No. 36076 (Amendment): Rule R277-733. Adult Education Programs

(Amendment)

DAR File No.: 36076
Filed: 04/16/2012 09:00:31 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide procedures pertaining to adult education carryover funds and fund balances, supplemental funds, cash control, the resolution of program audit/monitoring discrepancies, and updated definitions and terminology.

Summary of the rule or change:

The amendments to this rule provide new and revised definitions, changes to program standards, fiscal procedures, program, curriculum outcomes and student mastery; adult education programs--tuition and fees, allocation of adult education funds, and adult education records and audits.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Subsection 53A-1-402(1)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The changes are provided to ensure adult education program compliance and accountability. There are no costs associated with updating procedures. There will be increased accountability and perhaps savings.

local governments:

There are no anticipated costs or savings to local government. The changes are provided to ensure adult education program compliance and accountability. There are no costs associated with updating procedures and definitions. There may be savings.

small businesses:

There are no anticipated costs or savings to small businesses. This rule and amendments apply to public education and do not affect businesses.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The changes will provide adult education program compliance and accountability. There are no costs associated with updating procedures. There may be savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The changes are provided to ensure adult education program compliance and accountability. There are no compliance costs associated with updating procedures.

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:

05/31/2012

This rule may become effective on:

06/07/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-733. Adult Education Programs.

R277-733-1. Definitions.

A. "Adult" means an individual 18 years of age or over.

B. "Adult education" means organized educational programs below the collegiate/postsecondary level, other than regular full-time K-12 secondary education programs, provided by [school districts]LEAs or nonprofit organizations affording opportunities for individuals having demonstrated both presence and intent to reside within the state of Utah who are out-of-school youth (16 years of age and older) or adults who have or have not graduated from high school, to improve their literacy levels and to further their high school level education.

C. "Adult Basic Education (ABE)" means a program of instruction below the 9.0 academic grade level for adults 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. The instruction is designed to help adults by:

(1) increasing their independence;

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

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

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

D. "Adult Education and Family Literacy Act (AEFLA)" means Title II of the Workforce Investment Act (WIA) of 1998 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.

E. "Adult High School Completion (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 [schools/school districts]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.

I. "Desk monitoring" means the review of UTopia data to ensure program integrity.

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

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

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

(3) has been adjudicated as an adult; or

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

K. "Enrollee" means an adult student who has 12 or more contact hours in an adult education program during a fiscal/program year, an academic assessment establishing an Entering Functioning Level, has an adult education Student Education Occupation Plan (SEOP) with an established goal, and a defined funding code. Enrollee status is based on the last date that all of the above items are entered into UTopia.

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

M. "Fee" means any charge, deposit, rental, or other mandatory payment, however designated, whether in the form of money or goods. 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. All fees are subject to approval by the local school board of education or local board of trustees.

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.[ This definition is effective on July 1, 2009.]

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

[ P. "Latest official census data" means the most current statistical information available used to determine the number of adults who need adult education services, and determined by:

(1) individuals 16 years of age and older; or

(2) individuals 16 years of age and older whose primary language is other than English; or

(3) individuals 16 years of age and older without a high school diploma or its equivalency - ungraduated adults.

] 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-[9]10.

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

[R]S. "Other eligible adult education student" means an individual 16 to 19 years of age whose high school class has not graduated and is counted in the regular school program who receives instruction in both a traditional and adult education program. The funds generated, weighted pupil unit (WPU) [or]and collected fees[ or both], are pro-rated and credited to the adult education program for attendance in an adult education program.

[S]T. "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.

[T]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.

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

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

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

[X]Z. "Utah High School Completion Diploma" is a diploma issued by the Board and distributed by the GED Testing Centers as agents of the Board to an individual who passes all five subject areas 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.

[Y]AA. "UTopia" means Utah Online Performance Indicators for Adult Education statewide database.

[Z]BB. "Waiver release form" means a form signed[ at least annually] by an adult education student allowing for release of the student's personal data and student education occupation plan, including social security number and GED scores, for data matching purposes with agencies such as the Department of Workforce Services, higher education, Utah State Office of Rehabilitation and GED Scoring Services. 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.

 

R277-733-4. Program Standards.

A. [Local Utah a]Adult education programs shall comply with state and federal requirements and Board rules and follow procedures as defined in the Utah Adult Education Policy and Procedures Guide published, updated, and available from the USOE.

