No. 33743 (New Rule): Rule R277-472. Charter School Student Enrollment and Transfers and School District Capacity Information

(New Rule)

DAR File No.: 33743
Filed: 06/15/2010 07:09:49 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new rule provides for changes in S.B. 188, 2010 Legislative Session, which requires the Utah State Board of Education to write rules and describe procedures for students who transfer between traditional schools and charter schools during the school year. Although there is currently student transfer criteria in Section R277-470-6, Charter Schools, the language in this new rule is more complete. Therefore, a stand-alone rule was proposed and approved by the Utah State Board of Education. This new rule will supersede language in Section R277-470-6 until it is officially removed from Rule R277-470. (DAR NOTE: S.B. 188 (2010) is found at Chapter 162, Laws of Utah 2010, and was effective 05/10/2010.)

Summary of the rule or change:

This new rule provides sections that include: definitions, class size calculations, school district school capacity information, application procedures for students entering and exiting charter schools, and enrollment of transferring charter school students in district schools based upon criteria in the rule.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Subsection 53A-1a-506.5(2)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The rule applies to school districts and charter schools.

local governments:

There are no anticipated costs or savings to local government. School districts and charter schools will need to follow the procedures in this rule when students request transfers to and from school districts and charter schools during the school year. Neither S.B. 188 or this rule make changes in funding to local education agencies (LEAs).

small businesses:

There are no anticipated costs or savings to small businesses. This rule applies to school districts and charter schools.

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. Students will transfer to and from school districts and charter schools consistent with requirements and procedures in this rule.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Students will be able to transfer to and from school districts and charter schools consistent with the procedures in this rule.

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:

08/02/2010

This rule may become effective on:

08/09/2010

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-472. Charter School Student Enrollment and Transfers and School District Capacity Information.

R277-472-1. Definitions.

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

B. "Below capacity at the elementary and secondary level" making the grade level available for transfer students from charter schools outside of the window provided for in Section 53A-1a-506.6(3) is established if the grade level or program is less than 100 percent of the district, school, or grade level average.

(1) A special program is "below capacity" or available for transfer students from charter schools if the number of assigned students is less than the designated number of students determined by valid, research-based, or federally established standards.

(2) An entire elementary or secondary school is "below capacity" if the district determines that the average class size, using calculations of classes and courses in R277-471-1, is less than 100 percent of the district elementary or secondary average class size.

C. "Elementary (K-6) class size" means the number of students with a primary assignment to a specific teacher.

(1) An extended day class in which a portion of the class arrives early and the other portion stays late shall be counted as one class.

(2) Elementary class size shall include all special education students who participate in all or part of the school day excluding those students assigned to self-contained special education classes.

D. "Secondary (7-12) class size" means the secondary school's calculation for each language arts, mathematics, and science course that is typically taught multiple times in the school day, such as 8th grade English, Algebra 1, Earth Systems.

 

R277-472-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution Article X, Section 3 which vests general control and supervision over public education in the Board, Section 53A-1a-506.5(2) which directs the Board to make rules for students transferring between charter schools and district schools and enrolling and withdrawing from charter schools, and 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 procedures for students transferring between district public schools and charter schools; to define capacity in district public schools to allow for transfers into district schools from charter schools; to provide notice to parents and students of schools that have space available.

 

R277-472-3. Class Size Calculations.

A. Elementary class size: Each school district (or school as determined by the school district) shall calculate an average class size for each grade level. This calculation shall be derived from the total number of students in a given grade divided by the number of full time licensed teachers assigned to that grade.

(1) Students assigned to multiple grade level classes (and their respectively assigned teachers) shall not be counted in determining average class size for a grade level.

(2) Elementary classes that group students in programs other than by grade level, such as gifted and talented or English Language Learner programs, shall be calculated as a class if students participate for the entire instructional day.

(a) If students participate in special programs for part of the school day, they must be counted as part of their age-appropriate grade level (together with respective teachers) for purposes of this calculation.

(b) If multiple classes of special programs exist (including self-contained special education classes), an average class size for special programs must be determined-consistent with state, federal and program standards.

