No. 33441 (Amendment): Section R277-419-3. Minimum School Days, LEA Records, and Audits

(Amendment)

DAR File No.: 33441
Filed: 03/09/2010 01:45:47 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R277-419-3, Pupil Accounting, is amended to provide changes to deadlines for data submission to make the rule consistent with a new U.S. Department of Education regulation that requires No Child Left Behind Adequate Yearly Progress (AYP) Reports for schools/LEAs (local education Agency) in program improvement to be released to the public 14 days prior to the beginning of a new school year.

Summary of the rule or change:

The amended section changes deadlines.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-402(1)(e)
• Subsection 53A-1-401(3)
• Subsection 53A-1-404(2)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The deadline changes make the rule consistent with a new U.S. Department of Education regulation. The Utah State Board of Education will receive data consistent with the changed deadlines which does not result in any costs or savings.

local governments:

There are no anticipated costs or savings to local government. School districts/schools will now submit data consistent with the changed deadlines in this rule. Submitting data consistent with the changed deadlines does not result in any costs or savings.

small businesses:

There are no anticipated costs or savings to small businesses. The changes to this rule apply to public school districts/schools and do not apply to businesses.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The changes to this rule apply to public school districts/schools.

Compliance costs for affected persons:

There are no compliance costs for affected persons. School districts/schools had deadlines in the rule prior to the changes and will continue the same process with the changed deadlines.

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.

Larry K. Shumway, 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:

• 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:

05/03/2010

This rule may become effective on:

05/10/2010

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-419. Pupil Accounting.

R277-419-3. Minimum School Days, LEA Records, and Audits.

A. Minimum standards for school days

(1) LEAs shall conduct school for at least 990 instructional hours and 180 school days each school year; exceptions to the number of school days for individual students and schools are provided for in R277-419-7.

(2) The required school days and hours may be offered at any time during the school year, consistent with the law.

(3) Health Department Emergency or Pandemic

(a) The Board may waive the school day and hour requirement, following a vote of Board members, pursuant to a directive from the Utah State Health Department or a local health department, that results in the closure of a school in the event of a pandemic or other public health emergency.

(b) In the event that the Board is unable to meet in a timely manner, the State Superintendent of Public Instruction may issue a waiver following consultation with a majority of Board members.

(c) The waiver may be for a designated time period and for specific areas, school districts, or schools in the state, as determined by the health department directive.

(d) The waiver may allow for school districts to continue to receive state funds for pupil services and reimbursements.

(e) The waiver by the Board or State Superintendent of Public Instruction shall direct school districts to provide as much notice to students and parents of the suspension of school services, as is reasonably possible.

(f) The waiver shall direct school districts to comply with health department directives, but to continue to provide any services to students that are not inconsistent with the directive.

(g) The Board may encourage school districts to provide electronic or distance learning services to affected students for the period of the pandemic or other public health emergency to the extent of personnel and funds available.

(4) Minimum standards shall apply to all public schools in all settings unless Utah law or this rule provides for specific exceptions. Local boards are encouraged to provide adequate school days and hours in the school district's yearly calendar to avoid the necessity of a waiver request except in the most extreme circumstances.

B. Official records

(1) To determine student membership, LEAs shall ensure that records of daily student attendance are maintained in each school which clearly and accurately show for each student the:

(a) entry date;

(b) exit date;

(c) exit or high school completion status;

(d) whether or not an absence was excused; and

(e) disability status (resource or self-contained, if applicable).

(2)(a) Computerized or manually produced records for Career and Technical Education (CTE) programs shall be kept by teacher, class and Classification of Instructional Program (CIP) code.

(b) These records shall clearly and accurately show for each student in a CTE class the:

(i) entry date;

(ii) exit date; and

(iii) excused or unexcused status of absence.

(3) A minimum of one attendance check shall be made by each public school each school day.

C[(1)]. Due to school activities requiring schedule and program modification during the first days and last days of the school year[,] :

(1) For the first five school days, an LEA may report [for the first five days,] aggregate days of membership equal to the number recorded for the second five-day period of the school year.

(2) For the last [three]five-day period, an LEA may report aggregate days of membership equal to the number recorded for the immediately preceding [three]five-day period.

(3) Schools shall continue instructional activities throughout required calendared instruction days.

D. Audits

(1) An independent auditor shall be employed under contract by each LEA to audit its student accounting records annually and report the findings to the LEA board of education and to the Finance and Statistics Section of the USOE;

(2) Reporting dates, forms, and procedures are found in the State of Utah Legal Compliance Audit Guide, provided to LEAs by the USOE in cooperation with the State Auditor's Office and published under the heading of APP C-5;

(3) The USOE shall review student membership and fall enrollment audits as they relate to the allocation of state funds in accordance with the policies and procedures established in R277-484-7 and 8 and may periodically or for cause review LEA records and practices for compliance with the laws and this rule.

 

KEY: education finance, school enrollment

Date of Enactment or Last Substantive Amendment: [August 7, 2008] 2010

Notice of Continuation: October 5, 2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1-402(1)(e); 53A-1-404(2); 53A-1-301(3)(d); 53A-3-404; 53A-3-410

 

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