DAR File No. 32146

Education, Administration

R277-911

Secondary Career and Technical Education

NOTICE OF PROPOSED RULE

DAR File No.: 32146
Filed: 11/14/2008, 03:47
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide emphasis on articulated Career and Technical Education (CTE) career pathways from public education to higher education and disbursement of state funds to include that emphasis.

Summary of the rule or change:

The amendments include changes to terminology, changes to definitions, and specific new language regarding disbursement of funds.

State statutory or constitutional authorization for this rule:

Section 53A-15-202

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Although the funding formula has changed, there is no financial impact to administer the program and distribute funds at the state level.

local governments:

Because the funding formula has changed with a greater emphasis on CTE career pathways, school districts and charter schools must offer specific programs to receive funding. Some school districts and charter schools may receive more funding where others may receive less funding depending upon the programs offered. The changes in funding are too speculative to determine at this time.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses AND persons other than businesses. Career and Technical Education is a public school program and does not affect small businesses.

Compliance costs for affected persons:

There are no compliance costs for affected persons. School districts and charter schools offering programs consistent with the requirements of the rule will receive funding.

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:

12/31/2008

This rule may become effective on:

01/07/2009

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-911. Secondary Career and Technical Education.

R277-911-1. Definitions.

A. "Aggregate membership" means the sum of all days in membership during a school year for the student, program, school, LEA, or state.

B. "Approved program" means a program approved by the Board that meets or exceeds the state program standards or outcomes for career and technical education programs.

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

D. "Bureau of Apprenticeship and Training" means a branch office for apprenticeship administered by the United States Department of Labor and located in Salt Lake City.

E. "Career and technical education (CTE)" means organized educational programs which directly or indirectly prepare individuals for employment, or for additional preparation leading to employment, in occupations where entry requirements generally do not require a baccalaureate or advanced degree. These programs provide all students an undisrupted education system, driven by a student education occupation plan (SEOP), through competency-based instruction, culminating in essential life skills, certified occupational skills, and meaningful employment. [Occupational categories]Areas of study include agriculture; business; family and consumer sciences; health science and technology; information technology; marketing; [trade and technical education]skilled and technical sciences; and technology and engineering education.

F. "CTE pathway" means a planned CTE/academic continuum of courses within a CTE field beginning in the ninth grade and continuing with post secondary training which culminates in an associate degree, apprenticeship, certificate of completion, or baccalaureate degree.

[F]G. "CIP code" means the Classification of Instructional Programs, a federal curriculum listing.

[G]H. "Comprehensive counseling and guidance program" means the organization of resources to meet the priority needs of students through four delivery system components as outlined in R277-462.

[H]I. "Course" means an individual [career and technical education]CTE class structured by state-approved standards and CIP code. An approved course may require one or two periods for up to one year. Courses may be completed by demonstrated competencies or by course completion.

[I]J. "Entry-level" means a set of tasks identified and validated by workers and employers in an occupation as those of a beginner in the field. Entry-level skills are a limited subset of the total set of tasks performed by an experienced worker in the occupation. Competent performance of entry-level tasks enhances employability and initial productivity.

[J]K. "Extended year program" means [career and technical education]CTE programs no longer than 12 weeks in duration, offered during the summer recess, and supported by extended-year or other [career and technical education]CTE funds.

[K]L. "Program" means a combination of [career and technical education]CTE courses that provides the competencies for specific job placement or continued related training and is outlined in the SEOP using all available and appropriate high school courses.

[L]M. "Program completion" means the student completion of a sequence of approved courses, work-based learning experiences, and/or other prescribed learning experiences as determined by the student education occupation plan (SEOP).

[M]N. "Regional consortium" means the school districts, applied technology colleges, colleges and universities within the regions that approve [career and technical education]CTE programs.

[N]O. "Registered apprenticeship" means a training program that includes on-the-job training in a specific occupation combined with related classroom training and has approval of the Bureau of Apprenticeship and Training.

[O]P. "Related training" means a course or program directly related to an occupation that is compatible with apprenticeship training and is taught in a classroom and approved by the Bureau of Apprenticeship and Training.

[P]Q. "Scope and sequence" means the organization of all [career and technical education]CTE courses and related academic courses into programs within the high school curriculum that lead to specific skill certification, job placement, continued education or training.