B. Elementary school size: Each school district (or school) shall calculate a school-wide average class size by dividing the total full time teachers assigned to direct teaching situations by the total number of students receiving instruction.

(1) Self-contained special education students and teachers shall not be included in this calculation.

(2) All other special education students and teachers shall be included.

C. Secondary average class size: Each school district (or secondary school as determined by the district) shall calculate an average class size for each language arts, mathematics and science course that is taught multiple times during a typical school day by dividing the total number of full time teachers assigned to direct teaching situations by the total number of students enrolled.

(1) Self-contained special education students and teachers shall not be included in this calculation.

(2) All special education students, other than full-time self-contained students, shall be included in the calculation.

D. District average: Each school district shall calculate the district-wide average class size for each grade level, each elementary program that enrolls students across grade levels and for each language arts, mathematics, and science course.

(1) The calculation shall be determined by dividing the total number of full time teachers (FTEs) assigned to direct teaching situations by the total number of fully enrolled students.

(2) All calculations shall be made using October 1 enrollment and employment data.

E. In a school district with only one elementary or secondary school, or only one class of any subject or grade level, the average class size may be calculated for an entire school or the entire school district by averaging all the classes in the school or the school district. The school district may then determine that any class size less than the school district or school average class size is below capacity.

 

R277-472-4. School District School Capacity Information.

A. School districts shall provide and post the following information to facilitate transfer of students on school district or school websites:

(1) Elementary schools within the school district that are below capacity and available for transfer students;

(2) Grade levels and special programs within elementary schools that are below capacity and available for transfer students;

(3) Secondary schools that are below capacity and available for transfer students based on calculated capacity of language arts, science and mathematics; and

(4) Special programs within secondary schools that are below capacity and available for transfer students.

B. Below capacity standards for individual schools, grade levels, courses or programs do not apply if a school has documentation that the school community council in a public meeting has designated more than one-half of a school's school LAND trust annual allotment to reduce class size in a specific school, grade level, program or course.

 

R277-472-5. Application Procedures for Students Entering and Exiting Charter Schools.

A. Each charter school shall post on its website information and procedures required under Section 53A-1a-506.5(2).

B. Each charter school shall develop and post admissions procedures for the charter school including:

(1) Lottery dates and procedures;

(2) Admission forms;

(3) School calendar;

(4) Non-discrimination assurances;

(5) A clear explanation, including timelines required in the law and provided in individual charter school policies, of student transfer procedures from a charter school to another charter school or to a district school;

(6) A readily accessible transfer form; and

(7) Assurance and parent signature that student has been admitted to only one charter school.

 

R277-472-6. Enrollment of Transferring Charter School Students in District Schools.

A. A school district shall enroll a student who is a resident of a school district, who desires to transfer from a charter school to the resident school after June 30 and who submits enrollment information consistent with all school district students in a district school that is below capacity.

B. A school district shall not require enrollment procedures or forms from students moving from a charter school to a district school that differ in any way from enrollment procedures/forms required for district students if the charter school students are leaving a charter school after the final grade level offered by the charter school.

C. Students who are transferring from a charter school to a district school after June 30 for the upcoming school year are limited to schools, grade levels, programs and courses that have space available or are below capacity at the district schools.

D. Parents/Students who are enrolled at charter schools and are seeking enrollment at district schools should check with the school district office (or school principal if designated by the school district) for official current capacity information about schools, grade levels, programs or courses before leaving a charter school and forfeiting a charter school enrollment right.

E. A change in location for a student with disabilities may not result in a change of placement as determined by the student's IEP and consistent with the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400, Part B.

F. Consistent with Section 53A-11-904(3), students may be denied enrollment in a public school if they have been expelled from a public school.

G. Students may be denied enrollment in a public school if they leave a public school with disciplinary procedures pending at the previous Utah public school until previous allegations have been resolved.

H. Charter schools and district schools shall notify each other of student enrollment consistent with Section 53A-1a-506.5(4).

 

KEY: charter schools, students, transfers

Date of Enactment or Last Substantive Amendment: 2010

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-1a-506.5(2); 53A-1-401(3)

 

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