No. 38585 (Emergency Rule): Section R277-419-9. Provisions for Maintaining Student Membership and Enrollment Documentation and Documentation of Student Education Services Provided by Third Party Vendors for School Year 2014-2015

DAR File No.: 38585
Filed: 06/09/2014 01:53:49 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of Section R277-419-9 is to provide direction to local education agencies (LEAs) about student membership and enrollment documentation for the 2014-2015 school year. Section R277-419-9 also requires State Superintendent of Public Instruction approval of nontraditional programs managed solely by third party contractors. It also requires LEAs to establish written monitoring plan to ensure compliance with law and Utah State Board of Education (Board) administrative rules for a nontraditional program managed by a contractor.

Summary of the rule or change:

Section R277-419-9 provides language: describing traditional and nontraditional programs, differentiated by the instruction methods and delivery methods; requiring all LEAs and all programs to comply with the provisions of Rule R277-419; requiring LEAS with nontraditional programs to establish a written policy developing a "continuing enrollment measurement" by 08/29/2014 which shall be monitored by LEA employees to satisfy the requirements of Rule R277-419; requiring all LEA nontraditional programs, which are solely managed by a third party, to submit documentation demonstrating compliance with law and Board rule as required by the Board by 07/15/2014; requiring the superintendent to approve or issue corrective action letters and timelines specific to compliance issues -- programs that are not approved or do not complete corrective action objectives by the timeline may not qualify for some or all minimum school program funds; and requiring LEAs that contract with third parties to develop supervision and monitoring plans for vendors, and retain documentation of the implementation of their plans.

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification: Public schools receive per pupil funding from the state. Rule R277-419 requires schools/LEAs to monitor students' school attendance and not claim students for funding if they miss 10 consecutive days/periods. The Utah State Office of Education (USOE) has information that many schools do not comply with this "10 day" provision. This emergency section of Rule R277-419 will allow the USOE to gather reliable data to assure that LEAs are claiming only students who are actually attending public schools. Section R277-419-9 will also provides for LEA documentation that schools/LEAs are adequately supervising third party vendors that provide services to students.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-402(1)(e)

Anticipated cost or savings to:

the state budget:

Specific Utah State Office of Education employees will have increased responsibilities as a result of Section R277-419-9. Additional responsibilities will be accomplished by existing staff and within existing budgets.

local governments:

Specific school/LEA employees will have increased responsibilities as a result of Section R277-419-9. Additional responsibilities will be accomplished by existing staff and within existing budgets.

small businesses:

Section R277-419-9 provides direction to LEAs about student membership and enrollment documentation which likely will not result in a cost or savings to small businesses so long as businesses are serving students consistent with the law.

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

Section R277-419-9 provides direction to LEAs about student membership and enrollment documentation which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

LEAs and the USOE will have responsibilities--individual persons have no specific duties.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Martell Menlove, 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]

This rule is effective on:

06/09/2014

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-419 Pupil Accounting.

R277-419-9. Provisions for Maintaining Student Membership and Enrollment Documentation and Documentation of Student Education Services Provided by Third Party Vendors for School Year 2014-2015.

A. R277-419-1 through 8 provide direction for student enrollment and eligibility criteria for both traditional and nontraditional schools and programs.

B. A traditional program is a public school program that consists of eligible public education students who physically attend school in classrooms.

C. A nontraditional program is a public school program that consists of eligible, enrolled public education students where students primarily receive instruction either online or through a distance learning program.

D. Home school courses shall not qualify for public education funding for both traditional and nontraditional programs. Home school courses are courses taught by a student's parent, guardian, or other non-LEA employee, outside of an established LEA program. Curriculum for these courses is established by the parent, guardian, or non LEA employee and is not adopted or approved by the LEA.

