R277-716-1. Authority and Purpose

  (1) This rule is authorized by:

  (a) Utah Constitution Article X, Section 3, which vests general control and supervision of public education in the Board;

  (b) Title III; and

  (c) Subsection 53E-3-401(4), which allows the Board to adopt rules in accordance with its responsibilities.

  (2) The purpose of this rule is:

  (a) to address the requirements of Title III and implementing regulations and case law;

  (b) to clearly define the respective responsibilities of the Superintendent and LEAs:

  (i) in identifying students learning English who are currently enrolled in Utah schools; and

  (ii) in providing evidence-based language instruction educational programs to identified students; and

  (c) in order to:

  (i) meet Title III requirements;

  (ii) meet funding eligibility requirements; and

  (iii) appropriately distribute Title III funds for students learning English to LEAs with approved plans in the Utah Grants Management System.