DAR File No. 27592

Education, Administration

R277-733

Adult Education Programs

NOTICE OF PROPOSED RULE

DAR File No.: 27592
Filed: 12/15/2004, 04:42
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to develop a statewide fee schedule for adult education classes based upon a student's ability to pay.

Summary of the rule or change:

The changes include establishing a statewide fee schedule for adult education classes based upon a student's ability to pay. The proposed changes link these fees to free/reduced lunch criteria and establish a basic fee amount for classes, as well as less costly options for those who may qualify.

State statutory or constitutional authorization for this rule:

Section 53A-15-401

Anticipated cost or savings to:

the state budget:

There are anticipated savings to the state in an amount estimated at $744,000 in revenue because this fee increase doubles the fees currently collected from adult education students.

local governments:

There are no anticipated cost or savings to local government. The Adult Education Program will be paid by state funding and student fees.

other persons:

There will be a cost to students in an amount not to exceed $100 per Adult Education class and subject to a student's ability to pay. The estimated amount to be paid by students is $744,000.

Compliance costs for affected persons:

In order to participate in the Adult Education Program, there will be a cost to students in an amount not to exceed $100 per Adult Education class and subject to a student's ability to pay.

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 to 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:

01/31/2005

This rule may become effective on:

02/01/2005

Authorized by:

Carol Lear, Coordinator School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-733. Adult Education Programs.

R277-733-1. Definitions.

A. "Adult" means a person 18 years of age or over.

B. "Adult basic education (ABE)" means a program that provides instruction for adults whose inability to compute or speak, read, or write the English language at or below the eighth grade level substantially impairs their ability to find or retain employment commensurate with their real ability. The instruction is designed to help adults by:

(1) increasing their independence;

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

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

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

C. "Adult education" means [instruction and educational services for students age 18 and over who lack:

(1) basic education skills sufficient to enable them to function effectively in society as measured by performance at or below the eighth grade level on standardized achievement tests;

(2) a certificate of graduation from a school providing the secondary education of grade levels nine through twelve;

(3) English acquisition skills for non-English language learners; or

(4) A GED Certificate of Completion.]a program that provides instruction for eligible adult education students who are seeking:

(1) a certificate of graduation from an accredited high school;

(2) a GED Certificate of Completion;

(3) English acquisition skills to compute, speak, read, or write the English language; or

(4) competency functioning levels for adults who are currently assessed below the eighth grade level of competency; or

(5) programs/courses to assist adults in becoming literate and obtaining the academic knowledge and skills necessary for employment and self-sufficiency; and

Adult education programs/courses may also be made available to public education students who are younger than 18 as determined necessary by local adult education programs.

D. "Adult high school education" means a program that provides instruction in Board-approved subjects which leads to a high school diploma for adults.

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

F. "Consumable items" means student workbooks, student packets, computer disks, pencils, papers, notebooks, and other similar personal items over which a student retains ownership during the course of study.

G. "Eligible adult education student" means a person who is a legal resident of the United States, makes his true and permanent home in Utah, and:

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

(2) is under 18 years of age [who]and is married; or

(3) has been adjudicated as an adult.

H. "Enrollees" means adult students who have 12 or more contact hours within the adult education program.

I. "Fee" means any charge, deposit, rental, or other mandatory payment, however designated, whether in the form of money or goods. 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 a school. All fees are subject to approval by the local school board of education.

J. "GED" means General Education Development. A program to provide instruction in subjects which leads to a GED certificate of completion.

K. "GED Certificate of Completion" means a certificate issued by the Board acknowledging competency on the part of the certificate holder in the GED test areas.

L. "Latest official census data" means statistical information used to determine the number of adults who need adult education services, and determined by:

(1) individuals 18 years of age and older with less than a ninth grade education; or

(2) individuals 18 years of age and older whose primary language is other than English; or

(3) individuals 18 years of age and older without a high school diploma -- ungraduated adults.

M. "Measurable outcomes" means education results that lead to student progress in adult education. Funding is determined by measurable outcome percentages under R277-733-9.

N. "Other eligible adult education student" means a person 16 to 18 years of age whose high school class has not graduated and is counted in the regular school program. The funds generated are credited to the adult education program.

O. "Tuition" means the base cost of an adult education program providing services to the adult education student.

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

R277-733-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which gives general control and supervision of the public school system to the Board, Section 53A-15-401 which places the general control and supervision of adult education under the Board, Section 53A-1-402(1) which allows the Board to adopt minimum standards for programs and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to describe curriculum, program standards, allocation formulas, and operation procedures for the adult education program.

R277-733-3. Federal Adult Education.

The Board adopts the Adult Education and Family Literacy Act, Chapter 2, Public Law 105-220, 20 U.S.C. 1201 et seq., hereby incorporated by reference, and the related current state plan required under that statute, as the standards and procedures governing the federally-funded portion of its adult education program, available from the USOE Adult Education Section.

R277-733-4. Program Standards.

A. Each eligible adult education student shall have [A]a written Student Educational/Occupational Plan based upon an analysis of the student's goals and objectives, prior academic achievement, work experience and placement assessment data[ shall be developed for each adult education student and ]. The plan shall be signed by the student and a designated local school official.

B. Local adult education programs shall make reasonable efforts to inform prospective students of the availability of the programs and provide enrollment information widely.

C. Only courses identified in R277-733-7 qualify for adult education funds. Only 25 percent of an adult education student's credits toward graduation may be electives as identified under R277-733-7.

D. Local adult education programs shall comply with state and federal requirements and Board rules. The USOE shall evaluate local programs to determine compliance.

R277-733-5. Fiscal Procedures.