[Q]R. "SEOP" means student education occupation plan. An SEOP shall include:

(1) a student's education occupation plans (grades 7-12) including job placement when appropriate;

(2) all Board, local board and local charter board graduation requirements;

(3) evidence of parent, student, and school representative involvement annually;

(4) attainment of approved workplace skill competencies; and

(5) identification of post secondary goals and approved sequence of courses.

[R]S. "Skill certification" means a verification of competent task performance. Verification of the skills standard is provided by an approved state or national program certification process.

[S. "Tech prep" means a planned career and technical education/academic continuum of courses within a career and technical education field beginning in the 9th grade and continuing with post secondary training which culminates in an associate degree, apprenticeship, certificate of completion, or baccalaureate degree.

]T. "USOE" means the Utah State Office of Education.

U. "WPU" means weighted pupil unit. The basic unit used to calculate the amount of state funds for which a school district is eligible.

V. "Work-based learning" means a program in which a student is trained by employment or other activity at a work site, either at place of business, a home, or a farm, supplemented by needed classroom instruction or teacher assistance.

 

R277-911-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of the public education system in the Board, by Section 53A-15-202 which allows the Board to establish minimum standards for [career and technical education]CTE programs in the public education system, and Sections 53A-17a-113 and 114 which direct the Board to distribute specific amounts and percentages for specific [career and technical education]CTE programs and facilitate administration of various programs.

B. This rule establishes standards and procedures for school districts seeking to qualify for funds administered by the Board for [career and technical education]CTE programs in the public education system.

 

R277-911-3. [Career and Technical Education]CTE Program Approval.

A. Program Planning: [career and technical education]CTE programs are based on verified training needs of the area and provide students with the competencies necessary for occupational opportunities. Programs are supported by a data base, including:

(1) local, regional, state, and federal manpower projections;

(2) student occupational/interest surveys;

(3) regional job profile;

(4) advisory committee information; and

(5) follow-up evaluation and reports.

B. Program Administration: School district [career and technical education]CTE directors shall meet the requirements specified in Subsections 9(A), (B) and (C).

C. Learning Resources: Within available resources, instructional materials, including textbooks, reference materials, and media, shall reflect current technology, processes, and information for the [career and technical education]CTE programs.

D. Student Services provided by school districts or consortia of school districts:

(1) [Career and technical education]CTE guidance, counseling, and Board approved testing shall be provided for students enrolled in [career and technical education]CTE programs.

(2) A written plan for placement services shall be developed with the assistance of local advisory committees, business and industry and the Department of Workforce Services.

(3) An SEOP shall be developed for all students. The plan shall include:

(a) a student's education occupation plans (grades 7-12), including job placement when appropriate;

(b) all Board, local board and local charter board graduation requirements;

(c) evidence of parent, student, and school representative involvement annually;

(d) attainment of approved workplace skill competencies;

(e) identification of a [career and technical education]CTE post-secondary goal and an approved sequence of academic and [career and technical education]CTE courses.

E. Instruction: Curricula and instruction shall be directly related to business and industry validated competencies. Successful completion of competencies shall be verified by a valid skill certification process. Instruction in proper and safe use of any equipment required for skill certification shall be provided within the approved program.

F. Equipment and Facilities: Equipment and facilities, consistent with the validated competencies identified in the instruction standard, shall be provided and maintained safely, consistent with applicable state and federal laws.

G. Instructional Staff: Counselors and instructional staff shall hold valid Utah teaching licenses with endorsements appropriate for the programs they teach. These may be obtained through an institutional recommendation or through occupational and educational experience verified by the USOE licensure process. [Career and technical education]CTE program instructors shall keep technical and professional skills current through business/industry involvements in order to ensure that students are provided accurate state-of-the-art information.

H. Equal Educational Opportunity: [Career and technical education]CTE programs shall be conducted consistent with the Board policies and state and federal laws and regulations on access that prohibit discrimination on the basis of race, creed, color, national origin, religion, age, sex, and disability.

I.(1) [Career and technical education]CTE advisory council: An active advisory council shall be established to review all [career and technical education]CTE programs annually. The council may serve several school districts or a region. The council reviews the program offerings, quality of programs, and equipment needs.

