No. 43622 (New Rule): Rule R277-720. Reimbursement Program for Early Graduation from Competency-Based Education

(New Rule)

DAR File No.: 43622
Filed: 04/01/2019 09:58:21 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed rule is authorized by Section 53F-2-511, which allows the Utah State Board of Education (Board) to create rules regarding how to reimburse a local education agency (LEA) when a competency-based education (CBE) program triggers the early graduation of a student.

Summary of the rule or change:

The new rule includes the process and criteria for becoming a CBE designated school. It also includes a calculation and distribution method for reimbursement funds provided by the legislature.

Statutory or constitutional authorization for this rule:

• Subsection 53F-2-511(1)(c)(ii)
• Article X Section 3
• Subsection 53E-3-401(4)
• Subsection 53F-2-511(6)

Anticipated cost or savings to:

the state budget:

This new rule will not have a fiscal impact on state government revenues or expenditures. This rule outlines the procedures for reimbursement to an LEAs for early graduation from CBE. This reimbursement program is state-funded so this rule provides the mechanism through which funds will be distributed and will not have an independent fiscal impact.

local governments:

This new rule will not have a fiscal impact on local governments' revenues or expenditures. This rule outlines the procedures for reimbursement to LEAs for early graduation from CBE. This reimbursement program is state-funded so this rule provides the mechanism through which funds will be distributed and will not have an independent fiscal impact.

small businesses:

This new rule will not have a fiscal impact on small businesses' revenues or expenditures. This rule applies to a program for LEAs so it does not apply to small businesses.

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

This new rule will not have a fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures. This rule applies to a program for LEAs so it does not apply to other entities.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). This proposed rule has no fiscal impact on LEAs and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis.

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 801-538-7550, 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:

05/15/2019

This rule may become effective on:

05/22/2019

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no non-small businesses with a NAICS code 611110). This new rule has no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses.

 

The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

R277-720. Reimbursement Program for Early Graduation from Competency-Based Education.

R277-720-1. Authority and Purpose.

(1) This rule is authorized by:

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

(b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law;

(c) Subsection 53F-2-511(1)(c)(ii), which allows the Board to make rules to specify additional criteria for an LEA to be eligible for a competency-based education early graduation reimbursement; and

(d) Subsection 53F-2-511(6), which allows the Board to make rules for the administration of the Reimbursement Program for Early Graduation from Competency-Based Education.

 

R277-720-2. Definitions.

(1) "Advisory Committee" means the Competency-based Advisory Committee created in Section R277-712-3.

(2) "Eligible LEA" means an LEA that:

(a) has demonstrated to the Board that the LEA or, for a school district, a school within the LEA, provides and facilitates competency-based education that is based on the core principles described in Section 53F-5-502; and

(b) has an approved competency-based education program that includes:

(i) at least one outcome measure for each indicator level required by the Superintendent;

(ii) outcome measures that are disaggregated by student subgroups where possible; and

(iii) at least one outcome measure for student growth and proficiency.

(3) "Eligible student" means a student who:

(a) meets the requirements described in Subsection 53F-2-511(1)(d);

(b) has been flagged by an LEA as a competency-based education participant.

(4) "Program" means the Reimbursement Program for Early Graduation from Competency-Based Education described in Section 53F-2-511.

 

R277-720-3. Competency Based Education Designation.

(1) To receive a competency-based education designation, an eligible LEA shall:

(a) submit an application in the form prescribed by the Superintendent to the advisory committee;

(b) submit the application in Subsection (1)(a) no later than April 1 ^st of the school year prior to the school year in which the LEA intends to seek reimbursement; and

(c) have an approved competency-based education plan pursuant to R277-712.

(2) The advisory committee shall review all applications and make recommendations to the Board based on the Board approved competency-based education core principals and measures described in R277-712.

(3) The Board shall approve or deny the recommendations made by the advisory committee.

(4) If approved, an eligible LEA's competency-based education designation shall last for the following three years, provided the school continues to operate on a competency-based model.

(5) An eligible LEA may not retroactively use an approved competency-based education designation for reimbursement of eligible students.

(6) If an eligible LEA does not have a current competency-based education designation, the eligible LEA may not use the approved competency-based education designation for reimbursement of eligible students in the school year in which the eligible LEA's application is approved.

 

R277-720-4. Early Graduation Reimbursement.

(1) An eligible LEA with a competency-based education designation may seek reimbursement for an eligible student beginning October 2021 for membership generated in the 2020-2021 school year.

(2) The reimbursement amount shall be calculated by the Superintendent in the following manner:

(a) the amount of weighted pupil unit lost due to early graduation for each eligible student shall be determined as described by Subsection 53F-2-511(5);

(b) the total amount of lost weighted pupil unit for each eligible student shall be used to establish an LEA aggregate total and a statewide aggregate total for all eligible students;

(c) if the statewide aggregate total is equal to or less than the total amount allocated for the program by the legislature, an eligible LEA shall be reimbursed the LEA aggregate total;

(d) if the statewide aggregate total exceeds the total amount allocated for the program by the legislature, an eligible LEA shall be reimbursed a prorated amount proportionate to the percentage that the LEA aggregate total is of the statewide aggregate total.

(3) An LEA shall not receive a reimbursement for an eligible student that exceeds the amount outlined in Subsection 53F-2-511(5)(a).

 

KEY: competency-based education, reimbursements, early graduation

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-511(1)(c)(ii); 53F-2-511(6)

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