No. 40098 (Amendment): Rule R277-494. Charter, Online, Home, and Private School Student Participation in Extracurricular or Co-curricular School Activities

(Amendment)

DAR File No.: 40098
Filed: 01/14/2016 09:57:28 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-494 is amended to provide language to clarify the procedures for a charter or online school student who participates in an extracurricular and co-curricular activity at another public school.

Summary of the rule or change:

The amendments provide language that clarifies the procedures and responsibility for fees associated with a charter or online school student to participate in extracurricular or co-curricular activity at another public school.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1a-519(6)(a)
• Article X, Section 3
• Subsection 53A-1-401(3)
• Subsection 53A-2-214(6)

Anticipated cost or savings to:

the state budget:

The amendments provide language that clarifies procedures for charter or online school students to participate in extracurricular or co-curricular activities, which will likely not result in a cost or savings to the state budget.

local governments:

The amendments provide language that clarifies procedures for charter or online school students to participate in extracurricular or co-curricular activities, which will likely not result in a cost or savings to local government.

small businesses:

The amendments provide language that clarifies procedures for charter or online school students to participate in extracurricular or co-curricular activities, which will likely not result in a cost or savings to small businesses.

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

The amendments provide language that clarifies procedures for charter or online school students to participate in extracurricular or co-curricular activities, which will likely 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 language that clarifies procedures for charter or online school students to participate in extracurricular or co-curricular activities, which will likely 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, Acting 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:

03/02/2016

This rule may become effective on:

03/09/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-494. Charter, Online, Home, and Private School Student Participation in Extracurricular or Co-curricular School Activities.

R277-494-1. Authority and Purpose.

(1) This rule is authorized by:

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

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

(c) Subsection 53A-1a-519(6)(a), which directs the Board to make rules establishing fees for a charter school student's participation in extracurricular or co-curricular activities at certain public schools; and

(d) Subsection 53A-2-214(6), which directs the Board to make rules establishing fees for an online student's participation in extracurricular or co-curricular activities at certain public schools.

(2) The purpose of this rule is to inform school districts, charter and online schools, and parents of:

(a) school participation fees; and

(b) state-determined requirements for a charter school or a public online school student to participate in an extracurricular activity at a student's boundary school.

 

R277-494-2. Definitions.

(1) "Activity fee" means a fee that:

(a) is approved by a local school board or public school;

(b) is charged to all students to participate in an extracurricular or co-curricular activity sponsored by or through the public school; and

(c) entitles a public school student to:

(i) participate in a school activity;

(ii) try out for an extracurricular or co-curricular school activity;

(iii) receive transportation to an activity; and

(iv) attend a regularly scheduled public school activity.

(2) "Co-curricular activity" means a school district or school activity, course, or experience that includes a required regular school day component and an after school component, including a special program or activity such as a program for a gifted and talented student, a summer program, and a science or history fair.

(3) "Extracurricular activity" means an athletic program or activity sponsored by a public school and offered, competitively or otherwise, to a public school student outside of the regular school day or program.

(4) "Online school" means a formally constituted public school that offers full-time education delivered primarily over the internet.

(5) "Qualifying school" means:

(a) for purposes of a charter school student, a school described in Subsection 53A-1a-519(1);

(b) for purposes of an online school student, a school described in Subsection 53A-2-214(2); and

(c) for purposes of a private or home school student, a school described in Subsection 53A-11-102.6(2)(c).

(6) "School of enrollment" means the public school that maintains the student's cumulative file, enrollment information and transcript for purposes of high school graduation.

(7) "School participation fee" means the fee paid by [the]a charter or online school to a qualifying school consistent with Subsections R277-494-3(2) or R277-494-4(2) for the charter or online school student 's participation in an extracurricular or co-curricular activity.

(8) "Student [participation]activity specific fee" means the activity fee charged to all participating students by a qualifying school for a designated extracurricular or co-curricular activity consistent with Rule R277-407.

 

R277-494-3. Charter and Online School Student Participation in Extracurricular Activities at Another Public School.

(1) A charter or online school student may participate in an extracurricular activity at a qualifying school if:

(a) the extracurricular activity is not offered by the student's charter or online school;

(b) the student satisfies:

(i) for a charter school student, the requirements of Subsection 53A-1a-519(3);

(ii) for an online school student, the requirements of Subsection 53A-2- 214(3); and

(iii) the requirements of this rule;

(c) the student meets the qualifying school's standards and requirements; and

(d) the student's parent agrees to provide the student transportation to the qualifying school for the extracurricular activity.

[(2)(a) A charter or online school of enrollment shall determine if the charter or online school will allow students to participate in extracurricular school activities at qualifying schools.

(b) If a charter or online school allows one student to participate in an extracurricular activity at a qualifying school, the charter or online school shall allow all interested students to participate.]

(2)([c]a) A charter or online school student's school of enrollment shall pay a one-time annual school participation fee of $75.00 per student to the qualifying school at which the charter or online school student desires to participate.

([d]b) Upon annual payment of the school participation fee, the student may participate in all extracurricular or co-curricular school activities at the school during the school year for which the student is qualified and eligible.

[(e) A charter or online school of enrollment shall cooperate fully with all qualifying schools:

(i) regarding students' participation in try-outs, practices, pep rallies, team fund raising efforts, scheduled games, and required travel; and

(ii) by providing complete and prompt reports of student academic and citizenship progress or grades, upon request.]

