No. 41791 (Amendment): Rule R277-733. Adult Education Programs

(Amendment)

DAR File No.: 41791
Filed: 06/09/2017 12:37:55 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-733 is amended to update program standards and procedures following a five-year review.

Summary of the rule or change:

The amendments to Rule R277-733 provide definition and procedural changes, incorporating by reference the "Utah Adult Education Policies and Procedures Guide," and updating program standards, and fiscal procedures. Technical and conforming changes to bring the rule into compliance with the Rulewriting Manual for Utah are also provided.

Statutory or constitutional authorization for this rule:

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

This rule or change incorporates by reference the following material:

• Adds Utah Adult Education Policies and Procedures Guide, published by Utah State Board of Education, 06/01/2016

Anticipated cost or savings to:

the state budget:

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

local governments:

Procedural changes and technical and conforming changes will likely not result in a cost or savings to local government.

small businesses:

Procedural changes and technical and conforming changes will likely not result in a cost or savings to small businesses.

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

Procedural changes and technical and conforming changes 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:

Procedural changes and technical and conforming changes 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.

R277-733. Adult Education Programs.

R277-733-[2]1. Authority and Purpose.

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

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

(b) Section 53A-15-401 which [places the]vests general control and supervision [of]over adult education [under]in the Board[,];

(c) Subsection 53A-1-402(1), which allows the Board to adopt minimum standards for programs;[and]

(d) Section 53A-1-401[(3)], which allows the Board to [adopt rules in accordance with its responsibilities]make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law[.];[Additionally, the Board and Board of Regents are directed to provide adult education programs to inmates under] and

(e) Section 53A-1-403.5[.], which vests the Board with responsibility to provide education to persons in the custody of Utah Department of Corrections.

[B.](2) The purpose of this rule is to describe curriculum, program standards, allocation formulas, and operation procedures for the adult education program for adult education students both in and out of state custody.

 

R277-733-2. Incorporation of Utah Adult Education Policies and Procedures Guide by Reference.

(1) The rule incorporates by reference the Utah Adult Education Policies and Procedures Guide, June 2016 Revision, which provides day-to-day operating standards and technical assistance to eligible providers for operation of adult education programs.

(2) A copy of the guide is located at:

(a) http://www.schools.utah.gov/adulted/Directors---Coordinators/Policies-and-Procedures-and-Reports.aspx; and

(b) the Utah State Board of Education.

 

R277-733-[1]3. Definitions.

[A.](1) "Adult" means an individual 18 years of age or over.

[B.](2) "Adult education" means organized educational programs below the collegiate/postsecondary level, other than regular full-time K-12 secondary education programs[,]:

(a) provided by LEAs or [nonprofit organizations]other eligible providers;

(b) affording opportunities for individuals having demonstrated both presence and intent to reside within the state of Utah ;

(c) provided for [who are ]out-of-school youth (16 years of age and older) or adults who have or have not graduated from high school[,]; and

(d) provided to improve [their ]literacy levels and to further [their ]high school level education.

[C.](3)(a) "Adult Basic Education " or "[(]ABE[)]" means a program of instruction at or below the [9.0]8.9 academic grade level , which prepares [for ]adults for advanced education and training, who lack competency in reading, writing, speaking, problem solving or computation at a level that substantially impairs their ability to find or retain adequate employment that will allow them to become employable, contributing members of society[and preparing them for advanced education and training].

(b) [The instruction]ABE is designed to help adults by:

([1]i) increasing their independence;

([2]ii) improving their ability to benefit from occupational training;

([3]iii) increasing opportunities for more productive and profitable employment; and

([4]iv) making them better able to meet adult responsibilities.

[D.](4) "Adult Education and Family Literacy Act " or "[(]AEFLA[)]" means Title II of the Workforce [Investment Act (WIA) of 1998]Innovation Opportunity Act of 2014, which provides the principle source of federal support for [adult basic and literacy education programs for adults who lack basic skills, an Adult Education Secondary Diploma or its equivalency, or proficiency in English.]:

(a) academic instruction and education services below the post-secondary level that increase an adult education student's ability to read, write and speak in English, and perform mathematics or other activities necessary for the attainment of a secondary diploma or its recognized equivalent; and

(b) transition to post-secondary education, training, and employment.

[E.](5) "Adult High School Completion " or "[(]AHSC[)]" means a program of academic instruction at the 9.0 grade level or above in Board-approved subjects for eligible adult education students who are seeking an Adult Education Secondary Diploma from an adult education program.

[F. "Board" means the Utah State Board of Education.

G. "Community-Based Organization (CBO)" means a nonprofit organization:

(1) eligible for and accepting federal AEFLA funds; and

(2) for the sole purpose of providing adult education services to qualified adult education learners.

(3) All rules and laws that apply to LEAs shall also apply to CBOs that receive adult education funding.

(4) CBOs:

(a) apply to the USOE;

(b) receive adult education funding through a competitive process; and

(c) receive USOE funding on a reimbursement basis only.

H. "Consumable items" means student workbooks, student packets, computer disks, pencils, papers, notebooks, and other similar personal items for which a student retains ownership during the course of study.]

