Utah Admin. Code R277-419-5 - Student Membership Eligibility and Learner Validated Enrollment Measurements
(1) A student
may enroll in two or more LEAs at the discretion of the LEAs.
(2) A kindergarten student may only enroll in
one LEA at a time.
(3) To generate
membership for funding through the Minimum School Program on any school day, an
LEA shall ensure that a student being counted by the LEA in membership:
(a) has not previously earned a basic high
school diploma or certificate of completion;
(b) has not been enrolled in a YIC program
with a YIC time code other than ISI-1 or ISI-2;
(c) does not have unexcused absences, which
are determined using one of the learner validated enrollment measurements
described in Subsection (4);
(d) is
a resident of Utah as defined under Section
53G-6-302;
(e) is of qualifying school age or is a
retained senior;
(f)
(i) is expected to attend a regular learning
facility operated or recognized by an LEA on each regularly scheduled school d
a y, i f enrolled in an attendance validated program;
(ii) has direct instructional contact with a
licensed educator provided by an LEA at:
(A)
an LEA-sponsored center for tutorial assistance; or
(B) the student's place of residence or
convalescence for at least 120 minutes each week during an expected period of
absence, if physically excused from such a facility for an extended time, due
to:
(I) injury;
(II) illness;
(III) surgery;
(IV) suspension;
(V) pregnancy;
(VI) pending court investigation or action;
or
(VII) an LEA determination that
home instruction is necessary;
(iii) is enrolled in an approved CTE course
on the campus of another state funded institution where such a course is:
(A) not offered at the student's school of
membership;
(B) being used to meet
Board-approved CTE graduation requirements under Subsection
R277-700-6(16);
and
(C) a course consistent with
the student's Plan for College and Career Readiness; or
(iv)is enrolled in a learner validated
program under the direction of an LEA that:
(A) is consistent with the student's Plan for
College and Career Readiness;
(B)
has been approved by the student's counselor; and
(C) includes regular instruction or
facilitation by a designated employee of an LEA.
(4) An LEA shall use one of the
following learner validated enrollment measures:
(a) For a student primarily enrolled in an
attendance validated program, the LEA may not count a student as an eligible
student if the eligible student has unexcused absences during the prior ten
consecutive school days.
(b) For a
student enrolled in a learner validated program, an LEA shall:
(i) adopt a written policy that designates a
learner validated enrollment measurement to document the learner validated
membership or enrollment status for each student enrolled in the learner
validated program consistent with this section;
(ii) document each student's continued
enrollment status in compliance with the learner validated enrollment policy at
least once every ten consecutive school days; and
(iii) appropriately adjust and update student
membership records in the student information system for students that did not
meet the learner validated enrollment measurement, consistent with this
section.
(c) For a
student enrolled in a learner validated program, the LEA may not count a
student as an eligible student if the LEA has not engaged with the student
during the prior ten consecutive school days.
(5) Notwithstanding Subsection (4), an LEA:
(a) shall continue to provide a student with
a disability a free and appropriate public education even when the student has
not attended school or engaged with the LEA during the prior ten consecutive
days;
(b) shall maintain the
student with a disability's enrollment in the LEA; and
(c) may continue to count the student with a
disability in membership for funding purposes up to 30 days if the LEA
documents that the LEA is working to locate and engage with the student with a
disability.
(6) The
learner validated enrollment measurement described in Subsection (4)(b) may
include the following components, in addition to other components, as
determined by an LEA:
(a) a minimum student
login or teacher contact requirement;
(b) required periodic contact with a licensed
educator;
(c) a minimum hourly
requirement, per day or week, when students are engaged in course work;
or
(d) required timelines for a
student to provide or demonstrate completed assignments, coursework, or
progress toward academic goals.
(7)
(a)
Beginning with the 2021-22 school year, an LEA shall submit each student's
attendance validated or learner validated enrollment status through the UTREx
or Data Clearinghouse.
(b) For a
student who participates in both attendance validated, and learner validated
programs, the LEA shall designate the student's status as learner validated
enrollment.
(8)
(a) An LEA desiring to generate membership
for student enrollment in courses outlined in Subsection (3)(f)(iii), or to
seek a waiver from a requirement in Subsection (3)(f)(iii), shall submit an
application for course approval by April 1 of the year before which the
membership will be counted.
(b) An
LEA shall be notified within 30 days of the application deadline if courses
have been approved.
Notes
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