Utah Admin. Code R12 — Education

R277 Administration

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

Utah Admin. Code R277-100-1 Authority and Purpose

(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.

History

KEY: Board of Education, rules, definitions
Date of Last Change: August 7, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401 (4)

Utah Admin. Code 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.

(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.

(3) "Accreditation" means the formal process for internal and external review and approval under the standards of an accrediting entity adopted by the Board.

(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.

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

(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.

(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.

(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.

(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.

(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.

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

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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

(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.

(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.

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

(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.

(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

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

(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.

(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.

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

(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.

History

KEY: Board of Education, rules, definitions
Date of Last Change: August 7, 2026
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401 (4)

R277-101 Public Participation in Utah State Board of Education Meetings

Utah Admin. Code R277-101-1 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) Title 52, Chapter 4, Open and Public Meetings Act, which directs that the deliberations and actions of the Board be conducted openly;

(d) 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 describe procedures to be followed by the Board in its conduct of the public's business in order to:

(a) hear from those who desire to be heard on public education matters in the state;

(b) effectively and efficiently utilize the time of the Board;

(d) allow the Board to conduct electronic meetings as needed.

History

KEY: school boards, open government, electronic meetings
Date of Last Change: July 9, 2020
Notice of Continuation: August 6, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 52-4-1; 53E-3-401(4); 52-4-207

Utah Admin. Code R277-101-2 Definitions

(1)(a) "Anchor location" means the physical location from which an electronic meeting originates.

(b) The anchor location for an electronic meeting of the Board, unless otherwise designated in the meeting notice, shall be the offices of the Utah State Board of Education, 250 East 500 South, Salt Lake City, Utah 84114.

(2) "Chair" means:

(a) the duly elected Chairperson of the Board;

(b) a Vice-chair when conducting a meeting of the Board; or

(3) "Electronic meeting" has the same meaning as defined in Section 52-4-103.

History

KEY: school boards, open government, electronic meetings
Date of Last Change: July 9, 2020
Notice of Continuation: August 6, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 52-4-1; 53E-3-401(4); 52-4-207

Utah Admin. Code R277-101-3 Public Participation

(1) The general public may attend meetings of the Board, unless a meeting is closed in accordance with Section 52-4- 204.

(2) The general public may speak to the Board regarding any issue when acknowledged and recognized by the Board Chair during scheduled public comment.

(a) The chair may give priority to an individual or group who submits a written request to address the Board prior to the meeting, including a brief description of the issue to be addressed.

(b) The Board may not take action during the public comment portion of a meeting.

(c) A Board member may request that an item raised during public comment be placed on a future agenda for possible action in accordance with Board bylaws.

(d)(i) The Chair may limit the time available for individual comments.

(ii) The Chair may request groups to designate a spokesperson.

(iii) The Board shall include in its meeting agenda the amount of time set aside for public comment and the restrictions on individual speakers or group spokespersons.

(3)(a) A member of the general public may speak to items on the agenda:

(i) during the time designated for public comment; or

(ii) at the discretion of and as invited by the Chair, when the item is properly before the Board or a committee.

(b) The Chair may request that public comment be provided in writing.

(4) All presentations to the Board or one of its committees shall exemplify courteous behavior and appropriate language.

(5) The Chair may invite additional comment to the Board or a committee in the Chair's discretion.

(6) In accordance with Subsection 52-4-202(6)(b), at the discretion of the Chair, the Board may discuss a topic raised by the public in an open meeting even if the item was not included in the public meeting notice.

(7) At the discretion of the Chair, a member of the public may request to comment in the committee meeting by raise of hand.

History

KEY: school boards, open government, electronic meetings
Date of Last Change: July 9, 2020
Notice of Continuation: August 6, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 52-4-1; 53E-3-401(4); 52-4-207

Utah Admin. Code R277-101-4 Electronic Meetings

(1) The Board may conduct electronic meetings in accordance with the requirements set forth in Subsection 52-4-207(3).

(2)(a) The Board may allow a member of the Board or member of the public to participate in a Board meeting electronically consistent with available equipment capability.

(b) The chair shall announce the participation of an individual participating in an electronic meeting and the Board secretary shall note the individual's participation in the meeting minutes.

(3) If the Board conducts an electronic meeting a quorum of the Board shall be present at a single anchor location for the meeting.

(4) Notwithstanding Subsection (3), the Board chair may waive the requirement that a quorum be present at a single anchor location in the event of a pandemic or other public emergency so long as a quorum is present, either physically at the anchor location, or electronically, for the meeting.

(5) If the Board conducts an electronic meeting, any member may participate and vote electronically, so long as the Board meets quorum requirements.

History

KEY: school boards, open government, electronic meetings
Date of Last Change: July 9, 2020
Notice of Continuation: August 6, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 52-4-1; 53E-3-401(4); 52-4-207

R277-102 Adjudicative Proceedings

Utah Admin. Code R277-102-1 Authority and Purpose

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests the general control and supervision of public education in the Board;

(b) Subsection 53E-3-401(4), which allows the Board to adopt rules in accordance with its duties and responsibilities under the Utah Constitution and state law; and

(c) Subsection 63G-4-102(6) which allows agencies to make rules regarding adjudicative proceedings in matters subject to UAPA.

(2) The purpose of this rule is:

(a) to specify how to conduct adjudicative proceedings in matters subject to UAPA;

(b) to provide for review of Board actions where no opportunity for administrative review is provided by law and where there is a compelling reason for administrative review to fully and fairly facilitate the Board's decision-making process; and

(c) to identify procedures the Board may apply when administrative review of a Board action is provided for by a law other than UAPA and the applicable law fails to identify procedures to be followed for the administrative review.

(3) This rule does not apply to actions for which separate adjudicative procedures are specifically provided for in statute, rule, or negotiated agreement.

(4) Nothing in this rule creates an independent basis for or requirement that the Board review a final Board action.

History

KEY: administrative procedures, rules and procedures
Date of Last Change: June 8, 2026
Notice of Continuation: April 2, 2026
Authorizing, and Implemented or Interpreted Law: 63G-4; 53E-3-401(4); Art X Sec 3

Utah Admin. Code R277-102-2 Definitions

(1) "Agency head" means the Board Chair.

(2) "Default" means the failure of a party to an administrative proceeding to meet the requirements or timelines of the proceeding.

(3) "Person" has the same meaning as set forth in Subsection 63G-4-103(1)(g).

(4)(a) "Presiding officer" has the same meaning as set forth in Subsection 63G-4-103(1)(h).

(b) The Board chair may designate an attorney who works for the Board or an Assistant Attorney General assigned to the Board to act as a presiding officer.

(5) "Utah Administrative Procedures Act" or "UAPA" means Title 63G, Chapter 4, Administrative Procedures Act.

History

KEY: administrative procedures, rules and procedures
Date of Last Change: June 8, 2026
Notice of Continuation: April 2, 2026
Authorizing, and Implemented or Interpreted Law: 63G-4; 53E-3-401(4); Art X Sec 3

Utah Admin. Code R277-102-3 Adjudicative Proceedings Subject to UAPA

(1) The Board shall conduct all requests for agency action as informal adjudicative proceedings under UAPA unless another statute or rule specifically designates the proceedings as formal.

(2) The presiding officer designated for a proceeding may convert an informal proceeding to a formal proceeding and vice versa as provided under Subsection 63G-4-202(3).

(3) A person seeking review of a Board action shall:

(a) submit a signed request for agency action in writing to the Board's secretary, which includes the information identified in Subsection 63G-4-201(3)(a);

(b) mail a copy of the request to each person known to have a direct interest in the request; and

(4) The agency head shall promptly review the request for agency action and shall notify the requesting party within 30 days in writing that:

(a) the request is granted and that the adjudicative proceeding is completed;

(b) the request requires further consideration, and an informal adjudicative proceeding will be conducted to review the matter; or

(c) the request requires further consideration and, if expressly required by law, a formal adjudicative proceeding will be conducted to review the matter.

(5) If the agency head determines a hearing will be held, whether formal or informal, the agency head:

(a) shall designate a presiding officer for the hearing; and

(b) may designate a hearing panel, consisting of the presiding officer and three Board members, to hear the evidence and make recommendations to the full Board.

(6) The agency head shall screen for conflicts of interest in making appointments under Subsection (5).

(7)(a) The presiding officer shall:

(i) chair the proceeding and make rulings on motions and evidentiary issues; and

(ii) if no panel is appointed, shall make all findings of fact, conclusions of law, and recommendations to the Board based on a preponderance of the evidence.

(b) If the agency head designates a hearing panel, the Board members on the hearing panel shall make all findings of fact, conclusions of law, and recommendations to the Board based upon a preponderance of the evidence.

(8)(a) The Superintendent shall make appropriate arrangements for an informal adjudicative proceeding including:

(i) determining the date of the hearing;

(ii) designating the hearing location and other necessary information; and

(iii) on a case by case basis, determine if an informal adjudicative proceeding may be held electronically.

(b) The Superintendent shall maintain a record of all aspects of an informal adjudicative proceeding.

(9)(a) The presiding officer shall establish timelines for the hearing and shall determine if a hearing is open or closed to the public consistent with the law.

(b) If the agency head determines that adjudicative proceedings are required, the presiding officer shall conduct a hearing within 90 days of receiving the request for agency action, unless the parties stipulate to a longer time period or the presiding officer grants a motion for a longer time period for good cause.

(10)(a) If the agency head determines the Board is legally required to provide a formal adjudicative proceeding or the presiding officer designates a proceeding as formal, the presiding officer shall conduct the proceedings in accordance with Sections 63G-4-204 through 63G-4-208.

(b) The presiding officer shall prescribe the means of discovery at the request of the parties to the extent necessary to allow all parties access to relevant evidence.

(11)(a) For both informal and formal adjudicative proceedings, the presiding officer shall have discretion in managing and making procedural and evidentiary decisions throughout the hearing process.

(b) In ruling on matters raised by the parties, the presiding officer may consider, but is not bound by, the Utah Rules of Evidence and the Utah Rules of Civil Procedure.

(12)(a) A presiding officer designated for a formal or informal adjudicative proceeding may recommend a default to the Board consistent with deadlines set by the presiding officer and Section 63G-4-209.

(b) A party in default may seek to have a default set aside consistent with Subsection 63G-4-209(3) and deadlines set by the presiding officer.

(13) The presiding officer and members of the panel may not discuss the hearing publicly until the Board discusses the panel recommendation in Board meeting.

(14) The presiding officer shall submit a written hearing report formalizing the hearing recommendation, to the Board and the parties, including findings of fact, conclusions of law, and recommended action for all informal and formal adjudicative proceedings within 20 calendar days of the conclusion of the hearing.

(15) The Board shall consider the recommendation submitted under Subsection (14) and within a reasonable time shall:

(a) approve the recommendation under Subsection (14); or

(b) issue an alternate written determination and action based on the findings of fact made in the hearing report, if the Board disagrees with the proposed outcome in the hearing report.

(16) The Board's decision is the final administrative decision on the issue, subject to a request for reconsideration applying the procedures of Section 63G-4-302.

(17) The Superintendent shall respond to any request for reconsideration in accordance with Subsection 63G-4-302(3).

History

KEY: administrative procedures, rules and procedures
Date of Last Change: June 8, 2026
Notice of Continuation: April 2, 2026
Authorizing, and Implemented or Interpreted Law: 63G-4; 53E-3-401(4); Art X Sec 3

Utah Admin. Code R277-102-4 Adjudicative Proceedings Not Subject to UAPA

(1) A person seeking review of a Board action not covered by UAPA shall submit a written request for review of agency action to the secretary of the Board in the same manner provided in Subsection R277-102-3(3).

(2) The agency head shall review the request for agency action in a timely manner and notify the requesting party within 30 days in writing:

(a) if the request is insufficient or untimely, that the request for review is denied; or

(b) if the request is sufficient and timely, that the Board will review the matter and which method the Board will use to conduct the review and make a final determination.

(3)(a) If a hearing is not expressly required by law, the Board may review a request for agency action under this Section R277-102-4 through a documentary review, including consideration of written information submitted by each of the parties.

(b) If the Board conducts a documentary review:

(i) the agency head will establish deadlines for document submission; and

(ii) the full Board will consider all documents submitted and issue a final administrative determination within 90 days of the request for agency action.

(4) If a hearing is expressly provided for by law or the agency head determines the matter will best be determined by a hearing, the agency head shall provide for an informal adjudicative proceeding as outlined in Section R277-102-3, except that provisions for reconsideration do not apply under this Section R277-102-4.

(5) In a request under this Section R277-102-4, a party may be found in default by the Board consistent with deadlines set by the agency head or the presiding officer.

History

KEY: administrative procedures, rules and procedures
Date of Last Change: June 8, 2026
Notice of Continuation: April 2, 2026
Authorizing, and Implemented or Interpreted Law: 63G-4; 53E-3-401(4); Art X Sec 3

R277-104 ADA Complaint Procedure

Utah Admin. Code R277-104-1 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; and

(c) 28 CFR 35.107 which adopts, defines, and publishes complaint procedures providing for prompt and equitable resolution of complaints filed in accordance with Title II of the Americans with Disabilities Act, as amended.

(2)(a) The purpose of this rule is to establish procedures for individuals to file complaints under the ADA and to provide appropriate classification of the records of complaints and appeals.

(b) A complaint filed by an employee of the Board is not subject to this rule, but is governed by Section R477-8-15.

History

KEY: complaints, disabled persons
Date of Last Change: May 23, 2023
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 28 CFR 35.107

Utah Admin. Code R277-104-2 Definitions

(1) "ADA" means the Americans with Disabilities Act, 42 U.S.C. 12201, including the ADA Amendments Act of 2008, Pub. L. No. 110-325, which provides that no qualified individual with a disability, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination.

(2) "Days" means calendar days.

(3) "Disability" means, with respect to an individual disability, a physical or mental impairment that substantially limits one or more of the major life activities of such an individual as defined in the ADA.

(4) "Major life activities" mean functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

(5) "Individual with a disability" or "individual" means a person who has a disability which limits a major life activity and who meets the essential eligibility requirement for the receipt of services or the participation in programs or activities.

History

KEY: complaints, disabled persons
Date of Last Change: May 23, 2023
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 28 CFR 35.107

Utah Admin. Code R277-104-3 Statement of Non-Discrimination

The Superintendent shall comply with the ADA in administering the services, programs, and activities of the Board.

History

KEY: complaints, disabled persons
Date of Last Change: May 23, 2023
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 28 CFR 35.107

Utah Admin. Code R277-104-4 Filing of Complaints

(1) An individual may file a complaint by submitting a claim with the Superintendent no later than 30 days from the date of the alleged act of discrimination.

(2) A complaint under Subsection (1) shall be made in writing or in another format reasonable for the individual and the Superintendent.

(3) Each complaint shall include:

(a) the individual's name and address;

(b) a description of the nature and extent of the individual's disability;

(c) a description of the alleged discriminatory action in sufficient detail to inform the Superintendent of the nature and date of the alleged violation;

(d) a description of the remedy or accommodation needed; and

(e) the signature of the individual or the individual's legal representative.

History

KEY: complaints, disabled persons
Date of Last Change: May 23, 2023
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 28 CFR 35.107

Utah Admin. Code R277-104-5 Action on Complaint

(1) The Superintendent shall investigate each complaint to the extent necessary to assure all relevant facts are determined and documented.

(2) The Superintendent may receive investigative assistance from:

(a) the Attorney General's office;

(b) the Department of Human Resource Management;

(d) Board staff.

(3)(a) The Superintendent shall notify a claimant of the Superintendent's decision in writing within 30 days of receiving a complaint.

(b) If additional time is necessary to reasonably investigate a complaint, the Superintendent shall notify the claimant in writing of:

(i) the reasons for the delay; and

(ii) a date certain by which a decision will be provided.

(4) Unless the claimant files a request for reconsideration under Section R277-104-6, the decision of the Superintendent is the final agency action.

History

KEY: complaints, disabled persons
Date of Last Change: May 23, 2023
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 28 CFR 35.107

Utah Admin. Code R277-104-6 Reconsideration

(1) A claimant may file a request with the Superintendent to reconsider a decision under Subsection R277-104-5(3) within ten days of the date of the Superintendent's decision.

(2) A request for reconsideration under Subsection (1) shall outline any error alleged in the Superintendent's decision, which warrants reconsideration of the Superintendent's proposed action.

(3) Following a request for reconsideration, the Superintendent may conduct additional investigation, if warranted.

(4) The Superintendent shall issue a final decision in writing within 30 days of a request for reconsideration under Subsection (1), which action shall be the final agency action.

History

KEY: complaints, disabled persons
Date of Last Change: May 23, 2023
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 28 CFR 35.107

Utah Admin. Code R277-104-7 Classification of Records

(1) The investigative record of each complaint and all written records produced or received as part of such investigations, recommendations, or actions, shall be classified as protected under Section 63G-2-305, until the Superintendent's action is final.

(2) The Superintendent shall classify any portion of a record which pertain to an individual's medical condition as private, in accordance with Subsection 63G-2-302(1)(b), or controlled, in accordance with Section 63G-2-304.

(3) The final written decision of the Superintendent shall be public, subject to Title 63G, Chapter 2, Government Records Access and Management Act.

History

KEY: complaints, disabled persons
Date of Last Change: May 23, 2023
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 28 CFR 35.107

Utah Admin. Code R277-104-8 Relationship to Other Laws

(1) This rule does not prohibit or limit the use of remedies available to an individual under:

(a) Title 67, Chapter 19a, Grievance Procedures;

(b) 28 CFR, Subpart F, Complaint Procedures; or

(c) any other Utah state or federal law that provides equal or greater protection for the rights of individuals with disabilities.

History

KEY: complaints, disabled persons
Date of Last Change: May 23, 2023
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 28 CFR 35.107

R277-107 Educational Services Outside of an Educator's Regular Employment

Utah Admin. Code R277-107-1 Authority and Purpose

(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;

(b) Subsection 53E-3-401(4), which permits the Board to adopt rules to carry out its duties and responsibilities under the Utah Constitution and state law; and

(c) Section 53E-3-512, which directs the Board to make rules that establish basic ethical conduct standards for employees who provide public education-related services or activities outside of their regular employment.

(1) The purpose of this rule is to provide direction and parameters for employees who provide or participate in public education-related services or activities outside of their regular public education employment.

(2) The Board recognizes that public school educators have expertise and training in various subjects and skills and should have the opportunity to enrich the community with their skills and expertise while still respecting the unique public trust that public educators have.

History

KEY: school personnel
Date of Last Change: March 14, 2023
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-512; 53E-3-401(4)

Utah Admin. Code R277-107-2 Definitions

(1) "Activity sponsor" means a private or public individual or entity that employs an employee in any program in which public school students participate.

(2) "Extracurricular activity" means an activity for students recognized or sanctioned by an LEA, which may supplement or complement, but is not part of, the LEA's required program or regular curriculum.

(3) "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

(4) "Public education employee" or "employee" means a person who is employed on a full-time, part-time, or contract basis by an LEA.

(5)(a) "Private, but public education-related activity" means any type of activity for which:

(i) a public education employee receives compensation; and

(ii) the principle clients are students at the school where the employee works.

(b) "Private, but public education-related activity" may include:

(i) tutoring;

(ii) lessons;

(iii) clinics;

(iv) camps; or

(v) travel opportunities.

History

KEY: school personnel
Date of Last Change: March 14, 2023
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-512; 53E-3-401(4)

Utah Admin. Code R277-107-3 LEA Relationship to Activities Involving Educators

(1) An LEA may sponsor extracurricular activities or opportunities for students.

(2) Extracurricular activities are subject to:

(a) school fee laws and rules, including the provisions of R277-407;

(b) fee waivers;

(d) all other applicable laws and rules.

(3) An employee that participates in a private, but public education-related activity, is subject to the following requirements:

(a) An employee's participation in the activity shall be separate and distinguishable from the employee's public employment;

(b) An employee may not, in promoting private, but public education-related activity:

(a) contact students at a public school, except as permitted by this rule; or

(b) use education records, resources, or information obtained through the employee's public employment unless the records, resources, or information are readily available to the general public.

(4) An employee may not use school time to discuss, promote, or prepare for:

(a) a private activity; or

(b) a private, but public education-related activity.

(5) An employee may:

(a) offer private, but public education-related services, programs or activities to students provided that they are not advertised or promoted by the employee during school time;

(b) discuss a private, but public education-related activity with students or parents outside of the classroom and the regular school day;

(d) use student or school publications in which commercial advertising is allowed, to advertise and promote the activity.

(6) An employee may not condition credit and participation in a public school program or activity on a student's participation in such activities as clinics, camps, private programs, or travel activities, which are not equally and freely available to all students.

(7) No employee may state or imply to any person that participation in a regular school activity or program is conditioned on participation in a private activity.

(8) No provision of this rule shall preclude a student from requesting or petitioning an LEA for approval of credit based on an extracurricular educational experience consistent with LEA policy.

History

KEY: school personnel
Date of Last Change: March 14, 2023
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-512; 53E-3-401(4)

Utah Admin. Code R277-107-4 Advertising

(1) An employee may purchase advertising space to advertise an activity or service in a publication, whether or not sponsored by the public schools, that accepts paid or community advertising.

(2) A paid advertisement in a school publication may identify the activity, participants, and leaders or service providers by name, provide non-school contact information, and provide details of the employee's employment experience and qualification.

(3) An employee may post or distribute posters or brochures in the same manner as could be done by a member of the general public, advertising private services, consistent with LEA policy.

(4) Unless an activity is sponsored by the LEA, a paid advertisement in a school publication shall state clearly and distinctly that the activity is NOT sponsored by the LEA.

(5) The name of an LEA may not be used in an advertisement unless the LEA's name relates to the employee's employment history or if school facilities have been rented for the activity.

(6) If the name of an employee offering a service or participating in an activity is stated in any advertisement sent to the employee's students, or is posted, distributed, or otherwise made available in the employee's school, the advertisement shall state that the activity is not school sponsored.

History

KEY: school personnel
Date of Last Change: March 14, 2023
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-512; 53E-3-401(4)

Utah Admin. Code R277-107-5 Public Education Employees

(1) A public education employee shall comply with Title 63G, Chapter 6a, Utah Procurement Code.

(2) A public education employee shall comply with Title 67, Chapter 16, Public Officers' and Employees' Ethics Act.

(3) Except as provided in Subsection (4), consistent with Section 63G-6a-2404 and Title 67, Chapter 16, Public Officers' and Employees' Ethics Act, a public education employee may not solicit or accept gifts, incentives, honoraria, or stipends from private sources:

(a) for the employee's personal or family use;

(b) in exchange for payment for advertising placed by the employee; or

(c) in exchange for payment for securing agreements, contracts or purchases between private company and public education employer, programs or teams.

(4) A public education employee may accept a gift, incentive, honoraria, or stipend from a private source if the gift, incentive, honoraria, or stipend is:

(a) of nominal value and is for birthdays, holidays, or teacher appreciation occasions; or

(b) a public award in recognition of public service; and

(5) A public education employee who holds a Utah educator license may be subject to license discipline for violation of this Rule R277-107 and related provisions of Utah law.

History

KEY: school personnel
Date of Last Change: March 14, 2023
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-512; 53E-3-401(4)

Utah Admin. Code R277-107-6 Public Education Employee/Sponsor Agreements or Contracts

(1) An agreement between an employee and a sponsor of a private, but public education-related activity shall be signed by the employee and include the following acknowledgments:

(a) the parties understand that the activity is not sponsored by an LEA;

(b) the employee's responsibilities to the activity sponsor are outside the scope of and unrelated to any public duties or responsibilities the employee may have as a public education employee; and

(c) the employee agrees to comply with laws and rules of the state and policies regarding advertising and employee participation.

(2) An employee shall provide the LEA business administrator, superintendent, or charter school director with a signed copy of all contracts between the employee and a sponsor of a private, but public-education related activity.

(3) An LEA shall maintain a copy of a contract described in Subsection (2) in the employee's personnel file.

History

KEY: school personnel
Date of Last Change: March 14, 2023
Notice of Continuation: March 14, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-512; 53E-3-401(4)

R277-108 Annual Assurance of Compliance by Local School Boards

Utah Admin. Code R277-108-1 Authority, Purpose, and Oversight Category

(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; 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 and allows the Board to interrupt disbursements of state aid to any district which fails to comply with rules adopted in accordance with the law.

(2) The purpose of this rule is to provide local school boards with a checklist of laws requiring local school board action and a means of assuring that local boards are in compliance.

(3) This Rule R277-108 is categorized as Category 3 as described in Rule R277-111.

History

KEY: local school boards, compliance, assurances
Date of Last Change: June 7, 2024
Notice of Continuation: December 13, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-108-2 Definitions

"Assurance document" or "checklist" means the Annual Assurances of Compliance checklist incorporated by reference in Section R277-108-3.

History

KEY: local school boards, compliance, assurances
Date of Last Change: June 7, 2024
Notice of Continuation: December 13, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-108-3 Incorporation of Annual Assurances of Compliance

(1) This rule incorporates by reference the Local Education Agency (LEA) Compliance and Assurance Checklist for 2024-2025 School Year, which lists the required state and federal compliance information for identified programs and funds, including:

(a) Board Rule;

(b) State statute;

(d) Federal Law.

(2) A copy of the current Annual Assurances of Compliance List is located at:

(a) https://schools.utah.gov/administrativerules/documentsincorporated; and

(b) the Utah State Board of Education - 250 East 500 South, Salt Lake City, Utah 84111.

History

KEY: local school boards, compliance, assurances
Date of Last Change: June 7, 2024
Notice of Continuation: December 13, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-108-4 Assurance Document Creation and Availability

(1) The Superintendent shall provide a checklist of laws and State Board of Education Administrative Rules which require action or compliance by June 1 of each year to school district superintendents, the superintendent for the Utah School for the Deaf and the Blind and charter school directors.

(2) The checklist described in Subsection (1) shall be approved by the Board and shall identify laws and rules along with required compliance dates and reporting forms, if different or necessary than or in addition to the annual assurance document.

(3) The Superintendent shall consolidate all required reporting and compliance forms and provide for electronic reporting, to the extent possible and ensure the assurance document is available publicly.

History

KEY: local school boards, compliance, assurances
Date of Last Change: June 7, 2024
Notice of Continuation: December 13, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-108-5 Process, Procedures, and Penalties

(1) An LEA shall submit the required annual responses to the assurance document and other compliance forms on or before dates identified by the Board.

(2) An LEA's assurance document shall contain a signed attestation by the appropriate authority attesting to the accuracy and validity of all responses and assurances provided by an LEA.

(3) If an LEA cannot provide required assurances, compliance information or forms by required dates, an LEA shall provide to the Superintendent a written explanation of the LEA's inability and provide an anticipated submission date.

(4) An LEA's request for additional time to provide the assurance shall be reviewed by the Superintendent and accepted or rejected in a timely manner.

(5) The Superintendent shall request a written explanation from an LEA and identified schools that fail to meet the reporting and compliance deadlines and that have not provided an explanation and request for a delayed submission date.

(6) Following an opportunity to provide explanations and request a delayed submission date, an LEA and identified schools shall be notified of penalties assessed by the Board against the LEA in accordance with Rule R277-114, state law, or federal law.

History

KEY: local school boards, compliance, assurances
Date of Last Change: June 7, 2024
Notice of Continuation: December 13, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-108-6 Reporting Deadlines

Responses for the assurance document from an LEA are due to the Superintendent no later than July 1 of each year.

History

KEY: local school boards, compliance, assurances
Date of Last Change: June 7, 2024
Notice of Continuation: December 13, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-108-7 Record Retention

Responses to the assurance document, as required by the Board, shall be kept on file by the Superintendent for five years, together with letters of explanation and documentation of penalties, as directed by the Board.

History

KEY: local school boards, compliance, assurances
Date of Last Change: June 7, 2024
Notice of Continuation: December 13, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

R277-110 Educator Salary Adjustment

Utah Admin. Code R277-110-1 Authority, Purpose, and Oversight Category

(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; and

(c) Subsection 53F-2-405(5), which authorizes the Board to make rules to administer the educator salary adjustment program.

(2) The purpose of this rule is to outline a consistent method for enacting educator salary adjustments in accordance with Section 53F-2-405.

(3) This Rule R277-110 is categorized as Category 2 as described in Rule R277-111.

History

KEY: educators, salary adjustments
Date of Last Change: October 8, 2024
Notice of Continuation: April 15, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-405(5)

Utah Admin. Code R277-110-2 Definitions

(1) "Educator" has the same meaning as defined in Subsection 53F-2-405(1).

(2) "Educator Salary Adjustment" or "Adjustment" means funds allocated by the Board to an LEA in accordance with Subsection 53F-2-405(3).

(3) "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

(4) "USIMS" has the same meaning as defined in Subsection R277-312-2(6).

History

KEY: educators, salary adjustments
Date of Last Change: October 8, 2024
Notice of Continuation: April 15, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-405(5)

Utah Admin. Code R277-110-3 Procedures

(1) An LEA shall:

(a)(i) have employee evaluation procedures consistent with Title 53G, Chapter 11, Part 5, School District and Utah Schools for the Deaf and the Blind Employee Requirements; or

(ii) if an LEA is exempt from the requirements of Subsection (1)(a)(i), have employee evaluation procedures in place to receive funds under Section 53F-2-405;

(b) put the adjustment appropriation into the LEA's salary schedule each year that funds are appropriated by the Legislature;

(d) ensure that each eligible employee who is not a full-time educator receives a proportional salary adjustment based on the number of hours the employee works in the employee's current assignment as an educator; and

(e) ensure that each educator who receives an adjustment has not received an unsatisfactory rating on the educator's three most recent evaluations as described in Subsection 53F-2-405(4)(c).

(2) Notwithstanding Subsection (1)(e), an LEA may grant an adjustment to a new hire who has successfully completed the position hiring process and been selected for an educator position.

(3) Once an educator qualifies for an adjustment in a designated school year, the adjustment becomes an ongoing part of the educator's salary.

(4)(a) Beginning July 1, 2023, an educator shall receive at least the amount described in Subsection 53F-2-405(4)(a) for the educator salary adjustment.

(b) Beginning July 1, 2024, an educator shall receive an annual adjustment of an amount equal to the amount described in Subsection 53F-2-405(4)(d) based upon legislative funding allocations.

(c) The Superintendent shall distribute funds to LEAs for the educator salary adjustment based on LEA educator data submitted by October 15.

(d) An LEA may be required to provide funding to meet benefit costs for educators under this program.

(5) A school building level administrator shall receive an annual adjustment of $2,500 and benefits as provided in Subsection 53F-2-405(7).

(6) Each LEA shall annually note on the appropriate salary schedule:

(a) the amount of the educator salary adjustment;

(b) the positions qualifying for the adjustment; and

(7) Each LEA shall annually maintain record of performance ratings for an educator receiving an adjustment in accordance with this rule.

(8)(a) The Superintendent shall remit to LEAs an estimated educator salary adjustment allotment through monthly bank transfers and allotment memos beginning in July of each year.

(b) The Superintendent shall adjust the allotment amount in November of each year to match the number of qualified educators in CACTUS or USIMS.

(9) An adjustment to CACTUS or USIMS made after October 13 may not count toward an LEA's amount for educator salary adjustments until the following year.

(10) An LEA may not include educator salary adjustments when calculating the weighted average compensation adjustment for non-administrative licensed staff.

(11) For purposes of ensuring that an LEA may not reduce or artificially limit an educator's salary to convert the salary supplement in this section into a windfall to the LEA as required in Section 53F-2-405 an LEA shall:

(a) increase the total wage compensation of each educator, including salary and stipends, by at least $4,200, from the educator's compensation in fiscal year 2022-23; and

(b) appropriately code educator salary and payroll provided through the educator salary adjustment to the educator salary adjustment program code in accordance with Rule R277-113 and the LEA's program accounting policy.

History

KEY: educators, salary adjustments
Date of Last Change: October 8, 2024
Notice of Continuation: April 15, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-405(5)

R277-114 Oversight, Accountability, and Compliance to Promote General Control and Supervision, Academic Excellence, and Student Protection and Safety

Utah Admin. Code R277-114-1 Authority and Purpose

(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;

(b) Subsection 53E-3-401(4) and (8) which allow the Board to adopt rules in accordance with its responsibilities;

(i) administer programs assigned to the Board in accordance with the policies and the standards established by the Board; and

(ii) investigate matters pertaining to public schools;

(d) Section 53F-1-104 which requires the Superintendent to monitor state-funded education programs;

(e) Section 53-22-109 which requires the Board to collaborate with the State Security Chief to address school safety related compliance; and

(f) Subsection 63I-5-201(4) which requires the Board to establish an internal audit program to provide internal audit services, inclusive of evaluating the effectiveness of internal controls, for provisions administered by the Board.

(2) The purpose of this rule is to establish standards and procedures to ensure oversight, accountability, transparency, and compliance and to promote academic excellence.

History

KEY: monitoring, corrective action, oversight
Date of Last Change: February 9, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-401(8); 53E-3-301; 53F-1-104; 63G-7-301

Utah Admin. Code R277-114-2 Definitions

(1) "Internal control system" means the actions the Superintendent develops and establishes through policies, procedures, and rule to mitigate risks to achieving the Board's objectives to acceptable levels.

(2) " Monitor" means activities established by the Superintendent to monitor the internal control system, LEA compliance, and evaluate the results.

(3) "Provision" means a public education requirement or set of requirements in:

(a) federal law;

(b) state law;

(d) board rule.

(3) "Recipient" means an LEA, school, or subrecipient.

(4) "Risk" means the possibility that an event will occur and adversely affect or prevent the achievement of, and compliance with, a provision.

(5) "Risk Assessment" means the systematic process of identifying, analyzing, and responding to internal and external risks related to a provision.

History

KEY: monitoring, corrective action, oversight
Date of Last Change: February 9, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-401(8); 53E-3-301; 53F-1-104; 63G-7-301

Utah Admin. Code R277-114-3 Superintendent Responsibilities

(1) The Superintendent shall monitor internal controls and recipient to ensure the Board's general control and supervision.

(2) Monitoring includes:

(a) tracking systems;

(b) relevant documentation; and

(2) The Superintendent shall provide a summary report quarterly to the Board on the development and effectiveness of internal control systems.

(3) A recipient shall comply in a timely manner with requests to provide accurate and complete information to comply with this rule.

(4)(a) The Superintendent shall prioritize coordination and collaboration with an LEA or recipient to resolve issues and to promote voluntary compliance when possible.

(b) Such collaboration does not diminish or limit the constitutional and statutory authority of the Board or the Superintendent to act independently in determining, issuing, and monitoring a corrective action plan to ensure timely resolution of identified matters.

(5) Nothing in this rule shall excuse LEA noncompliance with any federal law, state law, or Board rule.

History

KEY: monitoring, corrective action, oversight
Date of Last Change: February 9, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-401(8); 53E-3-301; 53F-1-104; 63G-7-301

Utah Admin. Code R277-114-4 Corrective Action Plans

(1) The Superintendent may place a recipient on a corrective action plan when a recipient:

(a) where applicable, does not demonstrate satisfactory progress or outcomes as described by the provision;

(b) is noncompliant with federal or state law, Board rule, program requirements, fiscal requirements, or other applicable standards of professional, fiduciary, or supervisory conduct required under Board rule or law;

(c) fails to comply in a timely manner with requests to provide accurate and complete information required under this rule or other Board directives;

(d) engages in fraud, waste, abuse, or other misuse of funds or resources; or

(e) engages in alleged actions that cause significant risk to the Board.

(2) The Superintendent shall clearly outline in a corrective action plan:

(a) the reason for the corrective action plan, including the provision at issue;

(b) related and relevant documentation obtained or generated as part of the monitoring process;

(d) specific conditions to be met to resolve identified issues;

(e) a procedure for communication during the course of resolving the corrective action, including:

(i) designation of a primary contact of the recipient;

(ii) a schedule for the frequency of updates provided by the contact;

(iii) the format of required updates; and

(iv) the designated recipient of the updates;

(f) a procedure to close the corrective action, including:

(i) designation of an individual authorized to close the corrective action;

(ii) the criteria for closing the corrective action;

(iii) an estimated schedule for closing the corrective action; and

(iv) how the authorized individual will communicate closure to the recipient; and

(g) notice of the option for appeal as described in Section R277-114-6.

(3) The specific conditions described in Subsection (2)(d) may include:

(a) requiring payments as reimbursements rather than advance payments;

(b) withholding authority to proceed to the next step until receipt of evidence of acceptable performance is provided;

(d) requiring an extension of the existing monitoring plan or the implementation of a revised monitoring plan;

(e) requiring the recipient to obtain technical or management assistance; or

(f) other appropriate requirements that include adequate notice to recipient.

