No. 34937 (New Rule): Rule R277-707. Enhancement for Accelerated Students Program

(New Rule)

DAR File No.: 34937
Filed: 06/15/2011 06:33:49 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new rule is in response to H.B. 2 and S.B. 1, 2011 General Session, that repealed the statutory language that established specific programs that serve accelerated students and created one new program entitled, Enhancements for Accelerated Students, which provides funding to support the academic achievement of students who achieve at above-average levels. The newly enacted statute, Section 53A-17a-165, Enhancement for Accelerated Students Program, and this new rule provide greater flexibility for using funds appropriated to local education agencies (LEAs) to enhance the academic growth of students whose academic achievement is accelerated. (DAR NOTE: H.B. 2 (2011) and S.B. 1 (2011) are effective 07/01/2011.)

Summary of the rule or change:

The new rule provides definitions, procedures for eligibility, application, distribution, and use of funds, and requires performance criteria and reports.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Section 53A-17a-165

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The state will provide funding to schools and school districts for students whose academic achievement is accelerated, as appropriated.

local governments:

There are no anticipated costs or savings to local government. LEAs will continue to receive funding for students whose academic achievement is accelerated, but will have more flexibility in using funds for students.

small businesses:

There are no anticipated costs or savings to small businesses. This rule applies to public education and does not affect businesses.

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. LEAs will continue to receive funding for students whose academic achievement is accelerated.

Compliance costs for affected persons:

There are no compliance costs for affected persons. LEAs will continue to receive funding for students whose academic achievement is accelerated.

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:

08/01/2011

This rule may become effective on:

08/08/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-707. Enhancement for Accelerated Students Program.

R277-707-1. Definitions.

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

B. "Accelerated students" means children and youth whose superior academic performance or potential for accomplishment requires a differentiated and challenging instructional model that may include the following:

(1) Advanced placement courses: rigorous courses developed by College Board. 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. Students who perform well on the AP exam may be granted credit and/or advanced standing at participating colleges or universities.

(2) Gifted and talented programs: programs to assist individual students to develop their high potential and enhance their academic growth and identify students with outstanding abilities who are capable of high performance in the following areas:

(a) general intellectual ability;

(b) specific academic aptitude; and

(c) creative or productive thinking.

(3) International Baccalaureate (IB) Program; a program established by the International Baccalaureate Organization. The Diploma Program is a rigorous pre-university course of study. Students who perform well on the IB exam may be granted credit and/or advanced standing at participating colleges or universities. The Middle Years Program (MYP) and Primary Years Program (PYP) emphasize an inquiry learning approach to instruction.

C. "Local Education Agency (LEA)" means a public school district or charter school, primarily intended to serve students grade K through 12.

D. "Weighted Pupil Unit (WPU)" means the basic state funding unit.

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

F. "Utah Consolidated Application (UCA)" means the web-based grants management tool employed by the USOE through which local education agencies submit plans and budgets for USOE approval.

 

R277-707-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education system in the Board; Section 53A-17a-165 which allows the Board to adopt rules for the expenditure of funds appropriated for Enhancement for Accelerated Students Program; Section 53A-17a-165(5) which authorizes the Board to develop a funding formula and performance criteria to measure the effectiveness of the Enhancement for Accelerated Students Program; and Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to specify the procedures for distributing funds appropriated under Section 53A-17a-165 to LEAs. The intent of this appropriation is to enhance the academic growth of students whose academic achievement is accelerated.

 

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

A. All LEAs are eligible to apply for the Enhancement for Accelerated Students Program funds using the UCA.

B. LEAs shall have a process for identifying students whose academic achievement is accelerated based upon multiple assessment instruments. 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.

C. The distribution formula includes an allocation of money for:

(1) Advanced Placement courses:

(a) 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 Section 53A-17a-165(3).

(b) 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. This results in a fixed amount per exam passed. Each participating LEA shall receive that amount for each exam successfully passed by one of its students.

(2) Gifted and Talented programs:

(a) 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 Section 53A-17a-165(3).

(b) 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.

(3) international baccalaureate programs: LEAs shall have an IB authorized program to qualify for funds.

(i) Fifty percent of the total funds designated for IB consistent with Section 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. Performance Criteria and Reports.

A. LEAs receiving funds shall be required to submit an annual evaluation report to the USOE consistent with Section 53A-17a-165. The report shall include the following performance criteria related to the identified students whose academic achievement is accelerated:

(1) Number of identified students disaggregated by subgroups;

(2) Graduation rates for identified students;

(3) Number of AP classes taken, completed, and exams passed with a score of 3 or above by identified students;

(4) Number of IB classes taken, completed, and exams passed with a score of 4 or above by identified students;

(5) Number of Concurrent Enrollment classes taken and credit earned by identified students;

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

(7) Gains in proficiency in language arts; and

(8) Gains in proficiency in mathematics.

B. The USOE shall submit an annual report on program effectiveness to the Public Education Appropriations Subcommittee of the Utah State Legislature.

 

KEY: accelerated learning, enhancement program

Date of Enactment or Last Substantive Amendment: 2011

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-17a-165; 53A-17a-165(5); 53A-1-401(3)

 

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