No. 43651 (Amendment): Rule R277-707. Enhancement for Accelerated Students Program

(Amendment)

DAR File No.: 43651
Filed: 04/15/2019 02:42:55 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Utah State Board of Education (Board) discussed whether the funding should be based entirely on advanced placement (AP) course enrollment or based on a split between AP course enrollment and the number of students receiving a two or higher on AP exams.

Summary of the rule or change:

This rule has been amended to include new language for a split approach to funding allocation for AP courses, and to clarify requirements to promote equity of access to Gifted and Talented, Advanced Placements and International Baccalaureate programs.

Statutory or constitutional authorization for this rule:

• Article X Section 3
• Subsection 53E-3-401(4)
• Section 53F-2-408

Anticipated cost or savings to:

the state budget:

These rule changes are not expected to have a fiscal impact on state government revenues or expenditures. This rule applies to the Enhancement for Accelerated Students program which is funded with a state appropriation and that is not affected by the changes in this rule.

local governments:

These rule changes will have a fiscal impact on local education agencies (LEAs). They change the funding distribution formula for the advanced placement program for LEA. Prior to the change, the funds were distributed based on advanced placement exams passed. With these rule changes, these funds will be distributed with 50 percent of the funds for exams passed and 50 percent for enrollment in AP classes. The total amount of funding going to LEAs for AP will remain the same, but some LEAs may receive more funding for AP and other LEAs may receive less funding for AP depending on enrollment and exams passed.

small businesses:

These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to the Enhancement for Accelerated Students program which is state funded and thus does not apply to small businesses.

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

These rule changes are not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule applies to the Enhancement for Accelerated Students program which is state funded and thus does not apply to other individuals.

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). These rule changes have 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:

05/31/2019

This rule may become effective on:

06/07/2019

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). Thus, these rule changes are not expected to have any fiscal impact on non-small businesses' revenue or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenues for non-small businesses.

 

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

 

 

R277. Education, Administration.

R277-707. Enhancement for Accelerated Students Program.

R277-707-1. 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) Section [53A-17a-165]53F-2-408, which [allows]requires the Board to [adopt rules]establish a distribution formula for the expenditure of funds appropriated for the Enhancement for Accelerated Students Program; and

(c) Subsection [53A-1-401]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.

(2)(a) The purpose of this rule is to specify the procedures for distributing funds appropriated under Section [53A-17a-165]53F-2-408 to LEAs.

(b) The intent of this appropriation is to provide resources to LEAs to enhance the academic growth of accelerated students.[ whose academic achievement is accelerated.]

 

R277-707-2. Definitions.

(1) "Accelerated students" means [children and youth whose superior academic performance or potential for accomplishment requires a differentiated and challenging instructional model]students participating in accelerated programs.

(2) "Accelerated programs" means student services with increased depth, complexity, or rigor, which may include above-grade level coursework, including:

(a) Gifted and Talented programs;

(b) IB programs; or

(c) AP courses.

([2]3) "Advanced placement" or "AP" courses means rigorous courses developed by the College Board where:

(a) each course is developed by a committee composed of college faculty and AP teachers, and covers the breadth of information, skills, and assignments found in the corresponding college course; and

(b) students who perform well on the AP exam may be:

(i) granted credit; or

(ii) advanced standing at participating colleges or universities.

([3]4)(a) "Gifted and talented programs" means programs to[:

(a) assist individual students to develop their high potential and enhance their academic growth; and

(b) ] identify[students], through multiple assessment instruments, and serve students with outstanding abilities who [are capable of]have potential for high performance in the following areas:

(i) general intellectual ability;

(ii) specific academic aptitude; and

(iii) creative or productive thinking.

(b) Instruments for identifying gifted and talent students shall not be solely dependent upon English vocabulary or comprehension skills and shall take into consideration abilities of culturally diverse students and students with disabilities.

([4]5) "International Baccalaureate" or "[(]IB[)]" Program means one of the following programs established by the International Baccalaureate Organization:

(a) the Diploma Program;

(b) the Middle Years Program; or

(c) the Primary Years Program.

