Education

Administration

Rule 100: Definitions for Utah State Board of Education (Board) Rules

Effective Date: 08/07/2026

Admin. Code Reference: R277-100

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Filing ID: 58054

Rule or section number:

R277-100

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:

R277-100. Definitions for Utah State Board of Education (Board) Rules

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

The amendments are a result of the passage of SB 58 during the 2026 General Session.

C. Summary of the new rule or change:

The amendments promote uniform interpretation and implementation across all the Utah State Board of Education (USBE) rules.

The amendments also remove an oversight categorization of "exempt".

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:

SB 58 (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The proposed amendments strike an outdated oversight category provision (Subsection R277-100-1(3)) and establish new or updated definitions for educational tracking terms, including "Absence," "Attendance Validated Program," "Instructional Day," "Instructional hours," and "Learner Validated Program." These changes are due to SB 58 (2026) and the USBE believes that any fiscal impacts were captured in the fiscal note to SB 58 (2026).

B. Local governments:

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

These changes are due to SB 58 (2026) and the USBE believes that any fiscal impacts were captured in the fiscal note to SB 58 (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 updated definitions clarify student tracking metrics (such as what constitutes an instructional day or an absence) within public schools. These wording updates do not result in any direct financial obligations, tax alterations, fees, or savings for parents, students, educators, or individual taxpayers as an aggregate class.

The USBE believes that any fiscal impacts were captured in the fiscal note to SB 58 (2026).

F. Compliance costs for affected persons:

There are no compliance costs for affected persons.

The USBE believes that any fiscal impacts were captured in the fiscal note to SB 58 (2026).

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

Subsection 53E-3-401(4)

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.

R277-100. Definitions for Utah State Board of Education (Board) Rules.

R277-100-1. 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 of public education in the Board; and

(b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.

(2) The purpose of this rule is to provide definitions that are used in the Board rules beginning with Title R277.

[(3) This rule is categorized as exempt as described in Rule R277-111.]

R277-100-2. Definitions.

(1) "Absence" means, for a student enrolled in an attendance validated program, the failure of a school-age child assigned to a class or

class period to attend the class or class period for a given day or class period; or

(a) for a student enrolled in a learner validated program, the failure of a school-age child to meet the LEA's continuing enrollment

measurement requirements as established in the LEA's written policy.

[(1)](2)(a) "Accountability practice" means any evidence-based practice that increases academic outcomes, decreases behavior that

disrupts the learning environment and holds students accountable for their actions by requiring them to take responsibility to repair harm and provide restitution when appropriate.

(b) Practices may include behavior plans, restorative practices, and strategies to increase engagement.

[(2)](3) "Accreditation" means the formal process for internal and external review and approval under the standards of an accrediting

entity adopted by the Board.

[(3)](4) "Agency" means:

(a) an entity governed by the Board;

(b) an LEA; or

(5) "Attendance Validated Program" means an educational program where:

(a) student participation is measured by physical or virtual attendance at scheduled instructional periods; and

(b) a student receives direct teacher interaction and instruction for the course or program.

[(4)](6) "Board" means the 15 elected members of the State Board of Education.

[(5)](7) "Charter school" means a school established as a charter school by a charter school authorizer under Title 53G, Chapter 5, Charter

Schools, and Board rule.

[(6)](8) "Comprehensive dropout intervention and prevention program" means a program that:

(a) addresses needs of students who are not succeeding in a traditional school environment;

(b) provides targeted instruction that increases student credit-earning rates toward graduation; and

(c) partners with community entities to provide a continuum of services with the focus of preparing students for life after high school.

[(7)](9)(a) "Cumulative file" or "cumulative folder" means a physical or digital record maintained by an LEA for each student containing,

at a minimum, the following information:

(i) evidence of the student's legal name and date of birth;

(ii) student demographic data, including race, ethnicity, and gender;

(iii) name and contact information for the student's parents;

(iv) a record of the student's courses, teachers, and grades or progress;

(v) a record of the student's performance on statewide assessments;

(vi) documentation concerning a student's eligibility for IDEA or 504 services;

(vii) a record of suspensions and expulsions, in accordance with Subsection 53G-8-208(4)(a);

(viii) known allergies;

(ix) a record of vision and health screening results; and

(x) a record of required student immunizations, and medical or personal exemptions; and

(xi) pertinent legal documents, including protective orders, custody orders, and parenting or education plans.

