Education

Administration

Rule 632: Funding for At-Risk Students and Students Learning English

Effective Date: 08/07/2026

Admin. Code Reference: R277-632

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Filing ID: 58066

Rule or section number:

R277-632

1. Agency Information

Title catchline:

Education, Administration

Building:

Board of Education

Street address:

250 E 500 S

City, state:

Salt Lake City, UT

Mailing address:

PO Box 144200

City, state and zip:

Salt Lake City, UT 84114-4200

2. Contact Persons

Name:

Phone:

Email:

Elisse Newey

801-538-7500

Elisse.newey@schools.utah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R277-632. Funding for At-Risk Students and Students Learning English

B. Purpose of the new rule or reason for the change:

The amendments are a result of the passage of HB 1 during the 2026 General Session.

C. Summary of the new rule or change:

The amendments update the emergency funding provisions for students learning English. Specifically, the amendments remove the current assessment-based identification of qualifying students (which relies on World-Class Instructional Design and Assessment (WIDA) scores) and replace it with the new statutory definition based on "interrupted formal education."

Additionally, this rule is being updated to reflect the lowered statutory eligibility thresholds of a 40% enrollment increase and 10 or more students.

The amendments will also establish a new discretionary pathway for the USBE to approve emergency funding for Local Education Agencies (LEAs) that experience a significant enrollment increase but fall short of the new numerical thresholds.

Finally, the criteria for demonstrating "substantial need" is being revised to align with the new statutory requirement of showing "insufficient existing funds," which will require modifying this rule's current restriction regarding carry-forward at-risk funds.

4. Legislative Action Information

A. Are any changes in this filing

because of state legislative action?

Changes are because of legislative action.

B. If yes, any bill number and

session:

HB 1 (2026 General Session)

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This rule change is not expected to have fiscal impact on state government revenues or expenditures.

The rule changes are due to the passage of HB 1 in the 2026 General Session.

The Utah State Board of Education (USBE) believes that any fiscal impacts were captured in the fiscal note to HB 1 (2026).

B. Local governments:

This rule change is not expected to have fiscal impact on local governments' revenues or expenditures.

The rule changes are due to the passage of HB 1 (2026).

The USBE believes that any fiscal impacts were captured in the fiscal note to HB 1 (2026).

C. Small businesses ("small business" means a business employing 1-49 persons):

This rule change is not expected to have fiscal impact on small businesses' revenues or expenditures.

This only applies to the USBE and Local Education Agencies (LEAs).

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

There are no non-small businesses in the industry in question, Elementary and Secondary Schools (North American Industry Classification System (NAICS) 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule change is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses, and it does not require any expenditures of, or generate revenue for non-small businesses.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

This rule change is not expected to have fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities.

The rule changes are due to the passage of HB 1 (2026).

The USBE believes that any fiscal impacts were captured in the fiscal note to HB 1 (2026).

F. Compliance costs for affected persons:

There are no compliance costs for affected persons.

The rule changes are due to the passage of HB 1 (2026).

The USBE believes that any fiscal impacts were captured in the fiscal note to HB (2026)1.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

7. Regulatory Impact Analysis Approval

The State Superintendent of the Utah State Board of Education, Molly Hart, has reviewed and approved this regulatory impact analysis.

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Utah Constitution, Article X, Section 3

Section 53F-2-314

11. Public Notice Information

The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

07/31/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

08/07/2026

13. Agency Authorization Information

Agency head or

designee and title:

Elisse Newey, Deputy Superintendent of Policy

Date:

06/16/2026

R277. Education, Administration.

R277-632. Funding for At-Risk Students and Students Learning English.

R277-632-1. Authority[,] and Purpose[, and Oversight Category].

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

(b) Subsection 53F-2-314(4), which requires:

(i) an LEA to report information on the use of the at-risk add-on to the WPU to the Board; and

(ii) the Board to monitor the learning outcomes resulting from an LEA's use of the at-risk add-on to the WPU; and

(c) Section 53F-2-316, which requires the Board to make rules regarding distribution of emergency funds for students learning English.

(2) The purpose of this rule is to:

(a) clarify reporting requirements for the At-Risk Add-On Funding Report; and

(b) establish requirements for distribution of emergency funding to schools under Section 53F-2-316.