(6) "Parent" means a student's parent, legal guardian, or a responsible adult with a power of attorney meeting the requirements of Subsection 53G-6-302(4).

(7) "Underrepresented students" means a subset of students, as determined by an LEA and approved by the Superintendent, that holds a smaller percentage in a program as compared to the overall school population.

([5]8) "Weighted Pupil Unit" means the basic state funding unit.

[(6) "Utah Consolidated Application" or "UCA" means the web-based grants management tool employed by the Board through which LEAs submit plans and budgets for approval by the Superintendent.]

 

R277-707-3. Eligibility[, ] and Application[, Distribution and Use of Funds].

(1) All LEAs are eligible to apply for the Enhancement for Accelerated Students Program funds [using the UCA]annually.

(2)[(a)] An LEA shall have a process for identifying students whose potential could be supported by accelerated programs[academic achievement is accelerated based upon multiple assessment instruments.

(b) These instruments shall not be solely dependent upon English vocabulary or comprehension skills and shall take into consideration abilities of culturally diverse students and students with disabilities].

(3) To receive program money, an LEA shall submit an application to the Superintendent that includes an LEA's plan for:

(a) how the LEA intends to engage all parents so that parents understand the opportunities available for their children in elementary, middle school, high school and beyond, including how the LEA will comply with Rule R277-462;

(b) how the LEA intends to spend program money; and

(c) how the LEA intends to eliminate barriers and increase enrollment of underrepresented students in accelerated academic programs.

(4) The Superintendent shall publish outlines and required submission dates related to an LEA application and plan for increasing enrollment of underrepresented students in accelerated academic programs.

[(3) The distribution formula includes an allocation of money for:

(a) Advanced Placement courses:

(i) The designated funds for the advanced placement program equal 0.38 multiplied by the difference between the funds appropriated for the Enhancement for Accelerated Students Program less the allotment under Subsection 53A-17a-165(3).

(ii)(A) The total funds designated for the advanced placement program are divided by the total number of Advanced Placement exams passed with a grade of 3 or higher by students.

(B) This calculation results in a fixed amount per exam passed with each participating LEA receiving that amount for each exam successfully passed by one of its students.

(b) Gifted and Talented programs:

(i) The designated funds for the Gifted and Talented Program equal 0.62 multiplied by the difference between the funds appropriated for the Enhancement for Accelerated Students Program less the allotment under Subsection 53A-17a-165(3).

(ii) Each LEA shall receive its share of funds in the proportion that the LEA's number of weighted pupil units for kindergarten through grade twelve bears to the state total.

(iii) An LEA shall expend Gifted and Talented program funds in accordance with the UCA guidelines.

(c) IB: LEAs shall have an IB authorized program to qualify for funds.

(i) Fifty percent of the total funds designated for IB consistent with Subsection 53A-17a-165(3) shall be equally distributed among all authorized IB programs in the state.

(ii) The remaining fifty percent of allocation shall be distributed to LEAs with Diploma Programs where students scored a grade of 4 or higher on IB exams, resulting in a fixed amount of dollars per exam passed.]

 

R277-707-4. Distribution and Use of Funds.

(1) The Superintendent shall distribute Enhancement of Accelerated Students program funds as follows:

(a) the greater of 1.5% or $100,000 to support IB programs;

(b) 60% of funds to LEAs to support Gifted and Talented programs; and

(c) the remaining funds to LEAs to support AP programs.

(2)(a) The Superintendent shall determine funding to be awarded to an LEA's IB programs by:

(i) dividing the number of students enrolled in an LEA's IB program by the total enrollment of students in IB programs throughout the state; and

(ii) multiplying the result from Subsection (2)(a)(i) by the total IB allocation.

(b) The Superintendent shall determine 50% of the funding to be awarded for an LEA AP programs by:

(i) dividing the number of students enrolled in an LEA's AP classes by the total enrollment of students in AP classes throughout the state; and

(ii) multiplying the result from Subsection (2)(b)(i) by half of the total AP allocation.

