No. 39787 (New Rule): Rule R277-606. Dropout Recovery Program

(New Rule)

DAR File No.: 39787
Filed: 09/30/2015 11:09:32 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new rule is in response to S.B. 116, 2015 General Session that requires the Utah State Board of Education to make rules providing procedures for LEAs to develop a dropout recovery program.

Summary of the rule or change:

The new rule provides procedures and requirements for local education agencies (LEAs) to develop a dropout recovery program and procedures for calculating membership for eligible students participating in a dropout recovery program.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Article X, Section 3
• Section 53A-17a-172

Anticipated cost or savings to:

the state budget:

There is likely no cost or savings to the state budget. Implementation of this rule and the Dropout Recovery Program will affect LEAs.

local governments:

An LEA that contracts with a provider to implement dropout recovery services may experience additional costs. The cost will vary by LEA depending on the number of drop out students recovered, the amount of funding these students would begin to generate through the Weighted Pupil Unit, and the cost of the provider contract.

small businesses:

Businesses offering drop-out recovery services may find increased demand for services resulting in increased earnings.

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

There is likely no cost or savings to persons other than small businesses, businesses, or local government entities. Individuals previously served by adult education may, however, find new opportunities to complete high school graduation requirements.

Compliance costs for affected persons:

There are likely no compliance costs for affected persons. LEAs will provide services for dropout recovery consistent with the law and this rule.

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

There may be a fiscal impact on businesses as implementation of this new rule may generate increased demand for services and increased earnings.

Brad C. Smith, 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:

• 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:

11/16/2015

This rule may become effective on:

11/23/2015

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-606. Dropout Recovery Program.

R277-606-1. Authority and Purpose.

(1) This rule is authorized by:

(a) Section 53A-17a-172, which requires the Board to develop rules to set policies related to a dropout recovery program;

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

(c) Subsection 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities.

(2) The purpose of this rule is to:

(a) develop policies related to an LEA's dropout recovery program;

(b) establish procedures for calculating average daily membership for students who participate in a dropout recovery program; and

(c) set reporting requirements for LEAs with a dropout recovery program.

 

R277-606-2. Definitions.

For purposes of this rule:

(1) "Adequate monthly progress" has the same meaning as that term is defined in Section 53A-17a-172.

(2) "Attainment goal" has the same meaning as that term is defined in Section 53A-17a-172.

(3) "Average daily membership" means the same as that term is defined in Section 53A-17a-103.

(4) "Cohort" means the same as that term is defined in Section 53A-17a-172.

(5) "College and career readiness work" means the same as that term is defined in Section 53A-17a-172.

(6) "Eligible student" means a student:

(a) who has withdrawn from a secondary school prior to earning a diploma with no legitimate reason for departure or absence from school;

(b) who was dropped from average daily membership because the student was not able to be counted by an LEA in membership because the student was not meeting an applicable continuing enrollment measurement chosen by the LEA as described in Subsection R277-419-5A(2); and
(c)(i) whose cohort has not yet graduated; or
(ii) whose cohort graduated in the previous school year.

(7) "LEA" does not include:

(a) an alternative school as defined in Section 53A-1-1102; or

(b) a statewide virtual school.

(8)(a) "Statewide course or program" means a statewide course or program that:

(i) a student is able to enroll in; and

(ii) an LEA is able to count the student for enrollment as described in R277-419.

(b) "Statewide course or program" includes the Statewide Online Education Program described in Title 53A, Chapter 15, Part 12, Statewide Online Education Program Act.

(9) "Third party provider" means a third party who provides educational services on behalf of an LEA.

 

R277-606-3. LEA Dropout Recovery Programs.

(1) Beginning with the 2015-16 school year, an LEA that serves students in grades 9, 10, 11, or 12 shall provide a dropout recovery program for an eligible student with the dropout recovery services described in Subsection 53A-17a-172(2).

(2) An LEA that meets the description of an LEA required to contract with a third party provider as described in Subsection 53A-17a-172(4) shall contract with a third party provider to provide the dropout recovery services described in Subsection (1).

(3) An eligible student may:

(a) re-enroll in an LEA or statewide course or program; or

(b) participate in an LEA's dropout recovery program.

(4) An LEA may count an eligible student in average daily membership in accordance with R277-419 if the eligible student:

(a) re-enrolls in the LEA or statewide course or program;

(b) meets all eligibility requirements in R277-419; and

(c) re-enrolls in the LEA at such a level the LEA can count the eligible student in regular membership.

