No. 40794 (Amendment): Rule R277-708. Enhancement for At-Risk Students Program

(Amendment)

DAR File No.: 40794
Filed: 09/15/2016 05:23:13 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-708 is amended to include strengthened program enforcement and auditing provisions and provide technical and conforming changes consistent with the Utah Administrative Rulemaking Act and the Rulewriting Manual for Utah.

Summary of the rule or change:

The amendments to Rule R277-708 provide strengthened program enforcement and auditing provisions and technical and conforming changes, which includes renumbering.

Statutory or constitutional authorization for this rule:

• Art X, Sec 3
• Section 53A-1-401
• Section 53A-17a-166

Anticipated cost or savings to:

the state budget:

The amendments provide strengthened program enforcement and auditing provisions and technical and conforming changes, which likely will not result in a cost or savings to the state budget.

local governments:

The amendments provide strengthened program enforcement and auditing provisions and technical and conforming changes, which likely will not result in a cost or savings to local government.

small businesses:

The amendments provide strengthened program enforcement and auditing provisions and technical and conforming changes, 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 provide strengthened program enforcement and auditing provisions and technical and conforming changes, 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 provide strengthened program enforcement and auditing provisions and technical and conforming changes, 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 as a result of 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:

10/31/2016

This rule may become effective on:

11/07/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-708. Enhancement for At-Risk Students[Program].

R277-708-[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 the]over public education[system] in the Board[,];

(b) Section 53A-17a-166, which directs the Board to manage the Enhancement for At-Risk Students interventions by:

(i) developing a funding formula[,];

(ii) developing performance criteria[,];

(iii) administering the [program,]intervention;

(iv) distribut[e]ing the appropriation[,]; and

(v) monitor[,]ing and reporting the effectiveness of the [Enhancement for At-Risk Students program,]; and

(c) Section 53A-1-401[(3)], which allows the Board to [adopt rules in accordance with its responsibilities]make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.

[B.](2)(a) The purpose of this rule is to establish criteria and procedures for distributing Enhancement for [a]At-[r]Risk [s]Students [program ]funds to LEAs.

(b) The intent of the rule and the legislative appropriation is to improve academic achievement of students who are at risk of academic failure.

 

R277-708-[1]2 . Definitions.

[A.](1) "At-risk of academic failure" [for purposes of this rule, ]means a k-12 public school student[s in public schools grades K-12] who [have one or more]meets any of the following risk factors[ as defined under R277-708-1]:

([1]a) [L]low performance on [U-PASS tests]a Board approved assessment;

([2]b) [P]poverty;

([3]c) Limited English Proficiency; [and]or

([4]d) [M]mobility.

[B.](2) "Available funds" [for purposes of this rule ]means the total funds appropriated for the Enhancement for At[ ]-Risk Students [Program]interventions, less funding designated for [G]gang [P]prevention under Subsection 53A-17a-166(1)(b)(i).

[C. "Board" means the Utah State Board of Education.]

[D.](3) "Data Clearinghouse" means the electronic data collection system used by the [USOE]Superintendent to collect information required by law from LEAs about individual students at certain points throughout the school year to support the allocation of funds and accountability reporting.

[E.](4) "LEA share" [for purposes of determining funding under this rule, ]means the percentage of k-12 students from an LEA who [qualify under the classifications of: low performing on U-PASS, poverty, mobility, and Limited English Proficiency]are at risk of academic failure compared to the total count for the state of Utah from the previous school year.

[F.](5) "Limited English Proficiency " or [(]"LEP[)]" means the total number of English [language (]learner or "EL[)]" students in an LEA from the October 1 count from the previous school year,[. This count] includ[es]ing:

([1]a) the number of EL students receiving a score of 1-[3]4 on the English language proficiency assessment; and

([2]b) the number of students previously classified as[previously-EL who are monitored for two years once classified as English Proficient] based on a score of [4 or ]5 or 6 on the English language proficiency assessment.

[G. "Local Education Agency (LEA)" means a public school district or charter school primarily intended to serve students grades K through 12.]

