No. 28735 (New Rule): R277-603. Basic Skills Education Program

DAR File No.: 28735
Filed: 05/15/2006, 03:58
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new rule is created as a result of H.B. 181 from the 2006 Legislative General Session. The rule provides for remedial instruction to students who have failed the Utah Basic Skills Competency Test (UBSCT) in the two lowest ranges after the spring of their junior year. The rule also establishes requirements for Basic Skills Education providers and students/parents, as well as procedures for program administration. (DAR NOTE: H.B. 181 (2006) is found at Chapter 299, Laws of Utah 2006, and will be effective 07/01/2006.)

 

Summary of the rule or change:

The new rule provides definitions, State Board of Education responsibilities, school districts and charter school responsibilities, accredited public and private providers and other provider responsibilities, parent and student responsibilities, and miscellaneous provisions.

 

State statutory or constitutional authorization for this rule:

Section 53A-1-612

 

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to state budget. The Legislature appropriated funding for the Basic Skills Education Program (BSEP) and the Program will be administered by existing staff.

 

local governments:

Any anticipated cost or savings to school districts may be recouped by school districts if students who received remediation subsequently passed the UBSCT. The Legislature appropriated funding for the vouchers that school districts may earn if they successfully remediate students. School districts will not be compensated for remediation if students do not pass the UBSCT. School district remediation programs may be so varied that costs to remediate students for whom school districts will not be compensated are far too speculative to estimate at this time.

 

other persons:

Anticipated cost or savings to private education provider are speculative at this time. They may provide remediation for students and be compensated if students subsequently pass the UBSCT but we have no estimates of what kind of programs may be provided or the number of students who may participate or the cost of the remediation programs.

 

Compliance costs for affected persons:

There is no requirement under the law or this rule for school districts or private education providers to offer remediation.

 

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. Patti Harrington, State Superintendent of Public Instruction

 

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:

07/03/2006

 

This rule may become effective on:

07/11/2006

 

Authorized by:

Carol Lear, Director, School Law and Legislation

 

 

RULE TEXT

R277. Education, Administration.

R277-603. Basic Skills Education Program.

R277-603-1. Definitions.

A. "Accredited public or private educational institution" means an institution accredited by the Northwest Association of Accredited Schools or a regional accrediting association as a high school, a K-12 school, a special purpose school, a supplementary education school, or a distance education school.

B. "Basic Skills Education Program (BSEP)" means a program created to provide students who have not passed the UBSCT supplemental instruction in the skills and knowledge necessary to pass the test.

C. "Board" means the Utah State Board of Education.

D. "Charter schools" means schools acknowledged as charter schools by local boards of education under Section 53A-1a-515 and this rule or by the Board under Section 53A-1a-505.

E. "Disclosure to parents" means the express acknowledgments and acceptance required for parents or legal guardians under Sections 53A-1-612(10)(b)(ii) and 53A-1-612(12)(c) and this rule.

F. "Distance basic skills education provider" means a Utah-based on-line or correspondence program provided by a public school/school district, the USOE, or an institution of higher education that satisfies the requirements of R277-603-1H.

G. "Enrolled full time" means the student is registered and attending the number of courses a school or school district requires for full-time enrollment for funding purposes. Notwithstanding school district/school policies, a student shall be enrolled in a minimum of five courses for credit to be enrolled full time.

H. "Other basic skills provider" means an education program that:

(1) has a current business license;

(2) meets the requirements of Section 53A-3-410 regarding criminal background checks; and

(3) agrees not to discriminate against stipend recipients on the basis of race, color, national origin, gender, economic status, language proficiency or disability;

(4) submits evidence of expertise and capacity to provide basic skills education which may include most employees providing education services have educator licenses, employees have more than three years of teaching experience in public or private schools, evidence of specific skills or training, accreditation by Northwest or a regional accrediting association, and evidence of curriculum materials aligned to the Core and the UBSCT; and

(5) agrees, if the basic skills provider is an individual employed by a school district or charter school, to abide by all rules pertaining to conflict of interest of educators working in their own fields, consistent with Section 53A-1-402.5 and R277-107, Educational Services Outside of Educator's Regular Employment.

I. "Passing UBSCT results" means a scaled score that is in the sufficient or substantial range that is obtained by a stipend recipient student in either October or February administration of the UBSCT of the student's senior year.

