No. 31952 (Amendment): R277-438. Dual Enrollment

DAR File No.: 31952
Filed: 09/15/2008, 09:03
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to reflect the directive of S.B. 36, 2008 Legislative Session, which provides for Utah charter school students and Utah online school students to participate in extracurricular activities in compliance with a fee schedule in Rule R277-494 in their resident traditional public school. (DAR NOTE: S.B. 36 (2008) is found at Chapter 233, Laws of Utah 2008, and was effective 05/05/2008.)

Summary of the rule or change:

The rule amendments include: 1) adding and changing definitions; 2) changing the authority and purpose section of the rule to include language that reflects the directive of S.B. 36 and provisions of Rule R277-494; 3) adding a new section to the rule regarding Utah Charter and Online School Student Participation in Extracurricular or Co-curricular School Activities; and 4) adding new language regarding charter and online school disabled student participation in extracurricular or co-curricular activities. Both numbers 3 and 4 would depend upon negotiations between charter/online schools and traditional schools.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-402(1)(b) and Section 53A-11-102.5

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Implementation of this program is at the local level.

local governments:

There may be expenses (or savings) to both traditional schools and school districts, and charter schools as they comply with 2008 legislation and this implementing rule. The Utah State Office of Education will gather data through the 2008-09 school year to determine costs to school districts and charter schools and possible savings to both.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small business and persons other than businesses. This rule implements a public school program that specifically requires charter schools to bear the cost of the legislation rather than students or parents.

Compliance costs for affected persons:

This rule implements a public school program that specifically requires charter schools to bear the cost of the legislation rather than students or parents. Of course individual charter/online students who desire to participate will pay individual student fees required of all students.

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. Patti Harrington, State Superintendent of Public Instruction

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:

10/31/2008

This rule may become effective on:

11/07/2008

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-438. Dual Enrollment.

R277-438-1. Definitions.

A. "Accredited" means evaluated and approved under the standards of the Northwest Accrediting Association or the accreditation standards of the Board, available from the USOE Accreditation Specialist.

B. "Board" means the Utah State Board of Education.

C. "Charter school" means a school acknowledged as a charter school by a local board of education under Section 53A-1a-515 and by R277-470, or by the Board under Section 53A-1a-505.

[C]D. "Dual enrollment student" means a student who is enrolled simultaneously in public school and in a home school, a Utah charter school, a Utah online school, or a regularly established private school.

[D]E. "Eligibility" means a student's fitness and availability to participate in school activities governed by this rule. Eligibility is determined by a number of factors including residency (of student and legal guardian), scholarship, age, and number of semesters of participation in a particular activity.

[E]F. "Full-time student" means a student earning the school district designated number(s) and type(s) of credits required for participation in extracurricular or interscholastic activities in the school district in which the student's parent or legal guardian resides.

[F]G. "Home school" means a school comprised of one or more students officially excused from compulsory public school attendance under Section 53A-11-102.

H. "Online school" means a school:

(1) that provides the same number of classes consistent with the requirement of similar resident schools;

(2) that delivers course work via the internet;

(3) that has designated a readily accessible contact person; and

(4) that provides the range of services to public education students required by state and federal law.

[G]I. "Previous academic grading period" means the most recent period as defined by the school district for which a student received a recorded grade.

[H]J. "Private school" means a school satisfying the following criteria:

(1) maintained by private individuals or corporations;

(2) maintained and operated not at public expense;

(3) generally supported, in part at least, by tuition fees or charges;

(4) operated as a substitute for, and giving the equivalent of, instruction required in public schools;

(5) employing teachers able to provide the same quality of education as public school teachers;

(6) established to operate indefinitely and independently, not dependent upon age of the students available or upon individual family situations; and

(7) licensed as a business by the Utah Department of Business Regulations.

K. "School participation fee" means the fee paid by the charter/online school to the traditional school consistent with the fee schedule of R277-494-4 for student participation in extracurricular or co-curricular school activities.

L. "Student participation fee" means the fee charged to all participating charter/online and traditional school students by the resident school for designated extracurricular or co-curricular school activities consistent with R277-407.

[I]M. "USOE" means the Utah State Office of Education.

 

R277-438-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which [places]vests general control and supervision of the public school system under the board, by 53A-1-402(1)(b) which directs the Board to establish rules and minimum standards for access to programs and by Section 53A-11-102.5 directing the Board to make rules [for transferability of credits toward graduation that are earned in a private or home school and to make rules necessary ]to permit home school, charter and online students and private school students to participate in public school extracurricular or co-curricular school activities.