(b) "Cumulative file" may include additional student information in accordance with an LEA's policies.

[(8)](10) "District school" means a public school under the control of a local school board elected under Title 20A, Chapter 14,

Nomination and Election of State and Local School Boards.

[(9)](11) "Dual enrollment student" means a student who:

(a) is enrolled simultaneously in:

(i) a private school or home school; and

(ii) a public school; and

(b) is counted by an LEA in membership for purposes of generating state or federal funding for only those courses or subjects for which the LEA provides instruction.

[(10)](12) "Educator" means an individual licensed under Section 53E-6-201 and who meets the requirements of Board rule.

[(11)](13) "ESSA" or the "Every Student Succeeds Act" means the congressional act, which reauthorized the Elementary and Secondary

Education Act of 1965, which is found at 20 U.S.C. 6301, et seq.

[(12)](14)(a) "Evaluate" or "review" means to observe and assess a program or set of requirements with an objective of making

recommendations, if appropriate, for necessary changes or improvement.

(b) An "evaluation" or "review" may include providing training and technical assistance on program-related matters and performing on-site reviews of program operations.

[(13)](15)(a) "External audit" means an appraisal activity established under the direction of an individual or entity outside of the subject

agency to examine and evaluate the adequacy and effectiveness of:

(i) agency control systems;

(ii) compliance;

(iii) performance; and

(iv) financial position.

(b) An external audit is conducted in accordance with current professional and industry technical standards, as applicable, for external audits.

[(14)](16)(a) "Home school student" means a student who:

(a) attends a home school pursuant to Section 53G-6-204; and

(b) is not counted by an LEA in membership for purposes of generating state or federal funding.

[(15)](17) "Individualized education program" or "IEP" means a written statement for a student with a disability that is developed,

reviewed, and revised in accordance with Part B of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Section 1400 (2004), and rule.

[(16)](18) "Individuals with Disabilities Education Act" or "IDEA," 20 U.S.C. Section 1400 et seq. (2004), is a four part (A-D) piece of

federal legislation that ensures a student with a disability is provided with a Free Appropriate Public Education (FAPE) that is tailored to the student's individual needs.

(19) "Instructional Day" means:

(a) for attendance validated programs, a day with scheduled instructional periods and direct teacher interaction; or

(b) for learner validated programs, any day during which educational services are actively provided through the LEA's structured learning

system.

(i) days where educational services are not actively provided to students; or

(ii) any day in a program that an LEA designated as learner validated solely to avoid providing direct educational services that would

otherwise be required for an attendance validated program.

(20) "Instructional hours" means:

(a) for attendance validated programs, hours of scheduled instruction; or

(b) for learner validated programs, equivalent hours of educational services as defined by LEA policy.

[(17)](21)(a) "Internal audit" means an independent appraisal activity established within an agency as a control system to examine and

objectively evaluate the adequacy and effectiveness of other internal control systems within the agency or the public education system.

(b) An "internal audit" is conducted in accordance with the current:

(i) International Standards for the Professional Practice of Internal Auditing; or

(ii) Government Auditing Standards, issued by the Comptroller General of the United States.

[(18)](22)(a) "LEA" or "local education agency" means a school district or charter school.

(b) For purposes of certain rules, "LEA" or "local education agency" may include the Utah Schools for the Deaf and the Blind (USDB) if indicated in the specific rule.

[(19)](23)(a) "LEA governing board" or "local board" means:

(i) for a school district, a local school board; and

(ii) for a charter school, a charter school governing board.

(b) For purposes of certain rules, "LEA governing board" or "local board" may include the State Board of Education as the governing board for the Utah Schools for the Deaf and the Blind if indicated in the specific rule.

(24) "Learner Validated Program" means an educational program specifically designed for competency-based or self-paced learning

where:

(a) student participation is measured by demonstrated academic progress and completion of learning objectives rather than attendance

during a scheduled class or instructional period; and

(b) the LEA has established a written policy that defines:

(i) continuing enrollment measurement requirements;

(ii) standards for demonstrating academic progress;

(iii) methods for calculating equivalent instructional hours; and

(iv) procedures for ensuring equivalent educational rigor and support.

[(20)](25)(a) "Monitor" means to formally supervise, inspect, or examine the compliance, performance, or finances of a program or set of

requirements.