E. For the 2014-2015 school year, all LEAs that enroll students shall maintain documentation of the following:

(1) that the LEA complied with all provisions of R277-419-1 through 8;

(2) that the LEA complied with all educator licensure requirements of R277-502;

(3) that the LEA complied with all fingerprint and background check requirements for educators, employees and volunteers consistent with Section 53A-3-410, 53A-1a-512.5, R277-516, and R277-520;

(4) that the LEA established a school schedule consistent with R277-419-4A(1);

(5) that the LEA only enrolled students who met the eligibility requirements of R277-419-5A(1) (a-e);

(6) that the LEA directed the instruction of the core curriculum consistent with Section 53A-1-402(1)(a) and R277-700; and

(7) that the LEA scheduled and gave all statewide assessments, as required under Sections 53A-1-606.6 through 53A-1-611 and R277-404.

F. In addition to R277-419-9D, LEAs that enroll students in traditional programs shall also satisfy the requirements of R277-419-5A(1)(f) for the 2014-2015 school year.

G. In addition to R277-419-9D, LEAs that enroll students in nontraditional programs shall also maintain documentation that the LEA did the following in the 2014-2015 school year:

(1) adopted, before August 29, 2014, a written policy that designates a continuing enrollment measurement to document the continuing membership or enrollment status for individual students consistent with R277-419-5A(1)(c);

(2) measured and documented each student's continued enrollment using the adopted continuing enrollment measurement every ten consecutive school days;

(3) documented that LEA employees confirmed students' continued enrollment consistent with R277-419-9F(2) and updated student membership records in the student information system; and

(4) documented that the LEA adjusted the student membership information for students that did not meet the continuing enrollment measurement, consistent with R277-419-5A(1)(c).

H. The continuing enrollment measurement may include some or all of the following components, in addition to other components, as determined by the nontraditional LEA:

(1) a minimum student login or teacher contact requirement;

(2) required periodic contact with a licensed educator;

(3) a minimum hourly requirement, per day or week, that students were engaged in course work; and

(4) required timelines for a student to provide or demonstrate completed assignments, coursework or progress toward academic goals.

I. LEAs enrolling students in nontraditional programs for the 2014-15 school year, where these programs are administered by third party vendors contracted for total education services, shall submit documentation of compliance with law and Board rules (as prescribed by the Board) to the Superintendent's office for review before July 15, 2014. A nontraditional program, that is managed by a third party vendor, and does not receive approval or notice of timelines required for corrective action from the Superintendent's office for the 2014-2015 school year, may not qualify for some or all Minimum School Program funds.

J. An LEA that contracts with a third party vendor to provide total education services to students for nontraditional programs shall monitor and supervise the vendor throughout the administration of the services and ensure compliance with, at a minimum, the following:

(1) all student eligibility and membership/enrollment requirements of R277-419 are met;

(2) all educator licensure requirements of R277-502 were satisfied;

(3) all fingerprint and background check requirements for educators, employees and volunteers consistent with Section 53A-3-410, 53A-1a-512.5, R277-516, and R277-520 were met;

(4) the Utah State Board-directed core standards were used in student instruction, consistent with Section 53A-1-402(1)(a) and R277-700;

(5) all required statewide assessments were given, as required under Sections 53A-1-606.6 through 53A-1-611 and R277-404;

(6) LEA has developed a written supervision plan for the vendor administration of services; and

(7) LEA has maintained documentation of supervisory activities ensuring compliance with the written supervision plan (copy of the agreement, assignment of supervising personnel by title, meeting notes, correspondence with vendor) consistent with the LEA's administrative records retention schedule.

K. Consistent with R277-114, the Board may withhold funds from traditional or nontraditional public education programs for non-compliance with R277-419.

 

KEY: education finance, school enrollment

Date of Enactment or Last Substantive Amendment: June 9, 2014

Notice of Continuation: September 14, 2012

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1-402(1)(e); 53A-1-404(2); 53A-1-301(3)(d); 53A-3-404; 53A-3-410

 

 

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