Education - Administration - Definitions for Utah State Board of Education (Board) Rules


Published: 2021-01-08

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NOTICE OF PROPOSED RULE
TYPE OF RULE: Amendment
Utah Admin. Code Ref (R no.):
R277-100
Filing No. 53025
Agency Information
1. Department:
Education
Agency:
Administration
Building:
Board of Education
Street address:
250 E 500 S
City, state:
Salt Lake City, UT 84111
Mailing address:
PO Box 144200
City, state, zip:
Salt Lake City, UT 84114-4200
Contact person(s):
Name:
Phone:
Email:
Angie Stallings
801-538-7830
angie.stallings@schools.utah.gov
Please address questions regarding information on this notice to the agency.
General Information
2. Rule or section catchline:
R277-100. Definitions for Utah State Board of Education (Board) Rules
3. Purpose of the new rule or reason for the change (If this is a new rule, what is the purpose of the rule? If this is an amendment, repeal, or repeal and reenact, what is the reason for the filing?):
It was necessary to add two new definitions to Board Rule R277-100.
4. Summary of the new rule or change:
Board Rule R277-100 has been amended to add two new definitions: cumulative file or folder and multi-disciplinary team.
Fiscal Information
5. Aggregate anticipated cost or savings to:
A) State budget:
This rule change is not expected to have material fiscal impact on state government revenues or expenditures. The amendment defines certain terms to improve continuity of understanding across the system.
B) Local governments:
This rule change is not expected to have material fiscal impact on local governments' revenues or expenditures. The amendment defines certain terms to improve continuity of understanding across the system.
C) Small businesses ("small business" means a business employing 1-49 persons):
This rule change is not expected to have fiscal impact on small businesses' revenues or expenditures. The amendment defines certain terms to improve continuity of understanding across the system.
D) Non-small businesses ("non-small business" means a business employing 50 or more persons):
There are no non-small businesses in the industry in question, Elementary and Secondary Schools (North American Industry Classification System (NAICS) 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule change is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of, or generate revenue for non-small businesses.
E) Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
This rule change is not expected to have fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities. The amendment defines certain terms to improve continuity of understanding across the system.
F) Compliance costs for affected persons:
There are no independent compliance costs for affected persons. The amendment defines certain terms to improve continuity of understanding across the system.
G) Regulatory Impact Summary Table (This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts will be included in narratives above.)
Regulatory Impact Table
Fiscal Cost
FY2021
FY2022
FY2023
State Government
$0
$0
$0
Local Governments
$0
$0
$0
Small Businesses
$0
$0
$0
Non-Small Businesses
$0
$0
$0
Other Persons
$0
$0
$0
Total Fiscal Cost
$0
$0
$0
Fiscal Benefits
State Government
$0
$0
$0
Local Governments
$0
$0
$0
Small Businesses
$0
$0
$0
Non-Small Businesses
$0
$0
$0
Other Persons
$0
$0
$0
Total Fiscal Benefits
$0
$0
$0
Net Fiscal Benefits
$0
$0
$0
H) Department head approval of regulatory impact analysis:
The State Superintendent of the Utah State Board of Education, Sydnee Dickson, has reviewed and approved this fiscal analysis.
6. A) Comments by the department head on the fiscal impact this rule may have on businesses:
There are no non-small businesses in the industry in question, Elementary and Secondary Schools (NAICS 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This rule change is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses and it does not require any expenditures of, or generate revenue for non-small businesses. This rule change has no fiscal impact on local education agencies and will not have a fiscal impact on small businesses either.
B) Name and title of department head commenting on the fiscal impacts:
Sydnee Dickson, State Superintendent
Citation Information
7. This rule change is authorized or mandated by state law, and implements or interprets the following state and federal laws. State code or constitution citations (required):
Article X, Section 3
Subsection 53E-3-401(4)
Public Notice Information
9. The public may submit written or oral comments to the agency identified in box 1. (The public may also request a hearing by submitting a written request to the agency. The agency is required to hold a hearing if it receives requests from ten interested persons or from an association having not fewer than ten members. Additionally, the request must be received by the agency not more than 15 days after the publication of this rule in the Utah State Bulletin. See Section 63G-3-302 and Rule R15-1 for more information.)
A) Comments will be accepted until (mm/dd/yyyy):
10/01/2020
10. This rule change MAY become effective on (mm/dd/yyyy):
10/08/2020
NOTE: The date above is the date on which this rule MAY become effective. It is NOT the effective date. After the date designated in Box 10, the agency must submit a Notice of Effective Date to the Office of Administrative Rules to make this rule effective. Failure to submit a Notice of Effective Date will result in this rule lapsing and will require the agency to start the rulemaking process over.