[(3)(a) Section R277-632-3 is categorized as Category 2 as described in Rule R277-111.

(b) Section R277-632-4 is categorized as Category 4 as described in Rule R277-111.]

R277-632-2. Definitions.

(1) "At risk" has the same meaning as described in Section 53F-2-314.

(2) "At-Risk Add-On Funding Report" means the reporting required of each LEA consistent with Subsection 53F-2-314(4)(a).

(3) "Student learning English" has the same meaning as described in Section 53F-2-316.

(4) "UPEFS" means the Utah Public Education Financial System.

(5) "Weighted Pupil Unit" or "WPU" has the same meaning as described in Section 53F-2-102.

R277-632-3. LEA Reporting.

(1) An LEA shall submit the At-Risk Add-On Funding Report by October 1 for the previous fiscal year.

(2) An LEA shall submit financial data through UPEFS.

(3) An LEA shall submit the following through a separate data collection form provided by the Superintendent:

(a) the definition the LEA's local Board has approved for the term "at-risk student" in the LEA consistent with Subsection 53F-2-314(1)(a)(ii);

(b) LEA outcome data specific to the defined at-risk subpopulation;

(d) the number of students served that meet the LEA's definition of at-risk; and

(e) other data as requested by the Superintendent.

R277-632-4. Emergency Funding for Schools With Increased Enrollment of Students Learning English.

(1) The Superintendent shall annually identify schools qualifying for funding under Section 53F-2-316[ using the results of the WIDA

ACCESS Assessment or the WIDA Screener Assessment].

(2) The Superintendent shall notify each school identified in accordance with Subsection (1) of the opportunity to apply for available funding.

(3) The Superintendent shall establish an application process and distribution formula for funds allocated by the Legislature, which prioritizes schools with:

(a) the greatest percentage increase in enrollment of students learning English; and

(b) the most severe financial need.

(4)(a) An LEA shall provide all information required in Subsection 53F-2-316(3).

(b) An LEA may demonstrate a school has substantial need by showing:

(i) a plan for spending the funds for a qualifying school consistent with the purposes allowed in Section 53F-2-316; and

(ii) that the LEA has [no]less than 5% carry forward from the LEA's at-risk add-on funding[ for the three preceding years].

(5) An LEA receiving funds under this rule may only use funds as set forth in Section 53F-2-316.

KEY: at risk add-on report, emergency funding, students learning english

Date of Last Change: 2026[August 7, 2025]

Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53F-2-314

!--dar--

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Filing ID: 58066

Rule or section number:

R277-632

1. Agency Information

Title catchline:

Education, Administration

Building:

Board of Education

Street address:

250 E 500 S

City, state:

Salt Lake City, UT

Mailing address:

PO Box 144200

City, state and zip:

Salt Lake City, UT 84114-4200

2. Contact Persons

Name:

Phone:

Email:

Elisse Newey

801-538-7500

Elisse.newey@schools.utah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R277-632. Funding for At-Risk Students and Students Learning English

B. Purpose of the new rule or reason for the change:

The amendments are a result of the passage of HB 1 during the 2026 General Session.

C. Summary of the new rule or change:

Additionally, this rule is being updated to reflect the lowered statutory eligibility thresholds of a 40% enrollment increase and 10 or more students.

4. Legislative Action Information

A. Are any changes in this filing

because of state legislative action?

Changes are because of legislative action.

B. If yes, any bill number and

session:

HB 1 (2026 General Session)

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This rule change is not expected to have fiscal impact on state government revenues or expenditures.

The rule changes are due to the passage of HB 1 in the 2026 General Session.

The Utah State Board of Education (USBE) believes that any fiscal impacts were captured in the fiscal note to HB 1 (2026).

B. Local governments:

This rule change is not expected to have fiscal impact on local governments' revenues or expenditures.

The rule changes are due to the passage of HB 1 (2026).

The USBE believes that any fiscal impacts were captured in the fiscal note to HB 1 (2026).

C. Small businesses ("small business" means a business employing 1-49 persons):

This rule change is not expected to have fiscal impact on small businesses' revenues or expenditures.