(6) "College and Career Readiness Plan" or "CCRP" means a plan developed by a student in consultation with adult education program counselors, teachers, and administrators that:

(a) is initiated at the time of entrance into an adult education program;

(b) identifies a student's skills and objectives;

(c) identifies a career pathway strategy to guide a student's course selection; and

(d) links a student to post-secondary education, training, or employment using a program-defined adult education transition process.

[I.](7) "Desk monitoring" means the monthly review of UTopia data to ensure program integrity.

[J.](8)(a) "Eligible adult education student" means an individual who provides documentation that his primary and permanent residency is in Utah, and:

([1]i) is 17 years of age or older, and whose high school class has graduated;[ or]

([2]ii) is under 18 years of age and is married;[ or]

([3]iii) has been emancipated or adjudicated as an adult; or

([4]iv) is an out-of-school youth 16 years of age or older who has not graduated from high school[.] and who:

(A) is basic skills deficient;

(B) does not have a secondary school diploma, its recognized equivalent, or an equivalent level of education; or

(C) is an ELL.

(b) A non-resident may be treated as an eligible adult education student in accordance with an individual agreement between an eligible provider and another state.

(9) "Eligible Provider" may include:

(a) an LEA;

(b) a community-based or faith-based organization;

(c) a voluntary literacy organization;

(d) an institution of higher education;

(e) a public or private non-profit agency;

(f) a library;

(g) a public housing authority;

(h) a non-profit institution not described in Subsections (a) through (g) that has the ability to provide adult education and literacy activities to eligible adult education students.

(i) a consortium or coalition of providers identified in Subsections (a) through (h); or

(j) a partnership between an employer and a provider identified in Subsections (a) through (i).

[K.](10)(a) "Enrollee" means an adult student who has :

(i) 12 or more contact hours in an adult education program during a fiscal[/] program year[,];

(ii) an academic assessment establishing an Entering Functioning Level[,]; and

(iii) [has ]an adult education [Student Education Occupation Plan (SEOP)]CCRP with an established goal[,] and a defined funding code.

(b) An[Enrollee] enrollee's status is based on the last date that [all of the above]the items set forth in Subsections R277-733-3(10)(a)(i) through (iii)[are] were entered into UTopia.

[L. "English for Speakers of Other Languages (ESOL)" is an instructional program provided for non-native language speakers.]

(11) "English Language Learner" or "ELL" means an individual:

(a) who has limited ability in reading, writing, speaking, or comprehending the English language and whose native language is a language other than English; or

(b) who lives in a family or community where a language other than English is the dominant language.

[M.](12)(a) "Fee" means any charge, deposit, rental, or other mandatory payment, however designated, whether in the form of money or goods.

(b) Admission fees, transportation charges, and similar payments to third parties are fees if the charges are made in connection with an activity or function sponsored by or through an adult education program.

(c) All fees are subject to approval by [the local school board of education or local board of trustees]an eligible provider's governing board.

[N. "General Educational Development (GED) preparation" means a program that provides instruction in five specific subject areas for eligible adult education students who seek a Utah High School Completion Diploma by successfully passing all five GED Tests.]

[O. "General Educational Development (GED) Testing" means the test required under R277-702.]

(13) "High School Equivalency Exam" or "HSE" means a Board approved examination whose modules are aligned with current high school core standards and adult education College and Career Readiness standards.

[P. "LEA" means a local education agency, including local school boards and public school districts.]

[Q. "Measurable outcomes" means indicators of student achievement in adult education programs used for state funding purposes. These outcomes are described in R277-733-10.

R. "Northwest" means the Northwest Accreditation Commission, the regional accrediting association of which Utah is a member.]

[S.](14)(a) "Other eligible adult education student" means an individual 16 to 19 years of age whose high school class has not graduated and who is counted in the regular school program , [who receives]receiving instruction in both a traditional and adult education program.

(b) The Superintendent shall pro-rate and provide a credit to an adult education program for funds generated for an other eligible adult education student, weighted pupil unit (WPU) and collected fees[, are pro-rated and credited to the adult education program for attendance in an adult education program].

[T.](15) "Out-of-school youth" means a student 16 years of age or older who has not graduated from high school and is no longer enrolled in a K-12 program of instruction.

[U. "Participant" means an adult education student who does not meet the qualifications of an adult education enrollee.

V. "Student education/occupation plan" or "SEOP," for purposes of adult education and this rule, means a plan developed by a student in consultation with adult education program counselors, teachers, and administrators that:

(1) is initiated at the entrance into an adult education program;

(2) identifies a student's skills and objectives;

(3) maps out a strategy to guide a student's course selection; and

(4) links a student to post-secondary options, including higher education and careers through a transition process defined by the adult education program.]

[W.](16) "Teachers of English to Speakers of Other Languages " or "[(]TESOL[)]" means a credential for teachers of [ESOL]ELL students.

[X. "Tuition" means the base cost of an adult education program that provides services to adult education students.

Y. "USOE" means the Utah State Office of Education.]

[Z.](17) "Utah High School Completion Diploma" [is]means a diploma issued by the Board and distributed by [the GED Testing Centers as agents of the]a Board approved contractor to an individual who [passes]has passed all [five ]subject [areas]modules of [the GED Tests at a Utah GED Testing Center based on Utah passing standards; measuring the major and lasting outcomes and concepts associated with a traditional four-year high school experience.]an HSE exam at an HSE testing center.