(4) A corrective action plan may also include a provision and a timeline for:

(a) periodic meetings between a recipient administrator or governing board member and the Superintendent or the Superintendent's designee;

(b) planned appearances before the Board or Superintendent to provide status updates; and

(5) In creating a corrective action plan, the Superintendent may provide technical support to assist the recipient to achieve compliance and performance.

(6) The Superintendent may include penalties for noncompliance with a corrective action plan in accordance with Subsection 53E-3-401(8).

(7)(a) All corrective action plans shall be reviewed and approved by the Superintendent or designee before finalization and issuance.

(b) If a corrective action plan includes financial noncompliance or conditions related to fiscal oversight, the corrective action plan shall be reviewed by the Deputy Superintendent of Operations or the Assistant Superintendent of Operations.

(8)(a) The Superintendent shall provide written notice of the corrective action plan to the recipient's chief administrator and the chair, or equivalent presiding officer, of the recipient's governing board.

(b) If additional administrators or board members are designated in writing by the recipient as points of contact for such matters, notice shall also be provided to those individuals.

(c) If one or more required recipients cannot reasonably be identified or contacted, delivery to the recipient's central administrative office or official email address shall constitute sufficient notice.

(10) The Superintendent shall also provide the written notice of the corrective action plan to:

(a) the Board; and

(b) internal controls.

(11) Internal controls, under the direction of the Superintendent, shall maintain a centralized tracking system of corrective action plans which shall be implemented by USBE to ensure consistency of internal processes, predictability to recipients, and increased transparency.

(12) The tracking system shall:

(a) be updated upon issuance of a corrective action plans;

(b) record progress and completion of corrective actions; and

(13) If a recipient placed on a Corrective Action Plan for violations of school safety law as outlined in Sections 53-22- 101 through 53-22-109 fails to comply with the conditions outlined in the corrective action plan within the specified timeframe, the Superintendent shall provide notice to the State Security Chief and may refer the matter for further review or action as deemed appropriate.

History

KEY: monitoring, corrective action, oversight
Date of Last Change: February 9, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-401(8); 53E-3-301; 53F-1-104; 63G-7-301

Utah Admin. Code R277-114-5 Review and Appeals Committee and Duties

(1) Board leadership shall select a five-member Review and Appeals Committee.

(2) Board leadership shall select a chair and vice-chair for the Committee.

(3) Committee Duties:

(a) The Committee shall review and may take action on:

(i) appeals regarding corrective action plans as outlined in Section R277-114-5-6;

(ii) referrals made by Board leadership;

(iii) referrals from the Superintendent; or

(iv) referrals from the Audit Committee.

(b) Upon referral to the Committee, the Committee shall, as appropriate:

(i) review allegations or findings of noncompliance of an LEA or recipient corrective action plan;

(ii) review a corrective action plan issued by the Superintendent;

(iii) review supporting documentation and data that demonstrate ongoing noncompliance; and

(iv) review other relevant materials, as well as aggravating and mitigating factors.

(i) additional information, materials, or records from the recipient; and

(ii) the recipient or recipient's representative to appear before the Committee to provide responses as requested and consistent with Title 52, Chapter 4, Open and Public Meetings Act;

(d) review matters referred to the Committee by the Board, Board leadership, or the Superintendent.

(5) Following review, the Committee may make any of the following recommendations:

(a) request the Superintendent to strengthen, modify or expand an existing corrective action plan;

(b) recommend that the Superintendent or Internal Audit conduct additional inquiry, risk assessment, or monitoring;

(d) request that an item be placed on the Board agenda; or

(e) other action consistent with the law and Board by-laws and policies.

(6) Any action recommended or taken by the Committee is subject to full Board approval, consistent with actions by all Board committees.

(7)(a) Discussion and actions by the Committee and subsequent Board discussion and decisions shall be consistent with Board By-laws and policies;

(b) If the Committee holds an open and public meeting it shall comply with Title 52, Chapter 4, Open and Public Meetings Act.

History

KEY: monitoring, corrective action, oversight
Date of Last Change: February 9, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-401(8); 53E-3-301; 53F-1-104; 63G-7-301

Utah Admin. Code R277-114-6 Corrective Action Plan Appeals

(1) A recipient may appeal a corrective action plan within 14 business days after receipt of the plan, amendment to a plan, or a proposed closure to the plan, to the Board secretary, on any of the following grounds:

(a) the basis or reason the Superintendent identified for imposing the corrective action plan;

(b) one or more requirements contained in the corrective action plan; or

(2) The appeal shall:

(i) identify the specific plan provisions or implementation actions at issue;

(ii) include any supporting documentation; and

(iii) state the relief requested.

(3) Except for corrective action subject to 34 CFR 76.783, the Board shall refer the matter to the Board Review and Appeals Committee (the Committee).

(4) The Committee shall provide information to the appellant regarding the procedures and timeline for an appeal no later than 10 days following the Committee's receipt of the appeal request.

(5) The Committee shall review the appeal and:

(a) recommend changes to the corrective action plan;

(b) refer the matter to internal audit; or

(6)(a) Appeals under this section are conducted pursuant to Rule R277-102 to the extent applicable.

(b) If a procedure is not specified in this rule, the Board may establish reasonable procedures consistent with Rule R277-102.

(7) The appeal shall be decided on the written record, unless the Board or its designee authorizes additional submissions or a limited hearing for good cause.

(8) The Committee may select a hearing officer to facilitate the appeal.

(9) All Committee discussions shall be conducted consistent with Title 52, Chapter 4, Open and Public Meetings Act.

(10) The Committee shall submit a recommendation to the Board regarding an appeal no more than 30 days following the referral to the Committee.

(11) The Board shall take final action on the Committee's recommendation as soon as possible but no later than 60 days following receipt of the Committee's recommendation.

(a) The Board's review of the Committee's recommendation shall be based solely on the Committee's record of the appeal.

(b) The Board's action on the Committee's recommendation is the final administrative action for a corrective action plan appeal.

History

KEY: monitoring, corrective action, oversight
Date of Last Change: February 9, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-401(8); 53E-3-301; 53F-1-104; 63G-7-301

Utah Admin. Code R277-114-7 Relationship to State Security Chief

(1) Pursuant to Section 53-22-102, the State Security Chief holds statutory responsibilities for statewide coordination of school safety.

(2) Nothing in this rule shall be construed to limit, expand, or otherwise alter the statutory powers and duties of the State Security Chief.

(3) The Board affirms its constitutional delegation of authority in the area of public education and school safety, including oversight, compliance, and rulemaking, and shall exercise that authority in coordination with the State Security Chief as provided by law.

(4) Local education agencies shall comply with both:

(a) directives and requirements of the State Security Chief made pursuant to state law; and

(b) rules and policies adopted by the Board under its constitutional and statutory authority.

History

KEY: monitoring, corrective action, oversight
Date of Last Change: February 9, 2026
Notice of Continuation: August 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-401(8); 53E-3-301; 53F-1-104; 63G-7-301

R277-115 LEA Supervision and Monitoring Requirements of Third Party Providers and Contracts

Utah Admin. Code R277-115-1 Authority, Purpose, and Oversight Category

(1) This rule is authorized by:

(a) 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; and

(b) Subsection 53E-3-401(10), which allows the Board to direct an LEA to require in a contract with a third party provider that the third party provider shall provide, upon request of the LEA, information necessary for the LEA to verify that the educational good or service complies with:

(i) Titles 53E, 53F, and 53G; and

(ii) Board rule.

(2) The purpose of this rule is to provide standards for an LEA working with a third party provider to ensure the third party provider complies with applicable law.

(3) This Rule R277-115 is categorized as Category 2 as described in Rule R277-111.

History

KEY: third party providers, contracts, monitoring
Date of Last Change: July 9, 2024
Notice of Continuation: May 10, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4) and (10)

Utah Admin. Code R277-115-2 Definitions

(1) "Educational good or service" means the same as that term is defined in Section 53E-3-401.

(2) "Education service provider" means a third party provider that provides academic instruction to students that yields grades or credit.

(3) "Section 504" means Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794.

(4) "Third party provider" means a third party who provides an educational good or service on behalf of an LEA.

History

KEY: third party providers, contracts, monitoring
Date of Last Change: July 9, 2024
Notice of Continuation: May 10, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4) and (10)

Utah Admin. Code R277-115-3 LEA Requirements of Education Service Providers

(1) An LEA shall ensure that each staff member of an education service provider:

(a) receives a background check and has ongoing monitoring in accordance with Title 53G, Chapter 11, Part 4 Background Checks; and

(b) holds appropriate license, license areas of concentration, and endorsements as set forth in Rule R277-309.

(2) An LEA shall ensure that a student identified as having a disability under the IDEA or Section 504 receiving instruction from an education service provider receives a free and appropriate public education.

(3) An LEA shall require each education service provider provide the LEA with information about any student receiving services that the education service provider suspects of having a disability, so that the LEA can conduct child find responsibilities under the IDEA.

(4)(a) An LEA shall register all students receiving services from an education service provider.

(b) An education service provider may not enroll or register a student at an LEA.

(5) An LEA shall pay an education service provider on a reimbursement basis.

(6) An LEA shall:

(a) ensure appropriate coding of expenditures to an education service provider for IDEA services; and

(b) ensure that expenditures classified under Subsection (a) are reportable to the LEA and the Superintendent.

(7) An LEA may not record education service provider staff as teachers with an assignment in CACTUS or USIMS.

(8) An LEA may not utilize or encumber WPU funds for students receiving services from education service providers for expenses or projects that span longer than the length of the LEA's contract with the provider, including termination clauses.

History

KEY: third party providers, contracts, monitoring
Date of Last Change: July 9, 2024
Notice of Continuation: May 10, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4) and (10)

Utah Admin. Code R277-115-4 Third Party Provider Provision of Services

(1) An LEA that contracts with a third party provider to provide an educational good or service on behalf of the LEA shall:

(a) require in the LEA's contract with a third party provider that the third party provider shall provide, upon request of the LEA, information necessary for the LEA to verify that the educational good or service complies with:

(i) Titles 53E, 53F, and 53G; and

(ii) Board rule;

(b) establish monitoring and compliance procedures to ensure that a third party provider who provides educational services to a student on behalf of the LEA complies with this rule;

(d) ensure the third party provider is complying with:

(i) federal law;

(ii) state law; and

(iii) Board rules;

(e) monitor and supervise all activities of the third party provider related to the educational good or service provided by the third party provider to the LEA;

(f) maintain documentation of the LEA's supervisory activities consistent with the LEA's administrative records retention schedule; and

(g) review the plan described in Subsection (c) and any documentation of supervisory activities with the LEA's audit committee no less than annually.

(2) An LEA shall:

(a) verify the accuracy and validity of a student's enrollment verification data, before enrolling a student in the LEA; and

(b) provide a student and the student's parent or guardian with notification of the student's enrollment in a school or program within the LEA.

(3) In accordance with Section 63A-12-103, an LEA shall maintain records documenting:

(a) services provided by third party providers; and

(b) payments made to third party providers.

(4) In the event an LEA cancels a contract with an educational service provider, the LEA shall:

(a) continue to provide educational goods or services to enrolled students for the rest of the school year; and

(b) notify parents of the following information:

(i) the planned elimination of the specific educational good or service provided by the educational service provider;

(ii) the status of the student's enrollment; and

(iii) any steps required of a student to transfer or unenroll.

(5) When an LEA terminates a contract with an educational service provider, the LEA may incur a loss of hold harmless funds for the loss in student count the next fiscal year.

(6) An LEA has direct and full responsibility for all actions of its third party providers and the third party provider's employees for actions performed in the scope of services provided on behalf of the LEA.

History

KEY: third party providers, contracts, monitoring
Date of Last Change: July 9, 2024
Notice of Continuation: May 10, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4) and (10)

Utah Admin. Code R277-115-5 Corrective Action

The Board or the Superintendent may withhold funds or require an LEA to repay public funds to the Superintendent if:

(1) the LEA fails to comply with this rule or the law; and

(2) the repayment is made in accordance with the procedures established in Rule R277-114.

History

KEY: third party providers, contracts, monitoring
Date of Last Change: July 9, 2024
Notice of Continuation: May 10, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4) and (10)

R277-120 Licensing of Material Developed with Public Education Funds

Utah Admin. Code R277-120-1 Authority and Purpose

(1) This rule is authorized by:

(a) Article X, Section 3 of the Utah Constitution, 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; and

(c) Subsection 53E-3-501(1)(e)(i), which directs the Board to encourage school productivity and cost effectiveness measures.

(2) The purpose of this rule is to:

(a) establish requirements for licensing of courseware and materials produced with public education funds; and

(b) promote a policy that education materials produced with public funds be openly, publicly, and freely accessible for use by others.

History

KEY: licensing, materials
Date of Last Change: October 11, 2022
Notice of Continuation: August 14, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-501(1)(e)(i)

Utah Admin. Code R277-120-2 Definitions

(1)(a) "CC-BY license" means a copyright license developed by Creative Commons, which allows other users to:

(i) copy and redistribute the material in any medium or format; and

(ii) remix, transform, and build upon the material.

(b) Under a CC-BY license, a licensee may share the materials in any manner, including commercially.

(i) give appropriate credit to the licensor;

(ii) provide a link to the license; and

(iii) indicate if the licensee made changes to the licensor's work.

(2) "Public education materials" means courseware and materials developed with public education funds and includes:

(a) syllabi;

(b) instructional materials;

(d) textbooks, including teacher's editions;

(e) student guides;

(f) supplemental materials;

(g) formative and summative assessment supports;

(h) laboratory activities;

(i) simulations;

(j) musical or dramatic compositions;

(k) audio, video or photographic material;

(l) manuals;

(m) codes; and

(n) software.

(3) "Sensitive materials" means the same as the term is defined in Subsection 53G-10-103(1)(g).

(4) "Utah Education Network" or "UEN" means an online education materials resource maintained by the Utah Education and Telehealth Network offering services to educators and students throughout the state of Utah.

History

KEY: licensing, materials
Date of Last Change: October 11, 2022
Notice of Continuation: August 14, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-501(1)(e)(i)

Utah Admin. Code R277-120-3 Public Education Materials Funded by the Board

(1) The Superintendent shall share public education materials developed with funds controlled by the Board under a CC-BY license.

(2) The Superintendent shall share materials developed in accordance with Subsection (1) through UEN, where appropriate, or through other appropriate means of making public education materials available to educators and the public.

(3)(a) An individual or entity that shares or adapts public education materials identified in Subsection (1) shall:

(i) provide attribution to the Board;

(ii) provide a link to the license; and

(ii) indicate if any changes were made to the original materials.

(b) An individual or entity may make attribution in any reasonable manner, but not in any way that implies the Board endorses any adaptation of the materials without express authorization of the Board.

(4) The Superintendent may request a copy of shared or adapted public education materials be provided to the Board.

(5) If an employee of the Board develops public education materials as part of the employee's employment, the public education materials shall be the property of the Board, subject to licensing in accordance with Section R277-120-3.

(6) An individual or entity may not develop sensitive materials using public funds.

History

KEY: licensing, materials
Date of Last Change: October 11, 2022
Notice of Continuation: August 14, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-501(1)(e)(i)

Utah Admin. Code R277-120-4 Public Education Materials Funded by an LEA

(1) An LEA shall develop and maintain a policy regarding public education materials developed with the LEA's funds.

(2) A policy developed in accordance with Subsection (1) shall identify:

(a) whether the LEA will share public education materials with a CC-BY license or another license approved by the LEA's governing board;

(b) whether use of LEA developed public education materials will require attribution to the LEA;

(d) whether the LEA reserves the right to review and approve materials developed by employees on contract time; and

(e) whether the LEA restricts employees from sharing materials purchased with LEA funds or specifically licensed for LEA use.

(3) A policy developed under Subsection (1) shall prohibit the development of sensitive materials with public funds.

(4) An LEA may not charge an educator in a Utah public school for use of materials developed with LEA funds.

History

KEY: licensing, materials
Date of Last Change: October 11, 2022
Notice of Continuation: August 14, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-501(1)(e)(i)

Utah Admin. Code R277-120-5 Classroom Materials Developed by Utah Educators

(1)(a) A public education employee may not sell public education materials developed in whole or in part with funds from the Board or an LEA.

(b) If a public education employee sells public education materials subject to Subsection (1)(a) for personal gain, the employee may be subject to Section 67-16-4.

(2) An LEA may review and approve materials developed by educators on contract time consistent with a policy adopted in accordance with Subsection R277-120-4(1).

(3)(a) A Utah licensed educator need not seek permission from the educator's LEA to share classroom materials developed using the educator's personal time and resources.

(b) An educator may share materials developed in accordance with Subsection (3)(a) through a CC-BY license.

(4)(a) A Utah licensed educator may only share materials that are consistent with the Utah Professional Educator Standards contained in Rule R277-217.

(b) An educator may not share materials that advocate illegal activities or materials that are inconsistent with the educator's legal and role model responsibilities.

(5) The Superintendent may offer professional development programs that offer support, guidance, and instruction to educators who wish to create, use, or continuously improve public education materials shared in accordance with this Rule R277- 120.

History

KEY: licensing, materials
Date of Last Change: October 11, 2022
Notice of Continuation: August 14, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-501(1)(e)(i)

R277-121 Board Waiver of Administrative Rules

Utah Admin. Code R277-121-1 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; and

(2) The purpose of this rule is to establish procedures for an LEA to request a waiver from a Board rule.

History

KEY: Utah State Board of Education, waivers, administrative rules
Date of Last Change: June 9, 2025
Notice of Continuation: August 14, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-121-2 Procedures for Waiver Requests

(1) An LEA board may request a waiver from a Board rule by filing a written request with the Superintendent.

(2) An LEA board may not request a waiver from a Board rule that is required by or adopts criteria from a federal statute, federal regulation, or state law.

(3) An LEA's written waiver request shall include how the waiver will support the learning environment and lead to educational excellence, and;

(4) Any other additional information that the LEA believes the Board would find helpful to make an informed decision regarding the waiver.

(5) Except for a request for a waiver due to snow, inclement weather, or other emergency school closure described in Section R277-121-5, a written request under Subsection (1)(a) shall include:

(a) verification that the LEA board voted to request the waiver in an open meeting, with the results of the waiver request.

(b) data, if applicable, that support the requested waiver, which shall include:

(i) student achievement data;

(ii) community, staff, and student survey data;

(iii) student enrollment data;

(iv) data demonstrating the cost effectiveness of the waiver request;

(i) a proposed effective date;

(ii) provisions for public review and accountability;

(iii) data gathering and reporting timelines; and

(iv) a sunset date; and

(d) in the case of a charter school, a recommendation from the board of the school's authorizer.

(6) If an LEA seeks a waiver as outlined in Section R277-121-2 for a 4-day school week, the LEA shall:

(a) hold at least two open and public meetings, held separately from regular board meetings, to engage with stakeholders regarding the waiver request.

(i) At least one of the meetings shall be held before a vote is taken to apply for the waiver, during which the LEA or public school shall:

(A) explain the rationale for seeking the waiver; and

(B) listen to stakeholder concerns; and

(ii) At least one of the meetings shall be held after the decision to apply for the waiver but before the submission of the application, during which the LEA or public school shall:

(A) explain the waiver process; and

(B) describe plans to address stakeholder concerns.

(iii) Meetings described in this section may be held electronically.

(b) Certify that the LEA or public school notified affected school community councils and principals about the potential waiver before holding a vote to apply for the waiver.

(6) An LEA or public school applying for a waiver shall submit the waiver or waiver renewal, as described in Subsection R277-121-4(1), for the 4-day school week to the Board by April 10 of the school year prior to the proposed change.

History

KEY: Utah State Board of Education, waivers, administrative rules
Date of Last Change: June 9, 2025
Notice of Continuation: August 14, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-121-3 Board Review of Waiver Requests

(1) The Superintendent shall:

(a) review an LEA's waiver request; and

(b) may provide a recommendation to the Board.

(2) The Board Executive Committee may assign a waiver request made under this Rule R277-121 to a Board standing committee.

(3) The standing committee assigned in accordance with Subsection (2):

(a) may solicit additional information or testimony;

(b) shall review the request in an open meeting; and

(4) The Board Executive Committee may consolidate consideration of duplicate or similar requests.

(5) The Board shall consider available data in evaluating an LEA waiver request and shall make data driven decisions.

History

KEY: Utah State Board of Education, waivers, administrative rules
Date of Last Change: June 9, 2025
Notice of Continuation: August 14, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-121-4 Annual Review of Approved Waivers

(1) The Board may request an LEA that receives a waiver from Board rule in accordance with this Rule R277-121 for more than one year to report the following to a Board committee:

(a) data that supports continuation of the requested waiver; and

(b) data related to the data the LEA presented as apart of the LEA's request for waiver.

(2) During a review described in Subsection (1), the Board may, with notice to the LEA, move to rescind or modify the waiver, unless the waiver agreement explicitly states otherwise.

History

KEY: Utah State Board of Education, waivers, administrative rules
Date of Last Change: June 9, 2025
Notice of Continuation: August 14, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-121-5 Snow, Inclement Weather, or Other Emergency School Closure Days

(1) An LEA may seek a waiver directly from the Superintendent from the 180 day requirement described in Subsection R277-419-4(1) if:

(a) the LEA closes a school due to excessive snow, inclement weather, or an other emergency; and

(b) the school closure will result in the LEA not meeting the 180 day requirement described in Section R277-419-4.

(2) The Superintendent may grant a waiver due to excessive snow, inclement weather, or other emergency without Board approval if the LEA has provided contingency school days and hours into the LEA's calendar as required in Subsection R277-419-4(5), or has another plan in place to minimize the negative impact on the educational process caused by the waiver.

(3)(a) An LEA may request the Superintendent to waive the school day and hour requirement in the event of a public health emergency.

(b) A waiver described in this Subsection (3) may be for a designated time period, for a specific area, or for a specific LEA in the state, as determined by the health department directive.

(d) A waiver granted by the Superintendent as described in this Subsection (3) shall direct an LEA to provide as much notice to students and parents of the suspension of school services, as is reasonably possible.

(e) A waiver granted as described in this Subsection (3) shall direct an LEA to comply with health department directives, but to continue to provide any services to students that are not inconsistent with the directive.

(f) The Superintendent may encourage an LEA to provide electronic or distance learning services to affected students for the period of the pandemic or other public health emergency to the extent of personnel and funds available.

(g) Any waiver request granted pursuant to Subsection (3) shall be subject to Board approval no later than 45 days after it is granted.

(4) An LEA request for a waiver due to snow, inclement weather, or other emergency school closure described in this section is not required to include the information described in Subsections R277-121-2(1)(b)(ii) through (iv) unless requested by the Superintendent.

(5) If the Superintendent denies an LEA's request described in this section, the LEA may appeal the Superintendent's decision by making the request of the full Board.

History

KEY: Utah State Board of Education, waivers, administrative rules
Date of Last Change: June 9, 2025
Notice of Continuation: August 14, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

R277-122 Board of Education Procurement

Utah Admin. Code R277-122-1 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; and

(2) The purpose of this rule is to adopt and incorporate by reference Title R33, Purchasing and General Services, with exceptions as described in this rule.

History

KEY: procurement, efficiency
Date of Last Change: August 8, 2024
Notice of Continuation: May 16, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 63G-6a

Utah Admin. Code R277-122-2 Definitions

(1) "Professional service provider" means a provider of a professional service as defined in Section 63G-6a-103 and includes an expert in educational instruction and teaching.

(2) "Responsible" means the same as that term is defined in Section 63G-6a-103.

(3) "Responsive" means the same as that term is defined in Section 63G-6a-103.

History

KEY: procurement, efficiency
Date of Last Change: August 8, 2024
Notice of Continuation: May 16, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 63G-6a

Utah Admin. Code R277-122-3 Incorporation of Title R33 With Exceptions

(1) The Board adopts and incorporates by reference Title R33, Purchasing and General Services, as in effect on April 1, 2022, with the exceptions described in this section.

(2) The Board does not adopt Section R33-108-101b.

(3) The Board adopts Section R277-122-5 in place of Sections R33-105-104 and R33-105-107.

(4) The Board adopts Section R277-122-6 in place of Section R33-105-108.

(5) The Board adopts Section R277-122-7 in place of Sections R33-109-102 and R33-109-103.

(6) The Board adopts Section R277-122-8 in place of Section R33-112-201.

(7) The Board adopts Section R277-122-9 in place of Section R33-112-608.

History

KEY: procurement, efficiency
Date of Last Change: August 8, 2024
Notice of Continuation: May 16, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 63G-6a

Utah Admin. Code R277-122-4 Head of the Procurement Unit Designated

The Board designates the Board's Director of Purchasing as the head of the procurement unit.

History

KEY: procurement, efficiency
Date of Last Change: August 8, 2024
Notice of Continuation: May 16, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 63G-6a

Utah Admin. Code R277-122-5 Small Purchases of Procurement Items Other than Professional Services and Consultants

(1) The head of the procurement unit shall make small purchases in accordance with the requirements set forth in Section 63G-6a-506 and this Section R277-122-8.

(2) Unless otherwise required as part of another standard procurement process being used in conjunction with a small purchase, the head of the procurement unit need not utilize a solicitation or provide public notice to conduct a small purchase.

(3) The head of the procurement unit may make a small purchase of a procurement item other than a professional service by:

(a) direct award without seeking competitive bids or quotes up to the following threshold amounts:

(i) $10,000 for one or more procurement items purchased at the same time from one source; and

(ii) $75,000 for multiple procurement items purchased in a 12-month period from one source; and

(b) subject to Section R33-104-109, obtaining quotes from a minimum of two vendors and purchasing the procurement item from the responsible vendor offering the lowest quote for a purchase of up to $100,000 for one or more procurement items purchased at the same time from a single source.

(4) When conducting a purchase under Subsection (3)(b) in conjunction with an approved vendor list, the head of the procurement unit:

(a)(i) may obtain quotes from all the vendors on the approved vendor list; or

(ii) may obtain quotes from a minimum of two vendors on the approved vendor list, using one or more of the following methods to select vendors from whom to obtain quotes:

(A) a rotation system, organized alphabetically, numerically, or randomly;

(B) the geographic area serviced by each vendor;

(D) solicitation of an additional quote from the vendor that provided the lowest quote on the most recently completed procurement conducted by the Board using the approved vendor list; or

(E) another method approved by the head of the procurement unit;

(b) shall document that all vendors on the approved vendor list have a fair and equitable opportunity to obtain a contract; and

(5) When practicable, the head of the procurement unit shall use a rotation system or other system designed to allow for competition when using a small purchase process.

(6) In the process of obtaining a competitive quote, the head of the procurement unit shall record and maintain the following as a government record:

(a) the names of the vendors from whom quotes were requested and received; and

(b) the date of receipt and amount of each quote.

(7) The head of the procurement unit shall comply with all applicable laws and rules in the conduct of small purchases, including:

(a) Subsection 63G-6a-506(8);

(b) Title 63G, Chapter 6a, Part 24, Unlawful Conduct and Penalties; and

History

KEY: procurement, efficiency
Date of Last Change: August 8, 2024
Notice of Continuation: May 16, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 63G-6a

Utah Admin. Code R277-122-6 Small Purchases of Professional Service Providers and Consultants

(1) The head of the procurement unit shall make small purchases of professional services in accordance with the requirements set forth in Section 63G-6a-506 and this Section R277-122-11.

(2) Unless otherwise specifically required in this rule or as part of another standard procurement process being used in conjunction with a small purchase, the head of the procurement unit need not utilize a solicitation or provide public notice to conduct a small purchase of professional services.

(3) The head of the procurement unit may procure professional services:

(a) up to a maximum of $10,000 by direct negotiation with any professional services provider or consultant determined in writing by the head of the procurement unit to be qualified to provide the professional service; and

(b) up to a maximum of $175,000 by:

(i) subject to Section R33-104-109, obtaining quotes from a minimum of three professional services providers or consultants determined in writing by the head of the procurement unit to be qualified to provide the professional services; and

(ii) making the purchase from the professional service provider or consultant determined in writing by the head of the procurement unit to provide the Board with the best value, comparing qualifications and price.

(4) The head of the procurement unit may utilize the process set forth in Subsection (3)(b) to make purchases from multiple professional service providers or consultants if:

(a) multiple professional service providers or consultants of the same type are required to fulfill the need for the professional service;

(b) the total amount awarded to the selected professional service providers or consultants does not exceed $250,000;

(d) the request for qualifications and quotes states that the Board may make a purchase from multiple professional service providers or consultants; and

(e) all responses received are reviewed and considered when selecting the best value professional service providers or consultants.

(5) The head of the procurement unit shall comply with all applicable laws and rules in the conduct of small purchases for professional services, including:

(a) Subsection 63G-6a-506(8);

(b) Title 63G, Chapter 6a, Part 24, Unlawful Conduct and Penalties; and

History

KEY: procurement, efficiency
Date of Last Change: August 8, 2024
Notice of Continuation: May 16, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 63G-6a

Utah Admin. Code R277-122-7 Cancellation Before Award

(1) A solicitation may be cancelled prior to a contract award if:

(a) the Board does not receive any responsive responses to the solicitation; or

(b) the head of the procurement unit determines the cancellation is:

(i) in the best interest of the Board; and

(ii) supported by a reasonable and good faith justification.

(2) The head of the procurement unit shall include notice of the Board's right of cancellation described in Subsection (1) in each Board solicitation.

(3) A solicitation may be re-issued:

(a) with or without modification, if cancelled pursuant to Subsection (1)(a); or

(b) with modification, if cancelled pursuant to Subsection (1)(b).

History

KEY: procurement, efficiency
Date of Last Change: August 8, 2024
Notice of Continuation: May 16, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 63G-6a

Utah Admin. Code R277-122-8 Establishment of Terms and Conditions

The head of the procurement unit shall develop standard terms and conditions for use with Board contracts and agreements.

History

KEY: procurement, efficiency
Date of Last Change: August 8, 2024
Notice of Continuation: May 16, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 63G-6a

Utah Admin. Code R277-122-9 Use of Federal Cost Principles

The head of the procurement unit shall apply the federal cost principles described in 2 CFR Part 200, Subpart E in determining which costs expended under Board contracts are reasonable, allocable, and allowable.

History

KEY: procurement, efficiency
Date of Last Change: August 8, 2024
Notice of Continuation: May 16, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 63G-6a

R277-125 One Time Capital Appropriations for Small School Districts

Utah Admin. Code R277-125-1 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) Section 53F-10-102, which requires the Board to make rules to establish a process for school districts to submit proposals for funding for capital development projects under Title 53F, Chapter 10, State Funding - Capital Projects; and

(d) Subsection 53F-10-303(3), which requires the Board to make rules for distribution of the Rural School Sports Facilities Grant.

(2) The purpose of this rule is to establish a process for school districts to submit proposals for funding for capital development projects, including:

(a) review, prioritization, and recommendations to the Board;

(b) the Board's consideration and approval, if applicable, of proposed capital development projects; and

(3) This rule is categorized as Category 3 as described in Rule R277-111.

History

KEY: small school district; capital; funding
Date of Last Change: November 7, 2025

Utah Admin. Code R277-125-2 Definitions

(1) "Capital development project" or "project" means the same as that term is defined in Section 53F-10-101.

(2) "Capital Projects Evaluation Panel" or "panel" means the same as that term is defined in Section 53F-10-101.

(3) "Eligible school," for purposes of Section R277-125-6,means the same as the term is defined in Subsection 53F-10- 303(1).

(4) "Eligible school district," for purposes of Sections R277-125-3 and R277-125-4, means the same as that term is defined in Section 53F-10-101.

History

KEY: small school district; capital; funding
Date of Last Change: November 7, 2025

Utah Admin. Code R277-125-3 Superintendent Duties and Support for Capital Development Proposal Process

(1)(a) The Superintendent shall prepare an application for an eligible school district to submit a proposal to the Capital Projects Evaluation Panel for funding for a capital development project.

(b) The application described in Subsection (2)(a) shall include a requirement for an eligible school district to provide at least the following information as part of the eligible school district's proposal:

(i) a cost analysis and estimate for the project;

(ii) a proposed timeline for the project;

(iii) if applicable, the source of the eligible school district's matching funds;

(iv) the LEA's capital local levy imposed for the most recent fiscal year; and

(v) narrative describing how the project will meet the eligible school district's capital needs.

(2) As described in Section 53F-10-201, the Superintendent and staff shall participate on the panel and provide staff support.

(3) The Superintendent shall provide the panel's recommendations for any project described in Subsection R277-125- 4(3)(b) that is $2 million or more to the Board by January 10 each year for the Board's evaluation and approval.

(4) For a project described in Subsection R277-125-4(3)(b) that is less than $2 million, the Superintendent shall:

(a) evaluate the panel's recommendations described in Subsection R277-125-4(3)(b);

(b) approve and notify an eligible school district of an approved capital development project; and

(5) Subject to the amounts described in Section 53F-10-301 and approval by the Board if applicable, the Superintendent shall distribute funds to an eligible school district with an approved project by March 1.

History

KEY: small school district; capital; funding
Date of Last Change: November 7, 2025

Utah Admin. Code R277-125-4 Eligible School District Application Requirements -- Panel Review and Consideration of Project Proposals

(1) On or before November 1 each year, an eligible school district may submit a capital development project proposal to the Superintendent using the application described in Subsection R277-124-3(1) for the Capital Projects Evaluation Panel's consideration.

(2) To perform the duties described in Section 53F-10-202, the panel shall meet quarterly or as needed.

(3) The panel shall:

(a) use the criteria described in Subsection 53F-10-202(1) to evaluate and prioritize capital development project proposals; and

(b) provide recommendations for proposals that the panel recommends be approved to the Superintendent by December 15.

(4) The panel may recommend funds be distributed to an eligible school district for a loan in lieu of a distribution of capital funding for a project as described in Section 53F-10-302.

History

KEY: small school district; capital; funding
Date of Last Change: November 7, 2025

Utah Admin. Code R277-125-5 Eligible School District Use of Public Capital and Technology Funds

(1) An eligible school district shall use funds distributed under Section 53F-7-202 and this rule by June 30, 2025.

(2) An LEA shall return any funds distributed under Section 53F-7-202 and this rule on or before October 1, 2025 if the eligible school district does not expend those funds by June 30, 2025.

History

KEY: small school district; capital; funding
Date of Last Change: November 7, 2025

Utah Admin. Code R277-125-3 Rural School Athletic Grant

(1)(a) The Superintendent shall prepare an application for an eligible school to submit a proposal for the Rural School Sports Facilities Grant Program established in Section 53F-10-303.

(b) The application described in Subsection (1)(a) shall include a requirement for an eligible school to provide at least the following information as part of the eligible school's proposal:

(i) a cost analysis and estimate for the project;

(ii) a proposed timeline for the project;

(iii) a narrative describing how the project will meet the eligible school's athletic needs;

(iv) the estimated annual maintenance costs for the project;

(v) the estimated time for life cycle replacement of the project; and

(vi) the anticipated annual revenue resulting from the project.

(2) An eligible school shall submit an application by November 1.

(3) The Superintendent shall review applications consistent with the priorities established in Subsection 53F-10- 303(3)(b).

(4) The Superintendent shall notify an eligible school of awards made by January 31.

(5) The Superintendent shall distribute funds under this section by February 28.

History

KEY: small school district; capital; funding
Date of Last Change: November 7, 2025

R277-210 Utah Professional Practices Advisory Commission (UPPAC), Definitions

Utah Admin. Code R277-210-1 Authority, Purpose, and Oversight Category

(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 53E-6-506, which directs the Board to adopt rules regarding UPPAC duties and procedures; 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 establish definitions for terms in UPPAC activities.

(3) The definitions contained in this rule apply to Rules R277-210 through R277-217.

(4) Any calculation of time called for by Rules R277-210 through R277-217 shall be governed by Utah R. Civ. P. 6.

(5) This rule is categorized as exempt as described in Rule R277-111.

History

KEY: professional practices, definitions, educators
Date of Last Change: November 21, 2025
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401

Utah Admin. Code R277-210-2 Definitions

(1)(a) "Action" means a disciplinary action taken by the Board adversely affecting an educator's license.

(b) "Action" does not include a letter of warning or letter of education.

(i) a reprimand;

(ii) a suspension; and

(iii) a revocation.

(2) "Administrative hearing" or "hearing" has the same meaning as that term is defined in Section 53E-6-601.

(3) "Alcohol related offense" means a violation of:

(a) Title 41, Chapter 6a. Part 5, Driving Under the Influence and Reckless Driving, except for offenses not involving alcohol;

(b) Section 76-9-701, Intoxication;

(d) any offense under the laws of another state that is substantially equivalent to the offenses described in Subsections (3)(a) through (c).

(4) "Answer" means a written response to a complaint filed by the Executive Secretary alleging educator misconduct.