(5) An LEA that enrolls an eligible student in a dropout recovery program shall:

(a) develop a written policy that describes:

(i) how the LEA or the LEA's third party provider will measure and report adequate monthly progress as required in Section R277-606-4; and

(ii) how membership days in the dropout recovery program will be determined for the eligible student's progress in accordance with the LEA's established school schedule and enrollment policies; and

(b) indicate that the student is enrolling in the LEA's dropout recovery program in accordance with current UTREx specifications.

(6)(a) If an eligible student chooses to enroll in a dropout recovery program, the LEA, in consultation with the eligible student, shall prepare, in accordance with the LEA's written policy described in Subsection (5), a learning plan for the eligible student that includes:

(i) an attainment goal for the eligible student; and

(ii) how the LEA will measure the eligible student's adequate monthly progress toward the attainment goal in accordance with the LEA's written policy described in Subsection (5).

(b) If an LEA is required to contract with a third party provider to provide dropout recovery services, the third party provider shall:

(i) work with the LEA to prepare a learning plan for an eligible student described in Subsection (5)(a);

(ii) regularly report an eligible student's progress in accordance with the LEA's written policy described in Subsection (5); and

(iii) maintain documentation:

(A) required to validate that an eligible student is meeting adequate monthly progress; and

(B) required by the LEA for the LEA to meet the requirements of Subsection R277-606-4(4).

(7)(a) Subject to Subsection (8), if an eligible student participates in a dropout recovery program as described in Subsection (3)(b):

(i) an LEA may receive an amount equal to the product of the following for each eligible student who participates in the LEA's dropout recovery program:

(A)(I) the value of one k-12 WPU for that school year; divided by

(II) 180 days; and

(B) subject to the LEA's written policy, the number of days that eligible student made adequate monthly progress; and

(ii) may not count the student as described in Subsection (4).

(b) If an eligible student participates in a dropout recovery program as described in Subsection (3)(b), the Superintendent may not distribute to the LEA an amount that is more than the value of the kindergarten through grade 12 weighted pupil unit, excluding add-on weighted pupil units, for the eligible student each school year.

(8) An LEA may receive an amount as described in Subsection (7) for an eligible student for a month if:

(a) the LEA or third party provider has a personalized learning plan in place for the eligible student on or before the first school day of the first month that the eligible student participates in the dropout recovery program; or

(b) beginning with month two, the eligible student meets the definition of adequate monthly progress for the month, pursuant to the LEA's written policies.

(9)(a) If an eligible student is a student with a disability and an LEA provides dropout recovery services without using a third party provider, the LEA shall:

(i) prepare an IEP or Section 504 plan for the eligible student; and

(ii) provide the dropout recovery services in accordance with the student's IEP or Section 504 plan.

(b) If an eligible student is a student with a disability and an LEA contracts with a third party provider to provide dropout recovery services to the eligible student:

(i) the LEA shall prepare an IEP or Section 504 plan for the eligible student; and

(ii) the third party provider shall provide the dropout recovery services to the eligible student in accordance with the eligible student's IEP or Section 504 plan.

 

R277-606-4. Reporting Requirements and Audits.

(1)(a) Beginning with the 2015-16 school year, on or before August 1, 2016 and on or before August 1 each year thereafter, an LEA shall submit a report to the Superintendent on the LEA's dropout recovery services.

(b) The report described in Subsection (1)(a) shall include:

(i) the information described in Section 53A-17a-172; and

(ii) if applicable, the name of a third party provider the LEA is contracting with to provide dropout recovery services.

(2) A third party provider working with an LEA on the LEA's dropout recovery program shall report any information requested by the LEA including any information required for the LEA to submit a report described in Subsection (1).

(3) The Superintendent shall:

(a) review LEA reports described in Subsection (1); and

(b) ensure that an LEA described in Subsection R277-606-3(2) contracts with a third party provider as required in R277-606-3.

(4)(a) An LEA shall maintain documentation to comply with the requirements of Section 53A-17a-172 and this rule.

(b) The Board or the Superintendent may request an audit of an LEA's dropout recovery program.

 

KEY: dropout recovery; pupil accounting

Date of Enactment of Last Substantive Amendment: 2015

Authorizing, Implemented, or Interpreted Law: Art X, Sec 3; 53A-1-401(3); 53A-17a-172

 

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