(2) Program advisory committee: Each state-funded approved [occupational career and technical education]CTE program shall be supported at the school district/regional level by a program advisory committee made up of individuals who are working in the occupational area. Basic exploratory programs shall have an advisory committee.

J. [Career and technical education]CTE student leadership organizations: School districts are encouraged to make this training available through nationally-chartered [career and technical education]CTE student leadership organizations in each [program ]area of study.

K. Program and instruction evaluation: Each school district, with oversight by local program advisory committee members, shall make an annual evaluation of its [career and technical education]CTE programs.

 

R277-911-4. Disbursement and Expenditure of [Career and Technical Education]CTE Funds--General Standards.

A. To be eligible for state [career and technical education]CTE program funds, a school district shall first expend for [career and technical education]CTE programs an amount equivalent to the regular WPU for students in approved [career and technical education]CTE programs, grades nine through twelve, based on prior year aggregate membership, times the current year WPU value, less an amount for indirect costs as computed by the USOE.

B. State [career and technical education]CTE program funds may thereafter be expended only for approved [career and technical education]CTE programs.

 

R277-911-5. Disbursement of Funds--Added Cost Funds.

A. Weighted pupil units shall be allocated for the added instructional costs of approved [career and technical education]CTE programs operated or contracted by school districts. Programs and courses provided through applied technology colleges, and higher education institutions do not qualify for added cost funds except for specific contractual arrangements approved by the Board.

B. Computerized or manually produced records for [career and technical education]CTE programs shall be kept by teacher, class, and Classification of Instructional Program (CIP) code. These records shall show clearly and accurately the entry and exit date of each student and whether a student has been absent from a [career and technical education]CTE class ten consecutive days.

C. Added cost funds shall not be generated:

(1) during bus travel;

(2) until the student starts attending the approved [career and technical education]CTE course;

(3) when the student has been absent, without excuse, for the previous 10 days.

D. All approved [career and technical education]CTE programs shall receive funds determined by prior year hours of membership for approved programs.

E. Allocations are computed using grades nine through twelve aggregate membership in approved programs for the previous year with a growth factor applied to school districts experiencing growth of one percent or greater in grades nine through twelve except as provided by R277-462 and R277-916.

F. Added cost funds shall be used to cover the added [career and technical education]CTE program instructional costs of school district programs.

 

R277-911-6. Disbursement of Funds--Equipment Set Aside Funds.

A. Equipment set aside funds shall pay for [career and technical education]CTE program equipment needs.

B. Each school district is eligible for a minimum amount of equipment set aside funds.

C. Applicants for funds may submit proposals as individual school districts or as regional groups. All proposals shall show evidence of coordination within a service delivery area. A regional group shall include recommended priorities for funding in its proposal.

 

R277-911-7. Disbursement of Funds--Skill Certification.

A. School districts that demonstrate approved student skill certification may receive additional compensation.

B. To be eligible for skill certification compensation, a school district shall show its student completer has demonstrated mastery of standards, as established by the Board. An authorized test administrator shall verify student mastery of the skill standards.

C. Skill certification compensation shall be available only if an approved skill certification assessment is developed for the program.

 

R277-911-8. Disbursement of Funds--[Career and Technical Education]CTE Leadership Organization Funds.

A. Participating school districts sponsoring [career and technical education]CTE leadership organizations shall be eligible for a portion of the funds set aside for this purpose.

B. Qualifying [career and technical education]CTE leadership organizations shall be nationally chartered and include: SkillsUSA (an association of Skilled and Technical Sciences Education students)[/VICA (Vocational Industrial Clubs of America)], DECA (Distributive Education Clubs of America), FFA (Future Farmers of America), HOSA (Health Occupations Students of America), FBLA (Future Business Leaders of America), FCCLA (Family, Career and Community Leaders of America), and [ITEA/]TSA ([International Technology Education Association/]Technology Students Association).

C. Up to one percent of the state [career and technical education]CTE appropriation for school districts shall be allocated to eligible school districts based on documented prior year student membership in approved [career and technical education]CTE leadership organizations.

D. A portion of funds allocated to a school district for [career and technical education]CTE leadership organizations shall be used to pay the school district's portion of statewide administrative and national competition costs. The remaining amount shall be available for school district [career and technical education]CTE leadership organization expenses.