Agency Authorization Information
Agency head or designee, and title:
Angie Stallings, Deputy Superintendent
Date (mm/dd/yyyy):
08/14/2020
R277. Education, Administration.
R277-100. Definitions for Utah State Board of Education (Board) Rules.
R277-100-1. 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; and
(b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.
(2) The purpose of this rule is to provide definitions that are used in the Board rules beginning with R277.
R277-100-2. Definitions.
(1) "Accreditation" means the formal process for internal and external review and approval under the standards of an accrediting entity adopted by the Board.
(2) "Agency" means:
(a) an entity governed by the Board;
(b) an LEA; or
(c) a grant sub-recipient.
(3) "Board" means the State Board of Education.
(4) "Charter school" means a school established as a charter school by a charter school authorizer under Title 53G, Chapter 5, Charter Schools, and Board rule.
(5) "Comprehensive dropout intervention and prevention program" means a program that:
(a) addresses needs of students who are not succeeding in a traditional school environment;
(b) provides targeted instruction that increases student credit-earning rates toward graduation; and
(c) partners with community entities to provide a continuum of services with the focus of preparing students for life after high school.
(6)(a) "Cumulative file" or "cumulative folder" means a physical or digital record maintained by an LEA for each student containing, at a
minimum, the following information:
(i) evidence of the student's legal name and date of birth;
(ii) student demographic data, including race, ethnicity, and gender;
(iii) name and contact information for the student's parents;
(iv) a record of the student's courses, teachers, and grades or progress;
(v) a record of the student's performance on statewide assessments;
(vi) documentation concerning a student's eligibility for IDEA or 504 services;
(vii) a record of suspensions and expulsions, in accordance with Subsection 53G-8-208(4)(a);
(viii) known allergies;
(ix) a record of vision and health screening results; and
(x) a record of required student immunizations; and
(xi) pertinent legal documents, including protective orders, custody orders, and parenting or education plans.
(b) "Cumulative file" may include additional student information in accordance with an LEA's policies.
([6]7) "District school" means a public school under the control of a local school board elected under Title 20A, Chapter 14, Nomination
and Election of State and Local School Boards.
([7]8) "Dual enrollment student" means a student who:
(a) is enrolled simultaneously in:
(i) a private school or home school; and
(ii) a public school; and
(b) is counted by an LEA in membership for purposes of generating state or federal funding for only those courses or subjects for which the LEA provides instruction.
([8]9) "Educator" means an individual licensed under Section 53E-6-201 and who meets the requirements of Board rule.
([9]10) "ESSA" or the "Every Student Succeeds Act" means the Congressional act, which reauthorized the Elementary and Secondary
Education Act of 1965, which is found at 20 U.S.C. 6301, et seq.
([10]11)(a) "Evaluate" or "review" means to observe and assess a program receiving state or federal funds with an objective of making
recommendations, if appropriate, for necessary changes or improvement.
(b) An "evaluation" or "review" may include providing training and technical assistance on program-related matters and performing on-site reviews of program operations.
([11]12)(a) "External audit" means an appraisal activity established under the direction of an individual or entity outside of the subject agency
to examine and evaluate the adequacy and effectiveness of:
(i) agency control systems;
(ii) compliance;
(iii) performance; and
(iv) financial position.
(b) An external audit is conducted in accordance with current professional and industry technical standards, as applicable, for external audits.
([12]13)(a) "Home school student" means a student who:
(a) attends a home school pursuant to Section 53G-6-204; and
(b) is not counted by an LEA in membership for purposes of generating state or federal funding.
([13]14) "Individualized education program" or "IEP" means a written statement for a student with a disability that is developed, reviewed,
and revised in accordance with Part B of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Section 1400 (2004), and rule.
([14]15) "Individuals with Disabilities Education Act" or "IDEA," 20 U.S.C. Section 1400 et seq. (2004), is a four part (A-D) piece of federal
legislation that ensures a student with a disability is provided with a Free Appropriate Public Education (FAPE) that is tailored to the student's individual needs.
([15]16)(a) "Internal audit" means an independent appraisal activity established within an agency as a control system to examine and
objectively evaluate the adequacy and effectiveness of other internal control systems within the agency.
(b) An "internal audit" is conducted in accordance with the current:
(i) International Standards for the Professional Practice of Internal Auditing; or
(ii) Government Auditing Standards, issued by the Comptroller General of the United States.
([16]17)[)](a) "LEA" or "local education agency" means a school district or charter school.
(b) For purposes of certain rules, "LEA" or "local education agency" may include the Utah Schools for the Deaf and the Blind (USDB) if indicated in the specific rule.