[H.](6) "Low performance on [U-PASS tests]a Board approved assessment" means the unduplicated count of k-12 students from an LEA scoring below proficient in Reading/Language, Math, and Science on one of the following exams from the previous school year:

(a) the Student Assessment of Growth and Excellence (SAGE)[or]:

(b) the Special Education adaptive testing [for Reading/Language Arts from the previous school year.]Dynamic Learning Maps or "DLM"; or

(c) other Board approved assessment.

[I.](7) "Mobility" means the number of k-12 students enrolled less than 160 days or its equivalent in one school within [one]a school year, as determined by the prior year's year-end average daily membership submission.

[J.](8) "Poverty" means the total number of k-12 students in an LEA reported as economically disadvantaged using federal child nutrition income eligibility guidelines for free or reduced-priced under the federal school lunch program from the official October 1 enrollment count from the previous school year.

[K. "Utah Consolidated Application (UCA)" means the web-based grants management tool employed by the Utah State Office of Education by which local education agencies submit plans and budgets for approval of the Utah State Office of Education.

L. "USOE" means the Utah State Office of Education.]

 

R277-708-3. Applications and Distribution of Funds.

[A. Awards shall be made to local education agencies.]

[B.](1) An LEA[s] shall submit its application[s] to the Superintendent annually by November 1 [to the USOE ]through the [UCA]Board's grant management system.

(2) The Superintendent shall distribute available funds to LEAs with an approved application monthly based on a one-twelfth distribution beginning on July 1.

(3) An LEA shall spend all allocated funds annually by June 30.

(4) An LEA that accepts funds for Enhancement for At-Risk Students intervention services shall be subject to Board accounting, auditing, and budgeting rules and policies.

(5)(a) With written approval from the Superintendent, an LEA may carry over and spend ten percent or $50,000, whichever is less, of state Enhancement for At-Risk Student funds in the next fiscal year.

(b) An LEA shall submit a request to carry over funds under Subsection (5)(a) by August 1 annually.

(c) An LEA shall detail approved carry over amounts in a revised budget submitted through the Board's grant management system.

(d) The Superintendent shall review and approve a revised budget submitted under Subsection (5)(c) no later than October 1 in the year submitted.

 

R277-708-4. Allocation of Enhancement for At-Risk Student Funds.

[C.](1) The Superintendent shall award available funds to an LEA[s shall receive funding] based on an equal weighting of:

([1]a) low performance on [U-PASS tests]a Board approved assessment;

([2]b) poverty;

([3]c) mobility; and

([4]d) limited English proficiency[as outlined in 53A-17a-166].

[D.](2) The Superintendent shall base an LEA's allocation[s shall be based] on the certified data from the Data Clearinghouse [from]using the most recent school year for which data is complete and available.

[E.](3) The Superintendent shall use the following [F]funding formula to determine an[

(1)] LEA base to distribute to LEAs:

(a) the [USOE]Superintendent shall annually calculate [four percent]4% of the state appropriation of the Enhancement for At-Risk Students funding available for LEA grants to provide a base amount to LEAs.

(b) [This]The Superintendent shall divide the base amount [shall be]described in Subsection (3)(a) equally[divided] among all eligible LEAs.

([2]4) [LEAs with high poverty schools: t]The [USOE]Superintendent shall annually calculate [twenty percent]20% of the state appropriation of the Enhancement for At-Risk Students [funding for LEA grants]on a per school basis to provide a targeted amount to LEAs with traditional elementary [and]schools, secondary schools , and alternative high schools with at least [75 percent]75% poverty.[This targeted amount shall be divided among eligible LEAs based on the number of traditional schools with at least 75 percent poverty within the LEA.]

([3]5) Of the funds remaining after the distributions described in Subsections (3) and (4), the [USOE]Superintendent shall determine [the]an LEA's share based on the LEA's percentage of students with at-risk factors for the state.

