R277-419-6. Student Membership Calculations

  (1)(a) Except as provided in Subsection (1)(b) or (1)(c), a student enrolled in only one LEA during a school year is eligible for no more than 180 days of regular membership per school year.

  (b) An early graduation student may be counted for more than 180 days of regular membership in accordance with the student's early graduation student education plan.

  (c) A student transferring within an LEA to or from a year-round school is eligible for no more than 205 days of regular membership per school year.

  (2)(a) Except as provided in Subsection (2)(b), (2)(c), or (2)(d), a student enrolled in two or more LEAs during a school year is eligible for no more than 180 days of regular membership per school year.

  (b) A student transferring to or from an LEA with a schedule approved under Subsection R277-419-4(1)(b) is eligible for no more than 220 days of regular membership per school year.

  (c) A student transferring to or from an LEA where the student attended or will attend a year-round school is eligible for no more than 205 days of regular membership per school year.

  (d) If the exceptions in Subsections (2)(b) and (2)(c) do not apply but a student transfers from one LEA to another at least one time during the school year, the student is eligible for regular membership in an amount not to exceed the sum of:

  (i) 170 days; plus

  (ii) 10 days multiplied by the number of LEAs the student attended during the school year.

  (3) If a student is enrolled in two or more LEAs during a school year and the aggregate regular membership generated for the student between all LEAs exceeds the amount allowed under Subsection (2), the Superintendent shall apportion the days of regular membership allowed between the LEAs.

  (4) If a student was enrolled for only part of the school day or only part of the school year, an LEA shall prorate the student's membership according to the number of hours, periods or credits for which the student actually was enrolled in relation to the number of hours, periods or credits for which a full-time student normally would have been enrolled. For example:

  (a) If the student was enrolled for 4 periods each day in a 7 period school day for all 180 school days, the student's aggregate membership would be 4/7 of 180 days or 103 days.

  (b) If the student was enrolled for 7 periods each day in a 7 period school day for 103 school days, the student's membership would also be 103 days.

  (5) For students in grades 2 through 12, an LEA shall calculate the days in membership using a method equivalent to the following: total clock hours of instruction for which the student was enrolled during the school year divided by 990 hours and then multiplied by 180 days and finally rounded up to the nearest whole day. For example, if a student was enrolled for only 900 hours during the school year, the student's aggregate membership would be (900/990)*180, and the LEA would report 164 days.

  (6) For students in grade 1, an LEA shall adjust the first term of the formula to use 810 hours as the denominator.

  (7) For students in kindergarten, an LEA shall adjust the first term of the formula to use 450 hours as the denominator.

  (8) The sum of regular plus self-contained special education and self-contained YIC membership days may not exceed 180 days.

  (9) The sum of regular and resource special education membership days may not exceed 360 days.

  (10) The sum of regular, ISI-1 and ISI-2 YIC membership days may not exceed 360 days.

  (11) An LEA may also count a student in membership for the equivalent in hours of up to:

  (a) one period each school day, if the student has been:

  (i) released by the school, upon a parent or guardian's request, during the school day for religious instruction or individual learning activity consistent with the student's SEOP/Plan for College and Career Readiness; or

  (ii) participating in one or more extracurricular activities under Rule R277-438, but has otherwise been exempted from school attendance under Section 53G-6-204 for home schooling;

  (b) two periods each school day per student for time spent in bus travel during the regular school day to and from another state-funded institution, if the student is enrolled in CTE instruction consistent with the student's SEOP/Plan for College and Career Readiness;

  (c) all periods each school day, if the student is enrolled in:

  (i) a concurrent enrollment program that satisfies all the criteria of Rule R277-713;

  (ii) a private school without religious affiliation under a contract initiated by an LEA to provide special education services which directs that the instruction be paid by public funds if the contract with the private school is approved by an LEA board in an open meeting;

  (iii) a foreign exchange student program under Subsection 53G-6-707(7); or

  (iv) a school operated by an LEA under a Utah Schools for the Deaf and the Blind IEP provided that:

  (A) the student may only be counted in S1 membership and may not have an S2 record; and

  (B) the S2 record for the student is submitted by the Utah Schools for the Deaf and the Blind.