([17]18)(a) "LEA governing board" means:
(i) for a school district, a local school board; and
(ii) for a charter school, a charter school governing board.
(b) For purposes of certain rules, "LEA governing board" may include the State Board of Education as the governing board for the Utah Schools for the Deaf and the Blind if indicated in the specific rule.
([18]19)(a) "Monitor" or "oversee" means to formally supervise, inspect, or examine the compliance, performance, or finances of a program
receiving state or federal education funding.
(b) A monitoring or oversight program may include:
(i) review of financial and performance reports required of the subject program;
(ii) follow-up to ensure the subject program takes timely and appropriate actions to correct identified deficiencies;
(iii) supervising remedial action recommended by audit or monitoring findings or required by Board rule; and
(iv) any function performed in an evaluation or review.
(20)(a) "Multi-disciplinary team" means a group of individuals from multiple disciplines who meet to:
(i) pursue the common goal of evaluating and triaging the academic, social, emotional, physical, and behavioral needs of a student or group
of students; and
(ii) create individualized strategies and interventions to address identified needs.
(b) An LEA's multi-disciplinary school team as described in Subsection (20)(a) may include:
(i) administrative personnel;
(ii) a local law enforcement officer or school resource officer;
(iii) a mental health professional;
(iv) a general education or special education teacher; and
(v) other community members as determined by the LEA.
([19]21) "Parent" means a parent or guardian who has established residency of a child under Sections 53G-6-302, 53G-6-303, or 53G-6-402,
or another applicable Utah guardianship provision.
([20]22) "Plan for College and Career Readiness" or "SEOP" means a student education occupation plan for college and career readiness
that is a developmentally organized intervention process that includes:
(a) a written plan, updated annually, for a secondary student's (grades 7-12) education and occupational preparation;
(b) all Board, local board and local charter board graduation requirements;
(c) evidence of parent or guardian, student, and school representative involvement annually;
(d) attainment of approved workplace skill competencies, including job placement when appropriate; and
(e) identification of post secondary goals and approved sequence of courses.
([21]23) "Preschool" means a school in which all the students enrolled are pre-kindergarten.
([22]24)(a) "Private school student" means a student who:
(a) attends a private school; and
(b) is not counted by an LEA in membership for purposes of generating state or federal funding.
([23]25) "Program" means an instructional environment that does not meet the criteria to be classified a school, as described in Subsection
(26).
([24]26) "Public school student" means a student who:
(a) attends an LEA governed public school; and
(b) is counted by an LEA in membership for purposes of generating state or federal funding.
([25]27) "School" means an instructional environment that:
(a) is governed by an LEA board;
(b) has an assigned administrator;
(c) has enrolled students that generate average daily membership hours during the school year;
(d) has assigned instructional staff;
(e) provides instruction in the Utah core standards;
(f) has one or more grade groups in the range from kindergarten through grade 12; and
(g) is not a program for students enrolled in another public school.
([26]28) "Social emotional learning" or "SEL" means the process through which students acquire and effectively apply the knowledge,
attitude, and skills necessary to:
(a) understand and manage emotions;
(b) set and achieve positive goals;
(c) feel and show empathy for others;
(d) establish and maintain positive relationships;
(e) make responsible decisions; and
(f) self-advocate.
([27]29) "Split enrollment student" means a student who is:
(a) regularly enrolled at two schools within two LEAs at the same time;
(b) eligible for graduation and other services at both schools; and
(c) subject to the split enrollment provisions of R277-419, counted by each LEA in membership for purposes of generating state or federal funding for only those courses or subjects for which each LEA provides instruction.
([28]30) "State Charter School Board" or "SCSB" means the State Charter School Board created in Section 53G-5-201.
([29]31) "Superintendent" means the State Superintendent of Public Instruction or the Superintendent's designee.
([30]32) "Suspension" means:
(a) an in-school suspension that is a temporary removal of a student from the student's regular classroom for disciplinary reasons for at least half a school day but remains under the direct supervision of school personnel; or
(b) an out-of-school suspension that is the removal of a student from school grounds for disciplinary reasons unless the student removed is:
(i) served solely under a Section 504 plan, where an out-of-school suspension is the excluding of the student from school for disciplinary purposes for one day or longer; or
(ii) a student with disabilities under IDEA, where an out-of-school suspension is the temporary removal of the student from the student's regular school for disciplinary reasons to another setting.
([31]33) "USDB" means the Utah Schools for the Deaf and the Blind.
KEY: Board of Education, rules, definitions
Date of Enactment or Last Substantive Amendment: [March 12,] 2020
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)
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