(5) "Applicant" means a person seeking:

(a) a new license; or

(b) clearance of a criminal background review from Executive Secretary at any stage of the licensing process.

(6)(a) "Boundary violation" means crossing verbal, physical, emotional, and social lines with a student or minor that an educator must maintain to ensure structure, security, and predictability in an educational environment.

(b) "Boundary violation" may include the following, depending on the circumstances:

(i) isolated, one-on-one interactions with students out of the line of sight of others;

(ii) meeting individually with students in rooms with covered or blocked windows;

(iii) telling risqué jokes or using profanity in the presence of a student;

(iv) employing favoritism to a student;

(v) inappropriate gift giving to individual students;

(vi) uninvited or inappropriate touching;

(vii) photographing individual students for a non-educational purpose or use;

(viii) engaging in inappropriate or unprofessional contact outside of educational program activities;

(ix) exchanging personal email or phone numbers with a student for a non-educational purpose or use;

(x) interacting privately with a student through social media, computer, or handheld devices;

(xi) discussing with a student inappropriate details about:

(A) an educator's personal life or personal issues; or

(B) a student's personal life or personal issues;

(xii) discussing issues restricted under Subsection 53E-9-203(1) without authorization.

(i) offering praise, encouragement, or acknowledgment;

(ii) offering rewards available to all who achieve;

(iii) asking permission to touch for necessary purposes;

(iv) giving pats on the back or a shoulder;

(v) giving side hugs;

(vi) giving handshakes or high fives;

(vii) offering warmth and kindness;

(viii) utilizing public social media alerts to groups of students and parents; or

(ix) contact permitted by an IEP or 504 plan.

(d) UPPAC and the Board may find "boundary violations" to be repetitive when the misconduct occurs more than once.

(e)(i) UPPAC and the Board may find a pattern of "boundary violations" when there are multiple incidents of related misconduct that occur consistently over a prolonged timeframe; and

(ii) UPPAC and the Board find the educator's misconduct is aggravated by the circumstances, including:

(A) the misconduct involves more than one student;

(B) the misconduct occurs in more than one physical setting; or

(iii) UPPAC and the Board may find a pattern of "boundary violations" most readily when the educator's misconduct continues after documented warnings from administrators in the educator's LEA.

(iv) Notwithstanding the existence of the factors identified in this Subsection (e), UPPAC and the Board may find boundary violations are "repetitive" rather than a "pattern" when there are mitigating circumstances consistent with Section R277-215-3.

(7) "Complaint" means a written allegation or charge against an educator filed by the Executive Secretary against the educator.

(8) "Complainant" means the Executive Secretary.

(9) "Comprehensive Administration of Credentials for Teachers in Utah Schools (CACTUS)" means the electronic file developed by the Superintendent and maintained on all licensed Utah educators.

(10) "Conflict of interest" means a business, family, monetary or relationship concern that may cause a reasonable educator to be unduly influenced or that creates the appearance of undue influence.

(11) "Consensual sexual activity" means sexually explicit conduct involving an individual or consenting adults.

(12) "Consent to discipline" means an agreement between a respondent and the Board:

(a) under which disciplinary action is taken against the educator in lieu of a hearing;

(b) that may be negotiated between the parties and becomes binding:

(i) when approved by the Board; and

(ii) at any time after an investigative letter has been sent;

(c) is a public document under GRAMA unless it contains specific information that requires redaction or separate classification of the agreement.

(13)(a) "Conviction" means the final disposition of a judicial action for a criminal offense, except in cases of a dismissal on the merits.

(b) "Conviction" includes:

(i) a finding of guilty by a judge or jury;

(ii) a guilty or no contest plea;

(iii) a plea in abeyance; and

(iv) for purposes of Rule R277-214, a conviction that has been expunged.

(14) "Criminal background review" means the process by which the Executive Secretary, UPPAC, and the Board review information pertinent to:

(a) a charge revealed by a criminal background check;

(b) a charge revealed by a hit as a result of ongoing monitoring; or

(15) "Drug" means controlled substance as defined in Section 58-37-2.

(16) "Drug related offense" means any criminal offense under:

(a) Title 58, Chapter 37, Utah Controlled Substances Act;

(b) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;

(d) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;

(e) Title 58, Chapter 37d, Clandestine Drug Lab Act; and

(f) Title 58, Chapter 37e, Drug Dealer's Liability Act.

(17)(a) "Educator" means a person who:

(i) currently holds a Utah educator license; or

(ii) held a license at the time of an alleged offense.

(b) "Educator" does not include a paraprofessional, a volunteer, or an unlicensed teacher in a classroom.

(18) "Educator misconduct" means:

(a) unprofessional conduct;

(b) conduct that renders an educator unfit for duty; or

(c) conduct that is a violation of standards of ethical conduct, performance, or professional competence as provided in Rule R277-217.

(19) "Executive Secretary" means

(a) an employee of the Board appointed by the Superintendent to serve as a non-voting member of UPPAC, consistent with Section 53E-6-502; or

(b) the Executive Secretary's designee.

(20) "Expedited hearing" means an informal hearing aimed at determining if allegations of educator misconduct can be summarily resolved or if an investigation by UPPAC is warranted.

(21) "Expedited hearing panel" means a panel of the following:

(a) the Executive Secretary or the Executive Secretary's designee, who acts as a non-voting hearing officer; and

(b)(i) three voting members of UPPAC; or

(ii) two voting members of UPPAC and a licensed educator with appropriate skills and training to assist on the panel.

(22) "Final action" means an action by the Board that concludes an investigation of an allegation of misconduct against a licensed educator.

(23) "GRAMA" means Title 63G, Chapter 2, Government Records Access and Management Act.

(24) "Hearing officer" means a licensed attorney who:

(a) is experienced in matters relating to administrative procedures;

(b) is appointed by the Executive Secretary to manage the proceedings of a hearing;

(d) has authority, subject to the limitations of Board rule, to regulate the course of the hearing and dispose of procedural requests;

(e) drafts a hearing report reflecting the findings and recommendations of the hearing panel; and

(f) does not have a vote as to the recommended disposition of a case.

(25) "Hearing panel" means a panel of three or more individuals designated to:

(a) hear evidence presented at a hearing;

(b) make a recommendation to UPPAC as to disposition consistent with the rebuttable presumptions in Rule R277- 215; and

(26) "Hearing report" means a report that:

(a) is prepared by the hearing officer consistent with the recommendations of the hearing panel at the conclusion of a hearing; and

(b) includes:

(i) a recommended disposition;

(ii) detailed findings of fact and conclusions of law, based upon the evidence presented in the hearing, relevant precedent; and

(iii) applicable law and rule.

(27) "Illegal drug" means a substance included in:

(a) Schedules I, II, III, IV, or V established in Section 58-37-4;

(b) Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, Pub. L. No. 91-513; or

(28) "Informant" means a person who submits information to UPPAC concerning the alleged misconduct of an educator.

(29)(a) "Investigative letter" means a letter sent by the Executive Secretary to an educator notifying the educator:

(i) that an allegation of misconduct has been received against the educator;

(ii) that UPPAC or the Board has directed that an investigation of the educator's alleged actions take place; and

(iii) if applicable, that the Executive Secretary will place a flag on the educator's CACTUS file.

(b) An "investigative letter" is not evidence of unprofessional conduct.

(30) "Investigative report" means a written report of an investigation addressing allegations of educator misconduct, prepared by an investigator that:

(a) includes a brief summary of the allegations, the investigator's narrative, a summary of the evidence, and a recommendation for UPPAC;

(b) may include a rationale for the recommendation, and mitigating and aggravating circumstances;

(d) is classified as protected under Subsection 63G-2-305(34).

(31) "Investigator" means an employee of the Board, or independent investigator selected in accordance with Subsection 53E-6-506(3), who:

(a) is assigned to conduct an independent and objective investigation into allegations of educator misconduct under UPPAC supervision;

(b) offers recommendations of educator discipline to UPPAC, supported by Rule R277-215, and the evidence, at the conclusion of the investigation;

(d) may also be a UPPAC attorney but does not have to be.

(32) "LEA" or "local education agency" for purposes of Rules R277-210 through R277-217 includes the Utah Schools for the Deaf and the Blind.

(33) "Letter of education" is a letter sent by the Board to an educator to instruct and caution the educator in an area of professional conduct when the evidence does not show a violation of the educator standards in Rule R277-217, but the evidence may show conduct that could lead to a violation of the standards in the future.

(34) "Letter of warning" is a letter sent by the Board to an educator:

(a) for misconduct that was inappropriate or unethical; and

(b) that does not warrant longer term or more serious discipline.

(35) "License" means a teaching or administrative credential, including an endorsement, which is issued by the Board to signify authorization for the person holding the license to provide professional services in Utah's public schools.

(36) "Minor" means:

(a) an individual under the age of 18; or

(b) an individual who an educator reasonably believes is under the age of 18 under the circumstances of the interaction.

(37) "Misdemeanor offense," for purposes of Board rule, does not include:

(a) violations of municipal ordinances; or

(b) Class C Misdemeanors or Infractions in violation of Title 41, Utah Motor Vehicle Code.

(38) "National Association of State Directors of Teacher Education and Certification Educator Information Clearinghouse" or "NASDTEC Clearinghouse" means a database maintained by NASDTEC for the members of NASDTEC regarding persons who:

(a) had their license suspended or revoked;

(b) have been placed on probation; or

(39) "Notification of alleged educator misconduct" means the official UPPAC form that may be accessed on UPPAC's internet website, and may be submitted by any person, school, or LEA that alleges educator misconduct.

(40) "Party" means the complainant or a respondent.

(41) "Petitioner" means an individual seeking:

(a) an educator license following a denial of a license; or

(b) reinstatement following a license suspension.

(42) "Plea in abeyance" means the same as described in Subsection 77-2a-1(1).

(43) "Pornographic or indecent material" means the same as the term is defined in Section 76-5c-208.

(44) "Recent graduate" means an individual within six months of graduating or officially exiting from high school.

(45) "Reprimand" is an action by the Board, which:

(a) is imposed for misconduct that was longer term or more seriously unethical or inappropriate than conduct warranting a letter of warning, but not warranting invalidation of the educator's license;

(b) is accompanied by a flag on the educator's CACTUS file, which the educator may request the Board remove from the educator's CACTUS file two years from the date the educator's CACTUS file was flagged for investigation, or after such other time period as prescribed by the Board; and

(c) may include specific directives that the educator must complete before requesting the flag be removed from the educator's CACTUS file under Subsection (45)(b).

(46) "Respondent" means an educator against whom:

(a) a complaint is filed; or

(b) an investigation is undertaken.

(47) "Revocation" means a permanent invalidation of a Utah educator license.

(48) "School-related activity" means a class, event, activity, or program:

(a) occurring at the school before, during, or after school hours; or

(b) that a student attends at a remote location as a representative of the school or with the school's authorization.

(49) "Serve" or "service," as used to refer to the provision of notice to a person, means:

(a) delivery of a written document to a respondent; and

(b) delivery that may be made in person, by mail, by electronic correspondence, or by any other means reasonably calculated, under all of the circumstances, to notify a respondent to the extent reasonably practical or practicable of the information contained in the document.

(50) "Sexually explicit conduct" means the same as that term is defined in Section 76-5b-103.

(51) "Suspension" means an invalidation of a Utah educator license, which may be reinstated after:

(a) the educator completes specific conditions identified in the consent to discipline or hearing report;

(b) the passage of the time specified in the consent to discipline or hearing report; and

(52)(a) "Under the influence of alcohol or an illegal drug" means that a person:

(i) is under the influence of alcohol, an illegal drug, or the combined influence of alcohol and drugs to a degree that renders the person incapable of effectively working in a public school;

(ii) has sufficient alcohol in the person's body that a subsequent chemical test shows that the person has a blood or breath alcohol concentration of .05 grams or greater at the time of the test; or

(iii) has a blood or breath alcohol concentration of .05 grams or greater during work hours at a public school.

(b) An educator is presumed to be "under the influence of alcohol or an illegal drug" if the educator refuses a lawful request, made with reasonable suspicion by the educator's LEA, to submit to a drug or alcohol test.

(53) "Utah Professional Practices Advisory Commission" or "UPPAC" means an advisory commission established to assist and advise the Board in matters relating to the professional practices of educators, established in Section 53E-6-501.

(54) "UPPAC attorney file" means a file:

(a) that is kept by the attorney assigned by UPPAC to investigate or prosecute a case that contains:

(i) the attorney's notes; and

(ii) other documents prepared by the attorney in anticipation of an eventual hearing; and

(b) that is classified as protected pursuant to Subsection 63G-2-305(18).

(55) "UPPAC background check file" means a file maintained securely by UPPAC on a criminal background review that:

(a) contains information obtained from:

(i) BCI; and

(ii) letters, police reports, court documents, and other materials provided by an applicant; and

(b) is classified as private under Subsection 63G-2-302(2).

(56) "UPPAC case file" means a file:

(a) maintained securely by UPPAC on an investigation into educator misconduct;

(b) opened following UPPAC's direction to investigate alleged misconduct;

(c) that contains the original notification of alleged misconduct with supporting documentation, correspondence with the Executive Secretary, the investigative report, the stipulated agreement, the hearing report, and the final disposition of the case;

(d) that is classified as protected under Subsection 63G-2-305(10) until the investigation and any subsequent proceedings before UPPAC and the Board are completed; and

(e) that after a case proceeding is closed, is considered public under GRAMA, unless specific documents contained therein contain non-public information or have been otherwise classified as non-public under GRAMA, in which case the file may be redacted or partially or fully restricted.

(57) "UPPAC evidence file" means a file:

(a) maintained by UPPAC investigator containing materials, written or otherwise, obtained by the UPPAC investigator during the course of the investigation;

(b) that contains correspondence between the investigator and the educator or the educator's counsel;

(c) that is classified as protected under Subsection 63G-2-305(10) until the investigation and any subsequent proceedings before UPPAC and the Board are completed; and

(d) that is considered public under GRAMA after case proceedings are closed, unless specific documents contained therein contain non-public information or have been otherwise classified as non-public under GRAMA.

(58) "Weapon" means an item that in the manner of the item's use or intended use is capable of causing death or serious bodily injury.

History

KEY: professional practices, definitions, educators
Date of Last Change: November 21, 2025
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401

R277-211 Utah Professional Practices Advisory Commission (UPPAC), Rules of Procedure: Notification to Educators, Complaints and Final Disciplinary Actions

Utah Admin. Code R277-211-1 Authority, Purpose, and Oversight Category

(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 53E-6-506, which directs the Board to adopt rules regarding UPPAC duties and procedures; 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 provide procedures regarding:

(a) notifications of alleged educator misconduct;

(b) review of notifications by UPPAC; and

(3) Title 63G, Chapter 4, Administrative Procedures Act, does not apply to this rule under the exemption of Subsection 63G-4-102(2)(d).

(4) This rule is categorized as exempt as described in Rule R277-111.

History

KEY: teacher licensing, conduct, hearings
Date of Last Change: November 21, 2025
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-211-2 Initiating Proceedings Against Educators

(1)(a) The Executive Secretary shall refer a case to UPPAC to make a determination if an investigation should be opened regarding an educator upon receiving a notification of alleged educator misconduct implicating a violation of Rule R277- 217, Educator Standards, or Utah law.

(b) The Executive Secretary may refer a case to UPPAC upon the Executive Secretary's own initiative.

(2) If an informant seeks to report information to UPPAC concerning alleged educator misconduct, the informant shall submit an allegation of misconduct to the Executive Secretary in writing, including the following:

(a) the informant's:

(i) name;

(ii) position, such as administrator, teacher, parent, or student;

(iii) telephone number;

(iv) address; and

(v) contact information;

(b) information about the educator against whom the allegation is made:

(i) name;

(ii) position, such as administrator, teacher, candidate; and

(iii) school or LEA; and

(3) If an informant submits a written allegation of misconduct as provided in this rule, the Executive Secretary shall notify the informant of a final action taken by the Board regarding the allegation.

(4)(a) Proceedings initiated upon the Executive Secretary's own initiative may be based on information received through a telephone call, letter, newspaper article, media information, notice from another state, or by other means.

(b) The Executive Secretary may also recommend an investigation based on an anonymous allegation, notwithstanding the provisions of this rule, if the allegation bears sufficient indicia of reliability.

(5)(a) The USBE Internal Audit Department shall refer to UPPAC and the LEA any complaint against an educator that would violate Rule R277-217, Educator Standards, or Utah law.

(b) The Executive Secretary shall consult with the educator's LEA and request any relevant evidence from an educator's LEA concerning a complaint referred under Subsection (5)(a).

(6) If an investigation is opened or an expedited hearing is conducted under this rule, the Executive Secretary shall permanently maintain all written allegations, subsequent dismissals, actions, or disciplinary letters related to a case against an educator in the UPPAC case file.

History

KEY: teacher licensing, conduct, hearings
Date of Last Change: November 21, 2025
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-211-3 Review of Notification of Alleged Educator Misconduct

(1)(a) Upon receipt of a notification of alleged educator misconduct, the Executive Secretary shall review the notification with UPPAC and UPPAC may:

(i) dismiss the matter if the alleged misconduct does not involve an issue that UPPAC should address;

(ii) recommend an expedited hearing as described in Sections R277-211-5; or

(iii) open an investigation if the alleged misconduct involves an issue that warrants investigation by UPPAC.

(b) In considering whether to open a case regarding an allegation of educator misconduct, UPPAC shall consider the known facts and circumstances surrounding the allegation to determine whether opening a case is warranted.

(i) the alleged misconduct involves the physical or emotional safety and well-being of a student;

(ii) the alleged misconduct had a highly visible impact on the educator's school community;

(iii) the alleged misconduct has the potential to damage the integrity of the education profession;

(iv) the educator's LEA recommends the Board investigate the matter; or

(v) the educator has received prior UPPAC discipline.

(2)(a) Before a UPPAC investigator's initiation of an investigation, the Executive Secretary shall send an investigative letter to the following:

(i) the educator to be investigated;

(ii) the LEA that employs the educator; and

(iii) the LEA where the alleged activity occurred.

(b) The Executive Secretary shall place a flag on the educator's CACTUS file after:

(i) sending the educator an investigative letter; and

(ii) directing UPPAC staff to begin gathering evidence relating to the allegations.

(c) The Executive Secretary may not place a flag on an educator's CACTUS file if the educator agrees to an expedited hearing under Section R277-211-5 unless the expedited hearing panel recommends a full investigation.

(3)(a) The investigator shall review relevant documentation and interview individuals who may have knowledge of the allegations.

(b) The investigator shall prepare an objective and independent investigative report supported by the evidence and Rule R277-215 including:

(i) the findings of the investigation;

(ii) the educator standards that the educator may have violated; and

(iii) the applicable disciplinary presumptions.

(c) If the investigator discovers additional evidence of unprofessional conduct beyond the original allegations, the investigator may include the additional evidence of misconduct in the investigative report provided that the educator has had the opportunity to respond to the additional evidence.

(d) The investigator shall submit the investigative report to the Executive Secretary.

(e) The Executive Secretary shall add the investigative report described in Subsection (3)(d) to a UPPAC meeting agenda.

(f) The investigative report described in Subsection (3)(d) shall become part of the UPPAC case file.

(4) The investigator may prioritize an investigation over other longer pending cases if:

(a) the educator poses an ongoing risk to students;

(b) the case needs to be expedited to accommodate a crucial witness;

(d) the educator is unemployed as a result of the allegations; or

(e) the educator requests expedited consideration for good cause.

(5) UPPAC shall review the investigative report and take one of the following actions:

(a) Recommend that the Board clear the CACTUS flag and take no action; or

(b) make an initial recommendation consistent with the evidence and Rule R277-215.

(6) After receiving an initial recommendation from UPPAC for action, the Executive Secretary shall:

(a) prepare and serve a complaint; or

(b) negotiate and prepare a proposed consent to discipline.

(7) Upon request of an educator, UPPAC will provide a copy of the UPPAC case file and UPPAC evidence file to the educator.

History

KEY: teacher licensing, conduct, hearings
Date of Last Change: November 21, 2025
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-211-4 Expedited Hearings on Criminal Charges in lieu of Initial UPPAC Review

(1) In a case involving the report of an arrest, citation, or charge of an educator, which requires self-reporting by the educator under Section R277-217-4, the Executive Secretary, with the consent of the educator, may schedule the matter for an expedited hearing in lieu of initially referring the matter to UPPAC.

(2)(a) The Executive Secretary shall hold an expedited hearing within 60 days of the criminal court disposition, unless otherwise agreed upon by both parties.

(b) An expedited hearing panel shall conduct an expedited hearing on a criminal charge and include the following additional invited individuals where possible:

(i) the educator;

(ii) the educator's attorney or representative;

(iii) a UPPAC attorney; and

(iv) a representative of the educator's LEA.

(3) The panel may consider the following matters at an expedited hearing on a criminal charge:

(a) an educator's oral or written explanation of the events;

(b) a police report;

(d) an LEA's investigative report or employment file; and

(e) additional information offered by a participant in the expedited hearing if the Executive Secretary deems it probative of the issues at the expedited hearing.

(4) After reviewing the evidence described in Subsection (3), the expedited hearing panel shall make written findings and a recommendation to UPPAC consistent with the evidence and Rule R277-215 to do one of the following:

(a) close the case;

(b) close the case upon completion of court requirements;

(d) open a full investigation; or

(e) recommend action by the Board, subject to an educator's due process rights under Rule 277-210 through Rule R277-217.

(5) An expedited hearing on a criminal charge may be recorded, but the testimony from the expedited hearing is inadmissible during a future UPPAC action related to the allegation unless the educator stipulates to admitting the recording.

(6) If the Board fails to adopt UPPAC's recommendation, UPPAC may open a full investigation or issue a complaint.

(7) An expedited hearing panel may proceed under this section with only two voting panel members with the stipulation of the educator.

History

KEY: teacher licensing, conduct, hearings
Date of Last Change: November 21, 2025
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-211-5 Expedited Hearings on Minor Violations of the Educator Standards

(1) Upon review of an allegation of educator misconduct, UPPAC may recommend conducting an expedited hearing if:

(a) the material evidence provided by the informant does not appear to be disputed;

(b) the allegations, if true, implicate the presumption for a letter of warning under Subsection R277-215-2(8); and

(2) If an educator elects not to participate in an expedited hearing after UPPAC opens a case, the Executive Secretary shall initiate an investigation into the allegations of misconduct with no prejudice to the educator for not participating in the expedited hearing.

(3) At an expedited hearing under this section, an expedited hearing panel shall conduct the hearing and include the following invited individuals where possible:

(a) the educator;

(b) the educator's attorney or representative;

(d) an administrator from the educator's school or LEA.

(4) At an expedited hearing under this section, the panel may consider:

(a) an educator's oral or written explanation of the events;

(b) an LEA's investigative report or employment file, including witness statements; and

(c) additional information proffered by a participant in the expedited hearing if the Executive Secretary deems it probative of the issues at the expedited hearing.

(5) After reviewing the evidence described in Subsection (4), the expedited hearing panel shall make written findings and a recommendation consistent with the evidence and Rule R277-215 to do one of the following:

(a) close the case;

(b) close the case upon completion of recommended training or other educator requirements;

(d) open a full investigation.

(6) If an expedited hearing panel recommends a full investigation be opened, the Executive Secretary shall follow the requirements set forth in Subsection R277-211-3(2).

(7) An expedited hearing under this section may be recorded.

(8) Testimony offered at an expedited hearing may be considered in a subsequent report to UPPAC or hearing.

(9) An expedited hearing panel may proceed under this section with only two voting panel members with the stipulation of the educator.

History

KEY: teacher licensing, conduct, hearings
Date of Last Change: November 21, 2025
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-211-6 Complaints

(1) If UPPAC determines that an allegation is sufficiently supported by evidence discovered in the investigation, the Executive Secretary may direct the UPPAC attorney to serve a complaint upon the educator being investigated.

(2) At a minimum, a complaint shall include:

(a) a statement of legal authority and jurisdiction under which the action is being taken;

(b) a statement of the facts and allegations upon which the complaint is based;

(d) a statement of the potential consequences if an allegation is found to be true or substantially true;

(e) a statement that the respondent shall answer the complaint and request a hearing, if desired, within 30 days of the date the complaint is mailed to the respondent;

(f) a statement that the respondent shall file a written answer described in Subsection (2)(e) with the Executive Secretary;

(g) a statement advising the respondent that if the respondent fails to respond within 30 days, the Executive Secretary may issue a default order in accordance with Section R277-211-8;

(h) a statement that, if a hearing is requested, the hearing will be scheduled no less than 45 days, nor more than 180 days, after receipt of the respondent's answer, unless a different date is agreed to by both parties in writing;

(i) a copy of the applicable hearing rules as required by Section 53E-6-607; and

(j) if the respondent is not represented by counsel, a written guide to help the respondent understand the UPPAC investigation and hearing process.

(3) On the Executive Secretary's own motion, the Executive Secretary, or the Executive Secretary's designee, with notice to the parties, may reschedule a hearing date.

(4)(a) A respondent may file an answer to a complaint by filing a written response signed by the respondent or the respondent's attorney with the Executive Secretary within 30 days after the complaint is mailed.

(b) The answer shall include:

(i) a request for a hearing;

(ii) the file number of the complaint;

(iii) the names of the parties; and

(iv) the relief that the respondent seeks at a hearing.

(5)(a) The Executive Secretary shall schedule a hearing, if requested by the respondent, in accordance with Subsection (2)(h) and Rule R277-212.

(b) If the parties can reach an agreement before the hearing consistent with the terms of UPPAC's initial recommendation, the UPPAC attorney may negotiate a proposed consent to discipline with the respondent.

(c) A proposed consent to discipline described in Subsection (5)(b) shall be submitted to the Board for the Board's consideration in accordance with Section R277-211-7.

(6)(a) If a respondent does not respond to the complaint within 30 days, the Executive Secretary may initiate default proceedings in accordance with the procedures set forth in Section R277-211-8.

(b) If the Executive Secretary enters an order of default, the Executive Secretary shall make a recommendation to the Board for discipline consistent with the evidence and Rule R277-215.

History

KEY: teacher licensing, conduct, hearings
Date of Last Change: November 21, 2025
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-211-7 Proposed Consent to Discipline

(1) At any time after UPPAC has made an initial recommendation, a respondent may accept UPPAC's initial recommendation, rather than request a hearing, by entering into a proposed consent to discipline.

(2) By entering into a proposed consent to discipline, a respondent waives the respondent's right to a hearing to contest the recommended disposition, contingent on final approval by the Board.

(3) At a minimum, a proposed consent to discipline shall include:

(a) a summary of the facts, the allegations, the presumption described in Rule R277-215, mitigating or aggravating factors described in Rule R277-215, and the evidence relied upon by UPPAC in its recommendation;

(b) a statement that the respondent admits or does not contest the facts recited in the proposed consent to discipline for purposes of the Board administrative action;

(i) waives the respondent's right to a hearing to contest the allegations that gave rise to the investigation; and

(ii) agrees to the proposed action rather than contest the allegations;

(d) a statement that the respondent agrees to the terms of the proposed consent to discipline and other provisions applicable to the case, such as remediation, assessment and recommended counseling, restitution, rehabilitation, and other conditions, if any, under which the respondent may request a reinstatement hearing or a removal of the reprimand;

(e) a statement that the action and the proposed consent to discipline shall be reported to other states through the NASDTEC Educator Information Clearinghouse;

(f) a statement that respondent waives the respondent's right to contest the facts stated in the proposed consent to discipline at a subsequent reinstatement hearing, if any;

(g) a statement that all records related to the proposed consent to discipline shall remain permanently in the UPPAC case file;

(h) a statement reflecting the classification of the proposed consent to discipline under Title 63G, Chapter 2, Government Records Access and Management Act;

(i) a statement that information regarding the proposed reprimand, suspension, or revocation may be included in an online licensing database that is available for public access in accordance with Rule R277-312.

(j) a statement that a violation of the terms of an approved consent to discipline may result in additional disciplinary action and may affect the reinstatement process; and

(k) a statement that the educator understands that the Board is not bound by UPPAC's recommendation or the negotiated proposed consent to discipline unless the Board approves the proposed consent to discipline;

(l) if for a suspension of the educator's license:

(i) specific conditions that an educator must satisfy before requesting a reinstatement hearing; and

(ii) a minimum time period that must elapse before the educator may request a reinstatement hearing;

(m) if for suspension or revocation of a license, a statement that the respondent may not work or volunteer in a public school in accordance with Subsection 53E-6-603(3); and

(n) if for suspension or revocation of a license, a statement that any attempt to represent to any other state a valid Utah license shall result in further licensing action in Utah.

(4)(a) The Executive Secretary shall forward a proposed consent to discipline to the Board for approval.

(b) If the Board does not approve a proposed consent to discipline, the Board may:

(i)(A) remand the case to UPPAC and shall include issues or questions that need to be addressed;

(B) offer respondent the opportunity for a hearing; or

(C) provide alternative terms and disposition to the Executive Secretary, consistent with the available evidence and presumptions described in Rule R277-215, that would be satisfactory to the Board to be submitted to the educator for consideration;

(ii) direct the Executive Secretary to issue a letter of education, letter of warning, or dismiss the matter; or

(iii) take other appropriate action consistent with due process and Rule R277-215.

(5) If the respondent accepts a consent to discipline with alternative terms and disposition proposed by the Board, the consent to discipline, as modified, is a final Board administrative action without further Board consideration.

(6) If the terms approved by the Board are rejected by the respondent, the proceedings shall continue from the point under these procedures at which the agreement was negotiated, as if the consent to discipline had not been submitted.

(7) If the Board remands to UPPAC to provide respondent the opportunity for a hearing under Subsection (4)(b)(i)(B), the Executive Secretary shall:

(a) notify the parties of the decision;

(b) direct a UPPAC attorney to issue a complaint; and

(8) If the Board approves a proposed consent to discipline, the approval is a final Board administrative action and the Executive Secretary shall:

(a) notify the parties of the decision;

(b) update CACTUS to reflect the action;

(i) a revocation;

(ii) a suspension; or

(iii) a reprimand;

(d) direct the appropriate penalties to begin; and

(e) notify the LEAs throughout the state.

History

KEY: teacher licensing, conduct, hearings
Date of Last Change: November 21, 2025
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-211-8 Default Procedures

(1) If a respondent does not respond to a complaint within 30 days from the date the complaint is served, the Executive Secretary may issue an order of default against the respondent consistent with the following:

(a) the Executive Secretary shall prepare and serve on the respondent an order of default including:

(i) a statement of the grounds for default; and

(ii) a recommended disposition if the respondent fails to file a response to a complaint;

(b) ten days following service of the order of default, a UPPAC attorney shall attempt to contact respondent or respondent's attorney by telephone or electronically unless the respondent is incarcerated and unrepresented;

(d) the respondent has 20 days following service of the order of default to respond to UPPAC; and

(e) if UPPAC receives a response from respondent to a default order before the end of the 20 day default period, UPPAC shall allow respondent a final ten day period to respond to a complaint.

(2) The Executive Secretary shall make a recommendation to the Board for discipline consistent with the evidence and Rule R277-215.

(3) If an educator's default results in a suspension, the order of default shall include conditions the educator must meet before requesting a reinstatement hearing.

History

KEY: teacher licensing, conduct, hearings
Date of Last Change: November 21, 2025
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-211-9 Disciplinary Letters and Dismissal

(1) If UPPAC recommends issuance of a letter of warning, letter of education, or dismissal, the Executive Secretary shall forward the case to the Board for review on a consent calendar.

(2) If the Board does not approve a recommendation for a letter of warning, letter of education, or dismissal described in Subsection (1), the Board may:

(a) remand the case to the Executive Secretary with:

(i) direction as to the issues UPPAC should address;

(ii) alternative terms and disposition that would be satisfactory to the Board to be submitted to the educator for consideration; and

(iii) the opportunity for the educator to participate in a hearing;

(b) dismiss the matter; or

(3) If the Board approves a letter of warning or letter of education, the Executive Secretary shall:

(a) prepare the letter of warning or letter of education and mail it to the educator;

(b) place a copy of the letter of warning or letter of education in the UPPAC case file; and

History

KEY: teacher licensing, conduct, hearings
Date of Last Change: November 21, 2025
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

R277-212 UPPAC Hearing Procedures and Reports

Utah Admin. Code R277-212-1 Authority, Purpose, and Oversight Category

(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 53E-6-506, which directs the Board to adopt rules regarding UPPAC duties and procedures; 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 establish procedures regarding UPPAC hearings and hearing reports.

(3) The standards and procedures of Title 63G, Chapter 4, Administrative Procedures Act do not apply to this rule under the exemption of Subsection 63G-4-102(2)(d).

(4) Hearings conducted in accordance with this rule are formal adjudicatory proceedings.

(5) This rule is categorized as exempt as described in Rule R277-111.

History

KEY: hearings, reports, educators
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-212-2 Scheduling a Hearing

(1)(a) Following receipt of an answer by a respondent requesting a hearing, or at the direction of the Board to give the respondent an opportunity to have a hearing:

(i) UPPAC shall select panel members;

(ii) the Executive Secretary shall appoint a hearing officer from among a list of hearing officers identified by the state procurement process and approved by UPPAC; and

(iii) The Executive Secretary shall schedule the date, time, and place for the hearing.

(b) The Executive Secretary shall schedule a hearing for a date that is not less than 45 days nor more than 180 days from the date the Executive Secretary receives the answer unless otherwise stipulated by the parties.

(c) The required scheduling periods may be waived by mutual written consent of the parties or by the hearing officer for good cause shown.

(2)(a) Any party may request a change of hearing date by submitting a request in writing that shall:

(i) include a statement of the reasons for the request; and

(ii) be submitted to the hearing officer at least five days before the scheduled date of the hearing.

(b) The hearing officer shall determine whether the reasons stated in the request are sufficient to warrant a change.

(c) If the hearing officer finds that the reasons for the request for a change of hearing date are sufficient, the hearing officer shall promptly direct the Executive Secretary to reschedule the hearing and send notice to the parties.

(d) If the hearing officer does not find the reasons for the request for a change of hearing date to be sufficient, the hearing officer shall immediately notify the parties that the request has been denied.

(e) The hearing officer may, upon stipulation of the parties or upon motion, waive the time period required for requesting a change of hearing date for good cause shown.

(3) An educator is entitled to a hearing on any matter in which an action is recommended.

(4) An educator is not entitled to a hearing on a matter in which a letter of education, letter of warning, or dismissal is recommended.

History

KEY: hearings, reports, educators
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-212-3 Appointment and Duties of the Hearing Officer and Hearing Panel

(1)(a) The Executive Secretary shall appoint a hearing officer to chair the hearing panel and conduct the hearing.

(b) The Executive Secretary shall select a hearing officer on a random basis from a list of available contracted hearing officers, subject to availability and conflict of interest.

(c) The Executive Secretary shall provide such information about the case as necessary to determine whether the hearing officer has a conflict of interest and shall disqualify any hearing officer that cannot serve under the Utah Rules of Professional Conduct.

(d) A hearing officer:

(i) may require the parties to submit a brief and a list of witnesses before the hearing;

(ii) presides at the hearing and regulates the course of the proceeding;

(iii) administers an oath to a witness as follows: "Do you swear or affirm that the testimony you will give is the truth?";

(iv) may take testimony, rule on a question of evidence, and ask a question of a witness to clarify a specific issue; and

(v) prepares and submits a hearing report to the Executive Secretary at the conclusion of the proceedings in consultation with panel members and the timelines of this rule.

(2)(a) UPPAC shall select three or more individuals to serve as members of the hearing panel.

(b) The majority of panel members shall be current UPPAC members.

(d) UPPAC shall select panel members on a rotating basis to the extent practicable.

(e) UPPAC shall accommodate each prospective panel member based on the availability of the panel member.

(f) If the respondent is a teacher, at least one panel member shall be a current classroom teacher.

(g) If the respondent is a non-teacher licensed educator, at least one panel member shall be a non-teacher licensed educator.

(3) The requirements of Subsection (2) may be waived only upon the stipulation of both the UPPAC attorney and the respondent.

(4)(a) A UPPAC panel member shall:

(i) assist a hearing officer by providing information concerning professional standards and practices of educators in the respondent's particular field of practice and in the situations alleged;

(ii) ask a question of a witness to clarify a specific issue;

(iii) review all evidence and briefs, if any, presented at the hearing;

(iv) make a recommendation to UPPAC as to the suggested disposition of a complaint; and

(v) assist the hearing officer in preparing the hearing report.

(b) A panel member may only consider the evidence approved for admission by the hearing officer.

(c) The Executive Secretary may make an emergency substitution of a panel member for good cause shown or with the consent of the parties.

(d) An agreement to substitute a panel member shall be in writing.

(e) Parties may agree to a two-member UPPAC panel in an emergency situation.

