No. 34832 (Repeal): Rule R277-715. English Language Learner Family Literacy Centers

(Repeal)

DAR File No.: 34832
Filed: 05/16/2011 06:43:25 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is repealed because the statutory language that established specific programs for at-risk students has been replaced by a new more flexible program established in H.B. 2, 2011 General Session, which provides funding to local education agencies (LEAs) to support the academic growth of students who are at risk for academic failure. A new rule consistent with the new statutory language providing for more flexible at risk student program funding will replace this rule. (DAR NOTE: H.B. 2 (2011) will be effective 07/01/2011.)

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. This rule is being repealed because the language in this rule is no longer supported by statute. A new rule consistent with new statutory language will replace this rule.

local governments:

There are no anticipated costs or savings to local government. This rule is being repealed because the language in this rule is no longer supported by statute. A new rule consistent with new statutory language will replace this rule.

small businesses:

There are no anticipated costs or savings to small businesses. This rule relates to public education and does 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. This rule is being repealed because the language in this rule is no longer supported by statute. A new rule consistent with new statutory language will replace this rule.

Compliance costs for affected persons:

There are no compliance costs for affected persons. This rule is being repealed because the language in this rule is no longer supported by statute. A new rule consistent with new statutory language will replace this rule.

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:

07/01/2011

This rule may become effective on:

07/08/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

[R277-715. English Language Learner Family Literacy Centers Program.

R277-715-1. Definitions.

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

B. An "English Language Learner (ELL)" means a student who has difficulty speaking, reading, writing, or understanding the English language.

C. "English Language Learner Family Literacy Centers (Centers)" means centers created by public schools to increase parent involvement; communicate with parents who are not proficient in English concerning required and optional activities at the school, in the parents' preferred language to the extent practicable; increase academic achievement, literacy skills, and language gains in all ethnic groups of students and their families; coordinate with school administrators, educators, families, and students; support and coordinate with other language acquisition instructional services and language proficiency program in the public schools.

D. "Language acquisition" means the process of learning a language.

E. "Language minority population" means a language other than the one spoken by the majority of people in a given regional or national context.

F. "Language proficiency" means the level of competence at which an individual is able to use language for both basic communication tasks and academic purposes as determined by local evaluation.

G. "USOE" means the Utah State Office of Education.

 

R277-715-2. 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, and Section 53A-17a-161(2) which directs the Board to adopt a formula that allocates the money appropriated by the Legislature for the English Language Learner Family Literacy Centers Program to school districts and charter schools.

B. The purpose of this rule is to adopt a formula to allocate funds appropriated by the Legislature under Section 53A-17a-161 in a fair and equitable manner.

 

R277-715-3. Proposals from School Districts and Charter Schools.

A. Participation in this program by school districts and charter schools is optional; submitted proposals for developing centers shall be consistent with:

(1) the purposes of Section 53A-17a-161 and this rule; and

(2) available and successful center models.

B. Proposals shall identify:

(1) center development timelines;

(2) timelines that explain annual progress between July 2008 and July 2010;

(3) an annual total and budget;

(4) an assessment component, including participation by local community councils, school employees, students, and others as appropriate.

C. Proposals shall be submitted to the USOE by June 30.

 

R277-715-4. USOE Response, Timelines and Formula.

A. The USOE may appoint an expert review panel to review, prioritize and recommend proposals for funding by the Board.

B. After the USOE receives proposals, it will determine a funding formula based on the number and quality of proposals.

C. The formula shall:

(1) distribute 45 percent of the funds as a base for all school districts and charter schools that submit viable proposals for developing family literacy centers;

(2) distribute 50 percent of the funds directly to participating school districts and charter schools based on the ELL student count in the school districts/charter schools;

(3) retain five percent of appropriated funding for:

(a) an annual third party assessment of school district/charter school family literacy center projects; the assessment shall be a third-party assessment; and

(b) continuing professional development for participating school districts and charter schools that allows the USOE to provide current information and materials over a three year period to assist participating school districts/charter schools.

D. The Board shall approve recommendations for funding by July 30.

E. School districts and charter schools that receive funding shall be notified of funding and the distribution of funds shall begin as soon as possible after Board approval.

 

KEY: English Language Learners

Date of Enactment or Last Substantive Amendment: October 8, 2008

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1)(c); 53A-17a-161(2)]

 

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