DAR File No. 27799

Education, Administration

R277-437

Student Enrollment Options

NOTICE OF PROPOSED RULE

DAR File No.: 27799
Filed: 04/01/2005, 05:11
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to eliminate inconsistencies between the Utah State Board of Education rule and the Utah High School Activities Association (UHSAA) by-laws and rules. The amendment also removes responsibility from the State Board of Education for high school athletic eligibility requirements. It is necessary to remove all references to the UHSAA from this rule to allow the UHSAA to govern athletics and specified athletic eligibility in the high schools consistent with its own policies and by-laws.

Summary of the rule or change:

The amendment removes all references to the UHSAA.

State statutory or constitutional authorization for this rule:

Sections 53A-2-207 through 53A-2-213

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to the state budget. The amendment removes references to the UHSAA thereby removing any conflicts that may have existed between the State Board of Education rule and UHSAA rules and by-laws but does not involve any funding.

local governments:

There are no anticipated cost or savings to local government. The amendment removes references to the UHSAA thereby removing any conflicts that may have existed between the State Board of Education rule and UHSAA rules and by-laws but does not involve any funding.

other persons:

There are no anticipated cost or savings to other persons. The amendment removes references to the UHSAA thereby removing any conflicts that may have existed between the State Board of Education rule and UHSAA rules and by-laws but does not involve any funding.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The amendment simply removes references to the UHSAA and does not require any compliance requirements.

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:

05/16/2005

This rule may become effective on:

05/17/2005

Authorized by:

Carol Lear, Coordinator School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-437. Student Enrollment Options.

R277-437-1. Definitions.

A. "Available school or program" means a school or program currently designated under this rule by a district as open to nonresident students.

B. "Average daily membership threshold" means 90% of the maximum capacity of a school.

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

[C]D. "Core class" means a class specifically required as part of the Core Curriculum established by the Board under R277-700-11.

[D]E. "District of residence" means a student's school district of residence under Section 53A-2-201.

[E]F. "Instructional station" means a classroom, laboratory, shop, study hall, or physical education facility to which a local board of education has assigned a class, teacher or program during a given class period. For example, if two P.E. classes were assigned to meet in the gymnasium simultaneously, the gymnasium would represent two instructional stations.

[F]G. "Nonresident district" means a school district other than the district of residence of the student in question.

[G]H. "Nonresident student" means a student attending or seeking to attend a school other than the school of residence.

[H]I. "Projected average daily membership" means the current year enrollment of a school as of October 1, adjusted for projected growth for the coming school year.

[I]J. "Residual per student expenditure" means the expenditure based on the most recent State Superintendent's Annual Report according to the following formula:

(1) Take total expenditures before interfund transfer for:

(a) maintenance and operation;

(b) tort liability; and

(c) capital projects.

(2) Subtract from the sum of (1), above:

(a) resident district's taxes collected under the Minimum School Program;

(b) state revenue;

(c) federal revenue; and

(d) expenditures for site acquisition or new facility construction (new facility construction includes remodeling that increases building square footage or other major remodeling, if approved by the USOE Director of Finance).

(3) Divide the remainder of (1) and (2) above by the total student membership of the district as reported in the most recent State Superintendent's Annual Report.

[J]K. "School capacity" or "maximum capacity" means the total number of students who could be served in a given school building if each of the building's instructional stations were to serve at least the following number of students:

(1) kindergarten: 10 students per room, per session -- typically two one-half day sessions per day;

(2) grades one through three: 15 students per room;

(3) grades four through six: 20 students per room;

(4) junior high and middle school: 20 students per Core class;

(5) junior high/senior high combinations: 20 students per Core class;

(6) senior high: 20 students per Core class;

(7) instructional station capacity for laboratories, physical education facilities, shops, study halls, self-contained special education classrooms, facilities jointly financed by school districts and another community agency for joint use and similar rooms must be calculated individually. Capacity for self-contained special education classrooms shall be based upon students per class as defined by Board and federal special education standards. (The above standards are based upon the UTAH STATE PUBLIC EDUCATION STRATEGIC PLAN, January 1992, page 19; and Section 53A-17a-124.5)

[K]L. "School of residence" means the school which a student would normally attend in the student's district of residence.

