No. 41778 (Amendment): Rule R277-479. Charter School Special Education Student Funding Formula

(Amendment)

DAR File No.: 41778
Filed: 06/09/2017 12:26:08 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-479 is amended to update the rule in accordance with the Rulewriting Manual for Utah.

Summary of the rule or change:

Rule R277-479 is amended to provide technical and conforming changes in accordance with the Rulewriting Manual for Utah.

Statutory or constitutional authorization for this rule:

• Art X, Sec 3
• Subsection 53A-1-402(1)
• Section 53A-15-301
• Section 53A-1-401

Anticipated cost or savings to:

the state budget:

Providing technical and conforming changes to the rule will likely not result in a cost or savings to the state budget.

local governments:

Providing technical and conforming changes to the rule will likely not result in a cost or savings to local government. This rule provides procedures for public participation in Board meetings and does affect local government.

small businesses:

Providing technical and conforming changes to the rule will likely not result in a cost or savings to small businesses. This rule and the amendments provide procedures for public participation in Board meetings and do not affect small businesses.

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

Providing technical and conforming changes to the rule will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Providing technical and conforming changes to the rule will likely not result in any compliance costs for affected persons.

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

After conducting a thorough analysis, it was determined that the amendments to this rule will not result in a fiscal impact to businesses.

Sydnee Dickson, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7656, 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:

07/31/2017

This rule may become effective on:

08/07/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-479. Funding for Charter School [Special Education Student Funding Formula]Students With Disabilities on an IEP .

R277-479-[2]1. Authority and Purpose.

[A.](1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3 , which vests general control and supervision [of]over public education in the Board[,];

(b) Section 53A-1-401, which allows the Board to make rules to execute the Board's duties and responsibilities under the Constitution and state law;

(c) Subsection 53A-1-402(1) , which directs the Board to adopt rules regarding services for persons with disabilities[,]; and

(d) Section 53A-15-301 , which directs the Board to set standards for state funds appropriated for students with disabilities[,].[and Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities.]

[B.](2) The purpose of this rule is to specify standards and procedures for funding of charter school [special education ]students [funding]with disabilities on an IEP.

 

R277-479-[1]2. Definitions.

[A.](1) "Base" [for purposes of this rule, ]means prior year special education add-on WPU.

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

[C.](2) "Charter school[s]" means a school[s] authorized [as charter schools ]by [chartering entities]a charter school authorizer under:

(a) Section[s] 53A-1a-515[,];

(b) Section 53A-1a-521[,];[and this rule or by the Board under] or

(c) Section 53A-1a-505.

[D.](3) ["Chartering entities" means entities that authorize charter schools under Section 53A-1a-501.3(3).]"Charter school authorizer" or "authorizer" has the same meaning as that term is defined in Subsection 53A-1a-501.3(4).

[E.](4) "Estimated enrollment" means a charter school's projected student enrollment in the school's first year of operation as approved by the [USOE]Superintendent.

[F.](5) "Foundation[,]" [for purposes of this rule, ]means the average of self-contained and resource special education students[' (self-contained and resource)] average daily membership [(ADM) ]over the previous five years.

[G.](6) "Negative growth adjustment" means prior year special education add-on WPU minus weighted negative growth.

[H.](7) "New charter school[,]" [for the purpose of this rule, ]means a charter school with less than five years of operation.

[I.](8) "Positive growth adjustment" means prior year special education add-on WPU plus weighted growth.

[J.](9) "Prevalence rate" means the percentage of students with disabilities within the total student enrollment.

[K.](10) "Previous five years[,]" [for the purpose of this rule, ]means the five year span between the seventh and second prior fiscal year.

[L.](11) "Significant expansion" means a substantial increase in the number of students attending a charter school due to a significant event, such as the addition of new grade levels or additions of sites, that is unlikely to occur on a regular basis.

[M.](12) "Special education" means specially designed instruction and related services to meet the unique needs of a student with a disability [under]in accordance with R277-750.

[N.](13) "State Charter School Board" or "SCSB" means [the board designated in]the charter school authorizer created in accordance with Section 53A-1a-501.5.

[O.](14) "Student with a disability" means a student, evaluated in accordance with Utah State Board of Education Special Education Rules, and determined to be eligible for special education and related services.

[P.](15) "Total enrollment[,]" [for the purposes of this rule, ]means the total number of all students enrolled in [the]all campuses of a school [(including all multiple sites) ]as of the October 1 UTREx update.

[R. "USOE" means the Utah State Office of Education.]