[AA.](18) "UTopia" means the Utah Online Performance Indicators for Adult Education statewide database.

[BB.](19)(a) "Waiver release form" means a form signed by an adult education student allowing for release of the student's CCRP and personal data[and student education occupation plan], including social security number and [GED]HSE scores, for data matching purposes with partners[agencies such as] including:

(i) the Department of Workforce Services[,];

(ii) higher education institutions[,];

(iii) the Utah State Office of Rehabilitation; and

(iv) [GED Scoring Services]a Board approved HSE contractor.

(b) A [S]signed waiver release allows a student's education records to be shared with other adult education programs or interested agencies for the purpose of skill development, job training , [or ]career planning, or other purposes if specified in the waiver release form.

(20) "Weighted pupil unit" or "WPU" means the basic per pupil unit used to calculate the amount of state funds for which a school district is eligible.

 

R277-733-[3]4. Federal Adult Education Funds .

[The Board adopts the Adult Education and Family Literacy Act (AEFLA), Title II of the Workforce Investment Act (WIA), Public Law 105-220, 20 U.S.C. 1201 et seq., hereby incorporated by reference, and the related current state plan required under that statute, as]The Superintendent shall follow the standards and procedures contained in AEFLA and the WIOA state plan adopted by the Board pursuant to AEFLA to administer[governing] both federal and state funding of adult education programs[, administered by the USOE].

 

R277-733-[4]5. Program Standards.

[A.](1) Adult education programs shall comply with state and federal [requirements and Board rules]law and administrative regulations and follow the procedures [as defined]contained in the Utah Adult Education [Policy]Policies and Procedures Guide[published, updated, and available from the USOE].

[B.](2) Adult education programs shall make reasonable efforts to :

(a) market and inform prospective students within their geographic areas of the availability of [the]adult education programs ; and

(b) provide enrollment information to prospective students.

[C.](3)(a) Adult education programs may offer[Utah] adult education services [may be offered ]to a qualifying individual[s] whose primary residence is located in communities closely bordering Utah if the student's circumstances are not conducive to commuting to the bordering state's closest adult education program.

(b) An adult education program shall not charge tuition to a student receiving services in accordance with Subsection (3)(a)[These individuals shall not be charged out-of-state Adult Education tuition].

[D.](4) Adult education programs shall make reasonable efforts to schedule classes at sites and times that meet the needs of adult education students.

[E.](5)(a) Each eligible adult education student shall have a written [Student Education Occupation Plan (SEOP)]CCRP defining the student's goal[(]s[)] based upon:

(i) a complete academic assessment[,];

(ii) prior academic achievement[,];

(iii) work experience; and

(iv) an established [Entering Functioning Level]entering functioning level.

(b) [Annually, the plan shall be reviewed by the]A designated program official shall review a student's plan and waiver release form annually with the student .[and a designated program official and maintained in the student's file along with a signed data matching/agency sharing waiver release form.]

[F.](6) [Only]Adult education staff shall only teach courses identified in R277-733-8[shall be taught by adult education staff].

[G. Adult education programs shall establish and maintain a local adult education advisory committee consisting of representation from the Utah Department of Workforce Services, Vocational Office of Rehabilitation, higher education and other interested community members with the responsibility to advocate for exemplary adult education programs through collaboration and partnerships with businesses and other community agencies.]

[H.](7) The [USOE]Superintendent shall evaluate programs for compliance through:

(a) tri-annual site monitoring visits[,];

(b) monthly desk monitoring[,]; and[as needed,]

(c) additional monitoring as needed.[site visits or both, to assure compliance.]

[I.](8) [Education staff, including]Adult education program staff, [program ]administrators, teachers, instructors, and counselors shall [be qualified and]have appropriate qualifications for their assignments.

[J.](9)(a) [The ]An eligible provider may consider a staff member's teaching certificate and endorsement [held by a staff member of an LEA or community-based program shall be important ]in evaluating the appropriateness of the [teacher's]staff member's assignment[, but not controlling].

(b) Notwithstanding Subsection (9)(a) an eligible provider may assign staff members to teach in circumstances not generally covered by their teaching certificate and endorsement under appropriate circumstances, such as placing an[For instance,] elementary teacher[s] [may]to teach adult students who are performing academically at an elementary level in certain subjects.

(c) An [I]individual[s] teaching an adult education high school completion class shall hold a valid Utah elementary or secondary education license and may issue adult education high school completion credits in multiple subjects.

(d) A [N]non-licensed individual[s] providing instruction in [ESOL]ELL, ABE, [GED Test]HSE preparation, or AHSC classes shall instruct under the supervision of a licensed program employee.

[K.](10) A non-licensed[Individuals] individual with a post-secondary degree[s] [not in possession of a Utah teaching license may be considered for employment solely in an adult education program teaching adult students by obtaining an Alternative Route to License as defined in R277-518, Career and Technical Education Licenses.]may only be considered for a teaching position by an eligible provider after approval for participation in the Alternative Route to Licensure program under R277-518 and R277-503-4; or

[L.](11) An eligible provider may consider an individual for employment who has TESOL [or ESOL ]credentials in lieu of a Utah teaching license [may be considered for employment ]solely in an adult education [community-based ]program funded to provide [ESL]ELL services.