B. [Local Utah a]Adult education programs shall make reasonable efforts to market and inform prospective students within their geographic areas of the availability of the programs and provide enrollment information.

C. Utah adult education services may be offered to qualifying individuals whose primary residence is located in [a community]communities closely bordering Utah not conducive to commuting to the bordering state's closest adult education program. These individuals[if approved by the adult education program in the school district providing the services,] shall not be charged out-of-state Adult Education tuition.

[ D. Adult education programs/courses may also be made available to Utah residents who are between the ages of 16 and 18, as determined necessary by local adult education programs.

] [E]D. [Local a]Adult education programs shall make reasonable efforts to schedule classes at[ local community] sites and times that meet the needs of adult education students.

[F]E. Each eligible adult education student shall have a written Student Education Occupation Plan (SEOP) defining the student's goal(s) based upon a complete academic assessment, prior academic achievement, work experience and an established Entering Functioning Level. Annually, the plan shall be reviewed by 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.

[G]F. Only courses identified in R277-733-[7]8 [qualify for adult education funds]shall be taught by adult education staff.

[H]G. [Local a]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.

[I]H. The USOE shall evaluate[ local] programs through tri-annual site monitoring visits, monthly desk monitoring, and as needed, additional site visits or both, to assure compliance.

[J]I. Education staff, including program administrators, [assigned to provide education services] shall be qualified and appropriate for their assignments.

[K]J. The teaching certificate and endorsement held by a staff member of a n [school district]LEA or community-based program shall be important in evaluating the appropriateness of the teacher's assignment, but not controlling. For instance, elementary teachers may teach [secondary age]adult students who are performing academically at an elementary level in certain subjects. Individuals 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. Non-licensed individuals providing instruction in ESOL, ABE, GED Test preparation or AHSC classes shall instruct under the supervision of a licensed program employee.

[L]K. Individuals with post-secondary degrees 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.

[M]L. An [I]individual[s] [with]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 [teaching adult students following the completion of a student teaching experience in an accredited adult education program]funded to provide ESL services.

 

R277-733-5. Fiscal Procedures.

A. State funds appropriated for adult education are allocated in accordance with Section 53A-17a-119.

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

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

(2) the [school district]LEA is preparing to offer such services--such a preparation period may not exceed two years.

C. Lapsing and nonlapsing funds

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

(2) Ten percent or $50,000, whichever is less, of [S]state adult education funds [which are] allocated to [school district]LEA adult education programs [and are] not expended in [a]the current fiscal year may be carried over and spent [to]in the next fiscal year with written approval by the USOE.

(3) A request to carry over funds shall be submitted for approval by August 1 annually. Approved carryover amounts shall be detailed in a revised budget submitted to the adult education coordinator no later than October 1 in the year requested.

(4) Excess[ These] funds may be considered in determining the [school district's]LEA's allocation for the next fiscal year.[ Carried over funds shall be expended within the next fiscal year. If funds are not expended, they shall be recaptured by the USOE on February 1 of each program year, and reallocated to other school district adult education programs based on need and effort as determined by the Board consistent with Section 53A-17a-119(3).]

(5) Annually, fund balances in excess of 10 percent or $50,000 shall be recaptured by the USOE no later than February 1 and reallocated to LEA adult education programs through the supplemental award process based on need and effort as determined by the Board consistent with Section 53A-17a-119(3).

D. The USOE shall develop uniform forms, deadlines, program reporting and accounting procedures, and guidelines to govern the state (legislative) and federal AEFLA adult education funded programs. The Utah Adult Education Policy and Procedures Guide (updated annually) including forms, procedures and guidelines is available on the USOE adult education website.

 

R277-733-7. Adult Education Pupil Accounting.

A. A n [Utah]LEA 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 [school district]LEA) for a student who is a resident of a Utah school district who meets the following criteria:

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

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

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

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

[B.](5) A student 17 years of age or older, without a high school diploma but whose high school class has graduated, who is a Utah resident, and 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. Student attendance up to 990 clock hours of membership is equivalent to 1 FTE per year.

[(1)]B. The clock hours of students enrolled part-time shall be prorated.

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

[C]D. For purposes of funding in an adult education program, a student can only be a pupil in average daily membership once on any day. If the student's day is part-time in the regular school program and part-time in the adult education program, the student's membership shall be reported on a prorated basis for each program. A student may not be funded for more than one regular WPU for any school year.

