No. 31575 (Repeal and Reenact): R277-437. Student Enrollment Options

DAR File No.: 31575
Filed: 06/16/2008, 03:28
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed rule repeal and reenactment is a result of 2008 legislation in H.B. 349 that significantly changed the law on open enrollment for Utah public school students. (DAR NOTE: H.B. 349 (2008) is found at Chapter 346, Laws of Utah 2008, and was effective 05/05/2008.)

Summary of the rule or change:

The new rule does not contain the following definitions: Average daily membership threshold, Instructional station, Nonresident district, Projected average daily membership; School capacity. The new rule provides a definition of "safety emergency" that was not in the old rule. Section R277-437-3 of the old rule provided a date of November 30 for local boards to announce policies describing procedures for students to follow in apply to attend schools other than their respective schools of residence--the new rule changes that date to September 30. The old rule does not have a section regarding State Board of Education responsibilities that is now in the new rule and includes a requirement to post a standard enrollment options application form to the Utah State Office of Education website.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-402(1)(b) and Section 53A-2-210

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Schools and school districts will be responsible to implement the new laws on open enrollment. The state will develop a model application which will require no additional costs.

local governments:

There may be some costs to local government. Because open enrollment thresholds have changed, more students may be enrolling in nonresident school districts. Resident school districts are required to pay a portion of the local funding that a student receives to the nonresident school district accepting a student, which could result in a loss of revenue to the resident school district especially if large number of students transfer. Costs are far too speculative to predict at this time.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses AND persons other than businesses. This rule provides standards and procedures that related to Utah public schools.

Compliance costs for affected persons:

There may be some compliance costs for affected persons. Because open enrollment thresholds have changed, more students may be enrolling in nonresident school districts. Resident school districts are required to pay a portion of the local funding that a student receives to the nonresident school district accepting a student, which could result in a loss of revenue to the resident school district especially if large number of students transfer. Costs are far too speculative to predict at this time.

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:

07/31/2008

This rule may become effective on:

08/07/2008

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-437. Student Enrollment Options.

[R277-437-1. Definitions.

A. "Available school or program" means a school or program currently designated under this rule by a district as open to nonresident students.

B. "Average daily membership threshold" means 90 percent of the maximum capacity of a school.

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

D. "District of residence" means a student's school district of residence under Section 53A-2-201.

E. "Instructional station" means a classroom, laboratory, shop, study hall, or physical education facility to which a local board of education could reasonably assign a class, teacher or program during a given class period. For example, if two P.E. classes were assigned to meet in the gymnasium simultaneously, the gymnasium would represent two instructional stations.

F. "Nonresident district" means a school district other than the district of residence of the student in question.

G. "Nonresident student" means a student attending or seeking to attend a school other than the school of residence.

H. "Projected average daily membership" means the current year enrollment of a school as of October 1, adjusted for projected growth for the coming school year.

I. "Residual per student expenditure" means the expenditure based on the most recent State Superintendent's Annual Report according to the following formula:

(1) Take total expenditures before interfund transfer for:

(a) maintenance and operation;

(b) tort liability; and

(c) capital projects.

(2) Subtract from the sum of (1), above:

(a) resident district's taxes collected under the Minimum School Program;

(b) state revenue;

(c) federal revenue; and

(d) expenditures for site acquisition or new facility construction (new facility construction includes remodeling that increases building square footage or other major remodeling, if approved by the USOE Director of Finance).

(3) Divide the remainder of (1) and (2) above by the total student membership of the district as reported in the most recent State Superintendent's Annual Report.

J. "School capacity" or "maximum capacity" means the total number of students who could be served in a given school building if each of the building's instructional stations were to have the following enrollment:

(1) Elementary Schools: at least equal to the district's average class size for each particular grade;

(2) Middle, Junior, Senior High Schools: At least equal to the district's average class size for like classes; and

(3) instructional station capacity for laboratories, physical education facilities, shops, study halls, self-contained special education classrooms, facilities jointly financed by school districts and another community agency for joint use and similar rooms must be calculated individually. Capacity for self-contained special education classrooms shall be based upon students per class as defined by Board and federal special education standards. (The above standards are based in part upon Section 53A-17a-124.5)

K. "School of residence" means the school which a student would normally attend in the student's district of residence.

L. "Serious infraction of the law or school rules" means any behavior which could, under rules of the nonresident district in which enrollment is sought, subject a student to suspension for more than ten days or expulsion.

