Education

Administration

Rule 488: Dual Language Immersion Program

Effective Date: 07/08/2026

Admin. Code Reference: R277-488

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Filing ID: 58003

Rule or section number:

R277-488

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:

R277-488. Dual Language Immersion Program

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

The amendments are needed to reduce the number of endorsements as requested from the Utah State Board of Education (USBE), eliminating the Dual Language Immersion (DLI) endorsement.

C. Summary of the new rule or change:

The amendments remove the requirement that a school receiving DLI program funds must hire qualified world language teachers who have a world language endorsement in the language of instruction and a DLI endorsement.

The amendments also remove the specific date that the Superintendent must disburse DLI program funds each fiscal year.

In addition, the amendments clarify what Local Education Agencies (LEAs) may not use DLI programs funds for.

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 amendments to Rule R277-488 clarify the timing of fund disbursements (striking the specific July 1 deadline to provide administrative flexibility), update educator licensing terminology to align with current USBE nomenclature, and explicitly define prohibited uses of program funds (overnight travel, incentives, etc.).

These changes do not alter the total legislative appropriation for the Dual Language Immersion (DLI) program under Section 53F-2-502. The USBE will continue to administer the program within existing staff resources and budget.

B. Local governments:

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

LEAs will receive the same amount of DLI program funding based on the legislative allocation.

While Subsection R277-488-3(8) introduces new restrictions on the use of funds (prohibiting overnight travel, incentives, and capital expenditures), this clarifies intent for the funds to be used directly towards classroom expenditures.

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 rule governs the internal distribution of state funds to public school districts and charter schools. It does not regulate, tax, or impose requirements on private small businesses.

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 "affected persons" in this class are primarily DLI students, parents, and educators.

Students/Parents: The rule ensures that grant funds are focused on classroom equipment and instruction, which may provide a qualitative benefit but no direct fiscal impact on families.

Educators: The change in licensing language in Subsection R277-488-3(7) is a technical update to ensure consistency with Rule R277-301 and does not change the requirements or costs for an individual educator to obtain an endorsement.

There are no fees or costs imposed on individuals by these changes.

F. Compliance costs for affected persons:

There are no compliance costs for affected persons.

The amendments primarily focus on fund-use restrictions and technical terminology updates that do not require new equipment, fees, or additional staff time beyond current program management.

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:

Article X, Section 3

Section 53F-2-502

Section 53E-3-401

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:

07/01/2026

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)

07/08/2026

13. Agency Authorization Information

Agency head or

designee and title:

Elisse Newey, Deputy Superintendent of

Policy

Date:

05/15/2026

R277. Education, Administration.

R277-488. Dual Language Immersion Program.

R277-488-1. Authority and Purpose.

(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) Section 53F-2-502, which requires the Board to establish a Dual Language Immersion program; and

(c) 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:

(a) establish criteria and procedures for distributing funds to elementary and secondary schools participating in the Dual Language Immersion Program;

(b) increase the number of students who reach proficiency in world languages;

(d) increase the number of biliterate and bilingual students.

R277-488-2. Definitions.

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

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

R277-488-3. Dual Language Immersion Program Requirements.

(1) The Superintendent shall disburse DLI program funds [by July 1 of ]each fiscal year subject to state appropriation.

(2) The DLI program shall support world languages approved by the Superintendent.

(3) The Superintendent shall provide an initial application for an LEA to receive funding for DLI programs.

(4) An LEA shall submit an application described in Subsection (3) no later than the deadline specified in the application to be considered for elementary school DLI program funding in the subsequent school year.

(5) An application for DLI program funds shall include a plan that includes:

(a) a world language approved by the Superintendent;

(b) a timeline that begins the instructional model in kindergarten or grade 1, adds an additional grade each year; and

(6) The Superintendent shall give priority in DLI program funding to an LEA that:

(a) does not currently teach the requested language choice;

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

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

(d) has adequate interest, resources, and infrastructure, but does not presently have a DLI program; and

(e) has a demonstrated community need for improved or expanded world language instruction in a specific school or community.

(7) A school receiving DLI program funds shall hire qualified world language teachers who:

[(a) have a world language endorsement in the language of instruction and a DLI endorsement; and

(b) are Utah licensed elementary or secondary educators.]

(a) have a Utah educator license with an elementary education or secondary education license area of concentration; and

(b) an appropriate endorsement for the assignment.

(8) An LEA may not use DLI program funds for:

(a) overnight travel;

(b) incentives;

(d) non-classroom equipment.

R277-488-4. Proficiency Assessment Requirements.

(1) The Superintendent shall select a proficiency assessment through an appropriate procurement process.

(2) The proficiency assessment described in Subsection (1) shall assess the following areas of proficiency:

(a) listening;

(b) speaking;

(d) writing.

(3) An LEA DLI program shall administer the proficiency assessment selected by the Superintendent as described in Subsection (1) [for

certain areas of proficiency listed in subsection (2) ]at each grade level starting at Grade 3 and through Grade 9.

R277-488-5. International Guest Teacher Requirements.

[(1) ]An LEA may offer world languages through the DLI program using an international guest teacher as outlined in Rule R277-310.

R277-488-6. Dual Language Immersion Funds.

(1) Elementary schools shall be selected for funding for the DLI program based on an evaluation of applications by the Superintendent.

(a) Secondary schools shall receive funding as recipients of DLI students through the regular school feeder system.

(2) The Superintendent shall make an award to an individual elementary or secondary school and allocate funds to the school's LEA to be fully distributed to the school based on the annual legislative funding allocation.

(3) The Superintendent shall notify a new school eligible for funding of a funds award for the subsequent fiscal year by June 1 annually.

R277-488-7. Evaluation and Reports.

(1) Each school selected for funding shall submit an evaluation report to the Superintendent by June 30 annually.

(2) The Superintendent may request additional data from a secondary or elementary school that receives funding.

KEY: critical languages, dual language immersion

Date of Last Change: 2026[January 17, 2023]

Notice of Continuation: August 19, 2021

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53F-2-502; 53E-3-401

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