([4]6) [For each LEA, the USOE]The Superintendent shall use data from the [USOE]Board's Data Warehouse for each LEA from the previous school year to determine the students who qualify under the following definitions:

(a) [L]low performance on [U-PASS tests]a Board approved assessment;

(b) [P]poverty;

(c) [M]mobility; and

(d) Limited English Proficiency.

[(5) The LEA share shall equal the LEA's statewide proportionate share of qualifying students with at-risk factors times the amount of funds available for distribution.

(6) 2011-2012 funding transition: for the 2011-2012 school year, the USOE shall implement formula adjustments to ensure that no LEA receives less than 65 percent of the funds under the Enhancement for At-Risk Students Program than the LEA received during the 2010-2011 school year under the funds available from the state program that were repealed as part of the enactment of the new Enhancement for At-Risk Students Program.]

(7) The Superintendent shall allocate funds appropriated for as-risk factors to each LEA based on the LEA's proportion of at-risk factors in comparison to the statewide total.

[F.](8) The Superintendent shall notify an LEA[s] that qualif[y]ies for funding[and the level] of the LEA 's level of funding[shall be notified] annually by [June 30]May 1.

[G.](9) An LEA[s] may use funds for activities that support academic achievement of students who are at risk of academic failure[; the LEA shall provide:].

(1 0) An LEA shall provide the following information as part of the [UCA]application process:

(a) specific goals related to increased academic achievement of students at-risk of academic failure;[and]

(b) proposed activities that are directly tied to the LEA's plan to increase student achievement;

([2]c) an annual report of the use of funds through the annual financial reporting process; and

([3]d) an annual report of [program]intervention effectiveness based on [USOE-defined ]performance criteria defined by the Superintendent.

 

R277-708-4. Oversight: Monitoring, Evaluation and Reports.

[A.](1) The [Board]Superintendent may recommend that the Board designate no more than one percent of the total appropriation from the Enhancement for At-Risk Students[ program] to be used specifically by the [USOE]Superintendent for oversight, monitoring and evaluation of :

(a) LEA[s'] implementation of the [program]intervention; and

(b) [their ]compliance with [the]state law and this rule.

[B.](2)(a) [Performance Criteria: Each]An LEA that receives funding shall submit an annual evaluation report to the [USOE]Superintendent consistent with Section 53A-17a-166.

(b) The report shall include the following performance criteria for students at-risk of academic failure:

([1]i) student attendance information, as defined by the [USOE]Superintendent;

([2]ii) graduation rates;

([3]iii) gains in language proficiency as measured by the English language proficiency assessment;

([4]iv) gains in reading/language [A]arts proficiency as measured by [SAGE]a Board approved assessment; and

([5]v) gains in mathematics and science proficiency as measured by [SAGE]a Board approved assessment.

[C. The Utah State Office of Education shall submit an annual report on program effectiveness to the Public Education Appropriations Subcommittee of the Utah State Legislature.]

(3)(a) The Superintendent shall conduct tri-annual intervention reviews of each LEA receiving Enhancement for At-Risk Students funding to ensure intervention compliance.

(b) In the Superintendent's discretion or for good cause, the Superintendent may conduct additional formal or informal:

(i) monitoring;

(ii) reviews; or

(iii) site visits.

(4) If the Superintendent identifies violations as a result of a review described in Subsection (4), an LEA shall prepare and submit to the Superintendent a written corrective action plan for each finding made by the Superintendent.

(5) If an LEA fails to resolve findings identified by the Superintendent under Subsection (5), the Superintendent may withhold funds as provided in R277-114.

 

R277-708-5. Gang Prevention and Intervention Funds.

[A.](1) Consistent with Subsection 53A-17a-166(1)(b), the [Board]Superintendent shall distribute funding to LEAs for gang prevention and intervention.

[B.](2) An LEA[s] desiring to receive gang prevention and intervention funds shall submit a proposal[s] consistent with Rule R277-436.

 

KEY: students at risk

Date of Enactment or Last Substantive Amendment: [October 11, 2011]2016

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-17a-166; 53A-1-401[(3)]

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