 

R277-911-9. Disbursement of Funds--School District/Charter School WPUs.

A. WPUs for costs of administration of CTE programs shall be allocated as follows:

(1) Twenty (20) WPUs shall be allocated to each school district[ or charter school] for costs associated with the administration of [career and technical education]CTE. To qualify, school districts shall employ a minimum one-half time CTE director.

(2) To encourage multidistrict [career and technical education]CTE administrative services, 25 WPUs [may]shall be allocated to each school district[ or charter school] that consolidates [career and technical education]CTE administrative services with one or more other school district[/charter school]. To qualify, the participating school districts must employ a full-time CTE director.

(3) Twenty-five (25) WPUs shall be allocated to a single charter school acting as fiscal agent, to provide CTE administrative services to all charter schools offering CTE pathways, grades 9-12. If more than ten (10) charter schools offer CTE pathways an additional five (5) WPUs shall be allocated for each additional charter school over ten (10). To qualify, the charter school acting as fiscal agent must employ a full-time CTE director.

(4) Ten (10) WPUs shall be allocated to a small school district consisting of only necessarily existent small high school(s), and where multi-district CTE administration is not feasible To qualify, a small school district shall assign a CTE director to a minimum of part-time CTE administration.

B. To qualify for 10, 20 or 25 CTE administrative WPUs [per school district, the school district career and technical education]as provided under R277-911-9A, a CTE director shall:

(1) hold or be in the process of completing requirements for a current Utah Administrative/Supervisory License specified in R277-505; and

(2)(a) have an endorsement in at least one career and technical area listed in R277-518, [Vocational-Technical Certificates]Career and Technical Education Licenses, and have four years of experience as a full-time career and technical educator; or

(b) complete a prescribed [in-service]professional development program provided by the USOE within a period of two years following [local ]board appointment as a school district/charter school [career and technical education]CTE director.

[B. To qualify for 25 WPUs for consolidated, multi-district administration, the participating school districts shall employ a full-time multi-district or charter school career and technical education director.

]C. In addition to WPUs appropriated [to school districts qualifying according to the above criteria]under R277-911-9A, each approved high school [may qualify]qualifies for funding according to the following criteria:

(1) Ten (10) WPUs are allocated to each high school that:

(a) conducts approved programs in a minimum of two [career and technical education]CTE areas e.g. agriculture; business; family and consumer sciences; health science and technology; information technology; marketing; [trade and technical education]skilled and technical sciences; and technology and engineering education[.];

(b) conducts a minimum of six different state-approved CIP coded courses including at least one CTE pathway. Consolidated courses in small schools may count as more than one course as approved by the appropriate state [career and technical education]CTE specialist(s);

(c) has at least one approved career and technical student leadership organization.

(2) Fifteen (15) WPUs shall be allocated to each high school that:

(a) conducts approved programs in a minimum of three [career and technical education]CTE areas;

(b) conducts a minimum of nine different state-approved CIP coded courses including at least one CTE pathway. Consolidated courses in small schools may count as more than one course as approved by the appropriate state [career and technical education]CTE specialist(s);

(c) has at least one approved [career and technical education]CTE student leadership organization[;].

(3) Twenty (20) WPUs shall be allocated to each high school that:

(a) conducts approved programs in a minimum of four [career and technical education]CTE areas[,];

(b) conducts a minimum of twelve different state-approved CIP coded courses including at least two CTE pathways. Consolidated courses in small schools may count more than one course as approved by the appropriate state [career and technical education]CTE specialist(s)[,];

(c) has at least two approved [career and technical education]CTE student leadership organizations[;].

(4) Twenty-five (25) WPUs shall be allocated to each high school that:

(a) conducts approved programs in a minimum of five [career and technical education]CTE areas[,];

(b) conducts a minimum of fifteen different state-approved CIP coded courses including at least two CTE pathways. Consolidated courses in small schools may count more than one course as approved by the appropriate state [career and technical education]CTE specialist(s)[,];

(c) has at least three approved [career and technical education]CTE student leadership organizations.

D. Also, a maximum of one approved alternative high school, as outlined in R277-730, per school district may qualify. School districts sharing an alternative school [share ]shall receive a prorated share.

