DAR File No. 27309

Education, Administration

R277-615

Foreign Exchange Students

NOTICE OF PROPOSED RULE

DAR File No.: 27309
Filed: 07/15/2004, 04:41
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is repealed because changes to state law repealing Utah State Board of Education funding of J-1 Foreign Exchange Student programs except for one-to-one exchanges make the rule no longer necessary.

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

In 2003, there was an approximate $700,000 savings based on the number of foreign exchange students coming into the state and receiving state weighted pupil unit (WPU) monies for services. In addition, there was probably an additional $15,000 savings based on 25% of a state education specialist and secretary time to administer the program. The savings would increase yearly based on state WPU increases and based on the number of students coming into the state to attend Utah public schools.

local governments:

There are no anticipated cost or savings to local government. The only time a school district would accept a J-1 foreign exchange student is when a resident student leaves the school to attend a school in a foreign country which makes the space available for a J-1 foreign exchange student to enroll.

other persons:

There will be costs to persons wishing to send students to Utah to attend Utah public schools. Student will now need to either pay for the full cost of the program or reside with a legal guardian consistent with state law to avoid tuition costs.

Compliance costs for affected persons:

There will be compliance costs to persons wishing to send students to Utah to attend Utah public schools. Student will now need to either pay for the full cost of the program or reside with a legal guardian consistent with state law to avoid tuition costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule, and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at clear@usoe.k12.ut.us

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/31/2004

This rule may become effective on:

09/01/2004

Authorized by:

Carol Lear, Coordinator School Law and Legislation

RULE TEXT

R277. Education, Administration.

[R277-615. Foreign Exchange Students.

R277-615-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "USOE" means the Utah State Office of Education.

C. "J-1 foreign exchange student" means a foreign national secondary student who has entered the United States for up to one year for a cultural and educational experience and whose placement is sponsored by a Board-approved agency.

R277-615-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities, Section 53A-2-206 which requires the Board to approve agencies sponsoring J-1 exchange students, and Section 53A-1-402(1)(b) which directs the Board to adopt rules regarding attendance.

B. This rule sets standards by which districts may include J-1 exchange students in the student membership count required for the apportionment of state funds.

R277-615-3. Board Approved Participation.

Each year the Board determines the number of J-1 exchange students whose participation in public education programs will be funded by the state appropriation. The number approved is based on available funds and the percentage of increase or decrease of the K-12 student population statewide.

R277-615-4. Student and Agency Eligibility.

A. Students approved for funded participation shall be:

(1) Sponsored by an agency approved by the United States Information Agency.

(a) The USOE maintains a current list of approved sponsoring organizations. The list is available from the USOE specialist for international education.

(b) The sponsoring agency must be working toward a one-to-one exchange.

(c) Requests for exceptions to USOE approved organizations are reviewed and approved by the USOE on an individual basis using the criteria for approval established in "Regulations Governing Exchange Visitor Programs," 1993, published by the United States Information Agency. This publication is available from all foreign student exchange group representatives, all host families, all schools attended by foreign exchange students, and the Specialist for International Education at the Utah State Office of Education; and

(2) approved for enrollment by the district of attendance prior to the student's arrival in the United States.

B. Approved agencies are allotted a specific number of placements annually. This number is specified, after negotiation with the sponsoring agency, by USOE staff based on outgoing exchange students placed by an agency. Placements are approved by the Board or its designee.

C. Allotted placements not completed by designated placement agencies by July 15 may be reallocated.

R277-615-5. District Reports.

A. A school district shall annually report to the USOE the number of J-1 exchange students accepted, the sponsoring agencies, and the J-1 exchange students' entry and exit dates.

B. A school district shall maintain the names of all J-1 exchange students accepted, the exchange students' local addresses, the sponsoring agencies, dates of acceptance by the local boards, and dates on which the USOE was notified of the acceptance.

R277-615-6. Representation.

The USOE works with sponsoring agencies and districts to assure an equitable representation of countries in individual schools.

R277-615-7. Foreign Exchange Student Promotion or Graduation.

A. Each district participating in the J-1 foreign exchange student program shall adopt a written policy outlining and explaining high school graduation and diploma options for J-1 exchange students.

B. All J-1 foreign exchange students shall provide a translated transcript to school officials as required by United State Information Agency regulations.

C. A J-1 foreign exchange student who desires to earn a graduation diploma shall provide an evaluated, translated transcript of courses to the assigned counselor prior to the student's registration at the school.

D. The USOE International Specialist shall develop and provide to school districts a list of approved individuals qualified to evaluate foreign transcripts.

E. Any costs associated with evaluation of foreign transcripts shall be the responsibility of the foreign exchange student or the host family.

F. Districts shall include in their policies, procedures and criteria for receiving "certificates of completion" or "promotion."

KEY: foreign students

July 16, 1996

Notice of Continuation January 14, 2003

Art X Sec 3

53A-2-206

53A-1-402(1)(b)]

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at clear@usoe.k12.ut.us

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.