(3)[(a)] The school participation fee described in Subsection (2)([c]a) is in addition to:

([i]a) a student [participation]activity specific fee for a specific extracurricular activity; and

([ii]b) the activity fee charged to all students in a qualifying school to supplement a school activity as assessed by the school consistent with this rule.

(4) Except as provided in Subsection ([6]7), a charter or online school student who participates in an extracurricular activity at a qualifying school shall pay [a student participation fee or]all required student activity specific fees to the qualifying school in accordance with deadlines set by the qualifying school.

(5) All fees, including school participation fees[,] and student [participation]activity specific fees[, and activity fees] shall be paid prior to a charter or online school student's participation in an activity at the qualifying school.

(6) A charter or online school of enrollment shall cooperate fully with all qualifying schools:

(a) regarding students' participation in try-outs, practices, pep rallies, team fund raising efforts, scheduled games, and required travel; and

(b) by providing complete and prompt reports of student academic and citizenship progress or grades, upon request.

([6]7) (a) If a participating charter or online school student qualifies for a fee waiver, in accordance with Rule R277-470, the charter or online student's school of enrollment shall pay [all]the school participation fee described in Subsection (2)(a) and any waived student [participation]activity specific fees to the qualifying school[prior to the student's participation in an activity at the qualifying school].

(b) A charter or online school that is required to pay a fee waiver student's participation fee or student activity specific fee as described in Subsection (7)(a) shall pay the student participation fee and any student activity specific fees to the qualifying school before the charter or online school student may begin to participate in the extracurricular activity at the qualifying school.

 

R277-494-4. Charter or Online School Student Participation in Co-Curricular Activities.

(1)(a) A charter or online school student may participate in a co-curricular activity at a qualifying school if:

(i) the co-curricular activity is not offered by the student's charter or online school;

(ii) the student satisfies:

(A) for a charter school student, the requirements of Subsection 53A-1a-519(3);

(B) for an online school student, the requirements of Subsection 53A-2-214(3); and

(C) the requirements of this rule;

(iii) the student meets the qualifying school's standards and requirements; and

(iv) the student's parent agrees to provide the student transportation to the qualifying school for the co-curricular activity.

[(1)](b) A charter or online school may negotiate with a public school other than a school described in Subsection (1) to participate in a co-curricular activity at the other public school, including:

(i) a debate, drama, or choral program;

(ii) a specialized course or program offered during the regular school day; and

(iii) a school's sponsored enrichment program or activity.

[(b)](c) A student who participates in a co-curricular activity described in Subsection (1)(b[a]) shall meet:

(i) the same attendance, discipline, and course requirements expected of the public school's full-time students;

(ii) for a charter school student, the requirements of Subsection 53A-1a-519(3); and

(iii) for an online school student, the requirements of Subsection 53A-2-214(3).

(2)(a) A charter or online school of enrollment shall determine if the school will allow students to participate in co-curricular school activities at qualifying schools.

(b) If a charter or online school allows one student to participate in a co-curricular activity at a qualifying school, the charter or online school shall allow all interested students to participate.

(3)([c]a) A charter or online school student's school of enrollment shall pay a [school]one-time annual school participation fee of $75.00 per student to the qualifying school at which the charter or online school student desires to participate.

(b) If a charter or online school of enrollment pays a $75.00 school participation fee to a qualifying school as described in Subsection R277-494-3(2)(a), the charter or online school of enrollment is not required to pay an additional $75.00 school participation fee described in Subsection (3)(a) to the qualifying school in the same year.

([3]4) A charter or online school student participating under this rule shall :

(a) pay the required student activity specific fees for each co-curricular activity; and

(b) meet all eligibility requirements and timelines of the public school.

(5)(a) If a participating charter or online school student qualifies for a fee waiver, in accordance with Rule R277-470, the charter or online student's school of enrollment shall pay any waived student activity specific fees to the qualifying school.

(b) A charter or online school that is required to pay a fee waiver student's activity specific fees as described in Subsection (5)(a), shall pay the student activity specific fees to the qualifying school before the charter or online school student may begin to participate in the co-curricular activity at the qualifying school.

 

R277-494-5. Private or Home School Student Participation in Extracurricular Activities.

(1) In accordance with Section 53A-11-102.6, a private or home school student may participate in an extracurricular activity at a qualifying school if:

(a) for a private school student, the extracurricular activity is not offered by the student's private school;

(b) the student satisfies the requirements of:

(i) Section 53A-11-102.6; and

(ii) this rule; and

(c) the student meets the qualifying school's standards and requirements.

(2) Except as provided in Subsection (3), a private or home school student shall pay [a student participation fee or ]the required student activity specific fee s for each extracurricular activity to the qualifying school:

(a) before the student may participate in the extracurricular activity at the qualifying school; and

(b) in accordance with deadlines set by the qualifying school.

(3) If a private or home school student qualifies for a fee waiver in accordance with Rule R277-407, the qualifying school shall waive [the student participation fee or]any required student activity specific fee s in accordance with the requirements of Rule R277-407, School Fees.

 

R277-494-6. Private or Home School Student Participation in Co-curricular Activities.

A private or home school student may participate in a co-curricular activity at a public school in accordance with the dual enrollment provisions of rule R277-438.

 

KEY: extracurricular, co-curricular, activities, student participation

Date of Enactment or Last Substantive Amendment: [2015]2016

Notice of Continuation: October 15, 2015

Authorizing, and Implemented or Interpreted Law: Art X , Sec 3; 53A-1-401(3); 53A-1a-519(6)(a); 53A-2-214(6)

 

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