R277-733-3. Definitions

  (1) "Adult" means an individual 18 years of age or over.

  (2) "Adult education" means organized educational programs below the collegiate/postsecondary level, other than regular full-time K-12 secondary education programs:

  (a) provided by LEAs or other eligible providers;

  (b) affording opportunities for individuals having demonstrated both presence and intent to reside within the state of Utah;

  (c) provided for out-of-school youth (16 years of age and older) or adults who have or have not graduated from high school; and

  (d) provided to improve literacy levels and to further high school level education.

  (3)(a) "Adult Basic Education" or "ABE" means a program of instruction at or below the 8.9 academic grade level, which prepares adults for advanced education and training, 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.

  (b) ABE is designed to help adults by:

  (i) increasing their independence;

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

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

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

  (4) "Adult Education and Family Literacy Act" or "AEFLA" means Title II of the Workforce Innovation Opportunity Act of 2014, which provides the principle source of federal support for:

  (a) academic instruction and education services below the post-secondary level that increase an adult education student's ability to read, write and speak in English, and perform mathematics or other activities necessary for the attainment of a secondary diploma or its recognized equivalent; and

  (b) transition to post-secondary education, training, and employment.

  (5) "Adult High School Completion" or "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.

  (6) "College and Career Readiness Plan" or "CCRP" means a plan developed by a student in consultation with adult education program counselors, teachers, and administrators that:

  (a) is initiated at the time of entrance into an adult education program;

  (b) identifies a student's skills and objectives;

  (c) identifies a career pathway strategy to guide a student's course selection; and

  (d) links a student to post-secondary education, training, or employment using a program-defined adult education transition process.

  (7) "Desk monitoring" means the monthly review of UTopia data to ensure program integrity.

  (8)(a) "Eligible adult education student" means an individual who provides documentation that his primary and permanent residency is in Utah, and:

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

  (ii) is under 18 years of age and is married;

  (iii) has been emancipated or adjudicated as an adult; or

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

  (A) is basic skills deficient;

  (B) does not have a secondary school diploma, its recognized equivalent, or an equivalent level of education; or

  (C) is an ELL.

  (b) A non-resident may be treated as an eligible adult education student in accordance with an individual agreement between an eligible provider and another state.

  (9) "Eligible Provider" may include:

  (a) an LEA;

  (b) a community-based or faith-based organization;

  (c) a voluntary literacy organization;

  (d) an institution of higher education;

  (e) a public or private non-profit agency;

  (f) a library;

  (g) a public housing authority;

  (h) a non-profit institution not described in Subsections (a) through (g) that has the ability to provide adult education and literacy activities to eligible adult education students.

  (i) a consortium or coalition of providers identified in Subsections (a) through (h); or

  (j) a partnership between an employer and a provider identified in Subsections (a) through (i).

  (10)(a) "Enrollee" means an adult student who has:

  (i) 12 or more contact hours in an adult education program during a fiscal program year;

  (ii) an academic assessment establishing an Entering Functioning Level; and

  (iii) an adult education CCRP with an established goal and a defined funding code.

  (b) An enrollee's status is based on the last date that the items set forth in Subsections R277-733-3(10)(a)(i) through (iii) were entered into UTopia.

  (11) "English Language Learner" or "ELL" means an individual:

  (a) who has limited ability in reading, writing, speaking, or comprehending the English language and whose native language is a language other than English; or

  (b) who lives in a family or community where a language other than English is the dominant language.

  (12)(a) "Fee" means any charge, deposit, rental, or other mandatory payment, however designated, whether in the form of money or goods.

  (b) 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.

  (c) All fees are subject to approval by an eligible provider's governing board.

  (13) "High School Equivalency Exam" or "HSE" means a Board approved examination whose modules are aligned with current high school core standards and adult education College and Career Readiness standards.

  (14)(a) "Other eligible adult education student" means an individual 16 to 19 years of age whose high school class has not graduated and who is counted in the regular school program, receiving instruction in both a traditional and adult education program.

  (b) The Superintendent shall pro-rate and provide a credit to an adult education program for funds generated for an other eligible adult education student, weighted pupil unit (WPU) and collected fees.

  (15) "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.

  (16) "Teachers of English to Speakers of Other Languages" or "TESOL" means a credential for teachers of ELL students.

  (17) "Utah High School Completion Diploma" means a diploma issued by the Board and distributed by a Board approved contractor to an individual who has passed all subject modules of an HSE exam at an HSE testing center.

  (18) "UTopia" means the Utah Online Performance Indicators for Adult Education statewide database.

  (19)(a) "Waiver release form" means a form signed by an adult education student allowing for release of the student's CCRP and personal data, including social security number and HSE scores, for data matching purposes with partners including:

  (i) the Department of Workforce Services;

  (ii) higher education institutions;

  (iii) the Utah State Office of Rehabilitation; and

  (iv) a Board approved HSE contractor.

  (b) A 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, career planning, or other purposes if specified in the waiver release form.

  (20) "Weighted pupil unit" or "WPU" means the basic per pupil unit used to calculate the amount of state funds for which a school district is eligible.