[D]E. 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, enroll in an adult education program:

(1) The WPU shall not be generated by the student's participation in an adult education program.

(2) This student shall be eligible for adult education state funding.

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

(b) The student may earn a Utah High School Completion Diploma upon successful passing of all five GED Tests; or

(c) The student may, at the discretion of the [school district]LEA, 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-12 diploma shall be completed, provided that the student:

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

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

(iii) has not successfully passed all five GED Tests and has not received a Utah High School Completion Diploma.

(4) An out-of-school youth of school age who has received an Adult Education Secondary Diploma is not eligible to return to a K-12 high school.

(5) An out-of-school youth of school age who has received 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.

(6) An 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-12 graduation (AYP) outcomes.

(7) An out-of-school youth of school age may be considered eligible to take the GED Test if all requirements as stated in R277-702, Procedures for Utah General Educational Development Certificate, are followed.

 

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

A. The Utah Adult Education Program shall offer courses consistent with the Utah Core curriculum under R277-700.

B. The Utah Core curriculum and teaching strategies may be modified or adjusted to meet the individual needs of the adult education student.

C. Written course descriptions for AHSC required and elective courses shall be developed by [school district]LEA adult education programs for all classes taught, consistent with the Utah Core curriculum and Utah adult education curriculum standards, as provided by the USOE.

D. Written course descriptions for GED Test preparation, ESOL and ABE courses shall be developed cooperatively by [school districts]LEAs, CBOs and the USOE based on Utah 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. Course content mastery shall be stressed rather than completion of predetermined seat time in a classroom.

G. Adult high school completion education is determined by the following prerequisite courses:

(1) ESOL competency AEFLA levels one through six;

(2) ABE competency AEFLA levels one through four.

H. AHSC courses for students seeking an Adult Education Secondary Diploma should meet federal AEFLA AHSC Levels I and II competency requirements with a minimum completion of 24 credits under the direction of a Utah licensed teacher as provided below:

(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 [school district]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) [awarded]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;

([d]e) apprenticeship, union or registered work credentials;

([e]f) successful[ly] 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 [following] Core 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 areas of chemistry, biological science, earth science, or physics;

(iv) social studies: 2.50, 1.0 in United States history, .50 in United States government and civics, .50 in geography; and .50 in world civilizations;

(v) arts: 1.50;

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

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

(viii) general financial literacy: .50;

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

(x) electives: 6.0 units of credit.

] I. The USOE Adult Education Section and [local education]LEA programs shall disseminate clear information regarding revised adult education graduation requirements.

J. Adult education students 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 satisfied through completed credits or demonstrated course competency or a Utah High School Completion Diploma [upon]with a successful passing score on all five of the GED Tests consistent with students' SEOP career focus.

K. Adult Education Secondary Diploma graduation requirements may be changed or modified, or both, for adult students with documented disabilities through Individual Education Plans (IEPs) from age 16 [up] until their 22nd birthday or an adult education SEOP, or both to meet unique educational needs.

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

M. Modified graduation requirements for an individual student[s] shall:

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

(2) be maintained in the student's files;

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

N. [School districts]LEAs shall establish policies[:

(1)] allowing or disallowing adult education students participation in graduation activities or ceremonies[; and

(2) allowing or disallowing adult education students from participating in the Utah Basic Skills Competency Test (UBSCT)].

O. An adult education [high school completion] student may only receive an Adult Education Secondary Diploma earned through a designated Northwest accredited Utah adult education program , as approved by the Board.

P. Adult education programs shall accept credits and grades awarded to students without alteration from other state -[ ]recognized adult education programs, schools accredited by [the] Northwest [Accreditation Commission] or schools or programs approved by the Board[ without alteration].

Q. Adult education programs may establish reasonable timelines and may require adequate and timely documentation of authenticity for credits and grades submitted from schools or private providers.

R. A n [school district/]LEA adult education program is the final decision-making authority for the awarding of credit and grades from non-accredited sources.

S. Adult education programs shall provide [a program]instruction that allows students to transition between sites in a seamless manner.

T. 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.

U. 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. Receipt of the Utah High School Completion Diploma does not end entitlement to a free appropriate public education for a student eligible for special education under IDEA.

