Rule R277-426. Definition of Private and Non-Profit Schools for Federal Program Services.

As in effect on August 1, 2009

Table of Contents

• R277-426-1. Definitions.
• R277-426-2. Authority and Purpose.
• R277-426-3. Qualifications.
• KEY
• Date of Enactment or Last Substantive Amendment
• Notice of Continuation
• Authorizing, Implemented, or Interpreted Law

R277-426-1. Definitions.

"Board" means the Utah State Board of Education.

R277-426-2. Authority and Purpose.

A. This rule is authorized by Article X, Section 3 of the Utah Constitution which vests general control and supervision of public education in the Board, Section 53A-1-402(3), U.C.A. 1953, which allows the Board to administer federal funds and to distribute them to eligible applicants, and Section 53A-1-401(3), U.C.A. 1953, which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to define requirements that private, non-public, and non-profit schools must meet to receive services under federal laws requiring the public education system to serve students in these schools.

R277-426-3. Qualifications.

For the purposes of receiving services under federal programs which permit such:

A. "Private or non-public school" means a school which:

(1) is owned and operated by an individual, a religious institution, a partnership, or a corporation other than the State, a subdivision of the State, or by the Federal government;

(2) is supported primarily by other than public funds;

(3) vests the operation and determination of its program with other than publicly-elected or appointed officials;

(4) teaches the required subjects on each grade level as designated by the Board for the same length of time as students must be taught in the public schools;

(5) is properly licensed if so required by the appropriate governmental jurisdiction;

(6) complies with any state and local ordinances and codes pertaining to the operation of that type facility or institution; and

(7) has enrolled in the school no fewer than ten students eligible for participation in the federal program.

B. "Non-profit school" means a school which:

(1) is not a part of the public school system;

(2) is operated with no intention of making a profit;

(3) possesses a State of Utah Tax Exemption number and a United States Internal Revenue Service Tax Exception number;

(4) teaches the required subjects on each grade level as designated by the Board for the same length of time as students must be taught in the public schools;

(5) is properly licensed if so required by the appropriate governmental jurisdiction;

(6) complies with any state and local ordinances and codes pertaining to the operation of that type facility or institution; and

(7) has enrolled in the school no fewer than ten students eligible for participation in the federal program.

KEY

education finance, private schools

Date of Enactment or Last Substantive Amendment

1987

Notice of Continuation

October 5, 2007

Authorizing, Implemented, or Interpreted Law

Art X Sec 3; 53A-1-402(3); 53A-1-401(3)