A. State funds appropriated for adult education are allocated in accordance with Section 53A-17a-119.

B. No eligible school district shall receive less than its portion of a seven percent base amount of the state appropriation if:

(1) instructional services approved by the USOE Adult Education Services have been provided to eligible adult students during the preceding fiscal year; or

(2) the district is preparing to offer such services--such a preparation period may not exceed two years.

C. Lapsing and nonlapsing funds

(1) Funds appropriated for adult education programs are subject to Board accounting, auditing, and budgeting rules.

(2) State adult education funds which are allocated to local adult education programs and are not expended in a fiscal year may be carried over to the next fiscal year with written approval by the USOE. These funds may be considered in determining the district's allocation for the next fiscal year.

D. The USOE shall develop uniform forms, deadlines, program reporting and accounting procedures, and guidelines to govern the state and federal adult basic skills and adult high school programs. The "Adult Education Guidelines for Fiscal, Student, and Program Accounting and Reporting" manual, July, 2003, includes these forms, procedures and guidelines and is available from the USOE.

R277-733-6. Adult Education Pupil Accounting.

A. A student under 19 years of age who has not graduated and who is a resident of the district, may, with approval under the state administered Adult Education Program, enroll in the Adult Basic and Adult High School Completion Program and generate regular state WPUs at the rate of 990 clock hours of membership per one weighted pupil unit per year, 1 F[.]T[.]E[.] on a yearly basis. The clock hours of students enrolled part-time must be prorated.

B. A student 17 years of age or over, without a high school diploma but whose high school class has graduated, who resides in the state of Utah, and who intends to graduate from high school, may enroll in the State Adult High School Completion Program. Student attendance up to 990 clock hours of membership is equivalent to 1 F[.]T[.]E[.] per year.

(1) The clock hours of students enrolled part-time shall be prorated.

(2) As an alternative, equivalent weighted pupil units may be generated for competencies mastered on the basis of prior authorization of a district plan by the USOE.

R277-733-7. Adult Basic Education and Adult High School Education Curriculum.

A. Adult basic education shall consist of the following prerequisite courses to subsection R277-733-7B below:

(1) English for Speakers of Other Languages (ESOL) competency levels one through six.

(2) Adult Basic Education (ABE) competency levels one through four.

B. Adult secondary education (ASE) shall satisfy ASE competency levels I and II requirements with a minimum of 24 credits as provided below:

(1) Adult High School General Core Courses: 13.5 units of credit required:

(a) English: 3.0;

(b) mathematics: 2.0, elementary algebra or above;

(c) science: 2.0, with a maximum of one credit in at least two of the following areas: (1) chemistry; (2) biological science; (3) earth science; (4) physics;

(d) social studies: 3.0, 1.0 in United States history or American government; .5 in geography; .5 in world studies; 1.0 in elective social studies;

(e) information technology: .5;

(f) [applied technology]career and technical education: 1.0;

(g) fine arts: 1.0;

(h) healthy life styles: 1.0.

(2) Adult High School completion shall satisfy requirements outlined in R277-600-6 and shall be consistent with R277-733-4C.

R277-733-8. Adult Education Programs--Tuition and Fees.

A. Any adult may enroll in an adult education class as provided in Section 53A-15-404.

B. Tuition and fees [may]shall be charged for literacy courses[, when adequate state or local funds are not available] and adult high school general courses in an amount not to exceed $100 annually per student based on the student's ability to pay as determined by federal free and reduced lunch guidelines, under the Richard B. Russell National School Lunch Act, 42 USC 1751, et seq. The appropriate student fees and tuition shall be determined by the local school board.

C. [Tuition may be charged for adult high school general core courses, when adequate state or local funds are not available.]Adult education tuition and fees shall be waived or students shall be offered appropriate work in lieu of waivers for students who are younger than 18, qualify for fee waivers under R277-407, and their class has not graduated.

D. Tuition may be charged for courses that satisfy requirements outlined in R277-700-6 and subject to R277-733-4C, when adequate state or local funds are not available.

E. Fees may be charged for consumable and nonconsumable items necessary for adult high school general core courses, courses that satisfy requirements outlined in R277-700-6 and subject to R277-733-4C, and adult high school general core courses, consistent with the definitions under R277-733-1F and R277-733-1I.

R277-733-9. Allocation of Adult Education Funds.

Adult education funds shall be distributed to school districts according to the following:

A. Base amount - 7 percent of appropriation or $13,000, whichever is greater, to be distributed equally to each district with USOE-approved plan.

B. Latest official census data, as defined in R277-733-1L, at a decreasing rate per year until reaching zero percent: 15 percent of appropriation for FY 04, 10 percent for FY 05, five percent for FY 06, zero percent for FY 07, and zero percent thereafter.

C. Measurable outcomes, as defined in R277-733-1M, on an increasing rate per year until reaching 50 percent: 35 percent of appropriation for FY 04, 40 percent for FY 05, 45 percent for FY 06, and 50 percent for FY 07 and 50 percent thereafter. Funds shall be distributed among measurable outcomes as follows:

(1) number of high school diplomas awarded - 30 percent of the total funds available;

(2) number of GED certificates awarded - 25 percent of the total funds available;

(3) number of level gains: ESOL levels 1-6 and ABE competency levels 1-4 - 30 percent of the total funds available;

(4) number of high school credits earned by students - 15 percent of the total funds available.

D. Enrollees as defined by federal regulations - 25 percent of appropriation.

E. Supplemental support, to be distributed to school districts for special program needs or professional development as determined by written request and USOE evaluation of need and approval - 2 percent or balance of appropriation whichever is smaller.

F. Student participation, total number of contact hours between adult student and adult education program - 16 percent.

KEY: adult education

[August 15, 2003]2005

Notice of Continuation October 18, 2002

Art X Sec 3

53A-15-401

53A-1-402(1)

53A-1-401(3)

53A-15-404

53A-12-101

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.