DAR File No. 29933

Education, Administration

R277-489

Optional Extended-Day Kindergarten - Responsibilities, Timelines, and Funding

NOTICE OF PROPOSED RULE

DAR File No.: 29933
Filed: 05/14/2007, 12:41
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The 2007 Legislature passed S.B. 49 establishing a program under which school districts and charter schools may provide voluntary extended-day kindergarten and requires the Utah State Board of Education to make rules establishing application and reporting procedures necessary to administer the program. (DAR NOTE: S.B. 49 (2007) is found at Chapter 386, Laws of Utah 2007, and will be effective 07/01/2007.)

Summary of the rule or change:

The new rule provides definitions, provides school district responsibilities, charter school responsibilities, procedures for funding, and procedures for assessment, accountability, and reporting.

State statutory or constitutional authorization for this rule:

Section 53A-1a-802 and Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Specific funds have been appropriated by the 2007 Legislature to provide for this program.

local governments:

There are no anticipated costs or savings to local government. Specific funds have been appropriated by the 2007 Legislature to provide for this program.

other persons:

There are no anticipated costs or savings to other persons. Specific funds have been appropriated by the 2007 Legislature to provide for this program. There will be no charges or fees for individual students.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Specific funds have been appropriated by the 2007 Legislature to provide for this program.

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:

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

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 carol.lear@schools.utah.gov

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:

07/02/2007

This rule may become effective on:

07/09/2007

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-489. Optional Extended-Day Kindergarten - Responsibilities, Timelines, and Funding.

R277-489-1. Definitions.

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

B. "Enrollment" means class enrollment of not more than the student enrollment of other kindergarten classes within the school.

C. "Kindergarten readiness assessment" means an assessment based on research and data that determines a child's readiness to begin kindergarten, as determined by the school district or charter school.

D. "Optional Extended Day Kindergarten" means a program that provides additional instruction to kindergarten age students as either an extension of the half day program or extended time before or after school, on Saturdays or during the summer.

E. "Required instructional hours" means at least the same number of instructional hours, per school year, as first grade consistent with R277-419-1, Pupil Accounting.

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

 

R277-489-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, by Section 53A-1a-802 which directs the Board to make rules establishing application and reporting procedures to administer the optional extended-day kindergarten program, and by Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to establish criteria and procedures for application and reporting procedures to administer the optional extended-day kindergarten program.

 

R277-489-3. School District Responsibilities.

A. School districts intending to participate in the optional extended-day kindergarten program shall submit a letter of intent to the USOE by May 1, 2007 and by application every succeeding year.

B. School districts shall submit applications available from the USOE by July 2, 2007 and by August 10 for each year thereafter providing:

(1) the school(s) within the district that will participate in the optional extended-day program;

(2) the approximate number of classes of optional extended-day kindergarten that will be offered at each school in the district;

(3) the approximate number of Title I schools identified by the school district, and which Title I schools will participate in the optional extended-day kindergarten program;

(4) the approximate number of students in the school district who were eligible to receive free school lunch under USDA regulations in the previous school year; and

(5) all other assurances, information and documentation required by the USOE on the application.

 

R277-489-4. Charter School Responsibilities.

A. Charter schools shall be in, at least, their second year of successful operation to participate in the optional extended-day kindergarten program.

B. Charter schools that intend to participate in the optional extended-day kindergarten program shall submit a letter of intent to the USOE by July 2, 2007 and by August 10 each year thereafter providing:

(1) that the school intends to participate in the optional extended-day kindergarten program;

(2) the approximate number of classes of optional extended-day kindergarten that will be offered at the school;

(3) if the charter school is designated as a Title I school;

(4) the approximate number of students in the school who were eligible to receive free school lunch under USDA regulations in the previous school year; and

(5) all other assurances, information and documentation required by the USOE on the application.

 

R277-489-5. Funding.

A. Optional extended-day kindergarten program funds shall be distributed to charter schools and school districts consistent with Section 53A-1a-803(3) and (4) respectively.

B. The Board shall modify the distribution of funds to provide sufficient funding for each Title I school, including neighborhood and charter schools, to participate in the optional extended-day kindergarten program.

C. Funding modifications for Title I schools shall be made separately for school districts and charter schools.

D. $7,500,000 of the $30,000,000 appropriated for the optional extended-day kindergarten program shall be distributed annually in 2007, 2008, 2009 and 2010 to participating school districts and charter schools, consistent with Section 53A-1a-803.

 

R277-489-6. Assessment, Accountability and Reporting.

A. Both school districts and charter schools shall use a self-selected kindergarten readiness assessment with all kindergarten students.

(1) The days used for assessment shall be consistent with R-277-419-8, Pupil Accounting.

(2) The USOE may provide a model kindergarten assessment from a list of appropriate assessments.

(3) Post assessments shall be completed by school districts and charter schools prior to the ending of the school year and reported to the Board.

(4) Post assessments results for all kindergarten students shall provide evidence of student learning matched to the program's pre-assessment used for program placement.

B. The USOE shall require and school districts and charter schools shall provide annual reports to the USOE consistent with Section 53A-1a-802(4)(a).

C. School districts and charter schools that fail to provide complete, accurate and timely reports shall not receive funding in subsequent years.

 

KEY: kindergarten, extended-day

Date of Enactment or Last Substantive Amendment: 2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1a-802; 53A-1-401(3)