No. 31834 (New Rule): R277-494. Charter School and Online Student Participation in Extracurricular or Co-curricular School Activities

DAR File No.: 31834
Filed: 08/14/2008, 03:46
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new rule is proposed to comply with S.B. 36, 2008 Legislative Session, that requires local school boards to allow charter school and online student participation in extracurricular school activities. The State Board of Education added co-curricular activities. (DAR NOTE: S.B. 36 (2008) is found at Chapter 233, Laws of Utah 2008, and was effective 05/05/2008.)

Summary of the rule or change:

The rule provides: 1) definitions; 2) procedures for payment and participation related to the fee schedule; 3) a tier activities participation fee schedule; and 4) additional provisions.

State statutory or constitutional authorization for this rule:

Subsections 53A-1-401(3) and 53A-1a-519(5)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Implementation of this Program is at the local level.

local governments:

There may be expenses (or savings) to both traditional schools and school districts, and charter schools as they comply with 2008 legislation and this implementing rule. The Utah State Office of Education will gather data through the 2008-09 school year to determine costs to school districts and charter schools and possible savings to both.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small business and persons other than businesses. This rule implements a public school program that specifically requires charter schools to bear the cost of the legislation rather than students or parents.

Compliance costs for affected persons:

This rule implements a public school program that specifically requires charter schools to bear the cost of the legislation rather than students or parents.

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. Patti Harrington, State Superintendent of Public Instruction

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:

10/01/2008

This rule may become effective on:

10/08/2008

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-494. Charter School and Online Student Participation in Extracurricular or Co-curricular School Activities.

R277-494-1. Definitions.

A. "Activity fees" means fees that are approved by a local board and charged to all students to participate in any or all activities sponsored by or through the public school. Fees vary among districts and schools and entitle a public school student to participate in regular school activities, to try out for extracurricular or co-curricular school activities, to receive transportation to activities, and to attend regularly scheduled public school activities.

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

C. "Charter school" means a school acknowledged as a charter school by a local board of education under Section 53A-1a-515 and R277-470 or by the Board under Section 53A-1a-505.

D. "Co-curricular activity" means an activity that includes practices or events outside the regular school day and a specific required class enrollment as a condition of participation.

E. "District enrollment levels" means districts divided by size as outlined in the Schedule as part of this rule.

F. "Extracurricular activity" means an athletic program or activity sponsored by the public school and offered, competitively or otherwise, to public school students outside of the regular school day or program.

G. "Online school" means a school:

(1) that provides the same number of classes consistent with the requirement of similar resident schools;

(2) that delivers course work via the internet;

(3) that has designated a readily accessible contact person; and

(4) that provides the range of services to public education students required by state and federal law.

H. "Pay to play fees" means the fees charged to a student to participate in a specific school-sponsored extracurricular or co-curricular activity. All fees shall be approved annually by the local board of education.

I. "Student's boundary school" means the school the student is designated to attend according to where the student's legal guardian lives or the school where the student is enrolled under Section 53A-2-206.5 et seq.

J. "Student's school of enrollment" means the public school in which the student is enrolled consistent with Section 53A-11-101 et seq.

K. "Student fee waivers" means all expenses for an activity that are waived for student participation in the activity consistent with Section 53A-12-103 et seq. and R277-407.

L. "School participation fee" means the fee paid by the charter/online school to the traditional school consistent with the fee schedule of R277-494-4 for student participation in extracurricular or co-curricular activities.

M. "Student participation fee" means the fee charged to all participating charter/online and traditional school students by the resident school for designated extracurricular or co-curricular activities consistent with R277-407.

N. "Tier activities" means extracurricular activities (both boys and girls, as offered) divided by type and expense to sponsoring schools/school districts as outlined in the Schedule as part of this rule. The activities that fall into each tier are as follows:

(1) Tier 1 activity: football.

(2) Tier 2 activities: baseball, softball, basketball, swimming and diving, wrestling, soccer, volleyball, and drill team.

(3) Tier 3 activities: golf, tennis, cross-country, track, and all other extracurricular and co-curricular activities.

 

R277-494-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities, Section 53A-1a-519(5) that directs to the Board to make rules establishing fees for charter school students' participation in extracurricular or co-curricular activities at school district schools, and Section 53A-2-214(6) which directs the Board to make rules establishing fees for charter/online students' participation in extracurricular or co-curricular activities at school district schools.

B. The purpose of this rule is to establish a Tier Activities Participation Fee Schedule and provide information to school districts, charter and online schools, and parents that fairly inform districts, schools, and parents of the Schedule and requirements integral to the Schedule.

 

R277-494-3. Requirements for Payment and Participation Integral to the Schedule.

A. A charter or online school may allow student participation in activities designated under R277-494-1K.

B. The school participation fee identified in the Schedule shall be paid by the student's school of enrollment to the boundary school at which the student desires to participate.

C. The fees in this Schedule do not include student participation fees or required activity fees. Student participation fees or required activity fees shall be paid to the boundary school by the participating student.

D. All fees, including school participation fees and school participation fees shall be paid prior to student participation.

E. If a participating charter or online school student qualifies for fee waivers, all waived student participation fees shall be paid to the boundary school by the student's school of enrollment prior to student participation.

 

R277-494-4. Tier Activities Participation Fee Schedule (Schedule)

A. Fee schedule

 

TABLE 1
School Fee Per Student Participation

District

Enrollment             Tier 1         Tier 2         Tier 3



less than 1,000         $600           $300           $150

1,001 to 6,000          $500           $250           $125

6,001 to 18,000         $400           $200           $100

18,000 to 45,000        $300           $150           $ 75

+45,000                 $200           $100           $ 75

 

B. Charter and online students participating under this rule shall meet all eligibility requirements and timelines of the receiving schools.

 

R277-494-5. Additional Provisions.

A. Neither this rule nor the Schedule applies to student participation in school activities which require student enrollment in a regularly scheduled class at the boundary school.

B. Despite the provisions of R277-494-5A, charter, online and traditional schools may negotiate to allow student participation in co-curricular activities such as debate, drama, or choral programs. Participating charter/online students shall be required to meet all attendance requirements of all traditional public school students.

C. This rule shall be effective beginning with the 2008-09 school year.

 

KEY: extracurricular, co-curricular, activities, student participation

Date of Enactment or Last Substantive Amendment: 2008

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1a-519(5); 53A-2-214(6)