(5)(a) A party may request that the Executive Secretary disqualify a hearing officer by submitting a written request for disqualification to the Executive Secretary.

(b) A party shall submit a request to disqualify a hearing officer to the Executive Secretary at least 15 days before a scheduled hearing.

(6)(a) The Executive Secretary shall review a request described in Subsection (5) and supporting evidence to determine whether the reasons for the request are substantial and compelling.

(b) If the Executive Secretary determines that the hearing officer should be disqualified, the Executive Secretary shall appoint a new hearing officer and, if necessary, reschedule the hearing.

(7) A hearing officer shall recuse himself or herself from a hearing if the hearing officer's participation would violate any of the Utah Rules of Professional Conduct consistent with the Supreme Court Rules of Professional Practice.

(8)(a) If the Executive Secretary denies a request to disqualify a hearing officer described in Subsection (5), the Executive Secretary shall notify the party within ten days before the date of the hearing.

(b) The requesting party may submit a written appeal of the Executive Secretary's denial to the Superintendent no later than five days before the hearing date.

(c) If the Superintendent finds that the appeal is justified, the Superintendent shall direct the Executive Secretary to appoint a new hearing officer and, if necessary, reschedule the hearing.

(d) The decision of the Superintendent described in Subsection (8)(c) is final.

(e) If a party fails to file an appeal within the time requirements of Subsection (8)(b), the appeal shall be deemed denied.

(f) If the Executive Secretary fails to meet the time requirements described in Subsection (6) or (8), the request or appeal is approved.

(9)(a) A UPPAC member shall recuse himself or herself as a panel member due to any known financial or personal interest, prior relationship, personal and independent knowledge of the persons or issues in the case, or other association that the panel member believes would compromise the panel member's ability to make an impartial decision.

(b) A party may request that a UPPAC panel member be disqualified by submitting a written request to the hearing officer.

(d) The hearing officer shall:

(i) review a request described in Subsection (9)(b) and supporting evidence to determine whether the reasons for the request are substantial and compelling enough to disqualify the panel member; and

(ii) if the reasons for the request described in Subsection (9)(b) are substantial and compelling, disqualify the panel member.

(e) If a panel member is disqualified:

(i) UPPAC shall appoint a replacement; and

(ii) the Executive Secretary shall, if necessary, reschedule the hearing.

(f) If a request described in Subsection (9)(b) is denied, the hearing officer, shall notify the party requesting the panel member's disqualification no less than ten days before the date of the hearing.

(10) The Executive Secretary may, when the Executive Secretary selects a hearing officer or panel member, select an alternate hearing officer or panel member following the process for selecting those individuals.

(11) The Executive Secretary may substitute a panel member with an alternate panel member if the Executive Secretary notifies the parties of the substitution.

History

KEY: hearings, reports, educators
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-212-4 Preliminary Instructions to Parties to a Hearing

(1) A hearing shall be scheduled no less than 45 days after receipt of an answer, unless otherwise stipulated by the parties.

(2) No later than 25 days before the date of a hearing, the Executive Secretary shall provide the parties with the following information:

(a) date, time, and location of the hearing;

(b) names and LEA affiliations of each panel member, and the name of the hearing officer; and

(3) No later than 20 days before the date of the hearing, the respondent and the complainant shall provide the following to the other party and to the hearing officer:

(a) a brief, if requested by the hearing officer containing:

(i) any procedural and evidentiary motions along with the party's position regarding the allegations; and

(ii) relevant laws, rules, and precedent;

(b) the name of the person who will represent the party at the hearing;

(c) a list of witnesses expected to be called, including a summary of the testimony that each witness is expected to present;

(d) a summary of documentary evidence that the party intends to submit; and

(e) following receipt of the other party's witness list, a list of anticipated rebuttal witnesses and evidence no later than ten days before the hearing.

(4)(a) Except as provided in Subsection (4)(b), a party may not present a witness or evidence at the hearing if the witness or evidence has not been disclosed to the other party as required in Subsection (3).

(b) A party may present a witness or evidence at the hearing even if the witness or hearing has not been disclosed to the other party if:

(i) the parties stipulate to the presentation of the witness or evidence at the hearing; or

(ii) the hearing officer makes a determination of good cause to allow the witness or evidence.

(5) If a party fails to comply in good faith with a directive of the hearing officer, including time requirements, the hearing officer may prohibit introduction of the testimony or evidence or take other steps reasonably appropriate under the circumstances.

(6) A party shall provide materials to the hearing officer, panel members, and UPPAC as directed by the hearing officer.

History

KEY: hearings, reports, educators
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-212-5 Hearing Parties' Representation

(1) A UPPAC attorney shall represent the complainant.

(2) A respondent may represent himself or herself or be represented, at the respondent's own cost, by legal counsel.

(3) An informant has no right to:

(a) individual representation at the hearing; or

(b) to be present or heard at the hearing unless called as a witness.

(4) A respondent shall notify the Executive Secretary in a timely manner and in writing if the respondent chooses to be represented by legal counsel.

History

KEY: hearings, reports, educators
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-212-6 Discovery Prior to a Hearing

(1) Discovery is permitted to the extent necessary to obtain relevant information necessary to support claims or defenses, as determined by the hearing officer.

(2) Unduly burdensome legalistic discovery may not be used to delay a hearing.

(3) A hearing officer may limit discovery:

(a) at the discretion of the hearing officer; or

(b) upon a motion by either party.

(4) A hearing officer rules on all discovery requests and motions.

(5) The Executive Secretary shall issue a subpoena to secure the attendance of a witness pursuant to Subsection 53E-6- 606(1) if:

(a) requested by either party; and

(b) notice of intent to call the witness has been timely provided as required by Section R277-212-4.

(6) The Executive Secretary shall issue a subpoena to produce evidence if timely requested by either party.

(7)(a) A party may not present an expert witness report or expert witness testimony at a hearing unless the requirements of Section R277-212-10 have been met.

(b) A respondent may not subpoena the UPPAC attorney or investigator as an expert witness.

History

KEY: hearings, reports, educators
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-212-7 Burden and Standard of Proof for UPPAC Proceedings

(1) In matters other than those involving applicants for licensing, and excepting the presumptions under Section R277- 212-11, the Board shall have the burden of proving that an action against the license is appropriate.

(2) An applicant for licensing has the burden of proving that licensing is appropriate.

(3) The standard of proof in all UPPAC hearings is a preponderance of the evidence.

(4) The Utah Rules of Evidence are not applicable to UPPAC proceedings.

(5) The criteria to decide an evidentiary question are:

(a) reasonable reliability of the offered evidence;

(b) fairness to both parties; and

(6) The hearing officer has the sole responsibility to determine the application of the hearing rules and the admissibility of evidence.

History

KEY: hearings, reports, educators
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-212-8 Deportment

(1) Parties, their representatives, witnesses, and other persons present during a hearing shall conduct themselves in an appropriate manner during a hearing, giving due respect to members of the hearing panel and complying with the instructions of the hearing officer.

(2) A hearing officer may exclude a person from the hearing room who fails to conduct himself or herself in an appropriate manner and may, in response to extreme instances of noncompliance, disallow the person's testimony.

(3) Parties, attorneys for parties, or other participants in the professional practices investigation and hearing process may not harass, intimidate, or pressure witnesses or other hearing participants, nor may they direct others to harass, intimidate, or pressure witnesses or participants.

History

KEY: hearings, reports, educators
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-212-9 Hearing Record

(1) A hearing shall be recorded at UPPAC's expense, and the recording shall become part of the UPPAC case file, unless otherwise agreed upon by all parties.

(2) An individual party may, at the party's own expense, make a recording or transcript of the proceedings if the party provides notice to the Executive Secretary.

(3) If an exhibit is admitted as evidence, the record shall reflect the contents of the exhibit.

(4) All evidence and statements presented at a hearing shall become part of the UPPAC case file and may not be removed except by direction of the Executive Secretary or by order of the Board.

(5)(a) Upon request of an educator, UPPAC will provide an electronic or paper copy of the UPPAC case file to the educator.

(b) UPPAC may charge fees in accordance with Section R277-103-5 if the educator requests a paper copy.

History

KEY: hearings, reports, educators
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-212-10 Expert Witnesses in UPPAC Proceedings

(1) A hearing officer may allow testimony by an expert witness.

(2) A party may call an expert witness at the party's own expense.

(3) A party shall provide a hearing officer and the opposing party with the following information at least 15 days before the hearing date:

(a) notice of intent of a party to call an expert witness;

(b) the identity and qualifications of an expert witness;

(d) any prepared expert witness report.

(4) Defects in the qualifications of an expert witness, once a minimum threshold of expertise is established, go to the weight to be given the testimony and not to its admissibility.

(5) An expert witness who is a member of the complainant's staff or staff of an LEA may testify and have the testimony considered as part of the record in the same manner as the testimony of any other expert.

History

KEY: hearings, reports, educators
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-212-11 Evidence and Participation in UPPAC Proceedings

(1) A hearing officer may not exclude evidence solely because the evidence is hearsay.

(2) Each party has a right to call witnesses, present evidence, argue, respond, cross-examine witnesses who testify in person at the hearing, and submit rebuttal evidence.

(3) Testimony presented at the hearing shall be given under oath if the testimony is offered as evidence to be considered in reaching a decision on the merits.

(4) On the hearing officer's own motion or upon objection by a party, the hearing officer:

(a) may exclude evidence that the hearing officer determines to be irrelevant, immaterial, or unduly repetitious;

(b) shall exclude evidence that is privileged under law applicable to administrative proceedings in the state unless waived;

(c) may receive documentary evidence in the form of a copy or excerpt if the copy or excerpt contains all pertinent portions of the original document;

(d) may take official notice of any facts that could be judicially noticed under judicial or administrative laws of the state, or from the record of other proceedings before the agency.

(5)(a) In addition to a rebuttable presumption described in Subsection 53E-6-506(3)(e), a rebuttable evidentiary presumption exists that a person has committed a sexual offense against a minor if the person has:

(i) been found, pursuant to a criminal, civil, or administrative action to have committed a sexual offense against a minor; or

(ii) failed to defend himself or herself against the charge when given a reasonable opportunity to do so.

(b) A rebuttable evidentiary presumption exists that a person is unfit to serve as an educator if the person has been found pursuant to a criminal, civil, or administrative action to have exhibited behavior evidencing unfitness for duty, including immoral, unprofessional, or incompetent conduct, or other violation of standards of ethical conduct, performance, or professional competence.

(i) conviction of a felony;

(ii) a felony charge and subsequent conviction for a lesser related charge pursuant to a plea bargain or plea in abeyance;

(iii) an investigation of an educator's license, certificate, or authorization in another state; or

(iv) the expiration, surrender, suspension, revocation, or invalidation of an educator's license for any reason.

History

KEY: hearings, reports, educators
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-212-12 Testimony of a Minor Victim or Witness

(1) For purposes of this section, a "minor victim or witness" is an individual who is less than 18 years old at the time of hearing.

(2) If a case involves allegations of child abuse or of a sexual offense against a minor under applicable federal or state law, either party, or the hearing officer, may request that a minor victim or witness be allowed to testify outside of the respondent's presence.

(3) If the hearing officer determines that a minor victim or witness would suffer undue emotional or mental harm, or that the minor victim or witness's testimony in the presence of the respondent would be unreliable, the minor victim or witness's testimony may be admitted as described in this section.

(4) An oral statement of a minor victim or witness that is recorded before the filing of a complaint is admissible as evidence in a hearing regarding the offense if:

(a) no attorney for either party is in the minor victim or witness's presence when the statement is recorded;

(b) the recording is visual and aural and is recorded;

(d) the operator of the equipment is competent;

(e) the recording is accurate and has not been altered; and

(f) each voice in the recording is identified.

(5) The testimony of a minor victim or witness may be taken in a room other than the hearing room, and may be transmitted by closed circuit equipment to another room where it can be viewed by the respondent if:

(a) only the hearing officer, hearing panel members, attorneys for each party, persons necessary to operate equipment, and a person approved by the hearing officer whose presence contributes to the welfare and emotional well-being of the minor victim or witness may be with the minor victim or witness during the testimony;

(b) the respondent is not present during the minor victim or witness's testimony;

(d) the respondent is permitted to observe and hear, but not communicate with the minor victim or witness; and

(e) only hearing panel members, the hearing officer, and the attorneys question the minor victim or witness.

(6)(a) If a witness testifies under circumstances described in Subsection (5), a pro se educator, may submit written questions to the hearing officer to ask on the educator's behalf.

(b) A hearing officer shall take appropriate recesses to ensure a pro se educator is allowed to ask all needed follow up questions.

(7) If the hearing officer determines that the testimony of a minor victim or witness may be taken consistent with Subsections (2) through (5), the minor victim or witness may not be required to testify in any proceeding where the recorded testimony is used.

History

KEY: hearings, reports, educators
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-212-13 Hearing Report

(1) Within 20 days after the hearing, or within 20 days after the deadline imposed for the filing of any post-hearing materials as permitted by the hearing officer, the hearing officer shall sign and issue a hearing report consistent with the recommendations of the panel that includes:

(a) detailed findings of fact and conclusions of law based upon the evidence of record or on facts officially noted;

(b) a statement of relevant precedent, if available;

(d) presumptions applied by UPPAC;

(e) mitigating and aggravating circumstances considered by UPPAC;

(f) a recommended disposition of UPPAC panel members that shall be one of the following:

(i) dismissal of the complaint;

(ii) letter of education;

(iii) letter of warning;

(iv) reprimand;

(vii) suspension, to include the following terms and conditions:

(A) a recommended minimum time period consistent with R277-215 after which an educator may request a reinstatement hearing under Rule R277-213; and

(B) any recommended conditions precedent to requesting a reinstatement hearing under Section R277-213-2; or

(viii) revocation; and

(g) notice that UPPAC's recommendation is subject to approval by the Board and judicial review as may be allowed by law.

(2) Findings of fact may not be based solely upon hearsay, and conclusions shall be based upon competent evidence.

(3)(a) A hearing officer shall circulate a draft report to hearing panel members before the 20 day completion deadline of the hearing report.

(b) Hearing panel members shall notify the hearing officer of any changes to the report:

(i) as soon as possible after receiving the report; and

(ii) before the 20 day completion deadline of the hearing report.

(c) The hearing officer shall file the completed hearing report with the Executive Secretary, who shall review the report with UPPAC.

(d) The Executive Secretary may participate in UPPAC's deliberation as a resource to UPPAC in explaining the hearing report and answering any procedural questions raised by UPPAC members.

(e) The hearing officer may confer with the Executive Secretary or the panel members or both while preparing the hearing report.

(f) The hearing officer may request the Executive Secretary to confer with the hearing officer and panel following the hearing.

(g) The Executive Secretary may return a hearing report to a hearing officer if the report is incomplete, unclear, or unreadable, or missing essential components or information.

(h) UPPAC shall vote to uphold the hearing officer's and panel's report if UPPAC finds that:

(i) there are no significant procedural errors;

(ii) the hearing panel's recommendations are based upon a preponderance of the evidence presented at the hearing; and

(iii) that all issues explained in the hearing report are adequately addressed in the conclusions of the report.

(i) After the UPPAC review, the Executive Secretary shall send a copy of the hearing report to:

(i) the Board for further action;

(ii) the respondent; and

(iii) the UPPAC case file.

(4) If the Board does not approve a UPPAC hearing report, the Board may:

(a) remand the case to UPPAC with direction to cure due process issues; or

(b) direct the Executive Secretary to make other evidence available pursuant to Section R277-212-14 before issuing a final decision with official findings; or

(i) specifying the reasons, including the evidence, presumptions, and the mitigating and aggravating circumstances the Board considered, for the Board's failure to accept the hearing report;

(ii) adopting the Board's decision on the matter; and

(iii) directing the Executive Secretary to include the findings as an addendum to the hearing report, which findings constitute final Board action; or

(d) take other appropriate action consistent with due process and Rule R277-215.

(5) Following Board adoption of a hearing report or the Board's decision under Subsection (4)(c), the Executive Secretary shall:

(a) notify the educator;

(b) notify the educator's employer;

(d) report the action to the NASDTEC Educator Information Clearing house if the action results in:

(i) a revocation;

(ii) a suspension; or

(iii) reprimand.

(6) The hearing report is a public document under Title 63G, Chapter 2, Government Records Access and Management Act after final action is taken in the case, but may be redacted if it is determined that the hearing report contains particular information, the dissemination of which is otherwise restricted under the law.

(7) A respondent's failure to comply with the terms of a final disposition may result in additional discipline against the educator license.

(8) If a hearing officer fails to satisfy the hearing officer's responsibilities under this rule, the Executive Secretary may:

(a) notify the Utah State Bar of the failure;

(b) reduce the hearing officer's compensation consistent with the failure;

(d) preclude the hearing officer from further employment by the Board for UPPAC purposes.

(9) The Executive Secretary may waive the deadlines within this section if the Executive Secretary finds good cause.

(10) All criteria of letters of warning and reprimand, probation, suspension, and revocation apply to the comparable sections of the final hearing report.

History

KEY: hearings, reports, educators
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-212-14 Additional Relevant Evidence

(1) If the Board directs the Executive Secretary to make additional relevant evidence available to the Board for review, before the Board issues a final decision with official findings, the Executive Secretary shall give the educator a notice that includes:

(a) what additional relevant evidence the Board directed UPPAC to make available to review;

(b) the opportunity to file a response described in Subsection (2); and

(c) a statement that the educator's failure to file either a timely written response or request for hearing would be a waiver of the right to either respond, or request a hearing.

(2) An educator who receives a notice described in Subsection (1) may submit one of the following within 30 days of the notice described in Subsection (1) was sent:

(a) a written response to the additional relevant evidence that the Board directed the Executive Secretary to make available for review; or

(b) a written request for a hearing before the Board to respond to the additional relevant evidence.

(3) If the educator fails to timely respond as provided in Subsection (2):

(a) the Executive Secretary shall notify the respondent that the respondent waived the right to respond or request a hearing; and

(b) the Board may proceed to view the additional relevant evidence.

(4) If the educator files a timely written response, the Executive Secretary shall submit the written response to the Board for consideration before the Board issues a final decision.

(5) If the educator files a timely hearing request, before the Board issues a final decision, the Executive Secretary shall:

(a) request a hearing before the Board, as described in Subsection (7);

(b) provide the respondent notice of the hearing meeting the requirements of Section 53E-6-607;

(d) notify the respondent that if the respondent fails to attend or participate in the hearing:

(i) that the respondent has waived the right to appear and respond to the additional relevant evidence; and

(ii) that the Board may proceed to review the additional relevant evidence.

(6) The Board shall schedule a hearing described in Subsection (5)(b) within no less than 45 days and no more than 90 days from the date the Executive Secretary receives the respondent's written request for a hearing.

(7) If the Board conducts a hearing described in Subsection (6), Sections R277-212-4, R277-212-5, and R277-212-7 through R277-212-12 apply.

(8) The Executive Secretary shall issue a subpoena to secure the attendance of a witness pursuant to Subsection 53E-6- 506(3)(c)(i) if:

(a) requested by either party; and

(b) notice of intent to call the witness has been timely provided as required by Section R277-212-4.

(9) Subsection R277-212-3(1) governs the appointment of a hearing officer to conduct a hearing under this section, but no hearing report is required.

(10) After the hearing or viewing the additional relevant evidence, the Board will prepare findings that support the reasons for the Board's decision, including the presumptions and mitigating and aggravating circumstances described in Rule R277-215 that the Board applied.

(11) Findings issued by the Board as described in Subsection (11) may not be based solely upon hearsay.

History

KEY: hearings, reports, educators
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-212-15 Default

(1)(a) The Executive Secretary shall prepare an order of default if:

(i) the respondent fails to file an answer as described in Subsection R277-211-6(4);

(ii) the respondent fails to attend or participate in a properly scheduled hearing after receiving proper notice; or

(iii) the hearing officer recommends default as a sanction as a result of misconduct by the respondent or the respondent's representative during the course of the hearing process.

(b) The hearing officer may determine that the respondent has failed to attend a properly scheduled hearing if the respondent has not appeared within 30 minutes of the appointed time for the hearing to begin, unless the respondent shows good cause for failing to appear in a timely manner.

(2) The recommendation of default may be executed by the Executive Secretary following all applicable time periods, without further action by UPPAC.

(3) The Executive Secretary shall make a recommendation to the Board for discipline in accordance with Rule R277- 215.

History

KEY: hearings, reports, educators
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-212-16 Rights of Victims at Hearings

(1) If the allegations that gave rise to the underlying allegations involve abuse of a sexual or physical nature, UPPAC shall make reasonable efforts to:

(a) advise the alleged victim that a hearing has been scheduled;

(b) notify the alleged victim of the date, time, and location of the hearing; and

(2) An alleged victim or guardian entitled to notification of a hearing is permitted, but is not required, to attend the hearing.

(3) An alleged victim or witness may have a criminal justice victim advocate or support person attend the hearing with them.

History

KEY: hearings, reports, educators
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

R277-213 Request for Licensure Reinstatement and Reinstatement Procedures

Utah Admin. Code R277-213-1 Authority, Purpose, and Oversight Category

(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 53E-6-506, which directs the Board to adopt rules regarding UPPAC duties and procedures; 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 establish procedures regarding educator license reinstatement.

(3) The standards and procedures of the Utah Administrative Procedures Act do not apply to this rule under the exemption of Subsection 63G-4-102(2)(d).

(4) This rule is categorized as exempt as described in Rule R277-111.

History

KEY: licensure, reinstatement, hearings
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-213-2 Application for Reinstatement

(1)(a) An individual with a suspended license, may request a review to consider reinstatement of the license.

(b) A request for review described in Subsection (1)(a) shall:

(i) be in writing;

(ii) be submitted to the UPPAC Executive Secretary; and

(iii) have the following information:

(A) name and address of the individual requesting review;

(B) the action being requested;

(C) specific evidence and documentation of compliance with terms and conditions of any remedial or disciplinary requirements or recommendations from UPPAC or the Board;

(D) reasons that the individual seeks reinstatement; and

(E) signature of the individual requesting review or the individual's attorney.

(2) If the request of an individual described in Subsection (1) is complete, timely, and appropriate, the Executive Secretary shall schedule and hold a hearing as soon as practicable in accordance with Section R277-213-3.

(3) An educator may file a request for reinstatement at any time one year before the expiration of the suspension period if the educator has completed the requirements identified in the educator's consent to discipline or hearing report.

(4)(a) The burden of persuasion at a reinstatement hearing shall fall on the individual seeking reinstatement.

(b) An individual requesting reinstatement of a suspended license shall:

(i) show sufficient evidence of compliance with any conditions imposed in the past disciplinary action;

(ii) provide sufficient evidence to the reinstatement hearing panel that the educator will not engage in recurrences of the actions that gave rise to the suspension and that reinstatement is appropriate;

(iii) undergo a criminal background check and re-enroll, if necessary, in the FBI Rapback system not more than six months before the requested hearing; and

(iv) provide materials for review by the hearing panel that demonstrate the individual's compliance with directives from UPPAC or the Board found in petitioner's original consent to discipline or hearing report.

(c) An individual requesting reinstatement shall show sufficient evidence of completion of a rehabilitation or remediation program, if applicable, when requesting reinstatement.

(5) An individual whose license has been suspended or revoked in another state shall seek reinstatement of the individual's license in the other state before a request for a reinstatement hearing may be approved.

History

KEY: licensure, reinstatement, hearings
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-213-3 Reinstatement Hearing Procedures

(1) A hearing officer shall:

(a) preside over a reinstatement hearing; and

(b) rule on all procedural issues during the reinstatement hearing as they arise.

(2) A hearing panel, comprising individuals as set forth in Subsection R277-212-3(2), shall:

(a) hear the evidence; and

(b) along with the UPPAC attorney and hearing officer, question the individual seeking reinstatement regarding the appropriateness of reinstatement.

(3) An individual seeking reinstatement may:

(a) be represented by counsel; and

(b) may present evidence and witnesses.

(4) A party may present evidence and witnesses consistent with Rule R277-212.

(5) A hearing officer of a reinstatement hearing shall direct one or both parties to explain the background of a case to panel members at the beginning of the hearing to provide necessary information about the initial misconduct and subsequent UPPAC and Board action.

(6) An individual seeking reinstatement shall present documentation or evidence that supports reinstatement.

(7) The Executive Secretary, represented by a UPPAC attorney, shall present any evidence or documentation that explains and supports UPPAC's recommendation in the matter.

(8) Either party may present other evidence or witnesses consistent with Rule R277-212.

(9) The individual seeking reinstatement shall:

(a) focus on the individual's actions, rehabilitative efforts, and performance following suspension;

(b) explain item by item how each condition of the hearing report or consent to discipline was satisfied;

(c) provide documentation in the form of evaluations, reports, or plans, as directed by the hearing report or consent to discipline, of satisfaction of all required and outlined conditions;

(d) be prepared to completely and candidly respond to the questions of the UPPAC attorney and hearing panel regarding:

(i) the misconduct that caused the license suspension;

(ii) subsequent rehabilitation activities;

(iii) counseling or therapy received by the individual related to the original misconduct; and

(iv) work, professional actions, and behavior between the suspension and reinstatement request;

(e) present witnesses and be prepared to question witnesses, including counselors, current employers, support group members, at the hearing who can provide substantive corroboration of rehabilitation or current professional fitness to be an educator; and

(f) provide copies of all reports and documents to the UPPAC attorney and hearing officer at least five days before a reinstatement hearing.

(10) The UPPAC attorney, the hearing panel, and hearing officer shall thoroughly question the individual seeking reinstatement as to the individual's:

(a) underlying misconduct which is the basis of the sanction on the educator's license;

(b) specific and exact compliance with reinstatement requirements;

(d) specific plans for avoiding previous misconduct; and

(e) demeanor and changed understanding of petitioner's professional integrity and actions consistent with Rule R277- 217.

(11) If the individual seeking reinstatement sought counseling as described in Subsection (10)(c), the individual shall state, under oath, that they provided all relevant information and background to their counselor or therapist.

(12) A hearing officer shall rule on procedural issues in a reinstatement hearing in a timely manner as they arise.

(13) No more than 20 days following a reinstatement hearing, a hearing officer, with the assistance of the hearing panel, shall:

(a) prepare a hearing report in accordance with the requirements set forth in Section R277-213-5; and

(b) provide the hearing report to the UPPAC Executive Secretary.

(14) The Executive Secretary shall submit the hearing report to UPPAC at the next meeting following receipt of the hearing report by the Executive Secretary.

(15) UPPAC may do the following upon receipt of the hearing report:

(a) accept the hearing panel's recommendation as prepared in the hearing report;

(b) amend the hearing panel's recommendation with conditions or modifications to the hearing panel's recommendation which shall be:

(i) directed by UPPAC;

(ii) prepared by the UPPAC Executive Secretary; and

(iii) attached to the hearing report; or

(16) After UPPAC makes a recommendation on the hearing panel report, the UPPAC recommendation, the Executive Secretary shall forward the recommendation to the Board for final action on the individual's reinstatement request.

(17) If the Board reinstates an educator's license, the Executive Secretary shall:

(a) update CACTUS or USIMS to reflect the Board's action; and

(b) report the Board's action to the NASDTEC Educator Information Clearing house.

(18) The Executive Secretary shall send notice of the Board's decision no more than 30 days following Board action to:

(a) the educator;

(b) the educator's former LEA.

History

KEY: licensure, reinstatement, hearings
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-213-4 Rights of a Victim at a Reinstatement Hearing

(1) If the allegations that gave rise to the underlying suspension involve abuse of a sexual or physical nature, UPPAC shall make reasonable efforts to notify the victim or the victim's family of the reinstatement request.

(2) UPPAC's notification described in Subsection (1) shall:

(a) advise the victim or the victim's family that a reinstatement hearing has been scheduled;

(b) notify the victim or the victim's family of the date, time, and location of the hearing;

(d) provide the victim or the victim's family with a form upon which the victim can submit a statement for consideration by the hearing panel.

(3) A victim entitled to notification of the reinstatement proceedings shall be permitted:

(a) to attend the hearing; and

(b) to offer the victim's position on the educator's reinstatement request, either by testifying in person or by submitting a written statement.

(4) A victim choosing to testify at a reinstatement hearing shall be subject to reasonable cross examination in the hearing officer's discretion.

(5) A victim choosing not to respond in writing or appear at the reinstatement hearing waives the victim's right to participate in the reinstatement process.

History

KEY: licensure, reinstatement, hearings
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-213-5 Reinstatement Hearing Report

(1) A hearing officer shall provide the following in a reinstatement hearing report:

(a) a summary of the background of the original disciplinary action;

(b) adequate information, including summary statements of evidence presented, documents provided, and petitioner's testimony and demeanor for both UPPAC and the Board to evaluate petitioner's progress and rehabilitation since petitioner's original disciplinary action;

(c) the hearing panel's conclusions regarding petitioner's appropriateness and fitness to be a public school educator again;

(d) the hearing panel's recommendation;

(e) a statement indicating whether the hearing panel's recommendation to UPPAC was unanimous or identifying how the panel members voted concerning reinstatement; and

(f) if the recommendation is to deny the reinstatement request, a recommended time period the educator must wait and requirements the educator must complete, if any, before requesting another reinstatement hearing.

(2)(a) The hearing panel report is a public document under GRAMA following the conclusion of the reinstatement process unless specific information or evidence contained therein is protected by a specific provision of GRAMA, or another provision of state or federal law.

(b) The Executive Secretary shall add the hearing panel report to the UPPAC case file.

(3) If a license is reinstated, an educator's CACTUS or USIMS file shall be updated to:

(a) remove the flag;

(b) show that the educator's license was reinstated; and

History

KEY: licensure, reinstatement, hearings
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-213-6 Reinstatement from Revocation of License

(1) The Executive Secretary shall deny any request for a reinstatement hearing for a revoked license unless the educator's stipulated agreement or revocation order from the Board allows the educator to request a reinstatement hearing consistent with the law at the time of the revocation.

(2) An educator may request that the Superintendent order a reconsideration of the prior Board licensing action if:

(a) an educator provides:

(i) evidence of mistake or false information that was critical to the revocation action; or

(ii) newly discovered evidence:

(A) that undermines the revocation determination; and

(B) that the educator could not have reasonably obtained during the original disciplinary proceedings; or

(b) an educator identifies material procedural Board error in the revocation process.

(3) A request for reconsideration by the Superintendent must be filed within 30 days of Board action for circumstances identified in Subsection (2)(a)(i) or (b).

(4) A request for reconsideration by the Superintendent must be filed within 90 days of discovery of the new evidence for circumstances identified in Subsection (2)(a)(ii).

(5) The Superintendent:

(a) shall make a determination on a request made under Subsection (2) within 60 days; and

(b) may request briefing from the educator and the UPPAC attorney in making a determination.

(6) If the Superintendent finds that the criteria in Subsection (2)(a) have been established, the Superintendent shall make a recommendation to direct UPPAC to conduct a new hearing consistent with Rule R277-212.

(7) If the Superintendent finds that the criteria in Subsection (2)(b) have been established, the Superintendent shall recommend to the Board that they reconsider their previous action.

History

KEY: licensure, reinstatement, hearings
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

R277-214 Criminal Background Review

Utah Admin. Code R277-214-1 Authority, Purpose, and Oversight Category

(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 53E-6-506, which directs the Board to adopt rules regarding UPPAC duties and procedures; 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 establish procedures for evaluation of a licensure applicant's criminal background review.

(3) If a licensed educator is charged with a misdemeanor or felony after receiving a license under Rule R277-301, the Executive Secretary shall review the matter with UPPAC in accordance with Rule R277-211 to determine how to proceed.

(4) The standards and procedures of the Utah Administrative Procedures Act do not apply to this rule under the exemption of Subsection 63G-4-102(2)(d).

(5) This rule is categorized as exempt as described in Rule R277-111.

History

KEY: educator licenses, background reviews, background checks
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-214-2 Initial Submission and Evaluation of Information

(1) The Executive Secretary shall review all information received as part of a criminal background review.

(2) The Executive Secretary may request any of the following information from an educator in determining how to process a criminal background review:

(a) a letter of explanation for each reported offense that details the circumstances, the final disposition, and any explanation for the offense the applicant may want to provide UPPAC, including any advocacy for approving licensing;

(b) official documentation regarding each offense, including court records and police reports for each offense, or if both court records and police reports are not available, a letter from the appropriate court or police department involved, explaining why the records are not available; and

(c) any other information that the Executive Secretary considers relevant under the circumstances in a criminal background review.

(3)(a) The Executive Secretary may only process a criminal background review after receipt of all letters of explanation and documentation requested in good faith by the Executive Secretary.

(b) The Executive Secretary shall provide timely notice if the information provided by an applicant is incomplete.

(4) If an applicant is under court supervision of any kind, including parole, informal or formal probation, or plea in abeyance, the Executive Secretary may not process the background check review until the Executive Secretary receives proof that court supervision has terminated.

(5) It is the applicant's sole responsibility to provide any requested material to the Executive Secretary.

(6) The Executive Secretary shall process criminal background reviews subject to the following criteria:

(a) the Executive Secretary may clear a criminal background review without further action if the arrest, citation, or charge resulted in a dismissal, unless the dismissal resulted from a plea in abeyance agreement;

(b) the Executive Secretary shall forward a recommendation to clear the following criminal background reviews directly to the Board:

(i) singular offenses committed by an applicant, excluding offenses identified in Subsection (6)(c), if the offense occurred more than two years before the date of submission to UPPAC for review;

(ii) two offenses committed by an applicant, excluding offenses identified in Subsection (6)(c), if both offenses occurred more than two years before the date of submission to UPPAC for review; or

(iii) more than two offenses committed by the applicant, excluding offenses identified in Subsection (6)(c), if all offenses occurred more than five years before the date of submission to UPPAC for review;

(c) the Executive Secretary shall forward the following criminal background reviews to UPPAC, which shall make a recommendation to the Board for final action:

(i) any offense where the offense date occurred less than two years before the date of submission to UPPAC;

(ii) more than two offenses where at least one offense occurred less than five years before the date of submission to UPPAC;

(iii) any felony;

(vi) any sex-related or lewdness offense;

(v) any alcohol-related offense or drug-related offense where the offense date was less than five years before the date of submission to UPPAC;

(vi) any offense involving children in any way; and

(vii) any other matter which in the Executive Secretary's discretion, warrants review by UPPAC before consideration by the Board; and

(d) If a criminal background review involves a conviction for an offense identified in Subsection 53E-6-603(2) or an applicant meeting the definition of sex offender under Subsection 53-29-101(15), the Executive Secretary shall forward a recommendation to the Board that clearance be denied.

(7) If, as a result of a criminal background review, it is discovered that an applicant has been convicted of a misdemeanor offense, there is a rebuttable presumption that the following shall apply:

(a) for a single conviction, the individual shall be denied clearance for a period of one year from the date of the conduct giving rise to the charge;

(b) for two convictions:

(i) the individual shall be denied clearance for a period of two years from the date of the conduct giving rise to the most recent charge; and

(ii) if both offenses are alcohol-related offenses or drug-related offenses, the applicant shall present documentation of clinical assessment and recommended treatment before being considered for clearance; and

(i) the applicant shall be denied clearance for a period of five years from the date of the conduct giving rise to the most recent charge; and

(ii) if two or more of the offenses are alcohol-related offense or drug-related offenses, the applicant shall present documentation of clinical assessment and recommended treatment before being considered for clearance.

(8) UPPAC or the Board may deviate from the presumptions specified in Subsection (7) if aggravating or mitigating circumstances apply, as set forth in Section R277-215-3.

(9) The Executive Secretary shall use reasonable discretion to interpret the information received from the Bureau of Criminal Identification to comply with this rule.

(10) If a criminal background review arises as a result of conduct that was cleared in a prior criminal background review by the Executive Secretary, UPPAC, or the Board, the prior action shall be deemed final, and the Executive Secretary shall clear the criminal background review.

History

KEY: educator licenses, background reviews, background checks
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-214-3 Board Review and Appeals

(1) In Board consideration of recommendations of the Executive Secretary and UPPAC for a criminal background review, the following shall apply:

(a) the Board shall consider a criminal background review in accordance with the standards described in Section 53E- 6-603;

(b) the Board may uphold the recommendation of the Executive Secretary or UPPAC; or

(2) If a criminal background review results in an applicant's denial, the Executive Secretary shall provide notice as required by Subsection 53E-6-603(4)(a).

(3) If an applicant requests a hearing in accordance with Subsection 53E-6-603(4)(b), the Executive Secretary shall schedule a hearing within 90 days.

(4) During a hearing on a criminal background review a hearing panel, composed in the same manner as provided for expedited hearings in Subsection R277-210-2(21) shall hear the evidence.

