Utah Department of Administrative Services Division of Administrative Rules

Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since March 1, 2014, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R277. Education, Administration.

Rule R277-438. Dual Enrollment.

As in effect on March 1, 2014

Table of Contents

R277-438-1. Definitions.

A. "Accredited" means evaluated and approved under the standards of the Northwest Accreditation Commission or the accreditation standards of the Board, available from the USOE Accreditation Specialist.

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

C. "Charter school" means a school acknowledged as a charter school by a local board of education under Section 53A-1a-515 and by R277-470, or by the Board under Section 53A-1a-505.

D. "Dual enrollment student" means a student who is enrolled simultaneously in public school and in a home school, a Utah charter school, a Utah online school, or a regularly established private school.

E. "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.

F. "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.

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

H. "Online school" means a school:

(1) that provides the same number of classes consistent with the requirement of similar resident schools;

(2) that delivers course work via the internet;

(3) that has designated a readily accessible contact person; and

(4) that provides the range of services to public education students required by state and federal law.

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

J. "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.

K. "School participation fee" means the fee paid by the charter/online school to the traditional school consistent with the fee schedule of R277-494-4 for student participation in extracurricular or co-curricular school activities.

L. "Student participation fee" means the fee charged to all participating charter/online and traditional school students by the resident school for designated extracurricular or co-curricular school activities consistent with R277-407.

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

R277-438-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of the public 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 to permit home school, charter and online students and private school students to participate in public school extracurricular or co- curricular 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. A further purpose is to provide procedures and criteria for charter school and online school students to participate in traditional public school activities consistent with R277-494.

R277-438-3. Private and Home School Student Participation in Public School Extracurricular or Co-curricular School 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 or co-curricular 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 co-curricular school day activities at the school within whose boundaries the student's custodial parent(s) or legal guardian resides.

C. Dual enrollment students shall be eligible for extracurricular or co-curricular school activities consistent with eligibility standards for fully enrolled traditional public school students, including providing report cards and citizenship information to activity sponsors and coaches upon request.

R277-438-4. Fees for Private and Home School Students.

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

B. Student participation fees for private, charter, online or home school students shall be waived by the school or school district if students are eligible and parents provide required documentation under Section 53A-12- 103 and R277-407, School Fees. The charter or online schools shall be responsible for payment of waived fees to the resident school district.

R277-438-5. Utah Charter and Utah Online School Student Participation in Extracurricular or Co- curricular School Activities.

A. Utah charter school and Utah online school students shall be eligible to participate in extracurricular and co-curricular school activities at their public schools of residence consistent with Section 53A-1a-519, Section 53A-2-214, and R277-494.

B. Charter schools and online schools may determine if the schools shall allow students to participate in extracurricular or co-curricular school activities at the students' resident schools understanding:

(1) That the charter/online school is responsible for the school participation fees associated with the designated activity consistent with Section R277-494-4;

(2) If the charter/online school allows one student to participate in a given activity, the charter/online school shall allow all interested students to participate;

(3) That the charter/online school is responsible for the school participation fee;

(4) That the student shall be allowed to participate only upon payment of the school participation fee by the school;

(5) That the charter/online school shall cooperate fully with all resident schools regarding students' participation in try-outs, practices, pep rallies, team fund raising efforts, scheduled games and required travel and provision of complete and prompt reports of student academic and citizenship progress or grades, upon request; and

(6) That charter/online students' parents are responsible for the students' transportation to the school with which the student participates; and

(7) That the charter/online school is responsible for any student participation fees required of all student participants in the activity if the participating student is eligible for fee waivers under R277-407.

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 resident school 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) If a student with disabilities who attends a charter or online school desires to participate in dual enrollment, the charter/online school is responsible for accommodations or extra costs to the student's resident school for the student's participation.

(2) 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;

(3) 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.

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

(5) 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

Date of Enactment or Last Substantive Amendment

November 10, 2008

Notice of Continuation

May 4, 2009

Authorizing, Implemented, or Interpreted Law

Art X Sec 3; 53A-1-402(1)(b); 53A-11-102.5


Additional Information

Contact

For questions regarding the content or application of rules under Title R277, please contact the promulgating agency (Education, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.