R277-419-5. Student Membership Eligibility and Continuing Enrollment Measurements

  (1) A student may enroll in two or more LEAs at the discretion of the LEAs.

  (2) A kindergarten student may only enroll in one LEA at a time.

  (3) In order to generate membership for funding through the Minimum School Program for any clock hour of instruction on any school day, an LEA shall ensure that a student being counted by the LEA in membership:

  (a) has not previously earned a basic high school diploma or certificate of completion;

  (b) has not been enrolled in a YIC program with a YIC time code other than ISI-1 or ISI-2;

  (c) does not have unexcused absences, which are determined using one of the continuing enrollment measurements described in Subsection (4);

  (d) is a resident of Utah as defined under Section 53G-6-302;

  (e) is of qualifying school age or is a retained senior;

  (f)(i) is expected to attend a regular learning facility operated or recognized by an LEA on each regularly scheduled school day, if enrolled in a face-to-face learning program;

  (ii) has direct instructional contact with a licensed educator provided by an LEA at:

  (A) an LEA-sponsored center for tutorial assistance; or

  (B) the student's place of residence or convalescence for at least 120 minutes each week during an expected period of absence, if physically excused from such a facility for an extended period of time, due to:

  (i) injury;

  (II) illness;

  (III) surgery;

  (IV) suspension;

  (V) pregnancy;

  (VI) pending court investigation or action; or

  (VII) an LEA determination that home instruction is necessary;

  (iii) is enrolled in an approved CTE course(s) on the campus of another state funded institution where such a course is:

  (A) not offered at the student's school of membership;

  (B) being used to meet Board-approved CTE graduation requirements under Subsection R277-700-6(14); and

  (C) a course consistent with the student's SEOP/Plan for College and Career Readiness; or

  (iv) is enrolled in a nontraditional program under the direction of an LEA that:

  (A) is consistent with the student's SEOP/Plan for College and Career Readiness;

  (B) has been approved by the student's counselor; and

  (C) includes regular instruction or facilitation by a designated employee of an LEA.

  (4) An LEA shall use one of the following continuing enrollment measures:

  (a) For a student primarily enrolled in a face-to-face learning program, the LEA may not count a student as an eligible student if the eligible student has unexcused absences during all of the prior ten consecutive school days.

  (b) For a student enrolled in a nontraditional program, an LEA shall:

  (i) adopt a written policy that designates a continuing enrollment measurement to document the continuing membership or enrollment status for each student enrolled in the nontraditional program consistent with Subsection (3)(c);

  (ii) document each student's continued enrollment status in compliance with the continuing enrollment policy at least once every ten consecutive school days; and

  (iii) appropriately adjust and update student membership records in the student information system for students that did not meet the continuing enrollment measurement, consistent with Subsection (3)(c).

  (5) The continuing enrollment measurement described in Subsection (4)(b) may include some or all of the following components, in addition to other components, as determined by an LEA:

  (a) a minimum student login or teacher contact requirement;

  (b) required periodic contact with a licensed educator;

  (c) a minimum hourly requirement, per day or week, when students are engaged in course work; or

  (d) required timelines for a student to provide or demonstrate completed assignments, coursework or progress toward academic goals.

  (6) For a student enrolled in both face-to-face and nontraditional programs, an LEA shall measure a student's continuing enrollment status using the methodology for the program in which the student earns the majority of their membership days.

  (7)(a) An LEA desiring to generate membership for student enrollment in courses outlined in Subsection (3)(f)(iii), or to seek a waiver from a requirement(s) in Subsection (3)(f)(iii), shall submit an application for course approval by April 1 of the year prior to which the membership will be counted.

  (b) An LEA shall be notified within 30 days of the application deadline if courses have been approved.