E. Programs and courses provided through school district technical centers shall not receive funding under this section.

 

R277-911-10. Disbursement of Funds--School District Technical Centers.

A. A maximum of forty WPUs may be computed for each school district operating an approved school district center. To qualify under the approved school district technical center provision, the school district shall:

(1) provide at least one facility other than an existing high school as a designated school district technical center;

(2) employ a full-time [career and technical education]CTE administrator for the center;

(3) enroll a minimum of 400 students in the school district technical center;

(4) prevent unwarranted duplication by the school district technical center of courses offered in existing high schools, applied technology colleges and higher education institutions;

(5) centralize high-cost programs in the school district technical center;

(6) conduct approved programs in a minimum of five [career and technical education]CTE areas;

(7) conduct a minimum of fifteen different state-approved CIP coded courses.

 

R277-911-11. Disbursement of Funds--Summer [Career and Technical Education]CTE Agriculture Programs.

A. To receive state summer [career and technical education]CTE agriculture program funds, a school district shall submit to the USOE, an application for approval of the school district's program. Applications shall be received prior to the annual due date specified each year. Notification of approval of the school district's program shall be made within ten calendar days of receiving the application.

B. A teacher of a summer [career and technical education]CTE agriculture program shall:

(1) hold a valid Utah teaching license, with an endorsement in agriculture, as outlined in R277-911-3G;

(2) develop a calendar of activities which shall be approved by school district administration and reviewed by the state specialist for [career and technical education]CTE agricultural education;

(3) work a minimum of eight hours a day in the summer [career and technical education]CTE agriculture program. Exceptions shall be reflected in the calendar of activities and be approved by the school district administration;

(4) not engage in other employment, including self-employment, which conflicts with the teacher's performance in the summer [career and technical education]CTE agriculture program;

(5) develop and file a weekly schedule and a monthly report outlining accomplishments related to the calendar of activities with the school principal, school district [career and technical education]CTE director, and the state specialist for agricultural education; and

(6) visit the participating students a minimum of two times during the summer program with a minimum average of four on-site visits to students.

C. College interns may be approved to conduct summer [career and technical education]CTE agriculture programs upon approval by the state specialist for [career and technical education]CTE agricultural education.

D. Students enrolled in the summer [career and technical education]CTE agriculture program shall:

(1) have on file in the teacher's and school district office a student education occupation plan (SEOP) goal related to agriculture;

(2) in conjunction with the student's parent or employer and the teacher, develop an individual plan of activities, including a supervised occupational experience program;

(3) have completed the eighth grade; and

(4) have not have graduated from high school.

E. The USOE [career and technical education]CTE agricultural education specialist shall collect data from the program and staff of each school district to ensure compliance with approved standards. A final program report, on forms provided by the USOE, shall be submitted to the USOE on the annual due date specified.

F. Summer [career and technical education]CTE agricultural funding shall be allocated to each school district conducting an approved program for a minimum of 35 students lasting nine weeks. A school district may receive funding for no more than nine weeks or 35 students.

G. School districts operating programs with fewer than 35 students per teacher or for fewer than nine weeks shall receive a prorated share of the summer [career and technical education]CTE agricultural allocation.

 

R277-911-12. Disbursement of Funds - Comprehensive Counseling and Guidance; [Technology, Life, and Careers]CTE Introduction, and Work-Based Learning Programs.

A. The board shall distribute funds to school districts consistent with Section 53A-17a-113(2)(3)(4) and (6).

B. School districts shall spend funds distributed for comprehensive guidance consistent with Section 53A-1a-106(2)(b) and R277-462 which explain the purpose and criteria for student education plans (SEP) and student education occupation plans (SEOP).

C. School districts may spend funds allocated under this section to fund work-based learning programs consistent with Section 53A-17a-113(1)(c), other criteria of the Section, R277-915 and R277-916.

D. School districts may spend funds allocated under this section to fund [technology, life, and careers]CTE Introduction programs consistent with Section 53A-17a-113 and R277-916.

 

KEY: [technical education, ]career and technical education

Date of Enactment or Last Substantive Amendment: [December 11, 2006]2009

Notice of Continuation: September 6, 2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-15-202; 53A-17a-113 through 115