(5) the applicant, or applicant's attorney, and a UPPAC attorney, may present evidence at a hearing, including:

(a) documents submitted to the Executive Secretary in accordance with Subsection R277-214-2(2); and

(b) relevant evidence or witnesses related to:

(i) the facts surrounding the criminal offenses at issue; and

(ii) the applicant's character and conduct since the time of the offense.

(6) The applicant shall have the burden of persuasion by a preponderance of evidence that the applicant is fit for licensure as an educator.

(7) Following the hearing, the hearing officer, with the assistance of the hearing panel, shall prepare a hearing report within 20 days setting forth findings of fact and recommendations in accordance with Subsection 53E-6-603(1).

(8)(a) The Executive Secretary shall submit the matter to UPPAC at the next available meeting following preparation of the report.

(b) UPPAC may:

(i) approve the hearing report; or

(ii) direct the Executive Secretary to prepare an addendum modifying the hearing recommendation and specifying the evidence supporting the modification.

(9) Following UPPAC's recommendation under Subsection (6), the Executive Secretary shall forward the hearing report to the Board.

(10) The Board shall consider the recommendation submitted under Subsection (7) and within a reasonable time shall:

(a) adopt the UPPAC recommendation; or

(b) issue an alternate written determination and action based on the findings of fact made in the hearing report, if the Board disagrees with the UPPAC recommendation.

History

KEY: educator licenses, background reviews, background checks
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

R277-215 Utah Professional Practices Advisory Commission (UPPAC), Disciplinary Rebuttable Presumptions

Utah Admin. Code R277-215-1 Authority, Purpose, and Oversight Category

(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 53E-6-506, which directs the Board to adopt rules regarding UPPAC duties and procedures; 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 establish rebuttable presumptions for UPPAC and Board review of UPPAC cases.

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

History

KEY: educators, disciplinary presumptions
Date of Last Change: May 19, 2026
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-215-2 Rebuttable Presumptions

(1) UPPAC and the Board shall consider the rebuttable presumptions in this section when evaluating a case of educator misconduct.

(2) Revocation is presumed appropriate if an educator:

(a) is subject to mandatory revocation under Subsection 53E-6-604(5)(b);

(b) is convicted of, admits to, or is found pursuant to an evidentiary hearing to have engaged in viewing or distributing child pornography, whether real or simulated, on or off school property;

(c) is convicted of an offense that requires the educator to register as an offender under Title 53, Chapter 29 Sex, Kidnap, and child Abuse Offender Registry;

(d) intentionally provides alcohol or illegal drugs to a minor;

(e) is convicted of a violation of:

(i) Section 76-5-202;

(ii) Section 76-5-203;

(iii) Section 76-5-205; or

(iv) Section 76-5-208.

(3)(a) Suspension of ten years or more is presumed appropriate if an educator is convicted of any felony not specified in Subsection (2).

(b) An educator who is suspended based on a felony conviction under Subsection (3)(a) may apply for a reinstatement hearing early if the educator's felony:

(i) is expunged; or

(ii) is reduced pursuant to Section 76-3-402.

(4) Suspension of three years or more is presumed appropriate if an educator:

(a) engages in a boundary violation with a student or minor that is sexual in nature that is not sexually explicit conduct;

(b) engages in consensual sexual activity on school grounds, during contract hours, or while actively responsible for supervising students;

(d) is convicted of using physical force with a minor if the conduct results in a conviction of a class A misdemeanor;

(e) is convicted of an offense that results in the educator being placed on court supervision for three or more years;

(f) is convicted of theft or intentional misappropriation of public funds; or

(g) intentionally misappropriates public funds or property in an amount of $500 or more.

(5) Suspension of one to three years is presumed appropriate, if an educator:

(a) willfully or knowingly creates, views, or gains access to sexually inappropriate material on school property or using school equipment;

(b) is convicted of one or more class A misdemeanor violence offenses under Title 76, Chapter 5, Offenses Against the Person, or a comparable statute from a jurisdiction outside of Utah;

(c) is convicted of two or more misdemeanor violence offenses under Title 76, Chapter 5, Offenses Against the Person, or a comparable statute from a jurisdiction outside of Utah, in the last three years;

(d) is convicted of using physical force with a minor if:

(i) the conviction is a class B misdemeanor or lower; and

(ii) the minor is a student in the educator's school;

(e) engages in repeated incidents of or a single egregious incident of excessive physical force or discipline to a student that does not meet the circumstances described in Subsection 53G-8-301(4);

(f) bullies or threatens a student physically, verbally, or electronically;

(g) engages in a pattern of boundary violations with a student or minor under a circumstance not described in Subsection (4)(a);

(h) engages in multiple incidents or a pattern of theft or misappropriation of public funds that does not result in a criminal conviction;

(i) attends a school or school-related activity in an assigned employment-related capacity while possessing, using, or under the influence of alcohol or illegal drugs;

(j) is convicted of two drug-related offenses or alcohol-related offenses in the three years previous to the most recent conviction;

(k) engages in a pattern of or a single egregious incident of:

(i) harassing;

(ii) bullying; or

(iii) threatening a co-worker or community member; or

(l) knowingly and deliberately falsifies or misrepresents information on an education-related document.

(6) A suspension of up to one year is presumed appropriate if an educator:

(a)(i) engages in inappropriate conduct that warrants lesser discipline; and

(ii) has previously received two or more disciplinary letters or actions from UPPAC, including a letter of admonishment, education or warning, related to similar incidents of inappropriate conduct;

(b) fails to report to appropriate authorities suspected child or sexual abuse;

(d) knowingly teaches, counsels, or assists a minor student in a manner that disregards a legal, written directive, such as a court order.

(7) A reprimand is presumed appropriate if an educator:

(a) engages in conduct described in Subsection (8) that is more egregious or repetitive than the conduct described in Subsection (8); or

(b)(i) engages in reportable inappropriate conduct that warrants lesser discipline; and

(ii) within the previous ten years, has received two or more written disciplinary actions from the same LEA for similar inappropriate conduct related to a violation of Board rule or LEA policy.

(8) A letter of warning is presumed appropriate if an educator:

(a) engages in a miscellaneous minimal boundary violation with a student or minor, whether physical, electronic, or verbal;

(b) engages in minimal inappropriate physical contact with a student;

(d) engages in an inappropriate discussion with a student that violates state or federal law;

(e) knowingly violates a requirement or procedure for special education needs;

(f) knowingly violates a standardized testing protocol;

(g) is convicted of one of the following with or without court probation:

(i) a single driving under the influence of alcohol or drugs offense under Section 41-6a-502;

(ii) impaired driving under Section 41-6a-502.5; or

(iii) a charge that contains identical or substantially similar elements to the state's driving under the influence of alcohol or drugs law or under the law of another state or territory;

(h) carelessly mismanages public funds or fails to accurately account for receipt and expenditure of public funds entrusted to the educator's care;

(i) fails to make a report required by Rule R277-217;

(j) except for a class C misdemeanor under Title 41, Motor Vehicles, is convicted of one or two misdemeanor offenses not otherwise listed;

(k) engages in an activity that constitutes a conflict of interest;

(l)(i) is convicted of using physical force with a minor if the conduct results in a conviction of a class B misdemeanor or lower; and

(ii) the inappropriate conduct does not involve a student at the educator's school; or

(m) engages in other minor violations of the Utah Educator Standards in Rule R277-217.

(9) A letter of education is presumed appropriate if the evidence does not show a violation of the educator standards in Rule R277-217, but the evidence may show conduct that could lead to a violation of the standards in the future.

History

KEY: educators, disciplinary presumptions
Date of Last Change: May 19, 2026
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-215-3 Aggravating and Mitigating Circumstances

(1) In the course of evaluating a presumption described in this rule, UPPAC or the Board may consider deviating from the presumptions if:

(a) the presumption does not involve a revocation mandated by statute; and

(b) relevant aggravating or mitigating factors exist.

(2) An aggravating factor may include evidence of the following:

(a) the educator has engaged in prior misconduct;

(b) the educator presents a serious threat to a student;

(d) the educator's misconduct involved a particularly vulnerable student;

(e) the educator's misconduct resulted in physical or psychological harm to a student;

(f) the educator violated multiple standards of professional conduct;

(g) the educator's attitude exhibits indifference, flippancy, disregard, or defiance towards the allegations or the consequences;

(h) the educator's misconduct continued after investigation by the LEA or UPPAC;

(i) the educator holds a position of heightened authority as an administrator;

(j) the educator's misconduct had a significant impact on the LEA or the community;

(k) the educator's misconduct was witnessed by a student;

(l) the educator was not honest or cooperative in the course of UPPAC's investigation;

(m) the educator was convicted of crime as a result of the misconduct;

(n) any other factor that, in the view of UPPAC or the Board, warrants a more serious consequence for the educator's misconduct; and

(o) the educator is on criminal probation or parole; or

(p) the Executive Secretary has issued an order of default on the educator's case as described in Rule R277-211 or R277-212.

(3) A mitigating factor may include evidence of the following:

(a) the educator's misconduct was the result of strong provocation;

(b) the educator was young and new to the profession;

(c) the educator's attitude reflects recognition of the nature and consequences of the misconduct and demonstrates a reasonable expectation that the educator will not repeat the misconduct;

(d) the educator's attitude suggests amenability to supervision and training;

(e) the educator has little or no prior disciplinary history;

(f) since the misconduct, the educator has an extended period of misconduct-free classroom time;

(g) the educator was a less active participant in a larger offense;

(h) the educator's misconduct was directed or approved, whether implicitly or explicitly, by a supervisor or person in authority over the educator;

(i) the educator has voluntarily sought treatment, counseling or training specific to the misconduct;

(j) the educator has made a timely, good faith effort to make restitution or rectify the consequences of the educator's misconduct;

(k) there was insufficient training or other policies that might have prevented the misconduct;

(l) there are substantial grounds to partially excuse or justify the educator's behavior though failing to fully excuse the violation;

(m) the educator self-reported the misconduct;

(n) the educator received a plea in abeyance from the court for criminal charges stemming from the alleged misconduct;

(o) any other factor that, in the view of UPPAC or the Board, warrants a less serious consequence for the educator's misconduct.

(4)(a) UPPAC and the Board have sole discretion to determine the weight they give to an aggravating or mitigating factor.

(b) The weight UPPAC or the Board give an aggravating or mitigating factor may vary in each case and any one aggravating or mitigating factor may outweigh some or all other aggravating or mitigating factors.

History

KEY: educators, disciplinary presumptions
Date of Last Change: May 19, 2026
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-215-4 Circumstances Warranting Consideration of Deviation from Presumptions

(1) UPPAC and the Board shall consider reducing a presumed suspension under this Rule R277-215 if the evidence shows that:

(a) the educator's misconduct resulted in a disproportionate period of missed classroom time; or

(b) UPPAC's investigation into a matter with no pending criminal charges took more than six months to present to UPPAC under Subsection R277-211-3(3)(e) due to circumstances beyond the educator's control.

(2) UPPAC and the Board may consider reducing a presumed suspension period to correspond to a probationary period in an educator's court plea in abeyance agreement if the plea results from charges stemming from the educator's alleged misconduct.

History

KEY: educators, disciplinary presumptions
Date of Last Change: May 19, 2026
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

R277-216 Surrender of License with UPPAC Investigation Pending

Utah Admin. Code R277-216-1 Authority, Purpose, and Oversight Category

(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 53E-6-506, which directs the Board to adopt rules regarding UPPAC duties and procedures; 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 establish procedures for Board consideration of an educator request to surrender a license in the face of a UPPAC investigation.

(3) The standards and procedures of the Utah Administrative Procedures Act do not apply to this rule under the exemption of Subsection 63G-4-102(2)(d).

(4)(a) With regards to Section R277-216-2, this rule is categorized as Category 4 as described in Rule R277-111.

(b) With regards to Section R277-216-3, this rule is categorized as exempt as described in Rule R277-111.

History

KEY: educators, license surrender, UPPAC
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-216-2 Petition to Surrender

(1) An educator may surrender an educator license at any point before final Board action on the recommendation from a UPPAC investigation.

(2) An educator who requests to surrender an educator license under Subsection (1), shall submit a petition to UPPAC for submission to the Board, which shall include:

(a) a brief statement of the procedural history of the investigation leading up to the voluntary surrender;

(b) a statement that the educator is entitled to due process in UPPAC's investigation and that the educator freely and voluntarily waives the educator's due process rights, including:

(i) a right to a hearing;

(ii) a right to confront and cross examine witnesses;

(iii) a right to present witnesses;

(iv) a right to an impartial decision based upon evidence presented at the hearing; and

(v) a right to subpoena witnesses; and

(c) a statement that the educator surrenders the educator's license freely and voluntarily and without coercion or duress;

(d) a statement that the educator:

(i) is represented by counsel; or

(ii) understands the educator's right to be represented by counsel and knowingly and voluntarily waives the assistance of counsel in UPPAC's investigation;

(e) a statement that the educator is fully aware of the implications of surrendering the educator's license with an investigation pending, including:

(i) that the educator may not work, consult, or volunteer in any K-12 public school in the Utah in any capacity;

(ii) that the educator is not eligible for a reinstatement hearing at any time;

(iii) that UPPAC case file and case resolution are subject to public disclosure in accordance with state and federal law;

(iv) that notification of the educator's license surrender will be shared with all states through NASDTEC; and

(v) except as provided in Subsection (3), that notification of the educator's license surrender will be:

(A) classified and reported as a voluntary surrender (UPPAC investigation); and

(B) shared with LEAs throughout the state.

(3) If an educator surrenders a license during an investigation of allegations described in Subsection 53E-6-604(5)(b), the surrender will be:

(a) classified and reported as a revocation; and

(b) shared with LEAs through the state.

(4)(a) Voluntary surrender of a license as set forth in this section is permanent.

(b) An educator who surrenders a license as set forth in this section is not eligible for a reinstatement hearing at any time.

History

KEY: educators, license surrender, UPPAC
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-216-3 Review of Petition to Surrender

(1)(a) Upon receiving a petition as provided in Subsection R277-216-2(2), the Executive Secretary shall review the request for surrender to determine if it meets the requirements set forth in the rule.

(b) If the requirements of Subsection R277-216-2(2) are not met, the Executive Secretary shall notify the educator that the request is insufficient and the reasons why the request is insufficient.

(c) If the requirements of Subsection R277-216-2(2) are met, the Executive Secretary shall notify the Board of the voluntary surrender and request direction on whether to continue the investigation.

(2) Upon receipt of a voluntary surrender of an educator license, the Executive Secretary shall:

(a) notify the educator:

(i) that the voluntary surrender was received;

(ii) whether the Board required UPPAC to continue the investigation;

(iii) that the voluntary surrender will be reported in the public record as a voluntary surrender with pending UPPAC investigation except as provided in Subsection R277-216-2(3);

(iv) that the voluntary surrender will be reported to NASDTEC and to LEAs throughout the state; and

(v) that the educator's license cannot be reinstated at any time.

(b) update the educator's licensing file in CACTUS or USIMS to reflect the disposition;

(d) notify the educator's last employer of record;

(e) report the disposition to LEAs through the state; and

(f) provide the educator a copy of the report to LEAs described in Subsection (2)(e).

History

KEY: educators, license surrender, UPPAC
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

Utah Admin. Code R277-216-4 Applicability of Rule

This Rule R277-216 does not apply to an educator's voluntary surrender of the educator's license if the educator is not under investigation by UPPAC.

History

KEY: educators, license surrender, UPPAC
Date of Last Change: February 9, 2026
Notice of Continuation: December 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-506; 53E-3-401(4)

R277-217 Educator Standards and LEA Reporting

Utah Admin. Code R277-217-1 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;

(d) Title 53E, Chapter 6, Educator Licensing and Professional Practices Act, which provides all laws related to educator licensing and professional practices.

(2) The purpose of this rule is to:

(a) establish statewide ethical standards for educators;

(b) establish reporting requirements for educators and LEAs; and

(c) recognize that educators are professionals and share common professional standards, expectations, and role model responsibilities.

History

KEY: educator standards, professional practices, reporting
Date of Last Change: May 19, 2026
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-3-501; 53E-6

Utah Admin. Code R277-217-2 Prohibited Conduct by an Educator

An educator may not:

(1) be convicted of a felony;

(2) be convicted of a misdemeanor offense that:

(a) adversely affects the educator's ability to perform an assigned duty and carry out the educator's responsibilities; or

(b) adversely affects the well being of students;

(3) be convicted of, or engage in conduct of a sexual nature described in Subsection 53E-6-603(2);

(4) participate in sexual, physical, or emotional harassment toward any colleague or public school-age student;

(5) engage in consensual sexual activity on school grounds, during contract hours, or while responsible for actively supervising students;

(6) knowingly engage in sexually explicit conduct with a recent graduate from the educator's school;

(7) engage in:

(a) a single egregious instance of inappropriate contact, repetitive inappropriate contact, or a pattern of inappropriate contact in any communication, including written, verbal, or electronic, with a minor, student, colleague, or member of the community; or

(b) a single egregious instance or pattern of boundary violations with a student or minor;

(8) solicit, encourage, or consummate an inappropriate relationship, whether written, verbal, or physical, with a student or minor;

(9) accept an inappropriate gift from, or give an inappropriate gift to, a student;

(10) be convicted of or commit a criminal offense involving a child, including physical abuse, cruelty, or exploitation of child;

(11) use corporal punishment, excessive physical force, or inappropriate physical restraint, except as provided in Subsection 53G-8-301(4);

(12) provide alcohol or unauthorized drugs to a student or allow a student under the educator's supervision or control to consume or obtain alcohol or unauthorized drugs;

(13) attend school or a school-related activity in an assigned employment-related capacity while possessing, using, or under the influence of alcohol or an illegal drug;

(14) attend school or a school-related activity in an assigned employment-related capacity after intentionally exceeding the prescribed dosage of a prescription medication that may impair the educator;

(15) possess or distribute an illegal drug or be convicted of any crime related to an illegal drug, including a prescription drug not specifically prescribed to the educator;

(16) be convicted of an alcohol-related offense;

(17) use or attempt to use an LEA computer or information system to access information that may be detrimental to students or inconsistent with the educator's role model responsibility;

(18) knowingly possess, while at school or any school-related activity, any pornographic or indecent material in any form;

(19) use school equipment to intentionally view, create, distribute, or store pornographic or indecent material in any form;

(20) knowingly use, view, create, distribute, or store pornographic or indecent material involving children;

(21) expose students to sensitive materials:

(a) as defined in Section 53G-10-103; and

(b) as determined by the educator's LEA.

(22) expose a student to materials that are inappropriate given the age and maturity of the student;

(23) violate state laws regarding the possession of a firearm while on school property or at a school-sponsored activity;

(24) knowingly allow a student to violate the law or an LEA policy written consistent with state law concerning possession or access to a weapon;

(25) interfere with or discourage a student's or colleague's exercise of constitutional, legal, or civil rights;

(26) discriminate against, harass, exclude a student from participating in any program, deny or grant any benefit to a student, or encourage a student to develop a prejudice on the basis of:

(a) race;

(b) color;

(d) sex;

(e) national origin;

(f) marital status;

(g) political belief or creed;

(h) physical or mental condition;

(i) family, social, or cultural background;

(j) sexual orientation; or

(k) gender identification;

(27) invite, suggest, or encourage a student to reconsider or change the student's sexual orientation or gender identity;

(28) use the educator's position, through language, instruction, materials, or symbols, to actively endorse, promote, or disparage another individual's;

(a) race;

(b) color;

(d) sex;

(e) national origin;

(f) marital status;

(g) political belief or creed;

(h) physical or mental condition;

(i) family, social, or cultural background;

(j) sexual orientation; or

(k) gender identification;

(29) knowingly or intentionally permit unauthorized collection, sharing, or use of student data;

(30) knowingly violate student confidentiality unless revealing confidential information to an authorized person serves the best interest of the student and serves a lawful purpose;

(31) violate:

(a) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act;

(b) Title 53E, Chapter 9, Student Privacy and Data Protection;

(d) Section R277-120-5, Classroom Materials Developed by Utah Educators; or

(e) Sections 53G-10-402 through 53G-10-403, Rule R277-474, or other Utah law regarding sex education; or

(32) cheat or engage in academic dishonesty, whether on behalf of a student, or in the educator's own educational pursuits.

History

KEY: educator standards, professional practices, reporting
Date of Last Change: May 19, 2026
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-3-501; 53E-6

Utah Admin. Code R277-217-3 Required Conduct for an Educator

An educator shall:

(1) comply with all federal, state, and local laws;

(2) maintain a professional educator and student relationship, including by:

(a) treating a student with dignity and respect by promoting the health, safety and well being of students; and

(b) maintaining appropriate physical, verbal, emotional and social boundaries;

(3) take prompt and appropriate action to stop, mitigate, and prevent harassment, inappropriate language or conduct, or discriminatory conduct toward a student or school employee that the educator knew or should have known may result in a hostile, intimidating, abusive, offensive, or oppressive environment;

(4) take prompt and appropriate action to protect a student from any known condition detrimental to the student's physical health, mental health, safety, or learning;

(5) report suspected child abuse or neglect to law enforcement or the Division of Child and Family Services in accordance with Sections 53E-6-701 and 80-2-602;

(6) take appropriate steps to notify a student's parents and refer a student to appropriate prevention services if a student threatens suicide or self harm as required by Subsections 53E-9-203(7) and 53G-9-604(2);

(7) provide truthful, accurate, and complete information in:

(a) licensing, transfer, and employment applications or other documentation;

(b) evaluations of the educator, other educators, or students;

(d) student IEP plans and related special education documentation;

(8) be forthcoming with truthful, accurate, and complete information to an appropriate authority regarding known educator misconduct that could adversely impact performance of a professional responsibility, by another educator;

(9) subject to the educator's constitutional rights against self-incrimination, fully cooperate with the Division of Child and Family Services, criminal or civil law enforcement and LEA investigations involving a student or employee of the educator's LEA by:

(a) responding truthfully and promptly to lawful inquiries by law enforcement;

(b) providing relevant information within the educator's knowledge or possession; and

(10) notify the Superintendent at the time of application for licensure of:

(a) current investigations involving professional misconduct in another jurisdiction;

(b) prior licensing disciplinary action in another jurisdiction; and

(11) report an arrest, citation, charge or conviction to the educator's LEA in accordance with Section R277-217-4;

(12) conduct financial business with integrity by honestly accounting for all funds committed to the educator's charge, as school responsibilities require, consistent with LEA policy;

(13) follow an LEA's fiscal policy for collecting money in connection with a school activity, accounting for all money collected, and not commingling LEA or school funds with personal funds as described in Rule R277-113;

(14) demonstrate honesty and integrity by strictly adhering to all state and LEA instructions and protocols in managing and administering a standardized test to a student consistent with Section 53E-4-312 and Rule R277-404; and

(15) use supplemental materials consistent with LEA policy as required by Subsection 53G-4-402(26).

History

KEY: educator standards, professional practices, reporting
Date of Last Change: May 19, 2026
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-3-501; 53E-6

Utah Admin. Code R277-217-4 Educator Reporting of Arrests, Citations, Charges, and Convictions

(1) An educator who is arrested, cited, or charged with the following alleged offenses shall report the arrest, citation, or charge within 48 hours or as soon as possible to the licensed educator's district superintendent, charter school director, or the LEA's designee, or to the Executive Secretary if not employed:

(a) any matters involving an alleged sex offense;

(b) any matters involving an alleged drug-related offense;

(d) any matters involving an alleged offense against the person under Title 76, Chapter 5, Offenses Against the Person;

(e) any matters involving an alleged felony offense under Title 76, Chapter 6, Offenses Against Property;

(f) any matters involving an alleged crime of domestic violence under Title 77, Chapter 36, Cohabitant Abuse Procedures Act; and

(g) any matters involving an alleged crime under federal law or the laws of another state comparable to the violations listed in Subsections (1)(a) through (f).

(2) An educator shall report any conviction or plea in abeyance for a felony or misdemeanor offense to the educator's LEA, or the Executive Secretary if not employed, within 48 hours, or as soon as possible thereafter.

(3) An LEA superintendent, director, or designee shall report conviction, arrest, or offense information received from an educator to the Superintendent within 48 hours of receipt of information from an educator.

(4) The Superintendent shall provide a form on the Board's website for reports required under this section.

(5) An educator shall report for work following an arrest and provide notice to the licensed educator's employer unless directed not to report for work by the employer, consistent with LEA policy.

History

KEY: educator standards, professional practices, reporting
Date of Last Change: May 19, 2026
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-3-501; 53E-6

Utah Admin. Code R277-217-5 LEA Reporting of Misconduct to UPPAC

(1) An LEA shall notify UPPAC if an educator is determined pursuant to a judicial or administrative proceeding, or internal LEA investigation, to have violated the educator standards described in Sections R277-217-2 and R277-217-3.

(2)(a) A district superintendent or a charter school director, or their respective designees, shall notify UPPAC and the educator of any allegation from a parent that an educator's conduct violated Sections R277-217-2 and R277-217-3 within 30 days of receiving the allegation.

(b) The Executive Secretary shall record an allegation received under Subsection (2)(a), but shall defer further investigation pending the LEA's determination of possible LEA discipline.

(c) The Executive Secretary shall classify allegations received under Subsection (1) or Subsection (2)(a) as private under Subsection 63G-2-302(2)(d).

(3) For each allegation referred to UPPAC under Subsections (1) and (2)(a), an LEA shall notify UPPAC of:

(a) the findings of the LEA's internal investigation or administrative proceedings;

(b) criminal charges filed by a prosecuting agency;

(d) any evidence that may be relevant if UPPAC chooses to investigate the matter.

(4) The Executive Secretary shall provide a form for an LEA to make a notification required under Subsections (1) and (2).

(5) Upon submitting a notification under Subsection (1) or (2), an LEA may make a recommendation to the Executive Secretary concerning whether an investigation by UPPAC would be appropriate under the circumstances, taking into account any employment action taken by the LEA, but the LEA's recommendation is not binding on UPPAC, which shall make its own independent determination consistent with Section R277-211-3.

History

KEY: educator standards, professional practices, reporting
Date of Last Change: May 19, 2026
Notice of Continuation: October 1, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-3-501; 53E-6

R277-302 Educator Licensing Renewal

Utah Admin. Code R277-302-1 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; and

(2) The purpose of this rule is to ensure that licensed educators maintain and enhance their education-related skills and knowledge throughout the duration of the license.

History

KEY: license renewal, educators
Date of Last Change: May 8, 2024
Notice of Continuation: March 11, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-302-2 Definitions

(1) "Alternate professional learning activities" means activities that enhance or improve the education-related skills and knowledge of an educator serving in school, but not in a role as a primary educator, including:

(a) work as a paraprofessional;

(b) substitute teaching in a public school;

(d) travel with an educational purpose or component;

(e) presenting at professional conferences, including the time to design or prepare the presentation;

(f) educational research;

(g) work as a department chair in a public school.

(2) "Conflict of interest" means a business, family, monetary, or relationship concern that may cause a reasonable educator to be unduly influenced or that creates the appearance of undue influence.

(3) "Educator" has the same meaning as defined in Section 53E-6-102.

(4) "Educator collaboration opportunities" mean opportunities in which educators engage in data analysis in collaboration with colleagues to inform instructional adjustments and student need, including through professional learning communities.

(5) "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

(6) "Licensed administrator" means:

(a) an individual holding a current Utah educator license with a school leadership license area of concentration;

(b) an individual, familiar with the requirements of this rule, holding an equivalent license in another jurisdiction; or

(c) an individual currently employed in an administrative position in a Utah charter school or accredited private school.

(7)(a) "Professional education entity" means a public or private organization engaged in services related, in whole or in part, to promoting education.

(b) "Professional education entity" includes:

(i) an LEA;

(ii) the Board, including its staff;

(iii) another elected or appointed government body responsible for education policy;

(iv) a regional service center;

(v) a union or association of professional educators;

(vi) an association whose members are comprised of Utah LEAs or schools;

(vii) an accredited p-12 private institution; and

(viii) a regionally accredited college or university.

(8) "Professional learning experiences" means learning experiences in:

(a) curriculum development;

(b) school improvement;

(d) instructional coaching.

(9) "Professional service" means service in a local, state, or national government or professional education association leadership role.

History

KEY: license renewal, educators
Date of Last Change: May 8, 2024
Notice of Continuation: March 11, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-302-3 Educator License Renewal Requirements

(1) An individual that holds a current Utah educator license may apply to the Superintendent for renewal of the license after meeting all requirements detailed in this rule between January 1 and June 30 of the year in which the educator's license expires.

(2) An individual that holds an expired associate or professional Utah educator license may apply to the Superintendent for renewal of the license after meeting all requirements detailed in this rule.

(3) A Utah educator license holder shall accrue 100 license renewal hours prior to license renewal, beginning with the date of each new renewal.

(4) Prior to applying for renewal, an individual that holds a professional Utah educator license shall:

(a) complete license renewal hours as detailed in Section R277-302-7 during the five years prior to the date of renewal;

(b) complete the USBE educator ethics review during the year prior to the date of renewal; and

(5) Prior to applying for renewal, an individual that holds an associate Utah educator license shall:

(a) have less than three years of experience in an educator position related to the area of licensure in a public or accredited private school in Utah;

(b) meet the current content knowledge requirements for an associate educator license related to the educator's area of licensure detailed in Section R277-301-4;

(c) redo the professional learning modules required for an associate educator license detailed in Section R277-301-4 during the six months prior to the date of renewal;

(d) complete the USBE educator ethics review during the year prior to the date of renewal; and

(e) maintain ongoing background monitoring in accordance with Section 53E-6-401.

(6) Prior to qualifying for renewal, an individual that holds an LEA-specific Utah educator license shall:

(a) comply with the LEA's policy for employment and professional learning;

(b) provide documentation of 60 renewal hours, consistent with Section R277-302-7;

(d) maintain ongoing background monitoring in accordance with Section 53E-6-401.

History

KEY: license renewal, educators
Date of Last Change: May 8, 2024
Notice of Continuation: March 11, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-302-4 Superintendent Responsibilities

(1) The Superintendent shall establish application procedures for Utah educator license renewal that:

(a) include simplified procedures for an educator that:

(i) is currently employed in an educator position by a professional education entity;

(ii) has been employed in an educator position by a professional education entity in each of the years covered by the individual's Utah educator license; and

(iii) has participated in professional learning activities as required by Subsection R277-302-6(1);

(b) where Subsection (1)(a) does not apply, require verification of the educator's completed license renewal hours by the signature of a current licensed administrator without a conflict of interest with the educator; and

(c) is completed through an automated, online platform, to the extent reasonably possible given existing technology and resources.

(2) The Superintendent shall monitor a random sample of approximately 10% of annual renewals that utilize automated or online procedures.

(3) The Superintendent shall provide guidance to educators to the extent that funding allows that:

(a) promotes participation in activities that are not cost intensive;

(b) encourages licensed administrators to consider a broad variety of activities under Subsection R277-302-7(4)(d); and

(c) supports educators in learning how and where to earn renewal hours without directly referring educators to paid services.

(4)(a) The Superintendent may monitor any renewal transaction for accuracy and compliance with this rule.

(b) The Superintendent may void a license transaction that was completed on the basis of inaccurate information at any time with notice to the license holder.

(5) If the Superintendent identifies evidence of intentional misconduct, which violates Rule R277-217 during monitoring in accordance with Subsection (4), the Superintendent shall report the allegations to UPPAC.

(6) The Superintendent shall provide a model policy to facilitate the resolution of a conflict between a licensed educator and a licensed administrator that arises based on the requirement detailed in Subsection R277-302-4(1)(b), which may include a provision for review of the issues by the Superintendent.

History

KEY: license renewal, educators
Date of Last Change: May 8, 2024
Notice of Continuation: March 11, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-302-5 Educator Responsibilities

(1) An educator is responsible for acquiring and retaining documentation and signatures related to the completion of professional learning activities used to meet the requirements of this rule.

(2) An educator shall finalize all renewal documentation during the six months prior to the date of renewal.

(3) An educator shall retain all documentation related to a renewal application under this rule for no less than one year from the date of renewal.

(4) If an educator's renewal application is identified for monitoring in accordance with Subsections R277-302-4(2) and (3), the educator shall submit any requested documentation to the Superintendent in a timely manner.

History

KEY: license renewal, educators
Date of Last Change: May 8, 2024
Notice of Continuation: March 11, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-302-6 LEA Responsibilities

(1) An LEA that employs an individual holding a professional Utah educator license shall provide opportunities for the individual to complete a minimum of the equivalent of 20 license renewal hours as defined in Section R277-302-7 of professional learning activities to all such license holders annually, which shall include trainings required by state law or Board rule.

(2) An LEA shall maintain or provide to the educator documentation of professional learning activities under Subsection (1).

(3) If an individual that holds a professional Utah educator license does not participate in the activities provided under Subsection (1), the educator's LEA shall notify the educator and the Superintendent that the educator is not eligible to utilize the simplified procedures described in Subsection R277-302-4(1)(a).

History

KEY: license renewal, educators
Date of Last Change: May 8, 2024
Notice of Continuation: March 11, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-302-7 Professional Renewal Activities

(1) An educator with a current assignment in a Utah LEA shall complete renewal hours in at least two of the areas identified in this Section R277-302-7, subject to the maximum renewal hours in Subsection (4).

(2) An educator without a current assignment in a Utah LEA shall complete renewal hours in any area identified in this Section R277-302-7 with no maximum renewal hours in any given area.

(3) Notwithstanding Subsections (1) and (2):

(a) an educator may receive 100 hours toward renewal for earning national board certification, with no further renewal hours required;

(b) an educator may receive 20 hours per national board certification component completed during any given renewal cycle; or

(c) an educator who held a Level 3 license prior to July 1, 2020, may receive 25 renewal hours in recognition of the Level 3 requirements in the educator's first renewal after July 1, 2020.

(4) An educator may complete renewal hours in the following areas:

(a) Professional learning experiences, up to a maximum of 90 hours, as follows:

(i) one renewal hour for each clock hour of scheduled professional learning activities sponsored or approved by a professional education entity in the following areas:

(A) university coursework;

(B) USBE professional learning;

(D) school improvement;

(E) mentoring and training of new teachers;

(F) training and support designed specifically for new teachers or teachers identified as ineffective on the teacher's annual evaluation;

(G) instructional coaching; or

(H) conferences, workshops, institutes, trainings, symposia, or staff-development programs; or

(ii) ten renewal hours per year for a teacher evaluation deemed highly effective;

(b) Educator collaboration opportunities, with one renewal hour for each clock hour up to a maximum of 30 hours;

(d) Alternate learning opportunities, with one renewal hour for each clock hour up to a maximum of 30 hours; and

(e) Teaching during the COVID-19 pandemic, with 20 hours for each year the educator had a teaching assignment during:

(i) the 2019-20 school year;

(ii) the 2020-21 school year; and

(iii) the 2021-22 school year.

History

KEY: license renewal, educators
Date of Last Change: May 8, 2024
Notice of Continuation: March 11, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-302-8 Licensing Renewal Point Options for Grandfathered Licenses

(1) Notwithstanding Subsection R277-302-3(4)(a), an educator whose professional Utah educator license has an expiration date prior June 30, 2025 may earn license renewal points in accordance with this Section R277-302-8 on the educator's first subsequent renewal, in addition to the options described in Section R277-302-7 if the educator does not meet the renewal requirements detailed in this rule.

(2) If an educator chooses to earn license renewal points under this Section R277-302-8:

(a) an educator who held a level two or three license prior to June 30, 2020, shall accrue 200 points in the five years prior to applying for renewal; and

(b) an educator who held a level one license prior to June 30, 2020 shall accrue 100 points in the three years prior to applying for renewal.

(3) An educator may earn license renewal points for employment in a position requiring a Utah educator license, as follows:

(a) An educator may earn 35 license renewal points per year of employment, up to a maximum of 105 points per license cycle; and

(b) An educator may only count years of employment with satisfactory performance evaluations for license renewal points.

(4) An educator may earn license renewal points for content and pedagogy testing, as follows:

(a) A qualifying test must be approved by the Superintendent;

(b) For each qualifying test submitted with a passing score, the educator qualifies for 25 license renewal points; and

(5) An educator may receive license renewal points for service in a leadership role in a national, state-wide, or LEA- recognized professional education organization, as follows:

(a) The educator's direct administrative supervisor shall approve qualifying service under Subsection (5); and

(b) Each clock hour of participation qualifies for one license renewal point, not to exceed ten points per year.