J. "Qualified basic skills education provider" means a school district, a charter school, an accredited public or private educational program, or other entity that has met the following criteria:

(1) The program has a physical location in Utah where students and stipend recipients attend classes and have direct contact with the program's teachers;

(2) the program has applied for eligibility to and been approved by the USOE to enroll BSEP stipend recipients;

(3) the program has provided an affidavit to the USOE affirming its willingness and intention to comply with the requirements and rules of the BSEP; and

(4) satisfies all other requirements of the law and this rule.

K. "Qualifying UBSCT result" means a scaled score that falls into one of the following ranges:

(1) below the midpoint of the partial mastery range but above the minimal mastery range;

(2) below the partial mastery range but above or at the midpoint of the minimal master range; or

(3) below the midpoint of the minimal mastery range.

L. "School district" means a Utah public school district.

M. "Spring of the junior year" means the point in time when the student's class has had three attempts to pass the UBSCT, and the results have been reported to those students who attempted the UBSCT on the third administration.

N. "Stipend" means the amount that a student's parent/guardian may receive to be applied to charges for basic skills education from a qualified provider. A stipend has no value unless assigned to a basic skills education provider, and is only collectible upon the submission of a claim for payment pursuant to the provisions of Section 53A-1-612, and R277-603-4 and 5.

O. "Stipend recipient" means a student who:

(1) meets the qualifications of Section 53A-1-612(4); and

(2) has participated in a minimum of two UBSCT attempts or as many attempts as possible while enrolled in a Utah public school.

O. "Utah Basic Skills Competency Test (UBSCT)" means a test to be administered to Utah students beginning in the tenth grade to include components in English, language arts, reading and mathematics. Utah students shall satisfy the requirements of the UBSCT in addition to state and district graduation requirements prior to receiving a high school diploma indicating a passing score on all UBSCT subtests.

P. "Voucher" means a copy of a students UBSCT results and a statement signed by the student's parent/legal guardian assigning the student's stipend to a BSEP provider. The statement to accompany UBSCT results that assigns the stipend to a BSEP provider shall be provided by the Board and shall contain the following information:

(1) student name;

(2) student birthdate;

(3) parent/guardian name, address, phone number, and other contact information;

(4) student social security number or student identification;

(5) UBSCT results for each failed UBSCT attempt;

(6) required parent and student acknowledgments under Section 53A-1-612 and this rule; and

(7) parent and student signatures.

 

R277-603-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of the public school system under the Board, Section 53A-1-612 which requires the Board to make rules to initiate, manage and monitor the BSEP, and by Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to provide necessary standards and procedures for the Basic Skills Education Program as directed by the Legislature to assist students in passing the Utah Basic Skills Competency Test.

 

R277-603-3. State Board of Education Responsibilities.

A. The Board shall provide school districts and charter schools with a copy of this rule, required forms, templates, and model procedures.

B. The Board shall provide applications annually to Basic Skills Education providers no later than May 1 prior to the year in which eligibility to serve BSEP stipend recipients is sought (June 1 for the 2006-2007 school year).

C. The Board shall provide a determination that an applicant meets the requirements of R277-603 and Section 53A-1-612(1)(b) to be a BSEP provider as soon as possible but no more than 30 days after the applicant submits the required application and materials. The Board may:

(1) provide reasonable timelines for satisfaction of eligibility requirements;

(2) issue letters of warning, require a provider to take corrective action within a time frame set by the Board, suspend a provider from BSEP participation or eligibility, or impose such other penalties as the Board determines appropriate under the circumstances;

(3) make available acknowledgment forms required under Section 53A-1-612(12)(c);

(4) establish appropriate consequences or penalties for providers that:

(a) fail to provide services to eligible students;

(b) fails to act in accordance with provisions of the law and this rule.

D. The Board shall make a list of qualified providers updated annually and available no later than May 30 of each year (June 30 for the 2006-2007 school year).

E. The Board shall honor only requests for payments made with all necessary documentation received consistent with R277-603-4E.

F. The Board shall mail stipend payments directly to qualified providers upon their timely submission to the Board of payment request that complete the requirements of Section 53A-1-612(9) and R277-603-?).

G. If an annual appropriation is inadequate to cover all stipend payments submitted from qualified providers, the Board shall pay stipends on a first submitted/first paid basis or on a proportional basis as circumstances dictate.