M. "USOE" means the Utah State Office of Education.

 

R277-437-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which places general control and supervision of the public school system under the Board, by 53A-1-402(1)(b) which directs the Board to establish rules and minimum standards for access to programs and by 53A-2-207 through 213 which directs the Board to develop rules for student enrollment options.

B. The purpose of this rule is to provide: options for a student to attend public school within the student's district of residence whenever there is space available at the desired school; definitions relating to school choice; standards for transferring students; rules for participation in interscholastic competition; a form for students to use when applying for open enrollment; and an explanation for use of the form, "Application for Student to Attend School in Nonresident School or District," in seeking permission for a student to attend school in a school other than the school of residence.

 

R277-437-3. Local School Board and District Responsibilities.

A. Prior to November 30 of each school year a local board shall announce policies describing procedures for students to follow in applying to attend schools other than their respective schools of residence, and designate which schools and programs will be available for open enrollment during the coming school year.

(1) A local board shall designate each school which has a projected daily membership below the average daily membership threshold as available for open enrollment, and may designate schools as available even though projected daily membership exceeds threshold levels.

(2) If construction, remodeling, or other circumstances beyond the control of the local board do not reasonably permit the local board to make sufficiently accurate enrollment projections for a given school to determine whether the school should be designated as available for open enrollment for the coming year, the local board shall permit submission of enrollment applications for that school during the application period and notify applicants that approval will be delayed until additional information is available.

(3) Whether applications are received for schools designated as open, or for schools for which the local board was unable to make a designation, the local board must give applicants written notification of acceptance or justification for the rejection of their applications, including standards outlined in Section 53A-2-208, by March 1 (for current nonresident students) or March 15 (for new nonresident students).

B. As required under Subsection 53A-2-210(2), a resident district shall pay to a nonresident district one-half of the resident district's residual per student expenditure for each resident student properly registered in the nonresident district.

C. A district shall allow an enrolled nonresident student to remain enrolled in the district, subject to the conditions noted under Subsections 53A-2-207(6) and (7), provided:

(1) if a nonresident student is to be excluded from continued enrollment in a school because current or projected resident student enrollment meets or exceeds maximum school capacities, and there is another school which the student could attend within the district which has not reached maximum enrollment, the nonresident student shall be given the opportunity to enroll in that school.

(2) nonresident students who must be relocated under Subsection (1) due to increased enrollment of resident students, and siblings of nonresident students who are currently attending a school within the district, shall have priority in enrollment over other nonresident students who are seeking enrollment in the district for the first time.

(3) a school district may designate the schools which students shall attend as they move from elementary school to middle school to high school. Attendance at a specific elementary, junior high or middle school does not guarantee attendance at a specific junior high or high school.

D. Each local board shall establish a procedure to consider appeals of any denial of initial or continued enrollment of a nonresident student under Subsection 53A-2-209(1).

E. A local board of education may limit open enrollment options consistent with Section 53A-2-208(2)(a).

F. Notwithstanding the average daily membership threshold and maximum school capacity as defined in R277-437-1(B and J), a local board of education may allow nonresidents to enroll in schools other than their school of residence for reasons such as:

(1) enrollment is necessary to protect the health of the student as determined by a specific medical recommendation from a medical doctor;

(2) enrollment in a specific school is necessary to protect the emotional or physical safety of a student, based on documentation/evidence provided by the student's previous school, the parent(s)/guardian(s), a clinical psychologist who is tracking the student, or cumulative information;

(3) if a sibling currently attends that school; or

(4) if a parent/guardian is an employee of the school.

G. No student who currently resides in the school attendance area of a school within the district shall be displaced or excluded because of students transferring from outside the school attendance area.

H. Resident students of both a specific school and the district within which the school exists shall receive enrollment preference over nonresident students.

I. There shall be no presumption of eligibility for participation under Utah High School Activities By-laws or regulations for students transferring under R277-437-3F.

 

R277-437-4. Transportation.

A school district may transport its students to schools in other districts under Subsection 53A-2-210(3)(b)(i).]

R277-437-1. Definitions.

A. "Available school or program" means a school or program currently designated under the law and this rule by a district as open to nonresident students.

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

C. "District of residence" means a student's school district of residence under Section 53A-2-201.

D. "Nonresident student" means a student attending or seeking to attend a school other than the designated school of residence.