(6) An educator may receive license renewal points for substituting in a public school or accredited private school in Utah, as follows:

(a) The educator must have an inactive license during the school year the points are earned;

(b) Two hours of documented substitute time equals one license renewal point, not to exceed 25 points per year or 50 points per license cycle; and

(c) A licensed administrator at the LEA where the substitute teaching occurred shall verify hours on LEA or school letterhead;

(7) An educator may receive license renewal points for paraprofessional or volunteer service in a public school or accredited private school in Utah, as follows:

(a) The educator must have an inactive license during the school year the points are earned;

(b) Three hours of documented paraprofessional or volunteer service equals one license renewal point, not to exceed 25 points per year or 50 points per license cycle; and

(c) A licensed administrator at the LEA where the paraprofessional or volunteer service occurred shall verify hours on LEA or school letterhead.

History

KEY: license renewal, educators
Date of Last Change: May 8, 2024
Notice of Continuation: March 11, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

R277-303 Educator Preparation Programs

Utah Admin. Code R277-303-1 Authority, Purpose and Oversight Category

(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;

(d) Section 53E-6-302, which requires the Board to establish standards for approval of educator preparation programs.

(2) The purpose of this rule is to establish flexible criteria for demonstration of competency in educator preparation programs in Utah.

(3) This Rule R277-303 is categorized as Category 4 as described in Rule R277-111.

History

KEY: educator preparation program
Date of Last Change: November 21, 2025
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201(3)(a)

Utah Admin. Code R277-303-2 Definitions

(1) "Candidate" means an individual enrolled in an approved educator preparation program who is working toward completing the requirements for a Utah professional educator license.

(2) "Clinical experience" means a structured opportunity in which:

(a) a licensed educator mentors a program candidate;

(b) a school or district administrator or institution of higher education preparation program faculty member with appropriate training evaluates program candidates; and

(c) a program candidate develops and demonstrates competency in the skills and knowledge necessary to be an effective educator.

(3) "Competency" means evidence of successful application of knowledge and skills shown through demonstration in a higher education or prek-12 classroom setting.

(4) "Completer" means a candidate who has completed licensure requirements and been endorsed for licensure by an approved educator preparation program.

(5)(a) "Educator preparation program" means a comprehensive program administered by an entity that is intended to prepare individuals to meet the requirements for a Utah professional license or license area of concentration.

(b) "Educator preparation program" may include a program developed by or associated with an institution of higher education, individual LEA, a consortium of LEAs, or the Board.

(6) "Flexibility," for alternative preparation programs, means the process by which a program exercises local decision- making to design and implement focused options to meet program and applicant licensing needs, without adding additional requirements beyond those outlined in Board rule, and allowing a teacher to demonstrate competency where reasonably possible in lieu of coursework or other requirements, consistent with the purpose of Board licensing rules.

(7) "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

(8) "License area" has the same meaning as set forth in Subsection R277-301-2(6).

(9) "Low rates of passage," as described in Subsection 53E-6-302(8) and this rule, means a university preparation program with less than a 75% passage rate of the science of reading preparation assessment for teaching candidates.

(10) "Mentor" means an educator with a professional license with training that may include how to advise, coach, consult, and guide the development of a new educator.

(11) "Professional license" means the educator license described in Section R277-301-5.

History

KEY: educator preparation program
Date of Last Change: November 21, 2025
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201(3)(a)

Utah Admin. Code R277-303-3 Utah Educator Preparation Program Standards

An approved Utah Educator Preparation Program shall meet the following standards:

(1) Program completer competency:

(a) a completer can effectively demonstrate the educator preparation competencies established in Board rule;

(b) a completer has the experience, knowledge, and skills needed to serve students with a variety of educational needs; and

(c) a completer establishes goals for their own professional growth and engages in self-assessment, goal setting, and reflection.

(2) Systems of support for candidate competency:

(a) a program provides high quality learning experiences aligned to Utah competencies and standards while offering multiple opportunities for a candidate to demonstrate that the candidate has the knowledge and skills to serve all students;

(b) a program seeks out and supports high quality clinical experiences for a candidate where the candidate has opportunities to practice and receive feedback on their knowledge and skills;

(c) a program develops and supports high quality mentors who support program candidates in demonstrating competencies in Board rule; and

(d) a program prioritizes capacity to support candidates as reflected in staffing and institutional resources.

(3) Program continuous improvement and impact:

(a) a program engages in thoughtful continuous improvement practices by reviewing program performance data and seeking opportunities for innovations and enhancement; and

(b) a program seeks partnerships with stakeholders to strengthen the Utah education system.

History

KEY: educator preparation program
Date of Last Change: November 21, 2025
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201(3)(a)

Utah Admin. Code R277-303-4 Educator Preparation Program Review and Approval

(1) The Superintendent shall establish uniform procedures for initial approval and review of educator preparation programs to ensure compliance with this rule.

(2) The Superintendent shall approve an educator preparation program that meets the requirements of this rule and the standards for program approval established in:

(a) Rule R277-304;

(b) Rule R277-305;

(d) all other applicable Board rules.

(3)(a) The Superintendent shall conduct an ongoing review of approved educator preparation programs and shall renew or deny approval for a program at least every seven years.

(b) The review described in Subsection (3)(a) shall include monitoring whether:

(i) an educational preparation program is in compliance with Board rules; and

(ii) an alternative preparation program has reasonable flexibility for candidates to demonstrate required competencies.

(4) The Superintendent may grant preliminary approval to a new educator preparation program within a Utah public college or university pending approval by the Utah Board of Higher Education.

(5) The Superintendent shall make a report to the Board when an educator preparation program's initial application for approval is granted or denied.

(6) The Superintendent may place an approved educator preparation program on probation for:

(a) failure to meet program requirements detailed in applicable Board rules; or

(b) failure to submit complete and accurate information in a report required under this rule.

(7) The Board may revoke the approval of a probationary program that fails to meet probationary requirements with at least one year's notice to the educator preparation program.

(8) The Superintendent may require a program or subset of programs to submit reports to inform the annual report to the Board required in Section R277-301-9.

(9) The Superintendent shall accept an approved educator preparation program's recommendations for a professional license or license area if the prospective licensee meets all other requirements of Board rule.

History

KEY: educator preparation program
Date of Last Change: November 21, 2025
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201(3)(a)

Utah Admin. Code R277-303-5 Educator Preparation Programs

(1) An educator preparation program that applies for approval by the Superintendent shall demonstrate how it will ensure that participants:

(a) are prepared to meet the Utah Effective Educator Standards established in Rule R277-330; and

(b) demonstrate all competencies applicable to the license area and subject area as established by the Superintendent.

(2) In addition to the requirements of Subsection (1), an educator preparation program that is not also a Utah LEA shall:

(a) have a physical location in Utah where participants attend classes; or

(b) if the program provides only online instruction:

(i) have the program's primary headquarters located in Utah; and

(ii) be licensed to do business through the Utah Department of Commerce; and

(c) establish entry requirements that are designed to ensure that only high quality individuals enter the preparation program, which include measures of:

(i) previous academic success;

(ii) disposition for employment in an educational setting; and

(iii) basic skills in reading, writing, and mathematics.

(3)(a) If the Superintendent denies an application from an educator preparation program, the proposed educator preparation program may appeal the Superintendent's decision to the Board by submitting a written appeal to the Board Secretary.

(b) The Board shall assign an appeal under Subsection (3)(a) to a standing committee to make a recommendation to the full Board for final action.

(4) An approved educator preparation program may recommend an individual that completed the program for a professional license or license area as long as all current license requirements have been met.

(5) If five years have passed since an individual completed an approved educator preparation program, the program may recommend the individual for a professional license or license area if the program:

(a) reviews the individual's program; and

(b) requires the individual to complete any additional necessary requirements to meet current programs standards before making a licensing recommendation.

History

KEY: educator preparation program
Date of Last Change: November 21, 2025
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201(3)(a)

Utah Admin. Code R277-303-6 Superintendent Responsibilities

(1) The Superintendent shall provide support to educator preparation programs and potential licensees to the extent that funding allows by:

(a) maintaining a website to:

(i) facilitate collaboration between educator preparation programs;

(ii) facilitate communication between potential educators and approved programs; and

(iii) provide access to up-to-date research on educator preparation and education practices;

(b) reviewing third-party preparation materials for alignment with the Utah Effective Educator Standards in Rule R277-330;

(d) ensuring that alternative preparation program applicants be grandfathered from new program requirements added after an applicant's acceptance into the program; and

(e)(i) developing strategies to provide support for preparation programs with low rates of passage on the required literacy preparation assessment; and

(ii) providing increasing levels of support to a preparation program with low rates of passage on the required literacy preparation assessment for two consecutive years.

(2) The Superintendent shall design and maintain a model educator preparation program that:

(a) meets all requirements of all applicable Board rules;

(b) may be adopted by:

(i) an LEA; or

(ii) subject to Section R277-303-5:

(A) an accredited private school; or

(B) a consortium of accredited private schools; and

(c) is overseen by staff distinct from the staff responsible for ensuring educator preparation program compliance with all applicable Board rules.

History

KEY: educator preparation program
Date of Last Change: November 21, 2025
Notice of Continuation: June 10, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201(3)(a)

R277-304 Teacher Preparation Programs

Utah Admin. Code R277-304-1 Authority, Purpose, and Oversight Category

(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; and

(c) Subsection 53E-6-201(3)(a), which directs the Board to make rules to establish the criteria for obtaining an educator license.

(2)(a) The purpose of this rule is to specify the standards which the Board expects of a teacher preparation institution before program approval in specified areas.

(b) The standards in this rule apply to the specific educational area and grade level for which the preparation program is designed.

(3) This Rule R277-304 is categorized as Category 4 as described in Rule R277-111.

History

KEY: teacher preparation, programs, educators
Date of Last Change: March 10, 2026
Notice of Continuation: March 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-6-201

Utah Admin. Code R277-304-2 Definitions

(1)(a) "Career and technical education" or "CTE" means organized educational programs or competencies which directly or indirectly prepare students for employment, or for additional preparation leading to employment, in occupations where entry requirements do not generally require a baccalaureate or advanced degree.

(b) CTE programs provide all students a continuous education system, driven by a student's college and career readiness plan, through competency-based instruction, culminating in essential life skills, certified occupational skills, and meaningful employment.

(2) "Clinical experience" means a structured opportunity in which a program candidate is mentored by a licensed educator and evaluated by a teacher leader, school administrator, or university preparation program faculty member, in order to develop and demonstrate competency in the skills and knowledge necessary to be an effective teacher, in a physical classroom, which may include experiences in a virtual classroom.

(3) "Competency" means evidence through demonstration in a higher education or prek-12 classroom setting of successful application of knowledge and skills.

(4) "Essential Elements" means the alternate academic achievement standards for students with significant cognitive disabilities, established by the Board in the Special Education Rules Manual, dated June 2023, incorporated by reference in Section R277-750-2.

(5) "Diverse student populations" means unique student groups as identified by:

(a) disability;

(b) academic learning needs; or

(6)(a) "Multi-tiered system of supports" or "MTSS" means a framework for integrating assessment and intervention to maximize student achievement, reduce behavior problems, and increase long-term success.

(b) The combination of systematic implementation of increasingly intensive intervention, referred to as tiers, and carefully monitoring students' progress, distinguishes MTSS from typical prevention measures.

(7) "Personalize" means to engage all students with high expectations for their learning goals and to empower each learner to take ownership of individual strengths, needs, and interests, while tailoring flexible supports to maximize student growth and competence.

(8) "Utah Core Standards" means the core standards established by the Board in Rule R277-700 for grades K-12 and the Core Standards for Early Learning, adopted June 2023.

History

KEY: teacher preparation, programs, educators
Date of Last Change: March 10, 2026
Notice of Continuation: March 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-6-201

Utah Admin. Code R277-304-3 Incorporation by Reference of Educator Preparation Program Competencies

(1) This rule incorporates by reference:

(a) the General Teacher Preparation Competencies dated June 2024;

(b) the Educator Preparation Program Competencies for Elementary Literacy dated May 2022;

(d) the Special Education Preparation Foundational Competencies dated March 2025.

(2) A copy of these documents is located at:

(a) https://schools.utah.gov/administrativerules/documentsincorporated; and

(b) the offices of the Utah State Board of Education.

History

KEY: teacher preparation, programs, educators
Date of Last Change: March 10, 2026
Notice of Continuation: March 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-6-201

Utah Admin. Code R277-304-4 General Teacher Preparation

Before approval by the Board, a teacher preparation program shall provide evidence that the program:

(1) prepares candidates to meet the Utah Effective Teaching Standards in Rule R277-330;

(2) prepares candidates to teach:

(a) the Utah Core Standards; and

(b) the Essential Elements, as appropriate to a candidate's prospective area of licensure as established by the Board;

(3) includes school-based clinical experiences for a candidate to observe, practice skills, and reflect on teaching that:

(a) are significant in number, depth, breadth, and duration;

(b) are progressively more complex; and

(4) for candidates who enroll in a preparation program before September 1, 2026, requires competency in:

(a) content and content specific pedagogy appropriate for the area of licensure;

(b) knowledge of the Educator Standards contained in Rule R277-217;

(d) improving student outcomes by:

(i) using student assessment data, both formative and summative;

(ii) analyzing instructional practices; and

(iii) making necessary adjustments to personalize learning;

(e) using strategies to promote active student engagement;

(f) systematically designing instruction toward a specific learning goal by:

(i) providing tier one and tier two instruction and intervention on the Utah core standards including the use of competency-based learning;

(ii) using a variety of evidence-based instructional strategies, including explicit instruction and scaffolded supports;

(iii) integrating technology to support and meaningfully supplement the learning of students;

(iv) designing developmentally appropriate and authentic learning experiences;

(v) developing higher order thinking and metacognitive skills; and

(vi) integrating cross-disciplinary skills, such as literacy and numeracy, into instruction;

(g) providing positive and constructive feedback to guide students' learning and behavior;

(h) establishing a consistent, organized, and respectful learning environment, including:

(i) positive behavior interventions and supports within a multi-tiered system of support;

(ii) classroom procedures and routines;

(iii) trauma-informed practices; and

(iv) accountability practices;

(i) knowledge and skills to assist in the identification of and instruction for students with disabilities in the general classroom, including:

(i) knowledge of the IDEA and Section 504 of the Rehabilitation Act;

(ii) knowledge of the role of non-special education teachers in the education of students with disabilities;

(iii) knowledge and skills in implementing least restrictive behavior interventions;

(iv) skills in implementing and assessing the results of interventions; and

(v) skills in the implementation of an educational program with accommodations, modifications, services, and supports established by an IEP or a 504 plan for students with disabilities in the general education classroom;

(j) knowledge and skills designed to meet the needs of diverse student populations in the general education classroom, including:

(i) allowing students alternative ways to demonstrate learning that are sensitive to student diversity;

(ii) creating an environment that is sensitive to multiple experiences and diversity;

(iii) designing, adapting, and delivering instruction to address each student's diverse learning strengths and needs; and

(iv) incorporating language development into planning, instruction, and intervention for students learning English, using their first language as an asset while supporting development of English proficiency; and

(k) effectively communicating and collaborating with parents, colleagues, and administration;

(5) for candidates who enroll in a preparation program on or after September 1, 2026, requires competence in the General Teacher Preparation Competencies;

(6) for a program candidate accepted on or after January 1, 2020, provides multiple opportunities for a program candidate to successfully demonstrate application of knowledge and skills gained through the program in one or more clinical experiences in collaboration with a licensed teacher over an extended period in each of the following competencies:

(a) implementing the planning and design, delivery, facilitation, assessment, evaluation, and reflection of a unit of instruction;

(b) revising instructional plans for future implementation or reteaching concepts as appropriate;

(d) evaluating student artifacts and assessments;

(e) establishing and maintaining classroom procedures and routines that include positive behavior interventions and supports;

(f) establishing and maintaining a positive learning climate;

(g) reflecting on the teaching process and justifying instructional decisions;

(h) participating in at least one IEP meeting or parental consultation regarding a student that the program candidate has instructed; and

(i) consulting and collaborating with qualified personnel, such as a school counselor or school social worker, regarding the emotional well-being of students;

(7) include consideration of a candidate's dispositions and suitability for teaching; and

(8) include plans for candidate remediation and exit counseling, if appropriate.

History

KEY: teacher preparation, programs, educators
Date of Last Change: March 10, 2026
Notice of Continuation: March 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-6-201

Utah Admin. Code R277-304-5 Early Childhood and Elementary Preparation Programs

(1) Before approval by the Board, a preparation program for early childhood education or elementary education shall demonstrate how the program requires candidate competency in:

(a) the areas outlined in Section R277-304-3;

(b) early childhood development and learning;

(d) the appropriate content knowledge needed to teach:

(i) the science of literacy instruction including:

(A) phonemic awareness;

(B) phonics;

(D) vocabulary;

(E) comprehension; and

(ii) the science of mathematics instruction, including:

(A) quantitative reasoning;

(B) problem solving;

(D) numeracy; and

(E) a balance of procedural and conceptual understanding;

(iii) physical and life science;

(iv) health and physical education;

(v) social studies; and

(vi) fine arts; or

(2) For a program candidate accepted after January 1, 2020, a preparation program for early childhood or elementary education shall provide multiple opportunities for a program candidate to successfully demonstrate application of knowledge and skills gained through the program in a school-based setting in each of the following:

(a) all requirements outlined in Subsections R277-304-4(4) through (7);

(b) demonstrating content-specific pedagogy in each of the areas outlined in Subsection R277-304-5(1);

(d) diagnosing students struggling with mathematics and planning and implementing remediation for those students.

(3) An educator preparation program shall apply the standards in this Section R277-304-4 to the specific age group or grade level for which the preparation program is designed.

(a) An early childhood education program shall focus primarily on early childhood development and learning in preschool through grade 3.

(b) An elementary program shall include both early childhood development and learning and elementary content and pedagogy in kindergarten through grade 6.

History

KEY: teacher preparation, programs, educators
Date of Last Change: March 10, 2026
Notice of Continuation: March 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-6-201

Utah Admin. Code R277-304-6 Secondary Preparation Programs

(1) Before approval by the Board, a secondary preparation program shall demonstrate that it requires competency in:

(a) all content competencies established by the Superintendent for a professional educator license in at least one endorsement;

(b) all areas outlined in Subsections R277-304-4(4) through (7);

(c) including literacy and quantitative learning objectives in content-specific classes in alignment with the Utah Core Standards; and

(d) planning instruction and assessment in content-specific teams and in cross-curricular teams.

(2) For a program candidate accepted after January 1, 2020, a secondary preparation program shall provide multiple opportunities for a program candidate to successfully demonstrate application of knowledge and skills gained through the program in a school-based setting in each of the following:

(a) all requirements outlined in Subsections R277-304-4(4) through (7); and

(b) ensuring student safety and learning in educational labs or shops and extra-curricular settings.

History

KEY: teacher preparation, programs, educators
Date of Last Change: March 10, 2026
Notice of Continuation: March 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-6-201

Utah Admin. Code R277-304-7 Special Education and Preschool Special Education Programs

(1) Before approval by the Board, a special education or preschool special education preparation program shall demonstrate that:

(a) the program is operated by or partnered with a Utah institution of higher education or the Board;

(b) it requires competency in Board approved special education teacher preparation competencies in one or more of the following special education areas:

(i) Mild/Moderate Support Needs;

(ii) Complex Support Needs;

(iii) Deaf and Hard of Hearing;

(iv) Blind and Visually Impaired;

(v) Deafblind; or

(vi) Preschool Special Education (Birth-Age 5);

(c) the program requires the passage of a Braille assessment approved by the Superintendent for a program in the Blind and Visually Impaired area;

(d) For a candidate enrolled in a special education preparation program before September 1, 2027 or enrolled in a preschool special education preparation program, the program requires competency in:

(i) all areas detailed in Subsections R277-304-4(4) through (7);

(ii) legal and ethical issues surrounding special education, including:

(A) the IDEA;

(B) the Special Education Rules Manual incorporated by reference in Section R277-750-2; and

(iii) working with other school personnel to implement and evaluate academic, behavioral, and developmental supports and interventions for students with disabilities within a multi-tiered system of supports as appropriate for the area of licensure;

(iv) training in and supervising the services and supports provided to students with disabilities by general education teachers, related service providers, and paraprofessionals; and

(v) providing specially designed instruction, including content-specific pedagogy, as per IEPs, to students with disabilities, including:

(A) the Utah Core Standards; and

(B) the Essential Elements as appropriate to a candidate's prospective area of licensure as established by the Board;

(C) skills in assessing and addressing the educational, developmental, and functional needs and progress of students with disabilities;

(D) skills in implementing and assessing the results of research and evidence-based interventions for students with disabilities; and

(E) skills in implementing an educational program with accommodations, modifications, services, and supports established by an IEP for students with disabilities.

(2) For a program candidate accepted after January 1, 2020, a special education or preschool special education preparation program shall require multiple opportunities for a program candidate to successfully demonstrate application of knowledge and skills gained through the program in a school-based setting in each of the following:

(a) all requirements outlined in Subsections R277-304-4(4) through (7);

(b) creating learning goals and objectives for a student with disabilities that are specific, measurable, time-bound, and aligned to identified student needs and the Utah Core Standards;

(c) designing or adapting learning environments for diverse student populations that encourage active participation in individual and group activities;

(d) monitoring school compliance with multiple student IEP and Section 504 plans;

(e) conducting a student IEP meeting under the supervision of a licensed special education teacher;

(f) using knowledge of measurement principles and practices to interpret assessment information in making instructional, eligibility, program, and placement decisions for students with disabilities, including those from culturally or linguistically diverse backgrounds;

(g) communicating with parents of students with disabilities to ensure they are informed regarding the progress of their student and their right to due process; and

(h) if the program is designed to prepare an individual for a special education license area, developing and implementing a secondary transition plan as it relates to post-secondary education and training, competitive employment, and independent living.

(3) For a program candidate accepted on or after September 1, 2027, a special education preparation program shall require demonstration of:

(a) the Special Education Preparation Foundational Competencies; and

(b) the competencies for at least one special education endorsement.

History

KEY: teacher preparation, programs, educators
Date of Last Change: March 10, 2026
Notice of Continuation: March 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-6-201

Utah Admin. Code R277-304-8 Deaf Education Preparation Programs

(1) Before approval by the Board, a deaf education preparation program shall:

(a) be operated by or partnered with a Utah institution of higher education or the Board;

(b) be aligned with the National Association of State Directors of Special Education, Inc., Optimizing Outcomes for Students who are Deaf or Hard of Hearing, Educational Service Guidelines, Third Edition;

(i) teaching students who are deaf or hard of hearing from birth to age five using both listening and spoken language strategies and American Sign Language;

(ii) teaching students who are deaf or hard of hearing with listening and spoken language strategies; or

(iii) teaching students who are deaf or hard of hearing with strategies that promote the development of American Sign Language and English literacy across the curriculum;

(d) require competency in:

(i) the areas detailed in Subsections R277-304-4(4) through (7).

(ii) legal and ethical issues surrounding special education, including:

(A) the IDEA;

(B) the Special Education Rules Manual incorporated by reference in Section R277-750-2; and

(iii) addressing specific linguistic and cultural needs of deaf and hard of hearing students throughout the curriculum;

(iv) skills for incorporating language into all aspects of the curriculum;

(v) pedagogical skills unique to teaching reading, writing, mathematics, and other content areas to deaf and hard of hearing students;

(vi) basic fluency in the use of American Sign Language;

(vii) knowledge of the audiological and physiological components of audition;

(viii) skills for teaching speech to deaf and hard of hearing students;

(ix) the socio-cultural and psychological implications of hearing loss; and

(x) assessing and addressing the educational needs and educational progress of deaf and hard of hearing students.

(2) For a program candidate accepted after January 1, 2020, a deaf or hard of hearing education preparation program shall require multiple opportunities for a program candidate to successfully demonstrate application of knowledge and skills gained through the program in a school-based setting in each of the following:

(a) all requirements outlined in Subsections R277-304-4(4) through (7);

(b) for a program focused on Subsection R277-304-8(1)(c)(i):

(i) assessing early childhood language development and assessment in American Sign Language and spoken English;

(ii) working with families with students who are deaf or hard of hearing while respecting a variety of communication modalities;

(iii) integrating language, speech, and listening into everyday activities;

(iv) sharing knowledge with families with students who are deaf or hard of hearing about the complexities of deaf culture, including norms and behaviors of the deaf community;

(v) developing auditory perception in children and educating parents about developmental milestones for listening skills; and

(vi) proficiency in American Sign Language as demonstrate by passing an assessment approved by the Superintendent;

(i) developing auditory perception in children and strategies for developing listening and spoken language in deaf and hard of hearing students;

(ii) demonstrating understanding and expertise regarding early childhood spoken language development;

(iii) involving family members with students who are deaf or hard of hearing in learning and therapeutic activities;

(iv) integrating speech, listening, and spoken language in preschool and early elementary content areas; and

(v) integrating current listening technology, including troubleshooting such technology; and

(d) for a program focused on Subsection R277-304-8(1)(c)(iii):

(i) integrating American Sign Language into instruction of core academic content for all school-age students;

(ii) enhancing bilingual literacy of students who are deaf or hard of hearing in both American Sign Language and English;

(iii) integrating respect and understanding of deaf culture into instruction;

(iv) demonstrating understanding and expertise regarding American Sign Language, language development; and

(v) proficiency in American Sign Language as demonstrated by passing an assessment approved by the Superintendent.

History

KEY: teacher preparation, programs, educators
Date of Last Change: March 10, 2026
Notice of Continuation: March 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-6-201

Utah Admin. Code R277-304-9 Career and Technical Education Preparation Programs

(1) Before approval by the Board, a CTE teacher preparation program designed for individuals that do not hold a bachelor's degree or higher shall:

(a) focus on one or more of the following areas:

(i) family and consumer sciences;

(ii) health sciences;

(iii) information technology;

(iv) skilled and technical sciences; or

(v) work-based learning;

(b) require that candidates have six years of documented, related occupational experiences within the 10 years before the program application in an approved CTE license area;

(d) for a program candidate accepted after January 1, 2020, a CTE preparation program shall require multiple opportunities for a program candidate to successfully demonstrate application of knowledge and skills gained through the program in a school-based setting in all requirements outlined in Section R277-304-4; and

(e) require candidates to hold the applicable license or certificate issued by the Utah State Department of Commerce, Division of Professional Licensing in any area where such licensure or certification exists.

(2) A program may count an associate's degree in a related area for up to two years of occupational experience to satisfy the requirement in Subsection R277-304-9(1)(b).

(3)(a) An approved program may request a waiver from the Superintendent of the occupational experience required for a candidate if the candidate has passed an approved competency examination in the respective field at or above the passing score established by the Superintendent.

(b) The Superintendent may grant a waiver under Subsection (3)(a) for up to five years from the date the candidate passed the examination.

History

KEY: teacher preparation, programs, educators
Date of Last Change: March 10, 2026
Notice of Continuation: March 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-6-201

R277-305 School Leadership License Areas of Concentration and Programs

Utah Admin. Code R277-305-1 Authority, 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;

(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; and

(2) The purpose of this rule is to:

(a) specify the requirements for a professional school leadership license area of concentration;

(b) specify the standards which the Board expects of a school leadership preparation program before program approval.

(3) This rule is categorized as Category 4 as described in Rule R277-111.

History

KEY: school leadership license, program
Date of Last Change: December 8, 2025
Notice of Continuation: March 11, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201

Utah Admin. Code R277-305-2 Definitions

(1) "Clinical experience" means a structured opportunity in which a program candidate is mentored by a licensed educator and evaluated by an LEA administrator or university preparation program faculty member, to develop and demonstrate competency in the skills and knowledge necessary to be an effective school leader.

(2) "School leadership license area of concentration" means the initial credential issued by the Board that authorizes a holder to be employed as a school principal, vice-principal, or assistant principal.

History

KEY: school leadership license, program
Date of Last Change: December 8, 2025
Notice of Continuation: March 11, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201

Utah Admin. Code R277-305-3 School Leadership License Area of Concentration Requirements

(1) The Superintendent shall issue a professional school leadership license area of concentration to an individual that applies for the license and meets all requirements in this section.

(2) The requirements for a professional school leadership license area of concentration shall include a master's degree or more advanced degree, and either;

(a)(i) passage of a school leadership assessment approved by the Superintendent; and

(ii) a recommendation from a Board-approved school leadership preparation program pursuant to the process described in Rule R277-303; or

(b) a valid NASDTEC Stage 2 license in school leadership.

History

KEY: school leadership license, program
Date of Last Change: December 8, 2025
Notice of Continuation: March 11, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201

Utah Admin. Code R277-305-4 School Leadership Preparation Programs

(1) Before approval by the Superintendent, a preparation program for school leadership shall:

(a) demonstrate how it will prepare candidates to meet the Utah Educational Leadership Standards described in Rule R277-330;

(b) subject to Subsection (2), establish weighted entry requirements that consider prior leadership experiences of applicants and are designed to select high quality candidates to enter the licensure program;

(c) include school-based clinical experiences for a candidate to observe, practice skills, and reflect on school leadership that:

(i) are significant in number, depth, breadth, and duration;

(ii) are progressively more complex;

(iii) occur in multiple schools;

(iv) include working with both elementary and secondary teachers and students; and

(v) occur throughout the preparation program;

(d) require the demonstration of competency in:

(i) properly utilizing data, including student performance data, to evaluate educator and school performance and provide actionable information to educators to improve instruction;

(ii) facilitating educator use of technology to support and meaningfully supplement the learning of students;

(iii) collaborating with stakeholder groups to create a shared vision, mission, and goals for a school;

(iv) implementing the shared vision, mission, and goals for a school:

(A) as a principal; and

(B) as an assistant principal supporting the school principal;

(v) communicating effectively with parents, community groups, staff, and students;

(vi) understanding parents' rights, consent, requests, and reasonable accommodations under Utah Code, including Section 53G-6-803, and Board rule;

(vii) recognizing effective and ineffective instructional practice to ensure authentic learning and assessment experiences for all students;

(viii) implementing a multi-tiered system of supports in individual classrooms and the school as a whole;

(ix) counseling and coaching educators in relation to the educator's evaluation, professional learning, and student performance to improve the educator's practice;

(x) understanding the laws and legal ramifications surrounding school leadership decisions and practices;

(xi) understanding the requirements and LEA responsibilities of the IDEA;

(xii) ensuring a safe, secure, emotionally protective, and healthy school environment, including the prevention of bullying and youth suicide;

(xiii) establishing and maintaining a school culture that supports inquiry, risk-taking, innovation, and learning of both students and teachers;

(xiv) connecting management operations, policies, and resources to the vision and values of the school; and

(xv) understanding internal controls.

(2) Beginning on January 1, 2020, the entry requirements described in Subsection (1)(b) shall require an individual entering a Board-approved education leadership licensure program to:

(a) clear a USBE fingerprint background check described in:

(i) statute; and

(ii) background check rule;

(b) hold a:

(i) Utah professional educator license; or

(ii) an equivalent out of state license;

(i) an evaluation system meeting the standards of Rule R277-323; or

(ii) the LEA's equivalent on the applicant's most recent evaluation;

(d) have a confidential recommendation from:

(i) the individual's immediate administrative supervisor; or

(ii) an LEA-level administrator with knowledge regarding the individual's potential as a school leader; and

(e) pass an interview conducted by the program to measure the potential of the individual as a school leader.

(3) Board-approved education leadership licensure program may waive the entrance requirements described in Subsections (2)(b) through (e) based on program established guidelines for no more than 10% of an incoming cohort.

(4) For a program applicant accepted on or after January 1, 2020, an -approved school leadership licensure program shall require multiple opportunities for a program applicant to successfully demonstrate application of knowledge and skills gained through the program in one or more clinical experiences in each of the following competencies:

(a) analyzing school assessment data from common formative assessments, summative assessments, standardized assessments, and interim or benchmark assessments with school staff and with individual teachers;

(b) administering all aspects of a teacher evaluation system that meets the requirements of:

(i) Rule R277-323; or

(ii) the LEA's equivalent;

(d) planning, organizing, conducting, and evaluating the effectiveness of a professional learning activity for school staff;

(e) supporting or overseeing a school-based learning team;

(f) working with a School Community Council, including the annual development and evaluation of a school's Teacher and Student Success Act plan and School LAND Trust plan;

(g) performing formal and informal classroom observations for improving instruction;

(h) acting as the LEA representative in IEP and 504 accommodation plan meetings;

(i) appropriately handling cases of student discipline referred to the school office;

(j) supervising school activities and monitoring the process for collecting and handling fees and gate receipts; and

(k) implementing a school's screening and hiring process, including interviews and the notification of successful and unsuccessful applicants.

History

KEY: school leadership license, program
Date of Last Change: December 8, 2025
Notice of Continuation: March 11, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201

Utah Admin. Code R277-305-5 Superintendent Responsibilities

(1) The Superintendent shall ensure that the model mentoring program required under Rule R277-308 includes induction for new school leaders.

(2) The Superintendent shall include a list of resources for potential school leadership candidates to help them prepare for school leadership on the Utah Leading through Effective and Dynamic Education website.

(3) The Superintendent shall implement a network for principals.

(4) The Superintendent shall create a depository of school principal learning resources that can be utilized by LEAs in the Utah Leading through Effective and Dynamic Education website.

History

KEY: school leadership license, program
Date of Last Change: December 8, 2025
Notice of Continuation: March 11, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201

Utah Admin. Code R277-306-1 Authority, Purpose, and Oversight Category

(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; and

(2) The purpose of this rule is to establish standards for educator preparation programs for:

(a) School Psychologists;

(b) Audiologists;

(d) Speech-Language Technicians;

(e) School Counselors; and

(f) School Social Workers.

(3) This rule is categorized as Category 3 as described in Rule R277-111.

History

KEY: preparation, psychologists, audiologists, speech-language pathologists, speech-language technicians, counselors
Date of Last Change: February 7, 2025
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201

Utah Admin. Code R277-306-2 School Psychologist Preparation Programs

(1) A Utah institution of higher education may seek approval by the Board for a school psychologist preparation program if the program:

(a) results in a masters degree or higher in school psychology;

(b) meets the 2020 Standards for Graduate Preparation of School Psychologists created by the National Association of School Psychologists (NASP);

(c) prepares candidates to provide comprehensive and integrated services across the ten general domains of school psychology as defined in the 2020 Model for Comprehensive and Integrated School Psychological Services;

(d) prepares candidates to follow the 2020 National Association of School Psychologists Professional Standards and apply those standards and competencies in compliance with Utah law; and

(e) includes school-based clinical experiences for a candidate to observe, practice skills, and reflect on practices that:

(i) are significant in number, depth, breadth, and duration; and

(ii) are progressively more complex.

(2) For a program applicant accepted after January 1, 2020, a school psychologist preparation program shall require multiple opportunities for a program applicant to successfully demonstrate the application of knowledge and skills gained through the program in a school-based setting in each of the following:

(a) administering varied models and methods of assessment and data collection for:

(i) identifying strengths and needs of students;

(ii) developing effective services and programs for students; and

(iii) measuring progress and outcomes for students;

(b) implementing varied models and strategies of consultation, collaboration, and communication with individuals, families, groups, and systems;

(c) implementing varied strategies that promote social-emotional functioning and mental health in students; and collecting and analyzing data for evaluation and support of effective practices at the individual, group, and systems levels.

(3) An individual that holds the Nationally Certified School Psychologist (NCSP) credential issued by NASP meets the out of state licensing requirement for a professional school psychologist license area of concentration detailed in Subsection R277-301-6(6).

History

KEY: preparation, psychologists, audiologists, speech-language pathologists, speech-language technicians, counselors
Date of Last Change: February 7, 2025
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201

Utah Admin. Code R277-306-3 School Audiologist Preparation Program

(1) A Utah institution of higher education may seek approval by the Board for a school audiologist preparation program if the program:

(a) is accredited by the Council on Academic Accreditation in Audiology and Speech-Language Pathology; and

(b) prepares candidates to provide comprehensive and integrated services in a school setting as detailed in the 2018 Scope of Practice in Audiology created by the American Speech-Language-Hearing Association;

(2) An individual that completes a program accredited by the Council on Academic Accreditation in Audiology and Speech-Language Pathology outside of Utah qualifies for an associate license with an associate school audiologist license area of concentration detailed in Subsections R277-301-4(5) and (6).

(3) An individual that holds a current Certificate of Clinical Competence in Audiology (CCC-A) issued by the American Speech-Language-Hearing Association meets the out of state licensing requirement for a professional audiologist license area of concentration detailed in Subsection R277-301-6(6).

History

KEY: preparation, psychologists, audiologists, speech-language pathologists, speech-language technicians, counselors
Date of Last Change: February 7, 2025
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201

Utah Admin. Code R277-306-4 Speech-Language Pathologist (SLP) Preparation Program

(1) A Utah institution of higher education may seek approval by the Board for a speech-language pathologist (SLP) preparation program if the program:

(a) is accredited by the Council on Academic Accreditation in Audiology and Speech-Language Pathology; and

(b) prepares candidates to provide comprehensive and integrated services in a school setting as detailed in the 2016 Scope of Practice in Speech-Language Pathology created by the American Speech-Language-Hearing Association.