This only applies to the USBE and Local Education Agencies (LEAs).

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

This rule change is not expected to have fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities.

The rule changes are due to the passage of HB 1 (2026).

The USBE believes that any fiscal impacts were captured in the fiscal note to HB 1 (2026).

F. Compliance costs for affected persons:

There are no compliance costs for affected persons.

The rule changes are due to the passage of HB 1 (2026).

The USBE believes that any fiscal impacts were captured in the fiscal note to HB (2026)1.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

7. Regulatory Impact Analysis Approval

The State Superintendent of the Utah State Board of Education, Molly Hart, has reviewed and approved this regulatory impact analysis.

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Utah Constitution, Article X, Section 3

Section 53F-2-314

11. Public Notice Information

The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

07/31/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

08/07/2026

13. Agency Authorization Information

Agency head or

designee and title:

Elisse Newey, Deputy Superintendent of Policy

Date:

06/16/2026

R277. Education, Administration.

R277-632. Funding for At-Risk Students and Students Learning English.

R277-632-1. Authority[,] and Purpose[, and Oversight Category].

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

(b) Subsection 53F-2-314(4), which requires:

(i) an LEA to report information on the use of the at-risk add-on to the WPU to the Board; and

(ii) the Board to monitor the learning outcomes resulting from an LEA's use of the at-risk add-on to the WPU; and

(c) Section 53F-2-316, which requires the Board to make rules regarding distribution of emergency funds for students learning English.

(2) The purpose of this rule is to:

(a) clarify reporting requirements for the At-Risk Add-On Funding Report; and

(b) establish requirements for distribution of emergency funding to schools under Section 53F-2-316.

[(3)(a) Section R277-632-3 is categorized as Category 2 as described in Rule R277-111.

(b) Section R277-632-4 is categorized as Category 4 as described in Rule R277-111.]

R277-632-2. Definitions.

(1) "At risk" has the same meaning as described in Section 53F-2-314.

(2) "At-Risk Add-On Funding Report" means the reporting required of each LEA consistent with Subsection 53F-2-314(4)(a).

(3) "Student learning English" has the same meaning as described in Section 53F-2-316.

(4) "UPEFS" means the Utah Public Education Financial System.

(5) "Weighted Pupil Unit" or "WPU" has the same meaning as described in Section 53F-2-102.

R277-632-3. LEA Reporting.

(1) An LEA shall submit the At-Risk Add-On Funding Report by October 1 for the previous fiscal year.

(2) An LEA shall submit financial data through UPEFS.

(3) An LEA shall submit the following through a separate data collection form provided by the Superintendent:

(a) the definition the LEA's local Board has approved for the term "at-risk student" in the LEA consistent with Subsection 53F-2-314(1)(a)(ii);

(b) LEA outcome data specific to the defined at-risk subpopulation;

(d) the number of students served that meet the LEA's definition of at-risk; and

(e) other data as requested by the Superintendent.

R277-632-4. Emergency Funding for Schools With Increased Enrollment of Students Learning English.

(1) The Superintendent shall annually identify schools qualifying for funding under Section 53F-2-316[ using the results of the WIDA

ACCESS Assessment or the WIDA Screener Assessment].

(2) The Superintendent shall notify each school identified in accordance with Subsection (1) of the opportunity to apply for available funding.

(3) The Superintendent shall establish an application process and distribution formula for funds allocated by the Legislature, which prioritizes schools with:

(a) the greatest percentage increase in enrollment of students learning English; and

(b) the most severe financial need.

(4)(a) An LEA shall provide all information required in Subsection 53F-2-316(3).

(b) An LEA may demonstrate a school has substantial need by showing:

(i) a plan for spending the funds for a qualifying school consistent with the purposes allowed in Section 53F-2-316; and

(ii) that the LEA has [no]less than 5% carry forward from the LEA's at-risk add-on funding[ for the three preceding years].

(5) An LEA receiving funds under this rule may only use funds as set forth in Section 53F-2-316.

KEY: at risk add-on report, emergency funding, students learning english

Date of Last Change: 2026[August 7, 2025]

Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53F-2-314

!--dar--

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Rule 632: Funding for At-Risk Students and Students Learning English