DAR File No. 27800

Education, Administration

R277-438

Dual Enrollment

NOTICE OF PROPOSED RULE

DAR File No.: 27800
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 reference to the UHSAA from this rule to allow the UHSAA to govern athletics and specified athletic eligibility in the high school 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:

Section 53A-11-102.5

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 additional 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.

R277-438. Dual Enrollment.

R277-438-1. Definitions.

[G]A. "Accredited" means evaluated and approved under the standards of the Northwest Accrediting Association or the accreditation standards of the Board, available from the USOE Accreditation Specialist.

[F]B. "Board" means the Utah State Board of Education.

[I]C. "Dual enrollment student" means a student who is enrolled simultaneously in public school and in a home school or a regularly established private school.

[J]D. "Eligibility" means a student's fitness and availability to participate in school activities governed by this rule. Eligibility is determined by a number of factors including residency (of student and legal guardian), scholarship, age, and number of semesters of participation in a particular activity.

[D]E. "Full-time student" means a student earning the school district designated number(s) and type(s) of credits required for participation in extracurricular or interscholastic activities in the school district in which the student's parent or legal guardian resides.

[C]F. "Home school" means a school comprised of one or more students officially excused from compulsory public school attendance under Section 53A-11-102.

[H]G. "Previous academic grading period" means the most recent period as defined by the school district for which a student received a recorded grade.

[B]H. "Private school" means a school satisfying the following criteria:

(1) maintained by private individuals or corporations;

(2) maintained and operated not at public expense;

(3) generally supported, in part at least, by tuition fees or charges;

(4) operated as a substitute for, and giving the equivalent of, instruction required in public schools;

(5) employing teachers able to provide the same quality of education as public school teachers;

(6) established to operate indefinitely and independently, not dependent upon age of the students available or upon individual family situations; and

(7) licensed as a business by the Utah Department of Business Regulations.

[A]I. "USOE" means the Utah State Office of Education.

[ E. "Utah High School Activities Association (UHSAA)" means the organization designated by the state to administer and supervise interscholastic activities among its member schools according to its constitution and by-laws.

K. "Transfer Committee" means a committee consisting of four principals, one UHSAA staff member, and two UHSAA Board of Trustees members, authorized and functioning under UHSAA by-laws.

]

R277-438-2. 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 Board to establish rules and minimum standards for access to programs and by Section 53A-11-102.5 directing the Board to make rules for transferability of credits toward graduation that are earned in a private or home school and to make rules necessary to permit home school students and private school students to participate in public school activities.

B. The purpose of this rule is to provide consistent statewide procedures and criteria for home school and private school students' participation in public school activities.

R277-438-3. Credit.

A. Utah school districts shall accept credits toward graduation from an accredited regularly established private school.

B. Utah school districts shall provide two or more options to earn credit toward graduation. At least one option shall be provided from among those listed in R277-700-6B(1), and at least one option shall be provided from those listed in R277-700-6B(2).

R277-438-4. Private and Home School Student Participation in Public School Extracurricular Activities.

A. Students exempted from compulsory public school education by the local board for instruction in private or home schools may be eligible for participation in extracurricular public school activities provided they are taking courses comparable to traditional school courses or earning credit under options outlined in R277-700-6 in at least as many of the designated courses as required by the local board of students for participation in that activity.

B. The private or home school student may only participate in extracurricular or school day activities at the school within whose boundaries the student's custodial parent(s) or legal guardian resides.

C. [Any public or regularly established private school student who has not maintained scholastic eligibility shall be ineligible to participate in extracurricular activities as a dual enrollment student consistent with eligibility standards for all students as defined in the Utah High School Activities Association by-laws. The Utah High School Activities Association by-laws are available from the Utah State Office of Education Deputy Superintendent, the Utah High School Activities Association and most school district offices.]Dual enrollment students shall be eligible for extracurricular activities consistent with eligibility standards for fully enrolled students.[

D. Eligibility of transfer students, with the exception of R277-438-4C students, shall be decided consistent with the Utah High School Activities Association Handbook which provides:

(1) If a student's parents move, the student may remain at the high school where the student has established eligibility. Once this decision is made, the student may not at any later date transfer to another school without being considered a transfer student.

(2) The transfer rule does not apply to activities other than athletics.

(3) All transfers from public or private schools shall be considered the same. No distinction shall be made with regard to public or private nature of any school involved with any such transfer.

(4) If a school discontinues the sport or activity in which the student had previously participated while attending that school, eligibility in transferring to a different school which offers that sport or activity shall not be challenged. The student shall meet all other UHSAA eligibility requirements.

(5) In transfers which are specifically mandated by court order of any court having jurisdiction to so order, the eligibility of that student shall not be challenged, provided that the student meets all other UHSAA eligibility requirements.

(6) Dormitory students and Indian Placement Program students are immediately eligible if they are in school the first day of the school year. After the first day, such students are to be considered as transfers.

(7) Foreign students are to be considered as any other transfer student. In assessing the UHSAA by-law requirements, principals shall attempt to determine from appropriate officials if the transfer was motivated by athletic reasons or if any undue influence affected the transfer.

(8) The exception created for guardians is intended to apply only to those situations in which a bona fide guardian has been appointed for the best interests of the student. Should it appear that a guardian has been appointed or established for the purpose of avoiding the transfer rule, the school administration, consistent with UHSAA by-laws, may ignore the guardianship and examine the transfer as if no guardian existed.

(9) When a given sport or activity is not available at a student's high school of eligibility, the student may become eligible for that specific sport or activity at another member high school. In order to activate that eligibility, the student shall:

(a) transfer and gain full time status at the new school; and

(b) secure written approval of both principals.

After the conclusion of that sport season, the student may not remain at the new school without loss of eligibility in sports that are offered at the original school for up to one year as stipulated in the UHSAA by-laws. Upon re-enrolling at the original school of eligibility, the student is immediately eligible for other sports within that school. All other eligibility rules apply.

(10) If a principal determines a transfer was sought for impermissible reasons, the principal may limit the student's athletic participation to sub-varsity levels.

(11) Initial eligibility is established when a student enters high school for the fist time regardless of whether or not that entrance is in Utah or out of state.

E. Eligibility shall be established in the previous academic grading period, as defined by the school within whose boundaries the student lives.]

R277-438-5. Fees.

A. Private and home school students are responsible for school fees in the same manner as full-time public school students.

B. School fees for private or home school students shall be waived by the school or school district if required under Section 53A-12-103 and R277-407, School Fees.

R277-438-6. Miscellaneous Issues.

A. A student attending activities or a portion of the school day under the provisions of Section 53A-11-102.5 shall be subject to the same behavior and discipline rights and requirements of a full-time student.

B. A student who attends an activity or a portion of the school day shall be subject to administrative scheduling and teacher discretion of the traditional school.

C. A student with disabilities may participate as a dual enrollment student consistent with Utah law, this rule and Code of Federal Regulations (CFR) Vol. 64, No. 48, Section 300.450 through 300.455.

(1) The student shall have a services plan in place prior to participation in dual enrollment using comparable procedures to those required for identifying and evaluating public school students;

(2) Students with disabilities seeking dual enrollment shall be entitled to services only in the same proportional amount that the number of private school students residing in the district is to the total number of students with disabilities in the district.

(3) Decisions about the scheduling and manner of services provided shall be the responsibility of school and district personnel.

(4) Schools and districts are not prohibited from providing services to students who are not enrolled full time in excess of those required by R277-438-6.

KEY: public education, dual enrollment[*]

[September 1, 2000]2005

Notice of Continuation June 1, 2004

Art X Sec 3

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

53A-11-102.5

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.