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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 (see 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 December 1, 2016, please see the codification segue page.

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R277. Education, Administration.

Rule R277-488. Critical Languages Program.

As in effect on December 1, 2016

Table of Contents

R277-488-1. Definitions.

A. "ACTFL OPI" means the American Council of Teachers of Foreign Language Oral Proficiency Interview which is an oral test, offered at most Utah colleges and universities.

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

C. "Credentialed international teacher" means a teacher sponsored under a separate Memoranda of Understanding between the USOE and China, Spain, Mexico, France or Taiwan. The Memoranda of Understanding are hereby incorporated by reference. Sponsored teachers shall satisfy all conditions of the Memoranda of Understanding prior to working with Utah students.

D. "Critical languages" means those languages described under Section 53A-15-104(1).

E. "Critical Languages Program" means the program described under Section 53A-15-104.

F. "Dual language immersion" means a distinctive dual language education program in which native English speakers and active speakers of another language are integrated for academic content.

G. Dual language immersion instructional models are:

(1) "One-way" immersion is a program in which a student population consists of English language speakers with limited to no proficiency in the foreign immersion language. In such a model, less than 30 percent of the students have a native language other than English.

(2) "Two-way" immersion is a program in which a student population consists of a majority of English language speakers and a minority of language speakers other than English with dominance in their first language and home language support for this language. A 1:1 ratio is ideally maintained for these two language groups, but a minimum of one-third of each language group (such as 2:1 ratio) is required.

H. "Secondary school" means grades 7-12 in whatever schools the grade levels exist.

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

R277-488-2. 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-15-104 which directs the State Superintendent of Public Instruction and the Board to track, monitor, and may expand the Critical Languages Program and dual immersion programs subject to student interest and available funding, 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 distributing funds to secondary schools participating in the Critical Languages Program and funds to elementary schools participating in the Dual Language Program. The intent of this appropriation is to increase the number of students who reach proficiency in a critical language as well as build overall foreign language capacity in the state of Utah and to increase the number of biliterate and bilingual students.

R277-488-3. Critical Language Program Requirements.

A. A secondary school that desires to offer critical languages (traditional instruction or visiting guest teacher program) shall submit an application, provided by the USOE and available each April 1 to the USOE no later than May 1.

B. The application shall designate:

(1) the name of the school district or charter school;

(2) a plan and procedure to notify students and parents of the names of the critical language(s) that will support the dual language immersion continuation into secondary schools consistent with Section 53A-15-104(1);

(3) requirements for the visiting guest teacher exchange program:

(a) programs shall operate under a Memorandum of Understanding between the USOE and the country providing qualified guest teachers;

(b) international teacher expenses shall be paid as provided by the designated Memorandum of Understanding;

(c) all other conditions provided by individual Memoranda of Understanding shall be satisfied.

C. Schools applying for either the traditional instruction or the visiting guest teacher program shall use materials identified and recommended by the USOE including texts and consumables, purchased with funds appropriated by the Legislature.

R277-488-4. Dual Language Immersion Program Requirements.

A. The program shall provide funds July 1 of each fiscal year the Legislature continues to provide funding for the program. The Dual Language Immersion programs shall support the following foreign languages:

(1) Chinese;

(2) French;

(3) Portuguese; and

(4) Spanish.

B. An elementary school that desires to participate in the Dual Language Immersion Program shall submit an application, provided by the USOE and available annually by April 14 to the USOE by May 14.

C. The application shall provide for an immersion model that uses 50 percent of instruction in English and 50 percent of instruction in another language including:

(1) an identified, instructional model (one-way or two-way), and language choice (Chinese, French, Portuguese or Spanish);

(2) beginning the instructional model in kindergarten, grade 1 or both, and adding an additional grade each year; and

(3) a plan and procedure in place to notify students and parents of the availability of at least one dual language immersion course identified in Section 53A-15-104(1).

D. Priority in funding shall be given to schools in school districts or charter schools that do not currently teach the requested language choice; and

(a) demonstrate adequate local funding and infrastructure to begin a program or expand existing programs;

(b) demonstrate community interest and students committed and prepared to participate in a new or expanded program, including prepared instructors for the program;

(c) have adequate interest, resources, and infrastructure, but do not presently have a program under R277-488;

(d) have a demonstrated community need for improved or expanded foreign language instruction in a specific school or community; and

(e) allow language programs to include all languages identified in Section 53A-15-105.

E. Schools shall hire qualified language teachers who:

(1) have a world language endorsement in the language of instruction (Chinese, French, Portuguese or Spanish for a one-way dual language immersion program and a Dual Language Immersion endorsement in the language of instruction (Chinese, French, Portuguese or Spanish for both a one-way and two-way dual language immersion program;

(2) are Utah licensed elementary or secondary educators; and

(3) have completed a criminal background check, including review of identified offenses by the USOE.

R277-488-5. USOE Responsibilities and Funds.

A. Applications for the expanded Critical Languages Program and Dual Immersion Program shall be provided by the USOE.

B. Secondary and elementary schools shall be selected for funding for both programs based on an evaluation of applications by a USOE-designated committee which shall include statewide experts.

C. Awards shall be made to individual schools and funds allocated to school districts and charter schools to be fully distributed to designated schools.

D. Each secondary school selected for funding shall receive a base allocation per critical language offered at the school, designated in Section 53A-15-104(6)(a).

E. Each elementary school selected for funding shall receive a base allocation per dual language immersion offered at the elementary school, designated in Section 53A-15-104(6)(a).

F. New schools eligible for funding shall be notified by the USOE by June 1 annually and shall receive funds in the subsequent fiscal year.

R277-488-6. Evaluation and Reports.

A. Each school selected for funding shall be required to submit an annual evaluation report to the USOE consistent with Section 53A-15-104.

B. The USOE may request additional data from secondary or elementary schools that receive funding.


critical languages, dual language immersion

Date of Enactment or Last Substantive Amendment

August 8, 2012

Notice of Continuation

June 15, 2012

Authorizing, Implemented, or Interpreted Law

Art X Sec 3; 53A-15-104; 53A-1-401(3)

Additional Information


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.