[S.](14) "Utah eTranscript and Record Exchange " or [(]"UTREx[)]" means a system that allows:

(a) individual detailed student records to be exchanged electronically among public education LEAs and the [USOE]Superintendent[,]; and

(b) [allows ]electronic transcripts to be sent to any post-secondary institution[, private or public, in-state or out-of-state,] that participates in the e-transcript service.

 

R277-479-3. Charter School Special Education Add-On Funding.

[A. Foundation]

(1) For existing charter schools, the Superintendent shall calculate the foundation [is calculated ]based on the average ADM of students with disabilities for the previous five years.

(2) (a) [New]For new charter schools , the Superintendent shall calculate the foundation[

(a) For new charter schools, a five year average cannot be calculated; the calculation of foundation shall be] based on the average special education ADM for the number of years the new charter school has been in operation beyond the first year.

(b) In [the]its first operational year, a new charter school shall receive special education funding [shall be ]based on estimated enrollment.

([b]c) Unless [the]a new charter school['s approved purpose is specific to the needs of] identifies a purpose and target population in its application focusing on students with disabilities, the estimate of students with disabilities for a new charter school shall be 10 percent of the estimated enrollment.

(3) The foundation is the minimum amount a charter school may receive for special education-add on funding.

[B. Growth adjustments

(1) Positive Growth Adjustment]

(4)(a) The Superintendent shall apply a positive growth adjustment to a charter school's foundation for weighted growth.

([a]b) Weighted growth is determined by comparing special education ADM and total ADM from the third and second prior fiscal years.

([b]c) The rate of growth in special education ADM [is limited to]may not exceed the rate of growth in total ADM.

(d) The Superintendent shall multiply positive weighted growth[If the percentage determined for growth is positive, it is multiplied] by a factor of 1.53 and add[ed] the result to [the base]a charter school's foundation.

([c]e) The[re is no] Superintendent may not impose a funding cap [imposed ]based on the charter prevalence rate because [some]a charter school[s are] is designed and authorized specifically to serve students with disabilities.

([d]f) When there is no growth, either because [the]a charter school is new or because the same number of students [is]are enrolled, the[n there is no] Superintendent may not apply a positive growth adjustment.

([2]5) (a) [Negative Growth Adjustment]The Superintendent shall apply a negative growth adjustment to a charter school's base for decline in special education ADM.

([a]b) [If the charter school experiences a decline in special education ADM of students with disabilities, a negative growth adjustment shall be applied. ]The negative growth adjustment is the base multiplied by the percentage of enrollment decline.

(c) The Superintendent shall subtract the result calculated under Subsection (5)(b) [This number is then subtracted] from the base to determine WPU.

([b]d) When there is no decline in [the]a charter school's enrollment of students with disabilities, either because the charter school is new or because the same number of students [is]are enrolled, the[n there is no] Superintendent may not apply a negative growth adjustment to the charter school's allotment.

([c]e) If [the]a negative growth adjustment brings the WPU [to lower than]below the foundation, the charter school shall receive the foundation WPU.

[C. Significant expansion adjustment]

([1]6) (a) If an authorizer approves a significant expansion for a [C]charter school[s], [identified by the school's chartering entity as having significant expansion receive]during the first and second years of expansion, the Superintendent shall apply an additional funding adjustment after the entire add-on WPU formula is calculated[in the first and second years of expansion].

(b) After [that period,] the first and second years of a charter school's expansion, the special education formula provided in this R277-479-3 shall account for the expansion.

([2]c) The Superintendent shall calculate a significant expansion adjustment [will ]by [estimate] estimating the number of students with disabilities who will enroll as part of the expansion, and [provide]providing funding for these anticipated students.

([a]d) (i) The Superintendent shall base the estimate under Subsection (6)(c)[shall be based] on [the]a projected expansion adjustment [as determined by the USOE.]calculated by the Superintendent accounting for expansion information provided by a charter school's authorizer.

(ii) [This]The Superintendent shall multiply the projection [shall be multiplied ]by the prevalence rate of students with disabilities for the charter school for the most recent year calculated in the add-on formula.

[(b) The result shall be the estimated ADM of students with disabilities who enroll with the expansion. This number is equal to the significant expansion adjustment WPU, which is added as an expansion supplement to the add-on WPU allocated to each charter school.]

(iii) The Superintendent shall allocate the resulting significant expansion adjustment WPU as an expansion supplement to the charter school's add-on WPU.

 

KEY: charter schools, students with disabilities

Date of Enactment or Last Substantive Amendment: [May 8, 2012]2017

Notice of Continuation: March 15, 2017

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-1-402(1); 53A-15-301; 53A-1-401[(3)]

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