H. The Board may verify student UBSCT results and other program information as necessary or warranted with reasonable notice to assure compliance by a stipend recipient/BSEP provider with the provisions of Section 53A-1-602 and this rule.

 

R277-603-4. School Districts and Charter School Responsibilities.

A. School districts and charter schools shall provide students who have qualifying UBSCT results after the spring of their junior year with voucher applications for BSEP stipends.

B. School districts and charter schools that intend to be qualified providers shall notify the Board of their intention and provide the Board with the following information:

(1) a brief description of the BSEP that shall be available to stipend recipients.

(2) a description of amounts, if any, that stipend recipients will be charged in addition to the amount paid by the Board.

(3) a statement of additional charges will be accompanied by an explanation to parents/students or the district's policies consistent with Section 53A-13-104.

(4) a statement that all those who provide BSEP instruction shall be employees of the school district or charter school.

C. School districts and charter schools may not make any charge or refund of a charge contingent upon a student's passing or failing a test. Charges relative to the BSEP are subject to the provisions of Section 53A-12-103(1)(b), and it is presumed that the student will be responsible for any fees associated with a remediation program with exceptions provided for in Section 53A-13-104.

D. School districts and charter schools shall submit request for payment of vouchers in the amount of the stipend, if, on a subsequent administration of the UBSCT, the stipend recipient passes the subtest corresponding to the basic skills education provided by the school district or charter school.

E. Request for payment shall be submitted after the October administration for students who have passed the UBSCT by no later than January 15, and after the February administration for students who have passed no later than April 15.

F. Requests for payments shall only be made for students who were stipend recipients and who received basic skills education from the school district or charter school.

G. School districts and charter schools shall provide to the Board a list of all school district or charter school students who are qualified for stipends.

H. School districts/charter schools shall provide to the Board a list of those students who have assigned their stipends to the school district in such form/format as the Board may determine.

 

R277-603-5. Accredited Public and Private Providers and Other Provider Responsibilities.

A. Accredited public and private providers and other providers that intend to participate in the BSEP shall notify the Board of their intention and provide the following information/materials to the Board to be used to determine eligibility:

(1) a brief description of the BSEP services that will be provided to stipend recipients by the provider;

(2) a description of amounts (if any) that stipend recipients shall be charged in addition to amounts paid by the Board;

(3) a statement that private providers shall not make any charge or refund contingent on a student passing or failing a test; and

(4) a statement that all employees of a BSEP who will be providing remediation services to public school students have had criminal background checks and results have been reviewed and approved by the applicant BSEP.

B. Upon a stipend recipient's presentation to the provider of a voucher, the provider shall notify the Board within 10 days of the commencement of service of its possession of the voucher. This notification shall be submitted to the Board in such form/format as the Board may determine.

C. Accredited public and private providers and other providers shall submit request for payment of vouchers in the amount of the stipend, if, on a subsequent administration of the UBSCT, the stipend recipient passes the subtest corresponding to the basic skills education provided by the school district or charter school.

D. Request for payment shall be submitted after the October administration for students who have passed the UBSCT, by no later than January 15, and after the February administration for students who have passed, no later than April 15.

E. Requests for payments shall only be made for students who were stipend recipients and who received basic skills education from accredited public and private providers and other providers.

 

R277-603-6. Parent and Student Responsibilities.

A. Students with UBSCT results in the ranges in Section 53A-1-612(5) shall qualify for stipends upon a parent/guardian signing a statement assigning the BSEP stipend to a qualified BSEP provider and giving the provider a copy of the student's UBSCT results for every UBSCT attempt made by the student. The statement and UBSCT results constitute a BSEP voucher.

B. A parent may not give a voucher to more than one BSEP provider. Violation of this part may result in invalidation of the voucher and disqualification from further BSEP participation.

C. Parents are entirely responsible for the choice of a BSEP provider from among those listed as qualified by the Board.

D. Parents are responsible for payment of any amounts providers may charge stipend recipients in addition to that paid by the Board.

E. Stipend recipients shall attempt the UBSCT at every available administration after presentation of a voucher to a BSEP provider.

 

R277-603-7. Miscellaneous Provisions.

Educators who are employed by Utah public and charter schools may qualify as BSEP providers consistent with Section 53A-1-402.5 and R277-107.

 

KEY: basic skills competency, stipends

Date of Enactment or Last Substantive Amendment: 2006

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-612(12); 53A-1-401(3)