Section 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 day, if 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:(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 prior to which the membership will be counted.(b) An LEA shall be notified within 30 days of the application deadline if courses have been approved.Utah Admin. Code R277-419-5
Amended by Utah State Bulletin Number 2015-15, effective 7/8/2015Amended by Utah State Bulletin Number 2016-13, effective 6/3/2016Amended by Utah State Bulletin Number 2016-21, effective 10/11/2016Amended by Utah State Bulletin Number 2018-1, effective 12/8/2017Amended by Utah State Bulletin Number 2020-07, effective 3/12/2020Amended by Utah State Bulletin Number 2020-11, effective 5/26/2020Amended by Utah State Bulletin Number 2020-14, effective 7/9/2020Amended by Utah State Bulletin Number 2020-19, effective 9/25/2020Amended by Utah State Bulletin Number 2021-13, effective 6/15/2021Amended by Utah State Bulletin Number 2022-07, effective 3/15/2022Amended by Utah State Bulletin Number 2023-12, effective 7/1/2023Amended by Utah State Bulletin Number 2023-22, effective 11/7/2023