E. "Residual per student expenditure" means the expenditure based on the most recent State Superintendent's Annual Report according to the following formula:

(1) Take total expenditures before interfund transfer for:

(a) maintenance and operation;

(b) tort liability; and

(c) capital projects.

(2) Subtract from the sum of (1), above:

(a) resident district's taxes collected under the Minimum School Program;

(b) state revenue;

(c) federal revenue; and

(d) expenditures for site acquisition or new facility construction (new facility construction includes remodeling that increases building square footage or other major remodeling, if approved by the USOE Director of Finance).

(3) Divide the remainder of (1) and (2) above by the total student membership of the district as reported in the most recent State Superintendent's Annual Report.

F. "Safety emergency" means a situation in which:

(1) enrollment in a specific school is necessary to protect the health of the student as determined by a specific medical recommendation from a medical doctor; or

(2) enrollment in a specific school is necessary to protect the emotional or physical safety of a student, based on documentation/evidence provided by the student's previous school, the parent(s)/guardian(s), a clinical psychologist who is tracking the student, or cumulative information.

G. "School of residence" means the school which a student would normally attend in the student's district of residence.

H. "School into which the school's students feed" for purposes of this rule means school boundaries and feeder systems as determined by the local board of education which may change over time.

I. "Serious infraction of the law or school rules" means chronic misbehavior by a student which is likely, if it were to continue after the student was admitted, to endanger persons or property, cause serious disruptions in the school, or to place unreasonable burdens on school staff.

J. "USOE" means the Utah State Office of Education.

 

R277-437-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which places general control and supervision of the public school system under the Board, by 53A-1-402(1)(b) which directs the Board to establish rules and minimum standards for access to programs and by 53A-2-210 which directs the Board to provide a formula by rule for resident students who attend school districts under Section 53A-2-206.5 et seq. This rule is consistent with federal laws and regulations, including the Individuals with Disabilities Act (IDEA), 20 U.S.C., Chapter 33, Section 1412 as amended by Public Law 102-119, and the Elementary and Secondary Education Act of 2001 (ESEA), P.L. 107-110.

B. The purpose of this rule is:

(1) to establish necessary definitions;

(2) to establish a formula for the residual per pupil expenditure for school districts to reimburse each other for full and part-time nonresident students;

(3) to summarize school, school district, and state responsibilities under Section 53A-2-206.5; and

(4) to provide a standard statewide open enrollment form required under Section 53A-2-207(4)(b).

 

R277-437-3. Local School Board and District Responsibilities.

A. Prior to September 30, 2008, a local board shall announce policies describing procedures for students to follow in applying to attend schools other than their respective schools of residence. Local school boards shall designate which schools and programs will be available for open enrollment during the coming school year consistent with the definitions and timelines of Section 53A-2-206.5 et seq.

B. If construction, remodeling, or other circumstances beyond the control of the local board do not reasonably permit the local board to make sufficiently accurate enrollment projections for a given school to determine whether the school should be designated as available for open enrollment for the coming year, the local board shall designate delays and procedures consistent with Section 53A-2-207(4)(c).

C. As required under Subsection 53A-2-210(2), a resident district shall pay to a nonresident district one-half of the resident district's residual per student expenditure for each resident student properly registered in the nonresident district.

D. Each local board shall establish a procedure to consider appeals of any denial of initial or continued enrollment of a nonresident student under Subsection 53A-2-209(1).

E. A local board of education may deny enrollment of nonresident students for reasons identified in R277-437-1I.

F. There shall be no presumption of eligibility for students to participate in activities governed by the Utah High School Activities Association (UHSAA) if students transfer under Section 53A-2-206.5.

 

R277-437-4. State Board of Education Responsibilities.

A. Capacity for special education classrooms shall:

(1) be consistent with Utah Special Education Caseload Guidelines; and

(2) depend on staffing and funding constraints of the receiving school district.

B. A standard enrollment options application form shall be available on the USOE website by May 15, 2008.

 

R277-437-5. Transportation.

A school district may transport its students to schools in other districts under Subsection 53A-2-210(3)(b)(i).

 

KEY: public education, enrollment options

Date of Enactment or Last Substantive Amendment: [October 10, 2007]2008

Notice of Continuation: January 5, 2004

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(1)(b); [53A-2-207 through 53A-2-213] 53A-2-210; 53A-2-206.5 et seq.