(c) The Superintendent shall determine 50% of the funding to be awarded for LEA AP programs by:

(i) dividing the number of students in the LEA receiving a two or higher on an AP examination by the total number of students receiving a two or higher on an AP examination throughout the state; and

(ii) multiplying the result from Subsection (2)(c)(i) by half of the total AP allocation.

(3) If an LEA fails to demonstrate progress in meeting plan goals for placing and retaining underrepresented students in accelerated programs, the Superintendent may:

(a) place the LEA on probation and provide targeted technical assistance; and

(b) reduce funding to the LEA.

(4) Subject to the general requirements of Section R277-700-7:

(a) A middle school or high school:

(i) shall provide all course registration opportunities to each student; and

(ii) through consultation with students, parents, educators, and administrators, may consider academic readiness, but may not require prerequisites for enrolling in an AP or IB course.

(b) A school that offers a program eligible for funding under Section 53F-2-408, may not prohibit a student from enrolling in the course based on the student's:

(i) grades or grade point average;

(ii) state standardized assessment scores; or

(iii) referral or lack of a referral from an educator;

(c) In addition to the restrictions listed in Subsection (d), a middle school or high school may not prohibit a student from enrolling in a course based on the student's:

(i) grade level;

(ii) participation in or passing a pre-requisite course;

(iii) participation in or passing an honors-level or college-preparatory course; or

(iv) requirements over the summer.

(5) An LEA may use Enhancement for Accelerated Students Program funds for:

(a) gifted and talented programs, including professional learning for teachers;

(b) identification of underrepresented students;

(c) Advanced Placement courses;

(d) Advanced Placement test fees of eligible low-income students, as defined in Section 53F-2-408;

(e) International Baccalaureate programs; or

(f) International Baccalaureate test fees of eligible low-income students, as defined in Section 53F-2-408.

 

R277-707-[4]5. Performance Criteria and Reports.

(1) An LEA receiving funds[, as set forth in Section R277-707-3,] shall [be required to ]submit an annual evaluation report to the Superintendent consistent with Section [53A-17a-165]53F-2-408.

(2) An LEA shall present the evaluation report identified in Subsection (1) to the LEA's local board in a public meeting.

(3) The report shall include the following performance criteria related to the identified students whose academic achievement is accelerated, which shall be disaggregated by groups as defined in the State Accountability System:

[(a) number of identified students disaggregated by subgroups;

(b) graduation rates for identified students;]

(a) number of elementary, middle school, and high school students participating in Gifted and Talented programs;

([c]b) number of AP classes taken, completed, and exams passed with a score of [3]2 or above[by identified students];

([d]c) number of IB classes taken, completed, and exams passed with a score of 4 or above[by identified students]; and

(d) evidence of stakeholder input demonstrating that the LEA engaged parents;

[(e) number of Concurrent Enrollment classes taken and credit earned by identified students;

(f) ACT or SAT data, including the number of students participating, at or above the college readiness standards;

(g) gains in proficiency in language arts; and

(h) gains in proficiency in mathematics.]

(4) As part of the LEA's annual report under Subsection (1), an LEA shall provide assurances that the LEA is:

(a) increasing enrollment of underrepresented students in the LEA's accelerated academic courses; or

(b) meeting goals in the LEA's plan to increase enrollment and retention of underrepresented students in the LEA's accelerated academic courses.

[(2) The Superintendent shall submit an annual report on program effectiveness to the Public Education Appropriations Subcommittee of the Utah State Legislature consistent with Subsection 53A-17a-165(6).]

 

KEY: accelerated learning, enhancement programs

Date of Enactment or Last Substantive Amendment: [July 11, 2016]2019

Notice of Continuation: May 16, 2016

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; [53A-17a-165]53F-2-408; [53A-17a-165(5); 53A-1-401]53E-3-401(4)

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