(2) An individual that completes a program accredited by the Council on Academic Accreditation in Audiology and Speech-Language Pathology outside of Utah qualifies for an associate license with a speech-language pathologist license area of concentration detailed in Subsections R277-301-4(5) and (6).

(3) An individual that holds a current Certificate of Clinical Competence in Speech-Language Pathology (CCC-SLP) issued by the American Speech-Language-Hearing Association meets the out of state licensing requirements for a professional speech-language pathologist license area of concentration detailed in Subsection R277-301-6(6).

History

KEY: preparation, psychologists, audiologists, speech-language pathologists, speech-language technicians, counselors
Date of Last Change: February 7, 2025
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201

Utah Admin. Code R277-306-5 Speech-Language Technician (SLT) Preparation Program

(1) The Superintendent shall create and administer an SLT preparation program that:

(a) requires applicants to hold a bachelor's degree in communication disorders or the equivalent;

(b) requires significant clinical experiences under the supervision of an individual holding a professional speech- language pathologist license area of concentration; and

(c) prepares candidate to provide services in a school setting as detailed in the Utah State Board of Education Handbook for Speech-Language Technicians Working in Utah Public Schools.

(2) The Superintendent shall periodically review and revise the handbook for SLTs referenced in Subsection (1)(c).

History

KEY: preparation, psychologists, audiologists, speech-language pathologists, speech-language technicians, counselors
Date of Last Change: February 7, 2025
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201

Utah Admin. Code R277-306-6 School Counselor Preparation Programs

(1) A Utah institution of higher education may seek approval by the Board for a school counselor preparation program if the program:

(a) prepares candidates to meet the 2019 American School Counselor Association Professional Standards and Competencies, incorporated by reference in Rule R277-330 and apply those standards and competencies in compliance with Utah law;

(b)(i) results in a master's degree in school counseling; or

(ii) requires a master's degree or higher from a regionally accredited institution in a related field for entrance into the program; and

(2) For a program applicant accepted after January 1, 2020, a school counselor preparation program shall require multiple opportunities for a program applicant to successfully demonstrate application of knowledge and skills gained through the program in a school-based setting in each of the following:

(a) collaborating with learners, families, colleagues, and community members to build or implement a shared vision and supportive professional culture focused on student growth and success;

(b) delivering a sequential school counseling curriculum aligned with the Utah Model for College and Career Readiness School Counseling Program;

(c) leading individuals and groups of students and their parents or guardians through the development of educational and career plans;

(d) counseling individuals and small groups of students with identified needs and concerns;

(e) developing or maintaining a crisis prevention/youth protection response plan; and

(f) collecting and analyzing data for the purpose of accountability and program evaluation.

History

KEY: preparation, psychologists, audiologists, speech-language pathologists, speech-language technicians, counselors
Date of Last Change: February 7, 2025
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201

Utah Admin. Code R277-306-7 School Social Worker Preparation Programs

(1) A Utah institution of higher education may seek approval by the Board for a school social worker preparation program if the program:

(a) results in a masters of social work degree;

(b) is accredited by the Council of Social Work Education;

(c) includes school-based clinical experiences for a candidate to observe, practice skills, and reflect on practice that:

(i) are significant in number, depth, breadth, and duration; and

(ii) are progressively more complex;

(d) requires demonstration of competency in:

(i) knowledge of the role of a school social worker in furthering the educational mission of an LEA;

(ii) applying theoretical social work concepts and practical skills to the k-12 educational setting, including:

(A) social, emotional, family, and community assessment;

(B) individual, group, and family counseling;

(D) crisis intervention;

(iii) knowledge and application of rules regarding data and record keeping that apply to data available in a school, including:

(A) the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g; and

(B) Title 53E, Chapter 9, Student Privacy and Data Protection;

(iv) knowledge of laws regarding disabilities and their application to school social worker practices and the school setting, including:

(A) the IDEA; and

(B) the Americans with Disabilities Act of 1990, 42 U.S.C. 12101;

(v) utilizing information from assessments in an educational setting to develop student-focused programs and interventions;

(vi) implementation of evidence-based curriculum in response to current social and emotional aspects of education; and

(vii) providing and advocating for services that support the social and emotional aspects of education;

(e) requires multiple opportunities for a program applicant admitted after January 1, 2020 to successfully demonstrate application of knowledge and skills gained through the program in a school-based setting in each of the following areas:

(i) utilizing information from assessments in the development of student-focused and system-focused programs and interventions in a school setting;

(ii) counseling individuals and small groups of students with identified needs and concerns;

(iii) implementing varied models and strategies of consultation, collaboration, and communication with teachers, individuals, and families; and

(iv) developing or updating a crisis prevention/youth protection response plan.

(2) An individual holding a licensed certified social worker "CSW" license or licensed clinical social worker "LCSW" license through the Division of Professional Licensing in accordance with Rule R156-60a qualifies for an associate educator license with an associate school social worker license area of concentration detailed in Section R277-301-4 if the individual, no more than one calendar year prior to the application:

(a) completes a criminal background check, including review of any criminal offenses and clearance in accordance with Rule R277-214; and

(b) completes the educator ethics review described in Rule R277-302.

(3)(a) The Superintendent shall work with Utah universities and LEAs to create and administer a non-degree professional license preparation program for individuals described in Subsection (2) that meets all the requirements of Subsections (1)(c) through (1)(e).

History

KEY: preparation, psychologists, audiologists, speech-language pathologists, speech-language technicians, counselors
Date of Last Change: February 7, 2025
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201

R277-307 Teacher Leader

Utah Admin. Code R277-307-1 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 53E-6-902, which requires the Board to:

(i) define the role of a teacher leader; and

(ii) establish the minimum criteria for a teacher to qualify as a teacher leader; 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) define the role of a teacher leader; and

(b) establish the minimum criteria for a teacher to qualify as a teacher leader.

History

KEY: teacher, leader, qualification
Date of Last Change: January 11, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-902; 53E-3-401(4)

Utah Admin. Code R277-307-2 Definitions

(1) "Teacher" has the same meaning as defined in Subsection 53E-6-902(1).

(2) "Teacher leader" has the same meaning as defined in Subsection 53E-6-902(2).

History

KEY: teacher, leader, qualification
Date of Last Change: January 11, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-902; 53E-3-401(4)

Utah Admin. Code R277-307-3 Minimum Criteria for a Teacher Leader

An LEA may designate a teacher as a teacher leader if the teacher:

(1) has a professional educator license;

(2)(a) has an educator evaluation effectiveness rating of effective or highly effective for at least the two years prior to being designated as a teacher leader; or

(b) has a successful or equivalent evaluation rating using a local board-approved evaluation system for at least the two years prior to being designated as a teacher leader;

(3) demonstrates competence in working with adult learners and peers;

(4) demonstrates:

(a) consistent leadership;

(b) focused collaboration;

(d) a commitment to ongoing professional growth; and

(5) is recommended by the building administrator to be designated as a teacher leader.

History

KEY: teacher, leader, qualification
Date of Last Change: January 11, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-902; 53E-3-401(4)

Utah Admin. Code R277-307-4 Roles of a Teacher Leader

(1) A teacher leader may exhibit leadership in a school through formally or informally designated responsibilities.

(2) A teacher leader shall maintain the teacher leader's assignment as a classroom teacher while exercising appropriate leadership responsibilities, consistent with this section.

(3) A teacher leader may perform the following functions:

(a) Professional learning lead, including:

(i) generally supporting school-based professional learning; or

(ii) serving as a learning designed or facilitator for professional learning activities;

(b) Formally trained and recognized mentor, including:

(i) modeling effective instructional strategies for other teachers;

(ii) training, supervising, and mentoring:

(A) student teachers;

(B) new teachers; or

(iii) coaching the development of effective instruction;

(i) guiding other educators in collecting, understanding, analyzing, and interpreting student-achievement data and using those findings to improve instruction;

(ii) leading efforts to modify or improve curriculum; or

(iii) facilitating and coordinating professional learning communities;

(d) Education policy advocate, including:

(i) positively contributing to informed decisions made by policy makers; or

(ii) sharing information with colleagues regarding impact of policy on classroom practices;

(e) School outreach lead, including:

(i) leading specific school improvement initiatives; or

(ii) acting as a liaison for community projects; or

(f) Education ambassador, including:

(i) networking within and beyond local, state, and national education organizations; or

(ii) serving on task forces, committees, and advisory boards.

(4) An LEA may provide additional incentives to teacher leaders for fulfilling the responsibilities outlined in this section, including:

(a) a pay increase, bonus, or other financial incentive; or

(b) a reduction in the teacher leader's regular classroom workload.

History

KEY: teacher, leader, qualification
Date of Last Change: January 11, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-6-902; 53E-3-401(4)

R277-308 New Educator Induction and Mentoring

Utah Admin. Code R277-308-1 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; and

(2) The purpose of this rule is to establish requirements for induction of new educators.

History

KEY: new educators, mentors, programs
Date of Last Change: April 9, 2024
Notice of Continuation: February 5, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201

Utah Admin. Code R277-308-2 Definitions

(1) "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

(2) "Mentor" means an educator with a professional educator license who is trained to advise, coach, consult, and guide the development of a new educator.

History

KEY: new educators, mentors, programs
Date of Last Change: April 9, 2024
Notice of Continuation: February 5, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201

Utah Admin. Code R277-308-3 LEA Induction Programs

(1) An LEA shall provide an induction program for the LEA's licensed employees if:

(a) an educator holds an associate educator license; or

(b) an educator holds a professional educator license with less than three years experience.

(2) An LEA shall provide an induction program for at least three years for employees with an LEA-specific educator license.

(3) An induction program under this rule shall include, at a minimum:

(a) a plan for on-going support and development of an educator, which may include reflective goal setting, implementation of action steps, and evaluation of outcomes that lead to refinement in instructional practice;

(b) LEA support in meeting the requirements of a professional license for an individual who holds an associate license;

(d) principal observation and feedback for each educator as required by Rule R277-533; and

(e) assistance in meeting the pedagogical requirements described in Subsection R277-301-5(5).

(4) An induction plan under Subsection (1) shall provide a new educator with a trained mentor educator with a professional educator license.

(5) A trained mentor educator under Subsection (3) shall assist the educator to meet the Utah Effective Educator Standards established in Rule R277-330.

(6) A trained mentor educator may not have responsibility to evaluate a new educator for whom the educator acts as mentor.

(7) An LEA and a Utah approved education preparation program may partner in implementing the induction program required by Subsection (1).

(8) The Superintendent shall:

(a) develop a model induction program, including model competencies for mentors;

(b) provide training for mentors based on the competencies developed in accordance with Subsection (8)(a);

(d) facilitate the sharing of best practices among LEAs.

History

KEY: new educators, mentors, programs
Date of Last Change: April 9, 2024
Notice of Continuation: February 5, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201

R277-309 Appropriate Licensing and Assignment of Teachers

Utah Admin. Code R277-309-1 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; and

(2) The purpose of this rule is to provide criteria for:

(a) local school boards to employ educators in appropriate assignments;

(b) the Board to provide state funding to local school boards for appropriately qualified and assigned staff; and

(c) the Board and local school boards to satisfy the requirements of ESEA for local school boards to receive federal funds.

History

KEY: educator, license, assignment
Date of Last Change: June 8, 2026
Notice of Continuation: April 2, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201(2)(a)

Utah Admin. Code R277-309-2 Definitions

(1) "Co-teaching" means the instructional arrangement in which a general education teacher and a special education teacher deliver core instruction along with specialized instruction, as needed, to a diverse group of students in a single instructional space or class.

(2) "Content specialist" means a licensed educator who provides instruction or specialized support for students and teachers in a school setting.

(3) "Educator license" means an associate, professional, or LEA-specific license issued by the Superintendent under Rule R277-301.

(4) "Elementary setting" means an instructional model where students typically have a single class with a single teacher primarily responsible for instruction in all core standards established in Rule R277-700.

(5) "License areas of concentration" has the same meaning as described in Section R277-301-2, including elementary education, secondary education, special education, and career and technical education.

(6) "License endorsement" or "endorsement" has the same meaning as described in Section R277-301-2, including special education mild or moderate, special education severe disabilities, mathematics, English language arts, and dance.

(7) "Secondary setting" means an instructional model where students typically rotate among classes taught by multiple teachers that are considered subject matter experts, primarily responsible for instruction in the core standards in an area as established by the Board in Rule R277-700.

History

KEY: educator, license, assignment
Date of Last Change: June 8, 2026
Notice of Continuation: April 2, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201(2)(a)

Utah Admin. Code R277-309-3 Required Licensing

(1) All teachers in public schools shall hold a current educator license along with appropriate license areas of concentration and endorsements that is not suspended or revoked by the Board under Section 53E-6-604.

(2) An LEA shall receive assistance from the Superintendent to the extent of resources available to have all teachers hold a professional license, license area, and endorsement in all areas in which the teacher is assigned.

(3) An LEA shall only hire a teacher who:

(a) holds a current educator license; or

(b)(i) submitted an application for licensure to the Superintendent; and

(ii) is in the process of becoming fully licensed and endorsed within 60 days of assignment.

(4) In accordance with Section 53E-3-401, if an LEA hires an educator without appropriate licensure, the Superintendent may recommend that the Board withhold the following until the LEA's educators are appropriately licensed:

(a) LEA salary supplement funds under Section 53F-2-405 and Rule R277-110; and

(b) teaching supplies and materials under Subsection 53F-2-527(2).

History

KEY: educator, license, assignment
Date of Last Change: June 8, 2026
Notice of Continuation: April 2, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201(2)(a)

Utah Admin. Code R277-309-4 Appropriate Licenses, License Areas of Concentration, and Endorsements

(1) An educator assigned to teach a class in kindergarten through grade 3 shall hold a current educator license with:

(a) an early childhood license area of concentration;

(b) an elementary license area of concentration; or

(c) for an educator assigned to teach a class composed of deaf and hard of hearing students, a deaf education license area of concentration.

(2) An educator assigned to teach a class in grade 4 through grade 8 in an elementary setting shall hold a current educator license with:

(a) an elementary license area of concentration; or

(b) for an educator assigned to teach a class composed of deaf and hard of hearing students, a deaf education license area of concentration.

(3) An elementary content specialist in Fine Arts or Physical Education shall hold a current educator license with an elementary or secondary license area of concentration with the appropriate K-12 endorsement.

(4) An elementary content specialist in reading or English as a Second Language shall hold a current educator license with an elementary or secondary license area of concentration with the appropriate endorsement.

(5) An elementary content specialist in any content area not listed in Subsections (3) and (4) shall hold a current educator license with an elementary, secondary, special education, or deaf education license area of concentration.

(6) An educator assigned to teach a class in grade 6 in a secondary setting shall hold a current educator license with:

(a) an elementary license area of concentration;

(b) a secondary license area of concentration with the appropriate endorsement for all assigned courses; or

(c) for an educator assigned to teach a class composed of deaf and hard of hearing students, a deaf education license area of concentration.

(7) An educator assigned to teach a class in grade 7 or grade 8 in a secondary setting shall hold a current educator license with:

(a) an elementary or secondary license area of concentration with the appropriate endorsement for all assigned courses; or

(b) for an educator assigned to teach a career and technical education class, a secondary or a career and technical education license area of concentration with:

(i) the appropriate endorsement; or

(ii) at least three years of related occupational experience with the relevant career cluster; or

(c) for an educator assigned to teach deaf and hard of hearing students, a deaf education license area of concentration with the appropriate endorsement for all assigned courses.

(8) An educator assigned to teach a class in grade 9 through grade 12 shall hold a current educator license with:

(a) a secondary or a career and technical education license area of concentration with the appropriate endorsement for all assigned courses;

(b) for an educator assigned to teach a career and technical education class, a secondary or a career and technical education license area of concentration with:

(i) the appropriate endorsement; or

(ii) at least three years of related occupational experience with the relevant career cluster; or

(c) for an educator assigned to teach deaf and hard of hearing students, a deaf education license area of concentration with the appropriate endorsement for all assigned courses.

(9) A general education teacher in a co-teaching setting shall hold:

(a) a current educator license;

(b) an appropriate license area of concentration; and

(10)(a) An educator assigned to serve or teach a class of students with disabilities shall hold a current educator license with a special education license area of concentration and special education endorsement.

(b) A special education teacher in a co-teaching setting shall hold a special education license area of concentration and special education endorsement.

(11) An educator assigned to serve preschool-aged students with disabilities shall hold a current educator license with a preschool special education license area of concentration and the appropriate endorsement.

(12) An educator assigned to serve preschool-aged students who are deaf and hard of hearing shall hold a current educator license with:

(a) a preschool special education license area of concentration and a deaf and hard of hearing endorsement; or

(b) a deaf education license area of concentration.

(13) An educator assigned to serve deaf and hard of hearing students shall hold:

(a) a current educator license with a special education license area of concentration and deaf and hard of hearing endorsement; or

(b) a deaf education license area of concentration.

(14) An educator assigned to provide student support services as defined in Rule R277-306 shall hold a current educator license with the appropriate support service license area of concentration.

(15) An educator assigned as a school-based or LEA-based specialist shall hold a current educator license with the appropriate license area of concentration and endorsement as defined by the LEA.

(16) An educator assigned as a principal or vice principal in a school district shall hold a current educator license and a school leadership license area of concentration.

(17) A special education director for a charter school shall hold a current educator license with a license area of concentration in one of the following areas consistent with Section 53G-5-407:

(a) special education;

(b) preschool special education;

(d) school psychologist.

(18) An educator assigned in any other position that requires an educator license, as defined by the LEA, shall hold a current educator license with the appropriate license area of concentration and endorsement as defined by the district.

(19) An educator assigned in an administrative position in a charter school is exempt from Subsections (14) and (15) consistent with Section 53G-5-405.

(20) Notwithstanding Subsection R277-309-3(1), an individual may hold a school social work, speech language pathologist, or audiologist assignment in an LEA with an appropriate license issued by the Division of Professional Licensing.

(21) Notwithstanding the requirements of Subsections (6) through (9), an educator may be assigned to teach a class in a secondary setting for which the educator does not hold the appropriate endorsement for up to 25% of the educator's total instructional assignment, if the educator:

(a) holds a current educator license with a professional license area of concentration in:

(i) deaf education;

(ii) secondary education; or

(iii) career and technical education;

(b) is not assigned to teach driver education; and

History

KEY: educator, license, assignment
Date of Last Change: June 8, 2026
Notice of Continuation: April 2, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201(2)(a)

R277-310 International Guest Teachers

Utah Admin. Code R277-310-1 Authority and Purpose

(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;

(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; and

(2) The purpose of this rule is to establish procedures for qualified international guest teachers to be effectively hired and placed by a Utah LEA with assistance and direction from the Superintendent to encourage cultural exchange and foreign language development among Utah public school students.

History

KEY: international guest teachers
Date of Last Change: May 8, 2024
Notice of Continuation: March 11, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201(3)(a)

Utah Admin. Code R277-310-2 Definitions

(1) "International guest teacher" or "guest teacher" means a foreign educator who:

(a) has earned a public teaching credential or license in a foreign country;

(b) is currently legally residing in the United States and the state of Utah with the specific purpose to teach in Utah public schools; and

(c) is a resident of a foreign country that has a memorandum of understanding with the Board as described in Subsection R277-301-3(1).

(2) "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

History

KEY: international guest teachers
Date of Last Change: May 8, 2024
Notice of Continuation: March 11, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201(3)(a)

Utah Admin. Code R277-310-3 Superintendent Responsibilities

(1) On behalf of the Board, the Superintendent shall sign a Board-approved memorandum of understanding with the appropriate government agency of the country of origin.

(2) The Superintendent may work with guest teachers and their resident countries and the United States Department of State, if necessary, to secure appropriate visas or travel and work documents for guest teachers to legally teach in the public schools in Utah.

(3) The Superintendent shall verify that guest teachers have appropriate licenses or credentials from the guest teachers' resident countries that satisfy the requirements of Utah law and any applicable federal requirements.

(4) The Superintendent shall work with interested LEAs to make schools aware of guest teachers with specific credentials and language skills and to inform guest teachers about openings in specific grade levels and curriculum areas in various geographic locations in Utah.

(5)(a) The Superintendent shall review and approve a sending country's background check process.

(b) If an applicant successfully passes an approved background vetting process, the applicant meets the requirements of Subsection 53G-11-403(1) and Subsection R277-301-4(4)(a).

(6) The Board may determine that it will seek guest teachers only from foreign countries that provide transportation or per diem expenses or both for the Superintendent representatives to screen and interview potential guest teachers.

(7)(a) Following review and approval of a guest teacher's credentials and background, a guest teacher may receive a professional license.

(b) Notwithstanding Subsection R277-301-5(2), a professional license issued in accordance with this Rule R277-310 is valid until June 30 of the fifth school year after the license was issued.

History

KEY: international guest teachers
Date of Last Change: May 8, 2024
Notice of Continuation: March 11, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201(3)(a)

Utah Admin. Code R277-310-4 International Guest Teacher Requirements

(1) A guest teacher shall have a United States issued social security number prior to an LEA processing any payment to the guest teacher.

(2) A guest teacher shall cooperate with the Superintendent in required submission of information including criminal background check information, copies of credentials, copies of transcripts in the language and format designated by the Superintendent.

(3) A guest teacher shall assume all responsibility for living and transportation expenses while participating in the international guest teachers program.

(4) A guest teacher shall be responsible for compliance with all professional and ethical public school educator requirements.

(5) A guest teacher who violates an LEA employment policy or the Educator standards under Rule R277-217 may have the teacher's guest employment contract terminated consistent with at will employment provisions.

(6) The conduct of an individual guest teacher may influence continued participation in an international guest teacher program between the Board and a guest teacher's resident country.

History

KEY: international guest teachers
Date of Last Change: May 8, 2024
Notice of Continuation: March 11, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201(3)(a)

Utah Admin. Code R277-310-5 Other Provisions

(1) The opportunity for a teacher from outside the United States to be licensed to teach in Utah schools with assistance provided by the Superintendent under this rule shall be available only to individuals from countries with which the Board has a memorandum of understanding.

(2) A business or third party may not facilitate a memorandum of understanding between a foreign country and the Board, but may facilitate the hiring process at the request of an LEA.

(3) Notwithstanding this Rule R277-310, an internationally credentialed educator may seek appropriate licensing to teach in Utah schools in accordance with Rule R277-301, even without a host country with a memorandum of understanding with the Board.

(4) It is the responsibility of a prospective guest teacher or the guest teacher's home country to ensure that the guest teacher has the appropriate visa or authorization or both to live and teach in the United States for the agreed upon time period and teaching assignment.

History

KEY: international guest teachers
Date of Last Change: May 8, 2024
Notice of Continuation: March 11, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-6-201(3)(a)

R277-311 Specialized Endorsements

Utah Admin. Code R277-311-1 Authority, Purpose, and Oversight Category

(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;

(d) Section 53G-10-507, which directs the Board to establish procedures and standards to certify teachers of driver education classes as driver license examiners.

(2) The purpose of this rule is establish standards for earning specialized endorsements in:

(a) driver education; and

(b) physical education.

(3) This rule is categorized as Category 4 as described in Rule R277-111.

History

KEY: endorsement; driver education; physical education
Date of Last Change: January 7, 2026
Notice of Continuation: November 14, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-3-501; 53G-10-507

Utah Admin. Code R277-311-2 Definitions

(1) "Driver License Division" or "DLD" means the Driver License Division of the Department of Public Safety.

(2) "Endorsement" means a designation on a license area of concentration earned through demonstrating required competencies established by the Superintendent that qualifies the individual to:

(a) provide instruction in a specific content area; or

(b) apply a specific set of skills in an education setting.

(3) "Satisfactory driving record" means that an educator:

(a) holds a valid Utah automobile operator's license;

(b) has not had an automobile operator's license suspended or revoked during the three years immediately before applying for the endorsement;

(d) has not been convicted of more than one moving violation under Title 41, Chapter 6a, Traffic Code in any 12 month period over the last 36 months before applying for a driver education endorsement;

(e) has not been convicted of any moving violation under Title 41, Chapter 6a, Traffic Code, which resulted in a fatality;

(f) has not been convicted of a violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving during the five years immediately before applying for a driver education endorsement;

(g) has not been convicted of two or more violations of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; and

(h) has not been convicted of a violation of Section 53-3-227 during the five years immediately before applying for a driver education endorsement.

History

KEY: endorsement; driver education; physical education
Date of Last Change: January 7, 2026
Notice of Continuation: November 14, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-3-501; 53G-10-507

Utah Admin. Code R277-311-3 Driver Education Endorsement

(1) The Superintendent shall issue a driver education endorsement to a licensee that meets the requirements of this Section R277-311-3 and holds a license area of concentration in one or more of the following areas:

(a) Secondary Education;

(b) Special Education;

(d) Career and Technical Education.

(2) A driver education endorsement shall be valid for the same term as the underlying educator license.

(3) The Superintendent shall award a driver education endorsement if an educator:

(a) has a satisfactory driving record; and

(b) completes the following professional preparation:

(i) a minimum of 12 semester hours of professional learning in the area of driver and safety education, including a practicum covering classroom, on-street, simulator, and driving range instruction;

(ii) a minimum of two semester hours of driver education state law and policy through Utah Education Network;

(iii) a minimum of one semester hour of current first aid and CPR training approved by the Superintendent; and

(iv) a minimum of one semester hour of DLD online examiners training.

(4) An educator shall hold a current driver education endorsement to administer written and driving tests for driver education classes under Section 53G-10-507.

(5) An educator shall hold a current driver education endorsement to be certified as a driver license examiner by the DLD.

(6) To renew a driver education endorsement, an educator shall:

(a) complete:

(i) eight hours of professional development training every year; or

(ii) 40 hours of professional development training every five years before license renewal, which shall include at least one hour of DLD online examiners training; and

(b) provide proof of current first aid and CPR certification from a provider approved by the Superintendent.

(7) An educator may complete professional development under Subsection (6), as follows:

(a) workshops provided by the DLD; or

(b) driver education and traffic safety training pre-approved by the Superintendent through:

(i) a state agency;

(ii) college or university; or

(iii) a professional education organization.

(8)(a) The Superintendent shall administratively dissolve a driver education endorsement if an educator fails to maintain a satisfactory driving record.

(b) An administrative dissolution under Subsection (8)(a) shall have no effect on the underlying educator license or license area absent further Board action in accordance with Section 53E-6-604.

(9) An educator whose endorsement was administratively dissolved under Subsection (8)(a), may apply for reinstatement of the endorsement upon re-obtaining a satisfactory driving record and meeting the renewal requirements of Subsection (6).

History

KEY: endorsement; driver education; physical education
Date of Last Change: January 7, 2026
Notice of Continuation: November 14, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-3-501; 53G-10-507

Utah Admin. Code R277-311-4 Physical Education Endorsement

(1) The Superintendent shall issue a physical education endorsement or adapted physical education endorsement to a licensee that meets the requirements of this Section R277-311-4 and holds a license area of concentration in one or more of the following areas:

(a) Elementary Education;

(b) Secondary Education; or

(2) A physical education endorsement or adapted physical education endorsement shall be valid for the same term as the underlying educator license.

(3) The Superintendent shall issue a physical education endorsement or adapted physical education endorsement if an educator:

(a)(i) completes university and professional development courses as required by the Superintendent; or

(ii) demonstrates competency, as required by the Superintendent; and

(b) provides proof of current first aid and CPR certification from a provider approved by the Superintendent.

(4) To renew a physical education endorsement or adapted physical education endorsement, an educator must provide proof of current first aid and CPR certification from a provider approved by the Superintendent.

History

KEY: endorsement; driver education; physical education
Date of Last Change: January 7, 2026
Notice of Continuation: November 14, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53E-3-501; 53G-10-507

R277-312 Online Educator Licensure

Utah Admin. Code R277-312-1 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-3-501(1)(a), which directs the Board to make rules regarding the certification of educators; 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 provide procedures to ensure that consistency, quality, and fairness are maintained for online educator license transaction processes.

History

KEY: online, licensure
Date of Last Change: June 7, 2023

Utah Admin. Code R277-312-2 Definitions

(1) "LEA," for purposes of this rule, includes the Utah Schools for the Deaf and Blind.

(2) "License," for purposes of this rule, has the same meaning as described in 29 Subsection 53E-6-102(3).

(3) "License record" means the electronic record of license holder and license applicant personal information and credentials maintained by the Superintendent in CACTUS or USIMS.

(4) "License transaction" means the interactions between a license holder or applicant and the Superintendent that may result in issuance of:

(a) a license;

(b) a renewal of a license; or

(5) "Online license transaction" means those license transactions that take place through CACTUS or USIMS.

(6)(a) "USIMS" or "Utah Schools Information Management System" means a comprehensive tool maintained by the Superintendent for collecting, processing, providing oversight, and reporting on education data for the state.

(b) USIMS is the successor to the CACTUS database, which maintains data on educator licenses and license applications, which may include:

(i) personal directory information;

(ii) educational background;

(iii) endorsements;

(iv) employment history;

(v) professional development information;

(vi) evidence of criminal background checks; and

(vii) a record of disciplinary action taken by the Board against the educator.

(c) Information contained in an individual's license record may only be released in accordance with Title 63G, Chapter 2, Government Records Access Management Act.

(7) "Utah Professional Practices Advisory Commission" or "UPPAC" means a Commission established to assist and advise the Board in matters relating to the professional practices of educators, consistent with Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory Commission.

History

KEY: online, licensure
Date of Last Change: June 7, 2023

Utah Admin. Code R277-312-3 Procedures

(1) Board rules, statutory and Board definitions, and requirements established by statute and Board rules shall apply to any license transaction, regardless of whether the transactions occur online or by other means.

(2)(a) Educators may receive an electronic or paper verification of a licensure transaction.

(b) A verification provided under Subsection (2)(a) is not an educator license.

(3) USIMSs shall be the final repository of educator information and credentials for LEAs and other authorized USIMS users.

(4) Timelines, electronic processes and procedures, payment procedures, formats, and other elements of online licensure transactions shall meet standards of quality, ease of use, and accessibility consistent with those generally found in other wide-spread online processes.

(5) The Superintendent shall conduct educator licensing transactions electronically.

(6) An online application for a license transaction shall remain open for one year, at which time the Superintendent may delete the application if the license transaction is not complete.

(7) Approved Utah educator preparation institutions, LEAs, and other CACTUS and USIMS users shall cooperate with the Superintendent by using the online tools and procedures provided by the Superintendent for transmission of information related to licensing.

(8)(a) An LEA shall maintain accurate records in CACTUS and USIMS.

(b) An LEA shall update the license record of a licensee with a change in employment status within two weeks of the change of status.

(9) The Superintendent may suspend access to CACTUS or USIMS for any user found negligent in maintaining accurate records until the user completes additional training.

History

KEY: online, licensure
Date of Last Change: June 7, 2023

Utah Admin. Code R277-312-4 Monitoring by the Superintendent

(1) The Superintendent shall establish a monitoring program that provides for review of online licensure transactions for:

(a) accuracy;

(b) reliability; and

(2) The Superintendent may subject any licensure transaction to monitoring:

(a) within one year without cause; or

(b) at any time with cause.

(3) An LEA may designate individuals, subject to approval by the Superintendent, to have the opportunity to access and review licenses acquired or renewed online to verify licensure of employees.

(4)(a) Monitoring conducted under Subsection (2) may include a review of license holder documentation to verify the statements made by the license holder as part of the online license transaction.

(b) In order to verify that the assertions made by a license holder were accurate, a license holder may be required to submit:

(i) transcripts;

(ii) records of participation in professional development activities;

(iii) supervisor letters or endorsements; and

(iv) other documentation requested by the Superintendent.

(5) If the Superintendent finds that a license applicant or license holder intentionally provided false, misleading, or otherwise inaccurate information in a license transaction, the Superintendent shall forward the information to UPPAC.

(6) The Superintendent may void a license transaction that was completed on the basis of inaccurate information at any time with notice to the license holder.

History

KEY: online, licensure
Date of Last Change: June 7, 2023

Utah Admin. Code R277-312-5 License Applicant and License Holder Responsibilities

(1) A license applicant or license holder shall supply accurate and complete information in all license transactions.

(2) A license applicant or license holder shall maintain files and documentation of the information provided in a license transaction for a period of one year after the completion of the license transaction.

(3) A license applicant or license holder that intentionally supplies inaccurate, misleading, false, or otherwise unreliable information in any license transaction shall be subject to the full range of disciplinary actions that may be applied by UPPAC and the Board, consistent with Rule R277-215.

History

KEY: online, licensure
Date of Last Change: June 7, 2023

Utah Admin. Code R277-312-6 Licensing Costs

(1) The Superintendent shall maintain an automated and self-sustaining licensing process.

(2) The Superintendent shall incorporate current and emerging electronic and information technologies to better meet the needs of applicants for new licenses, for current license holders, for recommending institutions, for LEAs and the general public, to the extent funds are available.

(3) The Superintendent shall maintain accurate records and documentation of:

(a) the costs of online licensing; and

(b) the costs of any Superintendent review responsibilities.

History

KEY: online, licensure
Date of Last Change: June 7, 2023

Utah Admin. Code R277-312-7 Licensing Records

(1) The Superintendent shall record documentation of online licensure transactions in CACTUS or USIMS.

(2)(a) A license applicant shall submit a social security number as part of the license application process.

(b) A license applicant's social security number shall be classified as private in accordance with Subsection 63G-2- 302(2)(d).

(3) A license applicant or license holder shall update personal information in the educator's licensing record in a timely manner.

(4) The Superintendent may use licensing data for research and other valid educational purposes, consistent with Board data release policies.

(5) The following records shall be classified as public pursuant to Title 63G, Chapter 2, Government Records Access and Management Act:

(a) licenses issued by the Board;

(b) endorsements on an educator's license;

(d) an educator's assignment history in Utah public schools;

(e) an educator's education background;

(f) Board disciplinary action against an educator's license, which resulted in:

(i) a reprimand;

(ii) a suspension;

(iii) a revocation; or

(iv) license reinstatement; and

(g) an educator's voluntary surrender under Rule R277-216.

(6) The Superintendent shall provide an online licensing database where the general public may access the information classified as public in Subsection (5).

History

KEY: online, licensure
Date of Last Change: June 7, 2023

R277-313 Student Support License Areas of Concentration

Utah Admin. Code R277-313-1 Authority, Purpose, and Oversight Category

(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; and

(2) The purpose of this rule is to establish guidelines for student support license areas of concentration.

(3) This Rule R277-313 is categorized as Category 2 as described in Rule R277-111.

History

KEY: honors
Date of Last Change: August 7, 2025

Utah Admin. Code R277-313-2 Definitions

(1) "Authorized personnel" has the same meaning as defined in Section 53G-9-901.

(2) "Counseling" means a method used by school counselors, school psychologists, and school social workers to assist individuals and groups in learning how to solve problems, develop coping strategies, and make decisions about personal, health, social, emotional, behavioral, educational, vocational, financial, and other interpersonal concerns.

(3) "Mental health services" has the same definition as "practicing mental health therapy" contained in Subsection 58- 60-102(17).

(4) "Practicing mental health therapy" has the same meaning as set forth in Subsection 58-60-102(17).

(5) "Psychological services" includes:

(a) administering psychological and education assessments, and other assessment procedures;

(b) interpreting assessment results;

(d) consulting with other staff members in planning school programs to meet the special educational needs of student as indicated by psychological assessments, interviews, direct observation, and behavioral evaluations;

(e) planning and managing a program of psychological services, including psychological counseling for students and parents; and

(f) assisting in developing positive behavior intervention strategies.

(6) "Student support license areas" mean the following license areas of concentration:

(a) school counselor;

(b) school psychologist; and

History

KEY: honors
Date of Last Change: August 7, 2025

Utah Admin. Code R277-313-3 Student Support License Areas Scope of Practice

(1) An educator with a student support license area may:

(a) make referrals for students and families to community mental and behavioral health resources;

(b) provide professional learning to staff and information regarding prevention and mental health related topics to students and families, within the scope of their licensure;

(d) provide, coordinate, and participate in crisis intervention and prevention, including assessing students for risk of suicide;

(e) participate in a multidisciplinary team for the development of student special services, including:

(i) behavior intervention plans;

(ii) Section 504 accommodations; and

(iii) individualized education program services;

(f) conduct assessments in which the individual is trained in the ethical administration, scoring, and interpretation related to the intended use of the assessment and meet the assessment publisher's criteria for administration; and

(g) act as a related service provider to provide counseling services for students with a 504 plan or with an individualized education program consistent with Rule R277-750 and the Special Education Rules manual.

(2) A school counselor may implement a school counseling program as outlined in Rule R277-462 and the Utah K-12 comprehensive school counseling program components.

