No. 32917 (Amendment): Rule R277-494. Charter School and Online Student Participation in Extracurricular or Co-curricular School Activities

(Amendment)

DAR File No.: 32917
Filed: 09/01/2009 04:41:58 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to change the fee schedule for charter school and online school students to participate in extracurricular or co-curricular activities. The participation fee was based on the total cost of the activity. The participation fee should be based on a formula provided in state law.

Summary of the rule or change:

This amendment provides new and changed definitions and removes outdated definitions, and provides revised language throughout the rule to make it accurate and consistent with state law.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Subsection 53A-2-214(6)
• Subsection 53A-1a-519(5)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Extracurricular and co-curricular school activities are administered at the school district/school level.

local governments:

There may be some additional costs to school districts and some additional savings to charter and online schools due to this rule amendment. The fee that was charged to charter and online schools for student participation was changed to a flat fee of $75 per student. The previous fee was based on the district cost for an athletic program divided by the enrollment of the school. Additional costs and savings are too speculative to determine at this time because the number of charter school and online students who may participate is unknown.

small businesses:

There are no anticipated costs or savings to small businesses. This rule and the amendments apply to public schools and not to businesses.

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

There are no anticipated costs or savings to persons other small businesses, businesses, or local government entities because of this rule amendment. Charter and online schools will pay a flat fee of $75/student for charter and online student participation in extracurricular and co-curricular activities. Charter and online school students will continue to pay individual extracurricular and co-curricular activity fees that are charged to all students in the secondary school to supplement school activities as assessed by the school district/school.

Compliance costs for affected persons:

There may be some additional compliance costs to school districts due to this rule amendment. The fee that was charged to charter and line schools for student participation was changed to a flat fee of $75 a student. The previous fee was based on school district enrollment. Additional costs are too speculative to determine at this time because the number of charter school and online student participation is unknown.

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:

10/15/2009

This rule may become effective on:

10/22/2009

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.]a school district or school activity, course or experience that includes a required regular school day component and an after school component; special programs or activities such as programs for gifted and talented students, summer programs and science and history fairs are co-curricular activities.

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

] [F]E. "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]F. "Online school" means a school:

(1) that provides the same number of classes consistent with the requirement of similar [resident]public 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]G. "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]H. "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]I. "Student's school of enrollment" means the public school in which the student is enrolled consistent with Section 53A-11-101 et seq.

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

[M]L. "Student participation fee" means the fee charged to all participating charter/online and traditional school students by the [resident]boundary 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 a charter school student 's['] 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/]an online student 's['] 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.]The purpose of this rule is to inform school districts, charter and online schools, and parents of school participation fees and state-determined requirements for a charter school or a public online school student to participate in extracurricular athletics and activities at a student's boundary school.

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

A. A charter or online school [may]shall allow student participation in activities designated under R277-494-1[F]E upon satisfaction of requirements and payments of this rule and satisfaction of school district standards and requirements.

B. [The]A school participation fee [identified in the Schedule]of $75.00 per student shall be paid by the student's school of enrollment to the boundary school at which the student desires to participate. Upon annual payment of the school participation fee, the student may participate in all extracurricular school activities as defined in R277-494-1E during the school year for which the student is qualified and eligible.

C. The [fees in this Schedule do not include]participation fee paid by the charter or online school is in addition to individual student participation fees [or required activity fees]for specific extracurricular activities and the activity fees charged to all students in the secondary school to supplement school activities as assessed by the school consistent with this rule. 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] student participation fees and activity 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]4. 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, c]Charter, online and traditional schools may negotiate to allow student participation in co-curricular activities such as debate, drama, [or ]choral programs , specialized courses or programs offered during the regular school day, and school district-sponsored enrichment programs or activities. Participating charter/online students shall be required to meet all attendance and course requirements of all [traditional]boundary public school students.

B. A charter and online student participating under this rule shall meet all eligibility requirements and timelines of the boundary school.[

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: [ October 8, 2008 ] 2009

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

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