 

R277-733-[5]6. Fiscal Procedures.

[A.](1) The Superintendent shall allocate [S]state funds [appropriated ]for adult education [are allocated ]in accordance with Section 53A-17a-119.

[B.](2) No eligible LEA shall receive less than its portion of an eight percent base amount of the state appropriation if:

([1]a) the LEA provided instructional services approved by the [USOE have been provided]Board to eligible adult students during the preceding fiscal year; or

([2]b) the LEA is preparing to offer [such ]services to eligible adult students,[--such a] provided that the LEA's preparation period [may]does not exceed two years.

[C. Lapsing and nonlapsing funds]

([1]3) Funds appropriated for adult education programs shall be subject to Board accounting, auditing, and budgeting rules and policies.

([2]4) An LEA may carry over to the next fiscal year [T]ten percent or $50,000, whichever is less, of state adult education funds allocated to the LEA's adult education programs not expended in the current fiscal year [may be carried over and spent in the next fiscal year ]with written approval [by]from the [USOE]Superintendent.

([3]5) (a) An LEA shall submit a [A] request to carry over funds [shall be submitted ]for approval by August 1 annually.

(b) The Superintendent shall prepare a revised budget incorporating [A]approved carryover amounts [shall be detailed in a revised budget submitted to the adult education coordinator ]no later than [October]September 1 in the year requested.

([4]6) The Superintendent may consider [E]excess funds [may be considered ]in determining [the]an LEA's allocation for the next fiscal year.

([5]7) The Superintendent shall recapture[Annually,] fund balances in excess of 10 percent or $50,000 [shall be recaptured by the USOE ]no later than February 1 annually.

(8) The Superintendent shall[and] reallocate[d] funds recaptured in accordance with Subsection (7) to LEA adult education programs through the supplemental award process based on need and effort as determined by the Board consistent with S ubsection 53A-17a-119(3).

[D.](9)(a) The [USOE]Superintendent shall develop uniform forms, deadlines, program reporting and accounting procedures, and guidelines to govern [the ]state [(legislative) ]and federal ly [AEFLA]funded adult education [funded ]programs.

(b) The Superintendent shall update [T]the Utah Adult Education [Policy]Policies and Procedures Guide [(updated ]annually[) including forms, procedures and guidelines] and make the guide [is] available on the [USOE]Board adult education website.

(10)(a) The Superintendent shall provide a competitive bidding process for an eligible provider to apply for federal adult education funds.

(b) The Superintendent shall only fund an eligible provider following an award under Subsection (10)(a) on a reimbursement basis.

(c) An eligible provider is subject to all laws and regulations regarding adult education funds, which are applicable to an LEA.

 

[ R277-733-6. Adult Education Program Student Eligibility.

A. An individual is eligible to be a Utah adult education student if

(1) the prospective adult education student is at least 16 years of age and the student's class has not graduated; or

(2) a prospective adult education student who is otherwise eligible provides proof of Utah residency as defined in adult education policy.

B. The following does not establish residency for purposes of adult education programs:

(1) mail addressed to occupant or resident;

(2) letters from friends or relatives;

(3) power of attorney documents;

(4) personal correspondence addressed to a post office box.

C. To be eligible for participation in an adult education program, a Utah resident shall be:

(1) an individual 17 years of age or older whose high school class/cohort has graduated; or

(2) an individual emancipated under Section 78-3a-1005; or

(3) an individual emancipated by marriage; or

(4) an individual who is at least 16 years of age who has not graduated from high school and who is no longer enrolled in a K-12 program of instruction; or

(5) a student 16 to 19 years of age whose class has not graduated and who is attending adult education classes as an alternative to a traditional public education program.

D. Non-Utah residents from states bordering Utah seeking enrollment into an adult education program in Utah shall be considered resident Utah students consistent with individual agreements between the Utah Adult Education Program and the individual states bordering Utah.]

 

R277-733-7. Adult Education Pupil Accounting.

[A.](1) A[n LEA] district administered adult education program shall receive WPU funding for a student at the rate of 990 clock hours of membership per one weighted pupil [(with part-time enrollment pro-rated by the LEA) ]for a student who is a resident of a Utah school district [who]and meets the following criteria:

([1]a) is at least 16 years of age but less than 19 years of age;

([2]b) [who ]has not received a high school diploma or a Utah High School Completion Diploma;

([3]c) [who ]intends to graduate from a K-12 high school; and

([4]d) [who ]attends a[n SEOP] CCRP meeting with his school counselor, school administrator[/]or designee, and parent[/] or legal guardian to discuss the appropriateness of the student's participation in adult education; or

([5]2) A district may additionally receive WPU funding for a student at the rate of 990 clock hours of membership per one weighted pupil uni for a resident student who meets the following criteria:

(a) [A student]is [17]19 years of age or older[,];[without]

(b) has not received a high school diploma but whose high school class has graduated[,];[who is a Utah resident, and]

(c) [who ]intends to graduate from a K-12 high school[,];[may, with parental/guardian consultation and written approval from all parties (if applicable), enroll in the state administered adult education program upon proof of Utah residency.] and

(d) has written approval from all parties following consultation with the student's parent or guardian.