B. The purpose of this rule is to provide consistent statewide procedures and criteria for home school and private school students' participation in public school activities. A further purpose is to provide procedures and criteria for charter school and online school students to participate in traditional public school activities consistent with R277-494.

 

[R277-438-3. Credit.

A. Utah school districts shall accept credits toward graduation from an accredited regularly established private school.

B. Utah school districts shall provide two or more options to earn credit toward graduation. At least one option shall be provided from among those listed in R277-700-6B(1), and at least one option shall be provided from those listed in R277-700-6B(2).

 

]R277-438-[4]3. Private and Home School Student Participation in Public School Extracurricular or Co-curricular School Activities.

A. Students exempted from compulsory public school education by the local board for instruction in private or home schools may be eligible for participation in extracurricular or co-curricular public school activities provided they are taking courses comparable to traditional school courses or earning credit under options outlined in R277-700-6 in at least as many of the designated courses as required by the local board of students for participation in that activity.

B. The private or home school student may only participate in extracurricular or co-curricular school day activities at the school within whose boundaries the student's custodial parent(s) or legal guardian resides.

C. Dual enrollment students shall be eligible for extracurricular or co-curricular school activities consistent with eligibility standards for fully enrolled traditional public school students, including providing report cards and citizenship information to activity sponsors and coaches upon request.

 

R277-438-[5]4. Fees for Private and Home School Students.

A. Private and home school students are responsible for [school]student participation fees in the same manner as full-time public school students.

B. [School]Student participation fees for private, charter, online or home school students shall be waived by the school or school district if [required]students are eligible and parents provide required documentation under Section 53A-12-103 and R277-407, School Fees. The charter or online schools shall be responsible for payment of waived fees to the resident school district.

 

R277-438-5. Utah Charter and Utah Online School Student Participation in Extracurricular or Co-curricular School Activities.

A. Utah charter school and Utah online school students shall be eligible to participate in extracurricular and co-curricular school activities at their public schools of residence consistent with Section 53A-1a-519, Section 53A-2-214, and R277-494.

B. Charter schools and online schools may determine if the schools shall allow students to participate in extracurricular or co-curricular school activities at the students' resident schools understanding:

(1) That the charter/online school is responsible for the school participation fees associated with the designated activity consistent with Section R277-494-4;

(2) If the charter/online school allows one student to participate in a given activity, the charter/online school shall allow all interested students to participate;

(3) That the charter/online school is responsible for the school participation fee;

(4) That the student shall be allowed to participate only upon payment of the school participation fee by the school;

(5) That the charter/online school shall cooperate fully with all resident schools regarding students' participation in try-outs, practices, pep rallies, team fund raising efforts, scheduled games and required travel and provision of complete and prompt reports of student academic and citizenship progress or grades, upon request; and

(6) That charter/online students' parents are responsible for the students' transportation to the school with which the student participates; and

(7) That the charter/online school is responsible for any student participation fees required of all student participants in the activity if the participating student is eligible for fee waivers under R277-407.

 

R277-438-6. Miscellaneous Issues.

A. A student attending activities or a portion of the school day under the provisions of Section 53A-11-102.5 shall be subject to the same behavior and discipline rights and requirements of a full-time resident school student.

B. A student who attends an activity or a portion of the school day shall be subject to administrative scheduling and teacher discretion of the traditional school.

C. A student with disabilities may participate as a dual enrollment student consistent with Utah law, this rule and Code of Federal Regulations (CFR) Vol. 64, No. 48, Section 300.450 through 300.455.

(1) If a student with disabilities who attends a charter or online school desires to participate in dual enrollment, the charter/online school is responsible for accommodations or extra costs to the student's resident school for the student's participation.

([1]2) The student shall have a services plan in place prior to participation in dual enrollment using comparable procedures to those required for identifying and evaluating public school students;

([2]3) Students with disabilities seeking dual enrollment shall be entitled to services only in the same proportional amount that the number of private school students residing in the district is to the total number of students with disabilities in the district.

([3]4) Decisions about the scheduling and manner of services provided shall be the responsibility of school and district personnel.

([4]5) Schools and districts are not prohibited from providing services to students who are not enrolled full time in excess of those required by R277-438-6.

 

KEY: public education, dual enrollment

Date of Enactment or Last Substantive Amendment: [May 19, 2005]2008

Notice of Continuation: June 1, 2004

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1)(b); 53A-11-102.5