(b) A monitoring program may include:

(i) review of financial and performance reports required of the subject program;

(ii) follow-up to ensure the subject program takes timely and appropriate actions to correct identified deficiencies;

(iii) supervising remedial action recommended by audit or monitoring findings or required by Board rule; and

(iv) any function performed in an evaluation or review.

[(21)](26)(a) "Multidisciplinary team" means a group of individuals from multiple disciplines who meet to:

(i) pursue the common goal of evaluating and triaging the academic, social, emotional, physical, and behavioral needs of a student or group of students; and

(ii) create individualized strategies and interventions to address identified needs.

(b) An LEA's multidisciplinary school team as described in Subsection (20)(a) may include:

(i) administrative personnel;

(ii) a local law enforcement officer or school resource officer;

(iii) a mental health professional;

(iv) a general education or special education teacher; and

(v) other community members as determined by the LEA.

[(22)](27) "Parent" means a parent or guardian who has established residency of a child under Section 53G-6-302, 53G-6-303, or 53G-6-

402, or another applicable Utah guardianship provision.

[(23)](28) "Plan for College and Career Readiness" or "SEOP" means a student education occupation plan for college and career readiness

that is a developmentally organized intervention process that includes:

(a) a written plan, updated annually, for a secondary student's (grades 7-12) education and occupational preparation;

(b) all Board, local board and local charter board graduation requirements;

(d) attainment of approved workplace skill competencies, including job placement when appropriate; and

(e) identification of post secondary goals and approved sequence of courses.

(24) "Preschool" means a school in which all the students enrolled are pre-kindergarten.

[(25)](29)(a) "Private school student" means a student who:

(a) attends a private school; and

(b) is not counted by an LEA in membership for purposes of generating state or federal funding.

[(26)](30) "Program" means an instructional environment that does not meet the criteria to be classified as a school, as described in

Subsection (27).

[(27)](31) "Public school student" means a student who:

(a) attends an LEA governed public school; and

(b) is counted by an LEA in membership for purposes of generating state or federal funding.

[(28)](32) "School" means an instructional environment that:

(a) is governed by an LEA board;

(b) has an assigned administrator;

(d) has assigned instructional staff;

(e) provides instruction in the Utah core standards;

(f) has one or more grade groups in the range from kindergarten through grade 12; and

(g) is not a program for students enrolled in another public school.

[(29)](33) "Split enrollment student" means a student who is:

(a) regularly enrolled at two schools within two LEAs at the same time;

(b) eligible for graduation and other services at both schools; and

(c) subject to the split enrollment requirements in Rule R277-419, counted by each LEA in membership for purposes of generating state or federal funding for only those courses or subjects for which each LEA provides instruction.

[(30)](34) "State Charter School Board" or "SCSB" means the State Charter School Board created in Section 53G-5-201.

[(31)](35) "Student Threat assessment" means a prevention strategy that involves:

(a) identifying student threats including to commit a violent act;

(b) determining the seriousness of the threat;

(d) address underlying behavior contributing to the risk.

[(32)](36) "Success sequence" means a three-prong framework for youth and young adults that encourages:

(a) completing at least a high school education and pursuing further educational opportunities;

(b) obtaining full-time employment; and

[(33)](37) "Superintendent" means the State Superintendent of Public Instruction or the Superintendent's designee.

[(34)](38) "Suspension" means, except for purposes of Rules R277-210 through R277-217:

(a) an in-school suspension that is a temporary removal of a student from the student's regular classroom for disciplinary reasons for at least half a school day but remains under the direct supervision of school personnel; or

(b) an out-of-school suspension that is the removal of a student from school grounds for disciplinary reasons unless the student removed is:

(i) served solely under a Section 504 plan, where an out-of-school suspension is the excluding of the student from school for disciplinary purposes for one day or longer; or

(ii) a student with disabilities under IDEA, where an out-of-school suspension is the temporary removal of the student from the student's regular school for disciplinary reasons to another setting.

[(35)](39) "Threat" means an expression of intent to harm someone that is direct, indirect, or implied and may be spoken, written, or

expressed in some other way.

[(36)](40) "USDB" means the Utah Schools for the Deaf and the Blind.

[(37)](41) "USIMS" or "Utah Schools Information Management System" means a software system maintained by the Superintendent for

collecting, processing, providing oversight, and reporting on education data for the state as required by Section 53E-3-518.

KEY: Board of Education, rules, definitions

Date of Last Change: [January 7,] 2026

Notice of Continuation: June 10, 2025

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

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