(2) Student attendance up to 990 clock hours of membership is equivalent to 1 FTE per year.

[B.](3) The Superintendent shall prorate the clock hours of students enrolled part-time[shall be prorated.]

[C.](4) As an alternative, a district may generate equivalent WPUs [may be generated ]for competencies mastered [on the basis of prior authorization of a school district plan by the USOE]with a district plan approved by the Superintendent.

[D.](5)(a) [For purposes of funding in an adult education program, a student can only be a pupil]A student may only be counted in average daily membership once on any day.

(b) If [the]a student's day is part-time in the regular school program and part-time in the adult education program, a district shall report the student's membership [shall be reported ]on a prorated basis for each program.

(c) A district may not receive funding for [A]a student [may not be funded ]for more than one regular WPU for any school year.

[E.](6) [An out-of-school youth (minimum age of 16) who has not graduated from high school, may, with parental/guardian written approval (if applicable), school district administrative written approval and proof of Utah residency,]If an eligible adult education student as specified in R277-733-3(8)(a)(iv) enroll s in an adult education program:

([1]a) The district may not receive WPU funding for[shall not be generated by] the student's participation in an adult education program[.];

([2]b) [This]The student [shall]may be eligible for adult education state funding[.];

([3]c) [This]The student shall be presented with information prior to or at the time of enrollment in an adult education program that defines the consequences of the student's decision , including the following:

([a]i) The student may receive an Adult Education Secondary Diploma upon completion of the minimum required Carnegie units of credit as defined by the adult education program;[or]

([b]ii) The student may earn a Utah High School Completion Diploma upon successful passing of [all five GED Tests]an HSE exam; or

([c]iii) The student may, at the discretion of the [LEA]district, return to his regular high school prior to the time his class graduates with the understanding and expectation that all necessary requirements for the traditional [K]k-12 diploma shall be completed, provided that the student:

([i]A) is released from the adult education program;[and]

([ii]B) has not completed the requirements necessary for an Adult Education Secondary Diploma; [or]and

([iii]C) has not successfully passed [all five GED Tests]an HSE exam and has not received a Utah High School Completion Diploma[.];

([4]d) The student may not[An out-of-school youth of school age who has received an Adult Education Secondary Diploma is not eligible to] return to a [K]k-12 high school after receiving an Adult Education Secondary Diploma[.];

([5]e) [An out-of-school youth of school age who has received]The student is not eligible to return to a k-12 high school after receiving a Utah High School Completion Diploma [is not eligible to return to a K-12 high school ]unless it is required for the provision of a free appropriate public education (FAPE) under the [Individuals with Disabilities Education Act (IDEA), 20 U.S.C., Chapter 33]IDEA.

([6]f) A[n] district shall report a student[out-of-school youth of school age] who has successfully completed an Adult Education Secondary Diploma or a Utah High School Completion Diploma [shall be reported ]as a graduate for [K]k-12 graduation (AYP) outcomes.

([7]g) [An out-of-school youth of school age may be considered eligible to]The student may take [the GED Test if all requirements as stated in R277-702, Procedures for Utah General Educational Development Certificate, are followed]an HSE exam in accordance with the provisions of R277-702.

 

R277-733-8. Program, Curriculum, Outcomes and Student Mastery.

[A.](1) The Utah Adult Education Program shall offer courses consistent with the [Utah Core curriculum]Elementary and Secondary General Core under R277-700.

[B.](2) The [Utah Core curriculum and teaching strategies]core standards may be modified or adjusted to meet the individual needs of [the]an adult education student.

[C.](3) An LEA shall develop [W]written course descriptions for AHSC required and elective courses [shall be developed by LEA adult education programs ]for all adult education program classes taught, consistent with the [Utah Core curriculum]core standards and Utah adult education [curriculum]college and career readiness standards, as provided by the [USOE]Superintendent.

[D.](4) The Superintendent, in cooperation with eligible providers, shall develop [W]written course descriptions for [GED Test]HSE exam preparation, [ESOL]ELL and ABE courses [shall be developed cooperatively by LEAs, CBOs and the USOE ]based on Utah's [C]core [curriculum ]standards, modified for adult learners.

[E. Course descriptions shall contain adult education mastery criteria and shall stress mastery of adult life skill material consistent with Core objective standards and the Core curriculum.]

[F.](5) Course descriptions shall stress content mastery [shall be stressed ]rather than completion of predetermined seat time in a classroom.

[G.](6) Adult high school completion education [is determined by]shall include the following prerequisite courses:

([1]a) [ESOL]ELL competency AEFLA levels one through six; or

([2]b) ABE competency AEFLA levels one through four.

[H.](7) AHSC courses for students seeking an Adult Education Secondary Diploma [should]shall meet federal AEFLA AHSC Levels I and II competency requirements with a minimum completion of 24 credits consistent with cores standards and adult education college and career readiness standards under the direction of a Utah licensed teacher as provided [below:]in the Utah Adult Education Policies and Procedures Guide.