V. Upon completion of requirements for a Utah Adult Education Secondary Diploma, or a Utah High School Completion Diploma, adult education students may only continue in an adult education program to improve their basic literacy skills if:

(1) their academic skills are less than 12.9 grade level in an academic area of reading, math or English; and

(2) they lack sufficient mastery of basic educational skills to enable them to function effectively in society. The focus of instruction shall be solely literacy and is limited specifically to reading, math or English.

 

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

A. Any adult may enroll in an adult education class consistent with Section 53A-15-404.

B. Tuition and fees [shall]may be charged for ABE, GED preparation, AHSC, or ESOL 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 1751, et seq. The appropriate student fees and tuition shall be determined by the local school board or CBO board of trustees.

C. Adults who are or may attend adult education programs shall be given adequate notice of program 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[, consistent with the definitions under R277-733-1E and R277-733-1I].

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 [or]of trustees.

H. Collected fees and tuition shall be used specifically to provide additional adult education and literacy services that the program 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:

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

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

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

J. All collected fees and tuition generated from the previous fiscal year shall be spent in the adult education program in the ensuing program year and shall not be used by an LEA in calculating carryover fund balance amounts.

K. Collected fees and tuition may not be counted toward meeting federal matching, cost sharing or maintenance of effort requirements related to the [local] program's award.

L. Annually, local programs shall report to the school district or community-based organization and the USOE all fees and tuition collected from students associated with each funding source.

M. 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.

Adult education state funds shall be distributed to [school districts]LEAs offering adult education programs consistent with percentages defined in adult education policy 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[: ESOL competency levels 1-6, ABE competency levels 1-4, and AHSC competency levels].

F. Enrollee adult education [completed]earned secondary credits.

[ F. Supplemental support, to be distributed to school districts for special program needs or professional development, as determined by written request and USOE evaluation of need and approval.

(1) Any school district with pre-approved carryover adult education funds from the previous fiscal year may negotiate a request for supplemental funding as needed.

(2) Priority of supplemental funding shall be given to school districts whose initial adult education allocation is less than one percent of the state allotted total, as indicated on the state allocation table.

] G. Supplemental support, to be distributed to:

(1) LEA adult education programs receiving less than one percent of the state allocation as indicated on the state allocation table that do not have any carryover funds. Applications for supplemental funds are accepted and processed annually between October 15 and October 31. Awarded funds shall be used for special program needs or professional development, as determined by written request and USOE evaluation of need and approval.

([3]2) Any balance of supplemental funds may be applied for by all remaining eligible [school districts]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.

(3) LEA recaptured 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).

[G]H. Adult education federal AEFLA funds shall be distributed based on a competitive application. Second or subsequent year AEFLA funding shall be based on performance criteria established by the USOE, defined in adult education policy.

[H]I. Funds, state [(flow through)] or federal [(reimbursement)] or both, may be withheld or terminated for noncompliance with :

(1) Board rule;

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

(3) associated reporting timelines ; and

(4) program monitoring outcomes, as defined by the USOE.

 

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

A. Official records [kept]shall be maintained in perpetuity:

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

([1]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) GED Test Score Report showing successful passing of all five areas of the GED Test;

] ([c]b) completed Core followup surveys;

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

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

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

B. To validate student outcomes annually, 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 o[f]r 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) 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) Annually, an independent auditor shall be retained by each [school district]LEA and CBO to audit student accounting records to verify UTopia data entries in addition to validating the cash controls over collections of student fees.

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

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

(5) [Local]A program[s] shall prepare and submit to the USOE[a] written corrective action plan for each audit finding by October 15 annually.

(6) USOE adult education staff members are responsible to monitor and assist programs in the resolution of corrective action plans.

(7) A program's failure to resolve audit findings may result in the termination of state and federal funding, or both.

(8) 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 by the USOE in cooperation with the State Auditor 's['] Office and published under the heading of APPC-5.

(9) USOE Adult Education[ Services] 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 [during years when tri-annual reviews are not performed]with program directors throughout the program year. Additional informal monitoring or reviews or site visits may be conducted as necessary[ and as follows].

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

[ (11) USOE adult education staff are responsible to monitor and assist programs in the resolution of corrective action plans.

] ([12]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) The USOE shall review for cause school district or CBO records and practices for compliance with the law and this rule.

 

KEY: adult education

Date of Enactment or Last Substantive Amendment: [January 10, 2011]2012

Notice of Continuation: October 5, 2007

Authorizing, 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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