to:

the state budget:

The amendments to Rule R277-915 provide updates to terminology and move provisions, which likely will not result in a cost or savings to the state budget.

local governments:

The amendments to Rule R277-915 provide updates to terminology and move provisions, which likely will not result in a cost or savings to local government.

small businesses:

The amendments to Rule R277-915 provide updates to terminology and move provisions, which likely will not result in a cost or savings to small businesses.

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

The amendments to Rule R277-915 provide updates to terminology and move provisions, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The amendments to Rule R277-915 provide updates to terminology and move provisions, which likely will not result in any compliance costs for affected persons.

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

To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule.

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 [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:

01/31/2017

This rule may become effective on:

02/07/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-915. Work-based Learning Programs[for Interns.]

R277-915-[2]1 . Authority and Purpose.

[A.](1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision [of]over public education in the Board;

(b) Section 53A-1-401, which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(c) [by ]Section 53A-29-102, which [provides that the Board shall provide rules to schools wishing to offer and operate internships in connection with work experience and career exploration programs; and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.]allows schools to offer WBL programs in accordance with Board rules.

[B.](2) The purpose of this rule is to provide [direction to LEAs as they provide work-based learning programs and to establish criteria to be included in those polices.]standards for WBL programs.

 

R277-915-[1]2. Definitions.

[A. "Board" means Utah State Board of Education.]

[C.](1) "LEA" [means a local education agency, including local school boards/public school districts, charter schools, and]includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

[B.](2)(a) "[Intern]Participant" means a student enrolled in a school-sponsored work experience and career exploration program under Section 53A-29-102 involving both classroom instruction and work experience with a cooperating employer, for which the student may or may not receive[s no] compensation.

(b) Participant may include a student completing an apprenticeship.

(c) Participant does not include a student on work release.

[D.](3) "School-based enterprise" means a business[es] set up and run by supervised students learning to apply ["]practical["] skills in the production of goods or services for sale or use by others.

[E.](4) "Work site" or "workplace" means the actual location where employment occurs for a particular occupation[(s)], or an environment that simulates all aspects[/] or elements of that employment, [for instance]including school-based enterprises.

[F.](5) "Work-based learning" or "WBL" means [activities that involve actual work experience or connect classroom learning to work.]a continuum of awareness, exploration, preparation, and training activities that combine structured learning and authentic work experiences implemented through industry and education partnerships.

 

R277-915-3. Mandatory LEA Policy.

[A. Each]An LEA that has [work-based learning]WBL programs that include assigning students to act as [interns]participants at off-campus sites or in on-campus simulations shall establish a policy which [provides procedures and criteria for at least]includes the following[ issues]:

(1) training for student [interns]participants, student [intern]participant supervisors, and cooperating employers regarding health hazards and safety procedures in the workplace;

(2) standards and procedures for approval of off-campus work sites;

(3) transportation options for students to and from the work site;

(4) appropriate supervision by employers at the work site;

(5) adequate insurance coverage provided and identified either by the student, the program , or the LEA;

(6) appropriate supervision and [evaluation]assessment of the student by the LEA;[ and]

(7) appropriate involvement and approval by the student's parents in the [work-based intern]WBL program[.];

(8) provision for risk or liability inherent in the WBL program developed in consultation with State Risk Management or the LEA's insurance provider; and

(9) a requirement that any WBL credit awarded maintains the integrity and rigor expected for high school graduation, as determined by the Board.

 

R277-915-4. Disbursement of Funds.

(1) The Superintendent shall align public elementary, secondary, and postsecondary or adult schools by LEA.

(2) The proportion of total WBL funding allocated for a participating LEA shall remain the same as the previous year unless:

(a) the LEA discontinues the program;

(b) the LEA does not meet program standards; or

(c) LEA proportions are adjusted by the Board.

(3) A participating LEA shall provide an equal match in funds to state appropriated WBL funds.

 

R277-915-5. Standards.

(1) WBL shall be integrated into all levels of the educational delivery system and shall be coordinated within the LEA and among regions.

(2) To be eligible for WBL funds, an LEA shall:

(a) have the program approved by the LEA board;

(b) employ licensed WBL coordination personnel with salaries and benefits matched by the local recipient of funds;

(c) document that a WBL committee representing all schools within the LEA:

(i) has been created;

(ii) is functioning effectively; and

(iii) regularly addresses WBL issues;

(d) conduct WBL activities utilizing information from:

(i) business and industry;

(ii) administrators;

(iii) teachers;

(iv) counselors;

(v) parents; and

(vi) students;

(e) develop work-based preparation, participation, and assessment activities for students and teachers involved in all WBL LEA activities;

(f) maintain evidence that WBL components have been integrated and coordinated with:

(i) elementary career awareness;

(ii) secondary career exploration;

(iii) integrated core activities;

(iv) College and Career Awareness; and

(v) comprehensive guidance and counseling;

(g) maintain evidence of WBL activities and assurances in each LEA developed in coordination with a student's:

(i) IEP;

(ii) Plan for College and Career Readiness; and

(iii) 504 requirements;

(h) require the inclusion of all student groups within the LEA in career development and preparation;

(i) demonstrate WBL coordination with employers and with other school and community development activities.

(j) verify that sufficient budget for a WBL coordinator, facilities, materials, equipment, and support staff is available;

(k) participate in initial state-sponsored WBL coordinated professional development and in periodic ongoing coordination and professional development activities;

(l) require that the WBL team utilize a database system developed by the LEA for the LEA's specific needs; and

(m) participate in the CTE Program Approval evaluation every three years.

 

R277-915-[4]6 . Consistency with Law and State and LEA Board Rules and Policies.

[A.](1) [The work-based intern]A WBL experience shall be consistent with the provisions of the Fair Labor Standards Act, [Part 570, Subpart E, 29 C.F.R.]29 U.S.C. Sec. 201, et seq.

[B.](2) [Work-based intern]WBL programs shall operate consistently with Board rules and LEA polices, including:

(a) student transportation[,];

(b) credit toward graduation[,];

(c) attendance[,]; and

(d) fee waivers.

 

KEY: public schools, [intern program*]work-based learning

Date of Enactment or Last Substantive Amendment: [March 12, 2012]2017

Notice of Continuation: February 2, 2012

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-29-102; 53A-1-401[(3)]

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