[(1) Adult High School Core Courses, as offered consistent with Utah Core objectives:

(a) 24.0 units of credit required through satisfaction of a course of study by demonstrated course competency or LEA-approved competency examination in correlation with the student's SEOP career focus as defined in the following instructional areas:

(i) Language Arts: 4.0;

(ii) mathematics: 3.0 individualized mathematics courses to meet the life needs of adult learners;

(iii) science: 3.0 from the four science foundations of chemistry, biological science, earth science, or physics;

(iv) social studies: 3.0 including 1.0 in United States history, .50 in United States government and citizenship, .50 in geography, .50 in world civilizations, and .50 general financial literacy;

(v) arts: 1.50;

(vi) healthy lifestyles: 2.0 individualized courses meeting the life needs of adult learners that include: .25 to 1.50 health education, .25 to 1.50 individualized fitness for life courses;

(vii) career and technical education (CTE): 1.00;

(viii) information technology: .50 computer technology courses or successful completion of school district-approved competency examination; and

(ix) electives: 6.0 units of credit.

(b) approved adult education credit options including continuous professional employment training required for a professional license; or

(c) documented achievement of a trade or skill;

(d) basic or advanced military training;

(e) apprenticeship, union or registered work credentials;

(f) successful passing score on all five GED Tests; academic credit for successfully passing all five GED Tests may only be applied toward an Adult Education Secondary Diploma if the proposed awarded units of credit were transcripted by June 30, 2009;

(f) transcripted college or university courses as they align to the Core instructional areas.]

[I.](8) The [USOE Adult Education Section and LEA programs]Superintendent and eligible providers shall disseminate clear information regarding revised adult education graduation requirements.

[J.](9) An [A]adult education student[s] receiving education services in a state prison or jail education program may graduate with an Adult Education Secondary Diploma upon completion of the state required 24.0 units of credit required under R277-700 and:

(a) [satisfied through ]completed credits;[or]

(b) demonstrated course competency; or

(c) a Utah High School Completion Diploma with a successful passing score on [all five of the GED Tests]an HSE exam consistent with the[students'] student's[SEOP career focus] adult education CCRP.

[K.](10) An eligible provider may modify Adult Education Secondary Diploma graduation requirements [may be changed or modified, or both, for]to meet unique educational needs of an adult student[s] with:

(a) documented disabilities through [Individual Education Plans (IEPs)]an IEP from age 16 until [their]the student's 22nd birthday; or

(b) an adult education [SEOP]CCRP[, or both to meet unique educational needs].

[L.](11) A student's IEP or adult education [SEOP]CCRP shall document the nature and extent of modifications, substitutions, or exemptions made to accommodate the student's [disability(ies)]disabilities.

[M.](12) Modified graduation requirements for an individual student shall:

([1]a) be consistent with the student's IEP or [SEOP, or both]CCRP;

([2]b) be maintained in the student's adult education files; and

([3]c) maintain the integrity and rigor expected for AHSC graduation.

[N.](13) An LEA[s] shall establish policies allowing or disallowing adult education student[s] participation in graduation activities or ceremonies.

[O.](14) An adult education student may only receive an Adult Education Secondary Diploma earned through a [designated Northwest accredited ]Utah adult education program[, as approved by the Board] accredited through a Board-approved organization.

[P.](15) An [A]adult education program[s] shall accept credits and grades awarded to a student[s] without alteration from other accredited state-recognized adult education programs[, schools accredited by Northwest or schools or programs approved by the Board] or eligible providers approved by the Superintendent.

[Q.](16) An [A]adult education program[s] may establish reasonable timelines and may require adequate and timely documentation of authenticity for credits and grades submitted from [schools or private]other eligible providers.

[R.](17) An LEA adult education program is the final decision-making authority for the awarding of credit and grades from non-accredited sources.

[S.](18) An [A]adult education program[s] shall provide instruction that allows a student[s] to transition between sites in a seamless manner.

[T.](19) An adult education program shall offer [A]an adult education student seeking a Utah High School Completion Diploma [shall be offered ]a course of academic instruction designed to prepare the student to take [the GED Tests]an HSE exam.

[U.](20) The Superintendent shall award [A]a Utah High School Completion Diploma [shall be issued by the Board and distributed by the GED testing centers as agents of the Board or directly by the USOE GED administrator]if a student passes an HSE exam.

(21) Notwithstanding [R]receipt of the Utah High School Completion Diploma [does not end entitlement]a student may still be entitled to a free appropriate public education [for a student eligible for special education ]under IDEA requirements.

[V.](22) [Upon]Following completion of requirements for a Utah Adult Education Secondary Diploma[,] or a Utah High School Completion Diploma, an adult education student[s] may only continue in an adult education program to improve their basic literacy skills if:

([1]a) [their]the student's academic skills are less than [12.9]9.0 grade level in an academic area of reading, math or English;[and]

([2]b) [they lack]the student lacks sufficient mastery of basic educational skills to enable the[m]student to function effectively in society[.]; and

(c) [T]the focus of the continued instruction is limited[shall be] solely to literacy [and is limited specifically to]in reading, math or English for a maximum of 120 instructional contact hours.

 

R277-733-9. Adult Education Programs--Tuition and Fees.

[A.](1) Any adult may enroll in an adult education class consistent with Section 53A-15-404.

[B.](2) An eligible provider may charge [T]tuition and fees [may be charged ]for ABE, [GED preparation]HSE exam preparation, AHSC, or [ESOL]ELL courses in an amount not to exceed $100 annually per student based on the student's ability to pay as determined by federal free and reduced lunch guidelines[,] under the Richard B. Russell National School Lunch Act, 42 USC Section 1751, et seq.

