No. 41365 (Amendment): Rule R277-612. Foreign Exchange Students

(Amendment)

DAR File No.: 41365
Filed: 03/15/2017 01:05:07 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-612 is amended to provide technical and conforming changes consistent with the Utah Administrative Rulemaking Act and the Rulewriting Manual for Utah.

Summary of the rule or change:

Changes to the rule include renumbering, replacing outdated terminology, and various other technical changes.

Statutory or constitutional authorization for this rule:

• Section 53A-1-401
• Art X, Sec 3
• Subsection 53A-2-206(2)

Anticipated cost or savings to:

the state budget:

Technical and conforming changes are made to the rule, which likely will not result in a cost or savings to the state budget.

local governments:

Technical and conforming changes are made to the rule, which likely will not result in a cost or savings to local government.

small businesses:

Technical and conforming changes are made to the rule, which likely will not result in a cost or savings to small businesses.

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

Technical and conforming changes are made to the rule, 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:

Technical and conforming changes are made to the rule, which likely will not result in any compliance costs for affected persons.

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

To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule.

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:

05/02/2017

This rule may become effective on:

05/09/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-612. Foreign Exchange Students.

R277-612-[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) S ubsection 53A-2-206(2) , which directs the Board to make rules to administer the cap on the number of foreign exchange students for purposes of apportioning state monies for the students[,]; and

(c) 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.

[B.](2) The purpose of this rule is to:

(a) administer the cap on the number of foreign exchange students that may be counted by school districts and charter schools for state funding[. An additional purpose of the rule is to ]; and

(b) provide guidance to school districts and charter schools in working with exchange student agencies and accepting foreign exchange students to provide for safety and fairness to the exchange students and Utah public school students.

 

R277-612-[1]2. Definitions.

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

[B.](1) "Foreign exchange student" means a student sponsored by an agency approved by [the district's local school board or charter school's ]an LEA governing board, subject to the limitations of Subsection 53A-2-206(2).

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

 

R277-612-3. Foreign Exchange Student Cap.

[A.](1) The Superintendent shall allocate funds to an LEA[School districts and charter schools shall be compensated] from a specific legislative appropriation designated annually to pay the costs of educating foreign exchange students who meet all criteria of the law.

[B.](2) School districts and charter schools are encouraged to enroll foreign exchange students and report those enrollment numbers annually to the [USOE]Superintendent in the October 1 Superintendents' Report.

[C.](3) School districts and charter schools shall include in their report to the [USOE]Superintendent only foreign exchange students that satisfy all requirements of 53A-2-206(6) and [school district/charter school ]LEA policies.

(4) [School districts/charter schools]An LEA may enroll foreign exchange students who do not qualify for state monies and:

(a) pay the costs of [those]the student[s] with other [school district/charter school ]LEA funds; or

(b) charge the student[s] tuition.

[D. Notwithstanding the provisions of Section 53A-2-206(2) and R277-612-3, the provisions of Section 53A-2-206(8) shall apply.]

(5) Nothing in this section shall prevent an LEA from enrolling a foreign exchange student in accordance with Subsection 53A-2-206(8).

 

R277-612-4. [ School District ] LEA Policy for Working with Foreign Exchange Student Agencies and Protecting [ Foreign Exchange Students and Utah ]Students.

[A.](1) [School districts and charter schools]An LEA that enrolls foreign exchange students shall have a policy that [satisfies]includes:

(a) adherence to the requirements of Subsection 53A-2-206(6); and

(b) [in addition to other ]provisions which create a safe environment for foreign exchange students and school district/charter school students.

[B.](2) Prior to accepting students through a foreign exchange student agency, [E]each [school district/charter school]LEA shall[, prior to accepting students through the foreign exchange student agency,] require and maintain[from each foreign exchange student entity from which the district/charter school accepts students,] a sworn affidavit of compliance.

(3) A sworn affidavit of compliance shall include confirmation that the agency[has complied with all applicable policies of the local board of education or the charter school including the following]:

([1]a) [agency has]is in [complied]compliance with all applicable policies of the [local board of education/charter school]LEA governing board;

([2]b) has completed a household study, including a background check consistent with Section 53A-3-410, of all adult residents[has been completed] of each household where foreign exchange students will reside;

(c) has reviewed the information revealed through the background checks required by Subsection (b) with an appropriate LEA official;[and the information has been reviewed and concerns satisfied by an appropriate school district employee;]

([3]d) has completed a background study to assure[s] that the exchange student will receive proper care and supervision in a safe environment;

([iv]e) has provided host parents [have received]with training appropriate to their positions, including information about enhanced criminal penalties under Subsection 76-5-406(10) for persons who are in a position of special trust;

([4]f) will send a representative [of the exchange student agency shall]to visit each student's place of residence at least monthly during the student's stay in Utah;

([5]g) [the agency ]will cooperate with school and other public authorities to ensure that no exchange student becomes an unreasonable burden upon the public schools or other public agencies;

([6]h) will give each exchange student[will be given, in the exchange student's native language,] names and telephone numbers of agency representatives and others who could be called at any time if a serious problem occurs, in the exchange student's native language; and

([7]i) will provide alternate placements[are readily available] so that no student is required to remain in a household if conditions appear to exist which unreasonably endanger the student's welfare.

[C.](4) [Each school district/charter school]An LEA that accepts foreign exchange students shall provide each approved foreign exchange student agency with a list of names and telephone numbers of individuals not associated with the agency who could be called by an exchange student in the event of a serious problem.

[D.](5) [The]A foreign exchange student agency shall [make]provide a copy of [the]a list in the student's native language provided by [the school district/charter school]an LEA in accordance with Subsection (4) to each foreign exchange student[in the student's native language].

 

KEY: foreign exchange students, enrollment

Date of Enactment or Last Substantive Amendment: [August 9, 2010]2017

Notice of Continuation: March 14, 2017

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-2-206(2); 53A-1-401[(3)]

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