[L]M. "Serious infraction of the law or school rules" means any behavior which could, under rules of the nonresident district in which enrollment is sought, subject a student to suspension for more than ten days or expulsion.[

M. "UHSAA" means the Utah High School Activities Association.]

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

R277-437-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which places general control and supervision of the public school system under the Board, by 53A-1-402(1)(b) which directs the [Utah State ]Board [of Education ]to establish rules and minimum standards for access to programs and by 53A-2-207 through 213 which directs the Board to develop rules for student enrollment options.

B. The purpose of this rule is to provide: definitions relating to school choice; standards for transferring students; rules for participation in interscholastic competition; a form for students to use when applying for open enrollment; and an explanation for use of the form, "Application for Student to Attend School in Nonresident School or District," in seeking permission for a student to attend school in a school other than the school of residence.

R277-437-3. Local School Board and District Responsibilities.

A. Prior to November 30 of each school year a local board shall announce policies describing procedures for students to follow in applying to attend schools other than their respective schools of residence, and designate which schools and programs will be available for open enrollment during the coming school year.

(1) A local board shall designate each school which has a projected daily membership below the average daily membership threshold as available for open enrollment, and may designate schools as available even though projected daily membership exceeds threshold levels.

(2) If construction, remodeling, or other circumstances beyond the control of the local board do not reasonably permit the local board to make sufficiently accurate enrollment projections for a given school to determine whether the school should be designated as available for open enrollment for the coming year, the local board shall permit submission of enrollment applications for that school during the application period and notify applicants that approval will be delayed until additional information is available.

(3) Whether applications are received for schools designated as open, or for schools for which the local board was unable to make a designation, the local board must give applicants written notification of acceptance or rejection of their applications by March 1 (for new nonresident students) or March 15 (for current nonresident students).

B. As required under Subsection 53A-2-210(2), a resident district shall pay to a nonresident district one-half of the resident district's residual per student expenditure for each resident student properly registered in the nonresident district.

C. A district shall allow an enrolled nonresident student to remain enrolled in the district, subject to the conditions noted under Subsections 53A-2-207(6) and (7), provided:

(1) if a nonresident student is to be excluded from continued enrollment in a school because current or projected resident student enrollment meets or exceeds maximum school capacities, and there is another school which the student could attend within the district which has not reached maximum enrollment, the nonresident student shall be given the opportunity to enroll in that school.

(2) nonresident students who must be relocated under Subsection (1) due to increased enrollment of resident students, and siblings of nonresident students who are currently attending a school within the district, shall have priority in enrollment over other nonresident students who are seeking enrollment in the district for the first time.

(3) a school district may designate the schools which students shall attend as they move from elementary school to middle school to high school. Attendance at a specific elementary, junior high or middle school does not guarantee attendance at a specific junior high or high school.

D. Each local board shall establish a procedure to consider appeals of any denial of initial or continued enrollment of a nonresident student under Subsection 53A-2-209(1).

E. A local board of education may limit open enrollment options when they negatively affect the capacity, programs, class size, grade levels or school buildings of the resident or the receiving school.

[R277-437-4. Student Participation in Interscholastic Competition.

A. A student in the ninth grade or above who transfers between schools shall be ineligible for varsity level interscholastic competition for one year after the first day of attendance following completion of transfer to the new school unless:

(1) The transfer results from a change of residence as defined under Section 53A-2-201;

(2) The transfer results from promotion to a grade not offered in the student's previous school, provided the receiving school is the one designated by the district to receive transfer students from the previous school;

(3) The student is required to transfer by the local board of education;

(4) The transfer occurs under a special group "block" permit established by one or more districts; or

(5) The UHSAA Transfer Committee grants an exception based upon exceptional circumstances and undue hardship.

B. A student's transfer between schools shall not extend eligibility for interscholastic competition beyond the eight consecutive semesters allowed under UHSAA by-laws.

C. If a student is transferred pursuant to a judicial order, the student shall immediately become eligible for interscholastic competition in the court-designated resident district for a period not to exceed the eight consecutive semesters under UHSAA By-laws.

D. A student is only eligible for interscholastic competition through the school of attendance; i.e., a student may not attend one school for academic classes and participate in interscholastic competition at a different school, except that a local board of education may allow ninth grade students to participate with the high school to which they would normally be assigned upon completion of the ninth grade.

]R277-437-[5]4. Transportation.

A school district may transport its students to schools in other districts under Subsection 53A-2-210(3)(b)(i).

KEY: public education, enrollment options[*]

[January 5, 1999]2005

Notice of Continuation January 5, 2004

Art X Sec 3

53A-1-401(1)(b)

53A-2-207 through 53A-2-213

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.