(3) A school board or board of trustees of an eligible provider shall determine [The appropriate]reasonable and necessary student fees and tuition on an annual basis[shall be determined by the local school board or CBO board of trustees].

[C.](4) [Adults who are or may attend adult education programs shall be given adequate notice of program]An eligible provider shall provide potential adult education program students adequate notice of tuition and fees through public posting.[Any charged tuition or fees shall be set and reviewed annually by the local school board or CBO board of trustees.]

[D. Adult education tuition and fees shall be waived or students shall be offered appropriate work in lieu of waivers for students who are younger than 18, qualify for fee waivers under R277-407, and their class has not graduated.

E. Tuition may be charged for courses that satisfy requirements outlined in R277-733-8B, when adequate state or local funds are not available.

F. Fees may be charged for consumable and nonconsumable items necessary for adult high school courses that satisfy requirements outlined in R277-733-8B.

G. Fees and tuition charged and collected by adult education programs shall be reasonable and necessary as determined by the local boards of education or boards of trustees.]

[H.](5) An eligible provider shall specifically use [C]collected fees and tuition [shall be used specifically ]to provide additional adult education and literacy services that the [program]provider would otherwise be unable to provide.

[I. The local program superintendent/chief executive officer and business administrator shall acknowledge by signature as part of the program's grant plan (state or federal, or both) submission and program assurances that all fees and tuition collected and submitted for accounting purposes are:]

(6) An eligible provider receiving state or federal adult education funds shall provide annual written assurances on a form approved by the Superintendent that all fees and tuition collected and submitted for accounting purposes are:

([1]a) returned[/] or delegated with the exception of indirect costs to the local adult education program;

([2]b) used solely and specifically for adult education programming; and

([3]c) not withheld and maintained in a general maintenance and operation fund.

[J.](7)(a) An eligible provider shall spend [A]all collected fees and tuition generated from the previous fiscal year [shall be spent ]in the adult education program in the ensuing program year .

(b) A district may [and shall ]not [be used by an LEA]use funds identified in Subsection (7)(a) in calculating carryover fund balance amounts.

[K.](8) An eligible provider may not count [C]collected fees and tuition [may not be counted ]toward meeting federal matching, cost sharing , or maintenance of effort requirements related to the program's award.

[L.](9) Annually, [local programs]eligible providers shall report to the [school district or community-based organization and the USOE]Superintendent all fees and tuition collected from students associated with each funding source.

[M.](10) An eligible provider shall not commingle or report [F]fees and tuition collected from adult education students [shall not be commingled or reported ]with community education funds or any other public education fund.

 

R277-733-10. Allocation of Adult Education Funds.

(1) The Superintendent shall distribute [A]adult education state funds [shall be distributed ]to an LEA[s] offering adult education programs consistent with percentages defined in [adult education policy]the Utah Adult Education Policies and Procedures Guide.[in the following areas:

A. Base amount distributed equally to each participating school district with a Board-approved adult education plan and budget.

B. Enrollee status students (not participants).

C. Contact hours (instructional and non-instructional) for both enrollee status students and participants.

D. Adult Education Secondary Diplomas or Utah High School Completion Diplomas, whichever is awarded first.

E. Enrollee level gains.

F. Enrollee adult education earned secondary credits.

G. Supplemental support, to be distributed to:]

(2)(a) The Superintendent shall distribute supplemental support to [(1)]an LEA adult education program[s] with no carryover funds, which[receiving] receives less than one percent of the state allocation as indicated on the state allocation table[that do not have any carryover funds].

(b) The Superintendent shall accept and process [A]applications for supplemental funds [are accepted and processed ]annually between October 15 and October 31.

(c) An LEA receiving supplemental support shall use the [A]awarded funds [shall be used ]for special program needs or professional development, as determined by the Superintendent's evaluation of the LEA's written request and [USOE evaluation of ]need[and approval].

(d) An LEA may apply for the[(2) Any] balance of supplemental funds [may be applied for by all remaining eligible LEAs who may or may not have carryover funds ]for special program needs or professional development [, as determined by written request and USOE evaluation of need and approval ]between November 1 and March 1 annually.

(e) Following review of a written request submitted pursuant to Subsection (d), the Superintendent shall distribute funds based on need.

([3]f) The Superintendent shall add[LEA] recaptured LEA funds that are greater than allowable carryover amounts [shall be added ]to the available supplemental funds [and ]awarded to adult education programs based on the criteria defined in [R277-733-10G(1) and (2).]Subsection 2(a) through (e).

[H.](3)(a) Adult education federal AEFLA funds shall be distributed based on a competitive application.

(b) The Superintendent shall base [S]second or subsequent year AEFLA funding [shall be based ]on performance criteria established [by the USOE, defined ]in [adult education policy]the Utah Adult Education Policies and Procedures Guide.

[I.](4) The Superintendent may recommend that the Board withhold state or federal [F]funds[, state or federal or both, may be withheld or terminated] for noncompliance with:

([1]a) Board rule;

([2]b) adult education state policy and procedures[or both];

([3]c) associated reporting timelines; and

([4]d) program monitoring outcomes, as defined by the [USOE.]Board, including:

(i) lack of program improvement; and

(ii) unsuccessful student outcomes.

