NOTICE OF SUBSTANTIVE CHANGE
1. Agency Information
Education, Administration
Salt Lake City, UT 84114-4200
2. Contact Persons
ben.rasmussen@schools.utah.gov
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R277-720. Reimbursement Program for Early Graduation from Personalized, Competency-Based Learning Program
B. Purpose of the new rule or reason for the change:
This rule is being repealed because it is no longer necessary.
C. Summary of the new rule or change:
This rule needs to be repealed because the funding for the grant was not renewed.
This rule is repealed in its entirety.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
This rule repeal is not expected to have fiscal impact on state government revenues or expenditures.
The repeal of Rule R277-720 removes the administrative structures and formulas used for the Reimbursement Program for Early Graduation from Personalized, Competency-Based Learning Program.
Because the funding for this grant was not renewed, the program is no longer active. The repeal of this obsolete rule will not generate new state expenditures or alter ongoing state revenues.
This rule repeal is not expected to have fiscal impact on local governments' revenues or expenditures.
This rule repeal removes the application procedures, personalized learning designations, and reimbursement calculations previously used by Local Education Agencies (LEAs) to seek funds for eligible students who graduated early.
Because the underlying grant funding was not renewed by the legislature, LEAs are no longer receiving these reimbursements. Therefore, the administrative repeal of this rule itself does not create incremental costs or savings to local governments.
C. Small businesses ("small business" means a business employing 1-49 persons):
This rule repeal is not expected to have fiscal impact on small businesses' revenues or expenditures.
This repealed rule strictly governed a state reimbursement program for public education agencies based on student graduation timelines.
Because this rule did not regulate, mandate services from, or provide direct funding to small businesses, there are no incremental costs or savings.
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 repeal is not expected to have fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities.
The scope of the repealed rule was limited to the administration of state reimbursements to LEAs.
Because no individuals, partnerships, or non-governmental entities were financially regulated or funded by this specific rule, there are no incremental costs or savings to other persons.
F. Compliance costs for affected persons:
There are no compliance costs for affected persons.
The repeal of this rule removes obsolete administrative procedures for an unfunded reimbursement program that applied strictly to local education agencies.
Because this rule did not impose individual fees, fines, or compliance expenses on private citizens or school employees, there are no compliance costs for affected persons.
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."
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 53F-2-511(1)(c)(ii)
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:
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)
13. Agency Authorization Information
Agency head or
designee and title:
Ben Rasmussen, Director of Policy
R277. Education, Administration.
[R277-720. Reimbursement Program for Early Graduation from Personalized, Competency-Based Learning Program. R277-720-1. 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) 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; (c) Subsection 53F-2-511(1)(c)(ii), which allows the Board to make rules to specify additional criteria for an LEA to be eligible for a personalized, competency-based learning early graduation reimbursement; and (d) Subsection 53F-2-511(6), which allows the Board to make rules for the administration of the Reimbursement Program for Early Graduation from Personalized, Competency-Based Learning. (1) "Eligible LEA" means an LEA that: (a) has demonstrated to the Board that the LEA or a school within the LEA provides and facilitates personalized competency-based learning that is based on the core principles described in Section 53F-5-502; and (b) has an approved personalized, competency-based learning program that includes: (i) at least one outcome measure for each indicator level required by the Superintendent; (ii) outcome measures that are disaggregated by student subgroups where possible; and (iii) at least one outcome measure for student growth and proficiency. (2) "Eligible student" means a student who: (a) meets the requirements described in Subsection 53F-2-511(1)(d); (b) has been flagged by an LEA as a personalized competency-based learning participant. (3) "Program" means the Reimbursement Program for Early Graduation from Personalized, Competency-Based Learning described in Section 53F-2-511. (4) "Review Committee" means the Personalized Competency-based Learning Review Committee created in Section R277-712-3. R277-720-3. Personalized, Competency-Based Learning Designation. (1) To receive a personalized, competency-based learning designation, an eligible LEA shall: (a) submit an application in the form prescribed by the Superintendent to the review committee; (b) submit the application in Subsection (1)(a) no later than April 1 of the school year prior to the school year in which the LEA intends to seek reimbursement; and (c) have an approved personalized, competency-based learning plan pursuant to Rule R277-712. (2) The review committee shall review each application and make recommendations to the Board based on the Board approved personalized, competency-based learning core principals and measures described in Rule R277-712. (3) The Board shall approve or deny the recommendations made by the review committee in a timely manner. (4) If approved, an eligible LEA's personalized, competency-based learning designation shall continue for three years, provided the school continues to implement a personalized, competency-based learning model. (5) An eligible LEA may not retroactively use an approved personalized, competency-based learning designation for reimbursement of eligible students. (6) An LEA may claim reimbursement for eligible students in the school year after establishing a personalized, competency-based learning designation and in subsequent years, as long as the designation continues. R277-720-4. Early Graduation Reimbursement. (1) An eligible LEA with a personalized, competency-based learning designation may seek reimbursement for an eligible student in October for membership generated by the eligible student in the previous school year. (2) The reimbursement amount shall be calculated by the Superintendent in the following manner: (a) the amount of weighted pupil unit lost due to early graduation for each eligible student shall be determined as described by Subsection 53F-2-511(5); (b) the total amount of lost weighted pupil unit for each eligible student shall be used to establish an LEA aggregate total and a statewide aggregate total for all eligible students; (c) if the statewide aggregate total is equal to or less than the total amount allocated for the program by the legislature, an eligible LEA shall be reimbursed the LEA aggregate total; (d) if the statewide aggregate total exceeds the total amount allocated for the program by the legislature, an eligible LEA shall be reimbursed a prorated amount proportionate to the percentage that the LEA aggregate total is of the statewide aggregate total. (3) An LEA shall not receive a reimbursement for an eligible student that exceeds the amount outlined in Subsection 53F-2-511(5)(a). 
