Section R277-479-3 - Charter School Special Education Add-On Funding(1)(a) For new and expanding charter schools, the Superintendent shall calculate the foundation based on the average special education ADM for the number of years the school has been in operation beyond the first year, until the charter school completes its fourth year of operation.(b)(i) A new or expanding charter school in its first operational year shall receive special education add-on funding based on estimated enrollment projections made by the CDC and approved by the Superintendent for legislative projections.(ii) The Superintendent shall initially calculate the add-on by multiplying estimated enrollment by 10% to determine the number of WPUs allocated in the legislative estimate.(iii) The Superintendent shall finally calculate the add-on by taking the actual number of special education students reported on the December 1 count.(c)(i) For the second operational year, a new or expanding charter school shall receive estimated special education add-on funding based on the December 1 count from the prior year.(ii) The final WPUs allocated from the special education add-on program in the second operational year shall equal the ADM count from the prior year.(d)(i)(A) In its first operational year, a new or expanding charter school shall receive estimated WPUs for the special education self-contained program equal to the average self-contained prevalence rate of all charter schools in the prior year multiplied by the CDC estimated enrollment for the school.(B) The final WPUs allocated shall be equal to the number of self-contained students reported on the December 1 count of the current school year for the new or expanding charter school.(ii) In its second operational year, a new or expanding charter school shall receive estimated special education self-contained funding based on the December 1 count of self-contained students from the prior year.(iii) The final WPUs allocated from the special education self-contained program in the second operational year shall equal the ADM count of self-contained students from the current school year.(e)(i)(A) For special education impact aid funding in the first operational year, a new or expanding charter school shall receive an estimated December 1 count equal to 10% multiplied by the CDC estimated enrollment of the new or expanding charter school.(B) The Superintendent shall use the amount from Subsection (A) in the formula prescribed in the USBE Special Education Rules X.J., incorporated by reference in Rule R277-750.(C) The Superintendent shall base the final WPUs allocated to a new or expanding charter school on the school's December 1 counts for the current school year.(ii)(A) In the second operational year, a new or expanding charter school shall received estimated special education impact aid funding based on the December 1 count of self-contained students from the prior year.(B) A new or expanding charter school shall receive final WPUs allocated based on December 1 counts for the current school year.(f)(i)(A) For the special education ESY program, in the first operational year, a new or expanding charter school shall receive funding based on a program count equal to .014 multiplied by the CDC estimate.(B) The Superintendent shall use the amount in Subsection (A) in the formula prescribed in the USBE Special Education Rules, X.L., incorporated by reference in Rule R277-750.(ii) In the second operational year, a new or expanding charter school shall receive estimated special education ESY funding based on the ADM count of ESY eligible students from the prior year.(2) The foundation is the minimum amount a charter school may receive for special education add-on funding.(3)(a) The Superintendent shall apply a positive growth adjustment to a charter school's foundation for weighted growth.(b) The Superintendent shall determine weighted growth as set forth in Subsection 53F-2-307(7)(e)(i).(c) The Superintendent shall determine growth WPUs as set forth in Subsection 53F-2-307(7)(e).(d) The Superintendent may not impose a funding cap based on the charter prevalence rate because a charter school is designed and authorized specifically to serve students with disabilities.(e) When there is no growth, either because a charter school is new or because the same number of students are enrolled, the Superintendent may not apply a positive growth adjustment.(4)(a) The Superintendent shall apply a negative growth adjustment to a charter school's base for decline in special education ADM.(b) The negative growth adjustment is the base multiplied by the percentage of enrollment decline.(c) The Superintendent shall subtract the result calculated under Subsection (5)(b) from the base to determine WPU.(d) When there is no decline in a charter school's enrollment of students with disabilities, either because the charter school is new or because the same number of students are enrolled, the Superintendent may not apply a negative growth adjustment to the charter school's allotment.(e) If a negative growth adjustment brings the WPU below the foundation, the charter school shall receive the foundation WPU.(5) After the first and second years of a charter school's expansion, the special education formula provided in this Section R277-479-3 shall account for the expansion.(6) Notwithstanding this Section R277-479-3, if a new or expanding charter school identifies a purpose and target population in its application focusing on students with disabilities, the Superintendent shall estimate the number of students with disabilities expected to enroll in consultation with the authorizer and the school.Utah Admin. Code R277-479-3
Amended by Utah State Bulletin Number 2017-17, effective 8/7/2017Amended by Utah State Bulletin Number 2022-11, effective 5/24/2022Amended by Utah State Bulletin Number 2023-02, effective 1/11/2023Amended by Utah State Bulletin Number 2023-14, effective 7/11/2023Amended by Utah State Bulletin Number 2024-20, effective 10/8/2024