 

R277-733-11. Adult Education Records and Audits.

[A.](1) An LEA shall maintain [O]official records regarding an eligible adult education student[shall be maintained] in [perpetuity:]accordance with state retention schedules SD17-25 and SD 17-32.

[(1) To validate student outcomes, programs shall maintain records for each program site in perpetuity which clearly and accurately show for each student:

(a) documentation of Utah residency; the student's initial managing program shall maintain documentation of Utah residency in the student's file in perpetuity;

(b) documentation of such proof shall be entered in the student's UTopia data record;

(2) copies of:

(a) transcripted grade data including previous report cards, transcripts, work verification, military training, professional licenses, union or registered work credentials;

(b) completed Core followup surveys;

(c) releases of information requesting student record information and releases of student information to other requesting agencies;

(d) special education IEPs for students under the age of 22; and

(e) outside psychological, psychiatric or medical documentation used in determining education programming accommodations; and records of accommodations.]

[B.](2) An eligible provider shall maintain records for each student [T]to validate student outcomes annually[,] in accordance with the Utah Adult Education Policies and Procedures Guide.[the student's managing program shall maintain records for each program site which clearly and accurately show for each student:

(1) signed or refusal to sign waiver or release forms;

(2) all assessment protocol sheets (pre- and post-tests) used to determine student's EFL and level gains; and

(3) contact hours (both noninstructional and instructional) documentation.

C. Audits:]

([1]3) To ensure valid and accurate student data, all programs accepting [either ]state or federal adult education funds, or both, shall enter and maintain required student data in the UTopia data system.

([2]4) An eligible provider shall [A]annually[,] retain an independent auditor [shall be retained by each LEA and CBO ]to:

(a) audit student accounting records;[to]

(b) verify UTopia data entries; and[in addition to validating]

(c) validate the cash controls over collection[s] of student fees.

[(3) Reports of accuracy shall be completed and submitted to the LEAs boards, the CBOs' boards of trustees, and as appropriate, the local adult education program director, and the USOE.]

[(4)](5) An auditor retained pursuant to Subsection (4) shall submit a written report by September 15 annually to:

(a) the eligible provider's governing board or board of trustees;

(b) the Superintendent; and

(c) the local adult education program director, if appropriate.

[(4) The USOE shall receive the final auditor report from each adult education program by September 15 annually.]

([5]6) In the event of an audit finding of non-compliance with state or federal law, regulation, or policy, [A]a program shall prepare and submit to the [USOE]Superintendent a written corrective action plan for each audit finding by October 15 annually.

([6]7) [USOE adult education staff members are responsible to]The Superintendent shall monitor and assist a program[s] in the resolution of a corrective action plan[s].

([7]8) The Superintendent may recommend that the Board terminate [A]a program's state or federal funding for failure to resolve audit findings [may result in the termination of state and federal funding, or both]in accordance with R277-114.

([8]9) Independent audit reporting dates, forms, and procedures are available in the state of Utah Legal Compliance Audit Guide provided to [the school districts and CBOs]an eligible provider by the [USOE]Superintendent in cooperation with the State Auditor's Office and published under the heading of APPC-5.

[(9) USOE Adult Education program staff shall conduct tri-annual program reviews of each adult education program to ensure accuracy of program data and program compliance. Desk monitoring shall be completed with program directors throughout the program year. Additional informal monitoring or reviews or site visits may be conducted as necessary.

(10) Monitored programs shall prepare and submit to the USOE a written corrective action plan for each monitoring finding as requested by the USOE.

(11) A program's failure to resolve audit findings may result in the termination of state or federal funding or both as provided in R277-114, Corrective Action and Withdrawal or Reduction of Program Funds.]

([13]10) The [USOE]Superintendent may [shall ]review for cause an eligible provider's[school district or CBO] records and practices for compliance with the law and this rule.

 

R277-733-12. [Advisory Council]State Workforce Development Board.

[A.](1) The [State ]Superintendent [of Public Instruction or designee ]shall represent [A]adult [E]education programs on the [Department of Workforce Services State Council]State Workforce Development Board as a voting member, in accordance with WIOA.

[B. Adult education programs shall participate on or establish and maintain a local interagency advisory council consisting at a minimum of partner agencies including the Department of Workforce Services, the State Office of Rehabilitation, higher education, the Utah College of Applied Technology, industry and community representation, and other appropriate agencies with the purpose of supporting the mission of adult education in Utah.]

(2) The Superintendent may assign Board staff to State Workforce Development Board WIOA committees to the purpose of implementation of the State's WIOA Unified Plan.

 

R277-733-13. Oversight, Monitoring, Evaluation, and Reports.

The Board may designate no more than two percent of the total legislative appropriation for adult education services to be used specifically by the [USOE]Superintendent for oversight, monitoring, and evaluation of adult education programs and their compliance with law and [this rule]regulation.

 

KEY: adult education

Date of Enactment or Last Substantive Amendment: [June 7, 2012]2017

Notice of Continuation: October 5, 2012

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-15-401; 53A-1-402(1); 53A-1-401[(3)]; 53A-1-403.5; 53A-17a-119; 53A-15-404

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