(3) A school counselor may provide services in a school as described in Section R277-306 -6 and Subsection 53G-9- 901 (2)(b) .

(4) A school psychologist may provide psychological services for special education.

(5) Authorized personnel may provide a mental health service in a school.

History

KEY: honors
Date of Last Change: August 7, 2025

Utah Admin. Code R277-313-4 Parent Consent

(1) A school counselor shall obtain written parent consent prior to providing services authorized under this rule.

(2) Authorized personnel shall obtain consent as required in Section 53G-9-902 prior to providing mental health services.

(3) Notwithstanding Subsection (2), consistent with Subsection 53G-9-902(3)(b), authorized personnel may provide services without parent consent if a delay could create an immediate serious risk of suicide or serious bodily injury to the student or another individual.

(2) A school or LEA shall:

(a) provide training to educators on the parent consent requirement; and

(b) ensure compliance by the educators employed by the LEA.

History

KEY: honors
Date of Last Change: August 7, 2025

R277-314 Provider-Specific Licenses

Utah Admin. Code R277-314-1 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; and

(c) Subsection 53E-6-201(1)(d), which requires the Board to establish a provider-specific license for educators providing academic instruction in online programs.

(2) The purpose of this rule is to set requirements and procedures for obtaining and using a provider-specific educator license.

History

KEY: License, Provider-specific
Date of Last Change: August 22, 2023

Utah Admin. Code R277-314-2 Definitions

(1) "Authorized online course provider" or "provider" means the same as the term is defined in Subsection 53F-4- 501(1).

(2) "Endorsement" means the same as the term is defined in Section R277-301-2.

(3) "License areas of concentration" or "license area" means the same as the term is defined in Section R277-301-2.

(4) "Renew" means to reissue or extend the length of time an educator license is valid consistent with Rule R277-302.

History

KEY: License, Provider-specific
Date of Last Change: August 22, 2023

Utah Admin. Code R277-314-3 Provider-Specific Educator License Structure

(1) A provider-specific educator license shall include at least one of the following license areas of concentration:

(a) Elementary;

(b) Secondary; or

(2) A provider may only request a license area identified in Subsection (1).

(3) A provider-specific license may only include provider-specific license areas and endorsements.

History

KEY: License, Provider-specific
Date of Last Change: August 22, 2023

Utah Admin. Code R277-314-4 Provider-Specific Educator License Requirements

(1) The general requirements for a provider-specific educator license shall include:

(a) completion of a criminal background check, including:

(i) review of any criminal offenses and clearance in accordance with Rule R277-214; and

(ii) continued monitoring in accordance with Subsection 53G-11-403(1);

(b) completion of the educator ethics review no more than one calendar year before the application; and

(c) submission of a request by the provider no more than 60 days before the application, which includes the rationale for the request.

(2) The Superintendent may issue a provider-specific educator license to a candidate if:

(a) the provider requesting the provider-specific educator license has an adopted policy, posted on the provider's website, which includes:

(i) educator preparation and support:

(A) as established by the authorized online course provider; and

(B) aligned with the Utah Effective Teaching Standards described in Rule R277-530;

(ii) criteria for utilizing educators with a provider-specific license; and

(iii) compliance with all requirements of this rule;

(b) the provider applies on behalf of the candidate;

(d) within the first year of employment, the provider trains the candidate on:

(i) educator ethics, including the educator standards described in Rule R277-217;

(ii) classroom management and instruction;

(iii) basic special education law and instruction; and

(iv) the Utah Effective Teaching Standards, described in Rule R277-530.

(3) A provider-specific license, license area, or endorsement is valid only for an authorized online course provider's programs and the educator's current assignment.

(4)(a) A provider-specific license, license area, or endorsement is valid for three years.

(b) A provider-specific license may renew after July 1 of the year of expiration.

(i) comply with the provider's policy for employment and professional learning;

(ii) provide documentation of 60 renewal hours, consistent with Section R277- 302-7;

(iii) complete the USBE educator ethics review during the year prior to the date of renewal;

(iv) maintain ongoing background monitoring in accordance with Section 53E-6- 401; and

(v) complete student and data security and privacy training for educators as described in Section R277-487-9.

(5) A provider may not issue a provider-specific endorsement in driver education.

(6) A provider-specific license expires immediately if the educator's assignment with the authorized online course provider that requested the license ends.

(7) A provider may request renewal of a provider-specific license if an educator meets professional learning requirements established by the Superintendent.

(8) The content knowledge and pedagogical requirements for a provider-specific educator license shall be established by the authorized online course provider.

(9) A provider that requests a provider-specific license, license area; or endorsement shall prominently post the following information on the provider's website:

(a) disclosure of the fact that the provider utilizes individuals holding provider-specific educator licenses, license areas, or endorsements;

(b) an explanation of the types of licenses issued by the provider;

(c) the percentage of the types of licenses, license areas, and endorsements held by educators employed by the provider, based on the employees' FTE as reported to the Superintendent; and

(d) a link to the Utah Educator Look-up tool provided by the Superintendent in

accordance with Subsection R277-312-7(6).

History

KEY: License, Provider-specific
Date of Last Change: August 22, 2023

R277-315 Educator Professional Learning Procedures and USBE Credit

Utah Admin. Code R277-315-1 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-3-501(1)(a), which allows the Board to make rules regarding the qualifications of personnel providing direct student services and the certification of educators; 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 establish standards for awarding USBE credit for professional learning.

History

KEY: teacher certification, professional competency
Date of Last Change: November 8, 2021
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(a); 53E-3-401(4)

Utah Admin. Code R277-315-2 Definitions

"Professional learning" has the same meaning as provided in Subsection 53G-11-303(1).

History

KEY: teacher certification, professional competency
Date of Last Change: November 8, 2021
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(a); 53E-3-401(4)

Utah Admin. Code R277-315-3 Professional Learning Requirements for Course Submission

(1) The Superintendent shall approve proposals for USBE professional learning.

(2) A professional learning proposal described in Subsection (1) shall include:

(a) a description of how the proposal provides fidelity to the professional learning standards as provided in Section 53G- 11-303;

(b) a descriptive outline of the professional learning;

(d) professional qualifications of each instructor.

(3) An LEA or other organization approved by the Superintendent shall request approval for USBE professional learning credit through the online professional learning system connected to the online Board certification system.

(4) An LEA or other organization approved by the Superintendent shall make a request under Subsection (3) at least three weeks prior to the beginning of the scheduled professional learning.

History

KEY: teacher certification, professional competency
Date of Last Change: November 8, 2021
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(a); 53E-3-401(4)

Utah Admin. Code R277-315-4 USBE Professional Learning Credit

The Superintendent shall award USBE credit upon completion of professional learning as follows:

(1) one-half credit for seven to 13 contact hours plus a two hour assigned learning task or reflection;

(2) one credit for 14 to 20 contact hours plus a four hour assigned learning task or reflection.

History

KEY: teacher certification, professional competency
Date of Last Change: November 8, 2021
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(a); 53E-3-401(4)

R277-316 Professional Standards and Training for Non-licensed Employees and Volunteers

Utah Admin. Code R277-316-1 Authority, Purpose, and Oversight Category

(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) Subsections 53E-3-501(1)(a)(i) and (iii), which direct the Board to:

(i) establish rules and minimum standards for the public schools regarding the qualification and certification of educators and ancillary personnel who provide direct student services; and

(ii) the evaluation of instructional personnel; and

(i) non-licensed employees;

(ii) contract employees;

(iii) volunteers; and

(iv) charter school governing board members.

(2) The purpose of this rule is to require LEAs to have appropriate policies in place to ensure that:

(a) individuals are appropriately background checked; and

(b) LEAs have procedures for reviewing criminal charges, as appropriate.

(3) This rule is categorized as Category 2 as described in Rule R277-111.

History

KEY: school employees, self reporting, background check
Date of Last Change: January 10, 2025
Notice of Continuation: November 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-301(3)(a); 53E-3-301(3)(d)(x); 53E-3-501(1)(a)(i); 53E-3-501(1)(a)(iii)

Utah Admin. Code R277-316-2 Definitions

(1) "Alcohol related offense" means the same as the term is defined in Subsection R277-210-2(3).

(2) "Association" means the same as that term is defined in Subsection 53G-7-1101(3).

(3) "Charter school governing board" means a board designated by a charter school to make decisions for the operation of the charter school.

(4) "Charter school board member" means a current member of a charter school governing board.

(5) "Comprehensive Administration of Credentials for Teachers in Utah Schools (CACTUS)" means the database maintained on all licensed Utah educators, which includes information such as:

(a) personal directory information;

(b) educational background;

(d) employment history;

(e) professional development information;

(f) completion of employee background checks; and

(g) a record of disciplinary action taken against the educator.

(6) "Contract employee" means an employee of a staffing service who works at a public school under a contract between the staffing service and the public school.

(7) "DPS" means the Department of Public Safety.

(8) "Drug related offense" means the same as defined in Subsection R277-210-2(15).

(9) "LEA" or "local education agency" for purposes of this rule includes the Utah Schools for the Deaf and the Blind.

(10)(a) "Licensed educator" means an individual who holds a valid Utah educator license and has satisfied all requirements to be a licensed educator in the Utah public school system.

(11) "Non-licensed public education employee" means an employee of a an LEA who:

(a) does not hold a current Utah educator license issued by the Board under Title 53E, Chapter 6, Educator Licensing and Professional Practices Act; or

(b) is a contract employee.

(12) "Public education employer" means the education entity that hires and employs an individual, including public school districts, the Utah State Office of Education, Regional Service Centers, and charter schools.

(13) "Volunteer" means a volunteer who may be given significant unsupervised access to children in connection with the volunteer's assignment.

History

KEY: school employees, self reporting, background check
Date of Last Change: January 10, 2025
Notice of Continuation: November 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-301(3)(a); 53E-3-301(3)(d)(x); 53E-3-501(1)(a)(i); 53E-3-501(1)(a)(iii)

Utah Admin. Code R277-316-3 Non-Licensed Public Education Employee, Volunteer, and Charter School Board Member Background Check Policies

(1) An LEA shall adopt a policy for non-licensed public education employee, volunteer, and charter school board member background checks that includes at least the following components:

(a) a requirement that the individual submit to a background check and ongoing monitoring through registration with the systems described in Section 53G-11-404 as a condition of employment or appointment; and

(b) identification of the appropriate privacy risk mitigation strategy that will be used to ensure that the LEA only receives notifications for individuals with whom the LEA maintains an authorizing relationship.

(2) An LEA policy shall describe the background check process necessary based on the individual's duties.

History

KEY: school employees, self reporting, background check
Date of Last Change: January 10, 2025
Notice of Continuation: November 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-301(3)(a); 53E-3-301(3)(d)(x); 53E-3-501(1)(a)(i); 53E-3-501(1)(a)(iii)

Utah Admin. Code R277-316-4 Non-Licensed Public Education Employee, Volunteer, or Charter School Board Member Arrest Reporting Policy Required from LEAs

(1) An LEA shall have a policy requiring a non-licensed public employee, a volunteer, or a charter school board member, to report offenses specified in Subsection (3).

(2) An LEA shall post the policy described in Subsection (1) on the LEA's website.

(3) An LEA's policy described in Subsection (1) shall include the following minimum components:

(a) reporting of the following:

(i) convictions or pleas in abeyance;

(ii) any arrest, citation, or charge for an alleged sex offense;

(iii) any arrest, citation, or charge for an alleged drug related offense;

(iv) any arrest, citation, or charge for an alleged alcohol related offense; and

(v) any arrest, citation, or charge for alleged offenses against the person under Title 76, Chapter 5, Offenses Against the Person.

(b) a timeline for receiving reports described in Subsection (3)(a);

(c) immediate suspension from student supervision responsibilities for alleged sex offenses and other alleged offenses which may endanger students during the period of investigation;

(d) immediate suspension from transporting students or public education vehicle operation or maintenance for alleged offenses involving alcohol or drugs during the period of investigation;

(e) adequate due process for the accused employee consistent with Section 53G-11-405;

(f) a process to review arrest information and make employment or appointment decisions that protect both the safety of students and the confidentiality and due process rights of employees and charter school board members; and

(g) timelines and procedures for maintaining records of arrests and convictions of non-licensed public education employees and charter school board members.

(4) An LEA shall ensure that the records described in Subsection R277-316-4(3)(g):

(a) include final administrative determinations and actions following investigation; and

(b) are maintained:

(i) only as necessary to protect the safety of students; and

(ii) with strict requirements for the protection of confidential employment information.

History

KEY: school employees, self reporting, background check
Date of Last Change: January 10, 2025
Notice of Continuation: November 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-301(3)(a); 53E-3-301(3)(d)(x); 53E-3-501(1)(a)(i); 53E-3-501(1)(a)(iii)

Utah Admin. Code R277-316-5 Association Professional Standard Setting, Training, and Monitoring

(1) A public school may not be a member of, or pay dues to an association, that adopts rules or policies that are inconsistent with this Section R277-316-5.

(2) An association shall establish policies or rules that require:

(a) coaches and individuals who oversee interscholastic activities or work with students as part of an interscholastic activity to meet a set of professional standards that are consistent with the Utah Educator Professional Standards described in Rule R277-217; and

(b) the association or public school to annually train each coach or other individual who oversees or works with students as part of an interscholastic activity of a public school on the following:

(i) child sexual abuse prevention as described in Section 53G-9-207;

(ii) the prevention of bullying, cyber-bullying, hazing, harassment, and retaliation as described in:

(A) Title 53G, Chapter 9, Part 6, Bullying and Hazing; and

(B) Rule R277-613; and

(iii) the professional standards described in Subsection (2)(a).

(3) An association shall establish procedures and mechanisms to:

(a) monitor LEA compliance with the association's training requirements described in Subsection (2); and

(b) track the employment history of individuals who receive a certification from the association.

History

KEY: school employees, self reporting, background check
Date of Last Change: January 10, 2025
Notice of Continuation: November 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-301(3)(a); 53E-3-301(3)(d)(x); 53E-3-501(1)(a)(i); 53E-3-501(1)(a)(iii)

Utah Admin. Code R277-316-6 Public Education Employer Responsibilities Upon Receipt of Arrest Information

(1) A public education employer that receives arrest information about a licensed public education employee shall review the arrest information and assess the employment status consistent with Section 53E-6-604, Rule R277-217, and the LEA's policy.

(2) A public education employer that receives arrest information about a non-licensed public education employee, volunteer, or charter school board member shall review the arrest information and assess the individual's employment or appointment status:

(a) considering the individual's assignment and duties; and

(b) consistent with a local board-approved policy for ethical behavior of non-licensed employees, volunteers, and charter school board members.

(3) A local board shall provide appropriate training to non-licensed public education employees, volunteers, and charter school board members about the provisions of the local board's policy for self-reporting and ethical behavior of non- licensed public education employees, volunteers, and charter school board members.

History

KEY: school employees, self reporting, background check
Date of Last Change: January 10, 2025
Notice of Continuation: November 15, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-301(3)(a); 53E-3-301(3)(d)(x); 53E-3-501(1)(a)(i); 53E-3-501(1)(a)(iii)

R277-317 Incentives for National Board Certification

Utah Admin. Code R277-317-1 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) Section 53F-5-202, which requires the Board to make rules to specify procedures and timelines for reimbursing educators for the cost to attain or renew a National Board certification; and

(d) Section 53F-2-523, which requires the Board to implement a salary supplement for eligible educators.

(2) The purpose of this rule is to specify procedures and timelines for:

(a) reimbursements to educators under Section 53F-5-202; and

(b) applications for the salary supplement under Section 53F-2-523.

History

KEY: national board certification, grants, salary supplements
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-5-202; 53F-2-523

Utah Admin. Code R277-317-2 Definitions

(1) "Eligible educator" means an educator who holds a current professional license and current National Board certification attained or renewed:

(a) after July 1, 2016; and

(b) while employed as an educator by an LEA in Utah.

(2) "Local education agency" or "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

(3) "National Board certification" means the same as that term is defined in Section 53E-6-102.

History

KEY: national board certification, grants, salary supplements
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-5-202; 53F-2-523

Utah Admin. Code R277-317-3 Salary Supplement for Eligible Educators

(1) The Superintendent shall allocate funds for salary supplements to eligible educators in accordance with Subsection 53F-2-523(3).

(2) The Superintendent shall maintain an online application system for eligible educators and make it available to educators no later than October 1 each school year.

(3) An applicant for the Board-certified salary supplement shall apply to the Superintendent by March 31.

(4)(a) If an applicant is denied funds under this rule, the applicant may submit a written appeal to the Superintendent prior to April 30.

(b) An appeal under Subsection (4)(a) is limited to the following issues:

(i) whether the applicant is an eligible educator;

(ii) whether the applicant was assigned to teach at a Title I school during the school year at issue;

(iii) whether the Superintendent's initial denial was inconsistent with Section 53F-2-523 or this Rule R277-317; or

(iv) whether the Superintendent's initial denial was based on inaccurate or missing information.

(c) The Superintendent may designate a panel of at least two Board staff members to review an appeal made under Subsection (4)(a) and make a recommendation to the Superintendent within 30 days of receipt of the written appeal.

(5) The Superintendent shall issue a ruling on an appeal within 15 days of receipt of the panel's recommendation.

(6) The decision of the Superintendent on an appeal is the final Board administrative action.

History

KEY: national board certification, grants, salary supplements
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-5-202; 53F-2-523

Utah Admin. Code R277-317-4 Grants for National Board Certification

(1) The Superintendent shall establish and maintain an online application system through which an educator may apply for a grant to pay for fees and costs to pursue or renew a National Board certification.

(2) An applicant for a grant under Subsection (1) shall pay a registration fee to the National Board for Professional Teaching Standards or "NBPTS" prior to submitting the application.

(3) The Superintendent shall pay a grant under Subsection (1) directly to NBPTS.

(4)(a) To receive a grant under Subsection (1), an educator shall submit an application through the application system, including all information required by Section 53F-5-202.

(b) The Superintendent shall accept applications from July 1 through January 31 annually.

(5) The Superintendent may not award a grant under this section to an educator with a currently suspended license.

(6)(a) The Superintendent shall annually determine the number of new grant awards available based on:

(i) legislative appropriations;

(ii) estimated costs under Section R277-317-3;

(iii) encumbered costs for grants previously awarded under this section; and

(iv) costs associated with obtaining National Board Certification.

(b) The Superintendent shall publish the number of new grants available by October 15 annually.

(c) If the number of applicants exceeds the number of available grant awards, the Superintendent shall randomly choose grant recipients from all complete applications.

(7) In order for an educator to receive a grant under this section, the Superintendent shall require the educator to attest that the educator will not accept payment of National Board certification costs covered under the grant from any other party.

(8) A grant recipient shall notify the Superintendent as soon as possible if:

(a) the individual discontinues pursuit of National Board Certification;

(b) the individual becomes ineligible to receive a grant under this section;

(c) the individual becomes ineligible to pursue National Board Certification under rules established by the National Board for Professional Teaching Standards; or

(d) the individual requests approval for an amendment to the individual's application plan.

History

KEY: national board certification, grants, salary supplements
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-5-202; 53F-2-523

Utah Admin. Code R277-317-5 Sunset Date

This rule will sunset on June 30, 2027.

History

KEY: national board certification, grants, salary supplements
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-5-202; 53F-2-523

R277-319 Special Educator Stipends

Utah Admin. Code R277-319-1 Authority, 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;

(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; and

(c) Subsection 53F-2-310(2), which requires the Board to distribute money appropriated for stipends for special educators for additional days of work.

(2) The purpose of this rule is providing standards and procedures for distributing money appropriated for stipends for special educators for additional days of work, recognizing:

(a) the added duties and responsibilities assumed by special educators to comply with federal law and Board special education rules regulating the education of students with disabilities; and

(b) the need to attract and retain qualified special educators.

(3) This Rule R277-319 is categorized as Category 4 as described in Rule R277-111.

History

KEY: special educators, stipends
Date of Last Change: December 8, 2025
Notice of Continuation: October 7, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-310

Utah Admin. Code R277-319-2 Definitions

(1) "After the school year" means two weeks after the final day of the required contract period, as determined by the employer.

(2) "Before the school year" means two weeks before the first day of the required contract period, as determined by the employer.

(3)(a) "Duties related to the IEP process" means the duties and responsibilities provided in Subsection 53F-2-310(4);

(b) "Duties related to the IEP process" do not include:

(i) professional development;

(ii) instructional planning;

(iii) classroom set-up and tear-down;

(iv) district level planning; and

(v) direct student instruction.

(4)(a) "Special educator" has the same meaning as described in Subsection 53F-2-310(1)(b).

(b) "Special educator" includes a pre-kindergarten special education teacher.

(5) "Work day" means a special educator's contract day as determined by the employer.

History

KEY: special educators, stipends
Date of Last Change: December 8, 2025
Notice of Continuation: October 7, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-310

Utah Admin. Code R277-319-3 Special Educator Stipend

(1) A special educator or speech language pathologist (SLP) eligible for funding shall complete a survey through an online provider approved by the Superintendent as follows:

(a) by a date determined by the special educator's LEA, but no later than September 30 for a special educator who worked before the school year began; and

(b) by a date determined by the special educator's LEA, but no later than July 31 for a special educator who worked after the school year ended.

(2) A special educator may only receive a stipend under this rule for actual days worked.

(3) An LEA may not transfer stipend workdays under this rule among special educators.

(4) A special educator hired by an LEA after the beginning of the school year may receive funding for extra days to the extent of funds available.

History

KEY: special educators, stipends
Date of Last Change: December 8, 2025
Notice of Continuation: October 7, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-310

Utah Admin. Code R277-319-4 Superintendent Responsibilities

(1) The Superintendent shall annually review this program and determine, based upon the annual appropriation, the number of special education days to be funded.

(2) To simplify accounting and evaluation requirements for LEAs, the Superintendent shall:

(a) provide a methodology for tracking and accounting for special educator days to LEAs;

(b) provide a checklist of appropriate duties related to the IEP process for special educators; and

History

KEY: special educators, stipends
Date of Last Change: December 8, 2025
Notice of Continuation: October 7, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-310

Utah Admin. Code R277-319-5 LEA Responsibilities

(1) An LEA shall distribute the survey required under Subsection R277-319-3(1) to eligible special educators and speech language pathologists semi-annually in time to meet the reporting deadlines of this rule.

(2)(a) An LEA shall maintain its Extended Year Special Educator (EYSE) dashboard and ensure valid survey responses no later than September 30 and July 31 annually.

(b) In its dashboard an LEA shall verify:

(i) that special educators and speech language pathologists have not exceeded the allowed days; and

(ii) that information submitted is complete and correct with no duplicate entries.

History

KEY: special educators, stipends
Date of Last Change: December 8, 2025
Notice of Continuation: October 7, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-310

R277-320 Grow Your Own Educator Pipeline Program

Utah Admin. Code R277-320-1 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; and

(2) The purpose of this rule is to establish requirements for administration of the grant program.

History

KEY: school counselor program, grant program
Date of Last Change: July 8, 2026
Notice of Continuation: May 13, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4), 53F-5-218

Utah Admin. Code R277-320-2 Definitions

(1) "Grant program" means the Grow Your Own Educator Program established in Section 53F-5-218.

(2) "Grant program candidate" or "candidate" means:

(a) for a school counselor, a student who is:

(i) enrolled in an accredited school counseling master's degree program; or

(ii) completing the candidate's hours of a supervised practicum or internship by applying appropriate school counseling practices under the supervision of a licensed school counselor;

(b) for a school psychologist, a student who is:

(i) enrolled in an accredited school psychology degree program; or

(ii) completing the candidate's hours of a supervised practicum or internship by applying appropriate school psychology practices under the supervision of a licensed school psychologist;

(i) enrolled in an accredited social work master's degree program; or

(ii) completing the candidate's hours of a supervised practicum or internship by applying appropriate school social work practices under the supervision of a licensed social worker; or

(d) for a teacher, meets the requirements of Section 53F-5-218.

(3) "High leverage" means critical instructional practices that research has demonstrated can impact student achievement and be used across different content areas and grade levels, including:

(a) collective efficacy;

(b) student engagement;

(d) feedback; and

(e) learning environment.

(4) "Mentor" means an educator selected in consultation with a candidate's principal who:

(a) has a professional educator license and license area in the field for which the educator is mentoring;

(b) has no less than three years full-time experience in the appropriate license area;

(d) has proven successful in positively improving student outcomes;

(e) follows all applicable supervision and mentoring requirements from a candidate's educator preparation program and Rule R277-308; and

(f) for a mentor teacher:

(i) models the use of high leverage teaching practices that meets the needs of diverse learners;

(ii) demonstrates content and grade level expertise; and

(iii) effectively collaborates with colleagues, families, and the broader community.

(5) "Regional Education Service Agency or "RESA" has the same meaning as the term is defined in Section 53G-4- 410.

(6) "School counselor assistant" has the same meaning as defined in Section 53F-5-218.

History

KEY: school counselor program, grant program
Date of Last Change: July 8, 2026
Notice of Continuation: May 13, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4), 53F-5-218

Utah Admin. Code R277-320-3 Program Administration

(1) The Superintendent shall prepare an application for participation in the grant program and post the application on the Board website.

(2)(a) An LEA shall submit an application, based upon the recommendation of a principal, to the Superintendent by the third Monday in May annually.

(b) A RESA may submit an application, based upon the recommendation of a principal, on behalf of one or more of its member LEAs.

(3) The Superintendent shall determine awards under the grant program taking into consideration the number of applicants and the needs of LEAs for grant program funds in each cohort and subject to the following:

(a) The Superintendent may allocate funds to an LEA or RESA annually as follows, subject to Subsection 53F-5- 218(6)(a):

(i) up to $12,000 for a candidate in an undergraduate program; and

(ii) up to $14,000 for a candidate in a graduate program;

(b) The Superintendent may annually allocate FTE costs up to $9,000 per candidate per eligible semester subject to the internship limits established in Subsection 53F-5-218(6)(c);

(d) The Superintendent may award stipends for school counselor assistants up to $7,000 annually.

(e) The Superintendent may annually allocate up to $150,000 for RESA administrative costs.

(5) An LEA applicant shall provide documentation of efforts by each candidate to maximize financial aid opportunities and programs, including the Free Application for Federal Student Aid.

(6) The Superintendent shall disburse approved funds to an LEA by July 1 annually.

(7) The Superintendent shall monitor LEA expenditures of program funds consistent with Rule R277-113:

(a) to ensure compliance with Section 53F-5-218 and this rule; and

(b) to collect data required for performance measures and required legislative reporting.

(8) An LEA shall maintain documentation of information required in Subsection (7) consistent with Rule R277-113.

(9) The Superintendent may reallocate any funds not expended by an LEA by the end of the fiscal year in which the funds were disbursed.

History

KEY: school counselor program, grant program
Date of Last Change: July 8, 2026
Notice of Continuation: May 13, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4), 53F-5-218

Utah Admin. Code R277-320-4 Candidate Learning Pathways

(1) A grant program candidate's educator preparation pathway:

(a) shall result in a Utah professional educator license in accordance with Rule R277-303 and Section R277-306-6;

(b) shall provide courses outside of the candidate's LEA work hours;

(c) shall incorporate opportunities, where available, for candidates to demonstrate competency in lieu of course completion, assignments, and other preparation requirements for the institution and;

(d) may not require qualifying exams or prerequisites for program admission.

(2) A majority of a grant program candidate's clinical experiences, required by the candidate's educator preparation program, shall be at the site of the candidate's school of employment.

History

KEY: school counselor program, grant program
Date of Last Change: July 8, 2026
Notice of Continuation: May 13, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4), 53F-5-218

R277-322 LEA Codes of Conduct

Utah Admin. Code R277-322 LEA Codes of Conduct

History

KEY: codes of conduct, appropriate behavior, employee conduct
Date of Last Change: August 7, 2024
Notice of Continuation: June 7, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E - 3 - 401(4); 63G - 7 - 301

R277-323 Public Educator Evaluation

Utah Admin. Code R277-323-1 Authority, Purpose, and Oversight Category

(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) Title 53G, Chapter 11, Part 5, School District and Utah Schools for the Deaf and the Blind Employee Requirements, which requires the Board to make rules to establish a framework for the evaluation of educators and set policies and procedures related to educator evaluations; and

(d) Subsections 53E-3-501(1)(a)(i) and (ii), which require the Board to establish rules and minimum standards for the qualification and certification of educators and for required school administrative and supervisory services.

(2) The purpose of this rule is to:

(a) provide a framework for educator evaluation systems;

(b) describe the requirements for district policies related to educator evaluation; and

(3) This rule is categorized as Category 3 as described in Rule R277-111.

History

KEY: evaluation
Date of Last Change: December 10, 2024
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53G, Chapter 11, Part 5; 53E-3- 501(1)(a)(i) and (ii)

Utah Admin. Code R277-323-2 Definitions

(1) "Academic growth" means demonstration of student learning through formative assessment measures identified by the LEA, school, or educator within the school year.

(2) "Administrator" has the same meaning as that term is defined in Section 53G-11-501.

(3) "Certified evaluator" means an educator with training in evaluating educator performance and demonstrated competency in using an educator evaluation tool to rate educator performance according to established standards.

(4) "Chronically absent" means that a student:

(a) was enrolled in an LEA for at least 60 calendar days; and

(b) missed 10% or more of the student's instructional days, whether the absence was excused or not.

(5) "Continued professional growth" means incremental measures of improvement relevant to the Utah Effective Educator Standards.

(6) "Educator" has the same meaning as that term is defined in Section 53G-11-501.

(7) "Educator evaluation system" means a school district's process, policies, and procedures for evaluating an educator's performance in the educator's assignments.

(8) "Formative assessment measures" means planned, ongoing processes used for educators to engage in reflection and growth of professional skills and includes opportunities to receive feedback on strengths or weaknesses of specific knowledge, skills, and abilities.

(9) "Evaluator" means an individual who is responsible for an educator's summative evaluation in accordance with this Rule R277-323.

(10) "Local board" means a school district's elected board of education or for the Utah Schools of the Deaf and the Blind, the Board.

(11) "Observation" means a formal or informal visit made by an administrator to an educator's classroom for the purpose of gathering formative information, providing feedback for growth, and informing decisions related to the educator's summative evaluation.

(12) "Performance" means the combination of an educator's professionalism consistent with:

(a) the Utah Effective Educator Standards;

(b) student academic growth; and

(13) "Summative evaluation" means an evaluation that is used to make decisions or ratings of an educator's performance and that may inform decisions on salary, continued employment, personnel assignments, transfers, or dismissals, consistent with a school district's policies.

(14) "Summative evaluation rating" means an annual rating of an educator's performance that assigns one of three levels, that may be defined as:

(a) One -- The educator did not meet performance expectations;

(b) Two -- The educator partially met performance expectations by demonstrating evidence of continued professional growth or demonstrating evidence of student academic growth;

(c) Three -- The educator met performance expectations by demonstrating evidence of continued professional growth and demonstrating evidence of student academic growth.

(15) "Unsatisfactory performance" means a level one summative evaluation rating.

(16) "Utah Effective Educator Standards" means the standards established in Rule R277-330, as applicable to the assignment for which an evaluator evaluates an educator.

History

KEY: evaluation
Date of Last Change: December 10, 2024
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53G, Chapter 11, Part 5; 53E-3- 501(1)(a)(i) and (ii)

Utah Admin. Code R277-323-3 School District Educator Evaluation Systems

(1) A local board shall adopt a district educator evaluation system in consultation with a joint committee established by the local board as required by Section 53G-11-506.

(2) A local board shall review and approve its educator evaluation system in an open meeting.

(3) A district educator evaluation system shall:

(a) evaluate educators based on the Utah Effective Educator Standards;

(b) include a description of school district processes for gathering, using, and protecting individual educator evaluation data;

(d) include a systematic process for evaluating all educators holding an educator license during an evaluation cycle of up to four years;

(e) include a summative evaluation rating consistent with this Rule R277-323; and

(f) take into account multiple inputs as required by Section 53G-11-507, including:

(i) self-evaluation of performance in relation to the Utah Effective Educator Standards;

(ii) student and parent input;

(iii) for administrators, feedback from teachers, including input on the effectiveness of evaluating employee performance in a school or school district for which the administrator has responsibility;

(iv) results of multiple observations done with tools aligned to the Utah Effective Educator Standards;

(v) evidence of student academic growth, as specified by the school district; and

(vi) other indicators of professional improvement as specified by the school district.

(4) A school district may use an evaluation cycle extending up to four years, which includes:

(a) a summative evaluation at least once every four years; and

(b) annual formative assessment measures, including:

(i) at least one observation conducted by an administrator;

(ii) additional observations, with feedback, which may be provided by a peer, mentor, instructional coach, administrator or other professional designated by the district; and

(iii) a planned ongoing process for the educator to engage in reflection and growth related to the Utah Effective Teaching Standards.

(5) A school district may not use year-end state testing data in determining an educator's summative evaluation rating.

(6) A school district may not use data from a student who is chronically absent in determining an educator's summative evaluation rating.

(7) A school district shall align its employee compensation system, with the district's educator evaluation system in accordance with Subsection 53G-11-518(1).

(8) To form the school district's educator evaluation system, a local school board may adopt:

(a) the Utah Model Educator Evaluation System approved by the Board;

(b) an adapted system; or

History

KEY: evaluation
Date of Last Change: December 10, 2024
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53G, Chapter 11, Part 5; 53E-3- 501(1)(a)(i) and (ii)

Utah Admin. Code R277-323-4 Systems Reliability

A school district shall establish an evaluator reliability process to ensure the reliability of its educator evaluation system that:

(1) identifies criteria for use in assigning evaluation ratings

(2) provides professional development opportunities for all evaluators that:

(a) assures evaluators understand the Utah Effective Educator Standards;

(b) improve evaluator proficiency in recognizing the criteria described in Subsection (1)(a); and

(c) give the evaluator an opportunity to demonstrate their abilities to rate an educator in accordance with the Utah Effective Educator Standards;

(3) designate qualified raters as certified;

(4) assure that each educator is rated by a certified evaluator; and

(5) include a process for maintaining a certified evaluator's skills.

History

KEY: evaluation
Date of Last Change: December 10, 2024
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53G, Chapter 11, Part 5; 53E-3- 501(1)(a)(i) and (ii)

Utah Admin. Code R277-323-5 Notice and Review

(1) At least 15 days before an educator's first evaluation, a school district shall provide an educator with:

(a) notification of the evaluation process;

(b) access to relevant evaluation instruments; and

(c) notice of potential consequences, including discipline and termination, if an educator fails to meet performance expectations.

(2) A school district's educator evaluation system shall:

(a) provide for clear and timely discussion of an evaluation with the educator;

(b) provide a written copy of the evaluation to the educator;

(d) attach the educator's response to the evaluation if the response is provided in writing.

(3) An educator who is dissatisfied with an evaluation may submit a written request for review within 15 days after receiving notice of the written evaluation.

(4) A school district shall conduct a review as described in this section and Section 53G-11-508.

(5) A school district conducting a review under Subsection (4) shall:

(a) use a certified evaluator;

(i) with experience in evaluating educators; and

(ii) who is not employed by the school district; and

(b) conduct the review in accordance with Utah Effective Educator Standards.

(6) A certified evaluator described in Subsection (5)(a) shall:

(a) review the school district's educator evaluation policies and procedures;

(b) review the evaluation process conducted for the educator;

(c) review the evaluation data from the professional performance, student academic growth, and stakeholder input components;

(d) review an educator's written response, if submitted in accordance with Subsection 53G-11-508(1)(b); and

(e) report findings, in writing, to the school district's superintendent for action.

(7) The school district superintendent shall determine if the initial educator evaluation was issued in accordance with:

(a) the school district's educator evaluation policies;

(b) the requirements of the Utah Effective Educator Standards;

(d) this Rule R277-323.

History

KEY: evaluation
Date of Last Change: December 10, 2024
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53G, Chapter 11, Part 5; 53E-3- 501(1)(a)(i) and (ii)

Utah Admin. Code R277-323-6 Support for Educators

(1) If an educator receives an unsatisfactory performance rating, a school district shall provide the educator with support for academic impact improvement consistent with Title 53G, Chapter 11, Part 5, School District and Utah School for the Deaf and the Blind Employee Requirements, including:

(a) assessing the professional learning needs of the educator; and

(b) providing mentors, coaches, or instructional specialists to assist the educator in establishing timelines and benchmarks for improving academic impact.

(2) A school district may provide assistance to any educator in need of support with professional growth as an educator or student academic growth.

History

KEY: evaluation
Date of Last Change: December 10, 2024
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53G, Chapter 11, Part 5; 53E-3- 501(1)(a)(i) and (ii)

Utah Admin. Code R277-323-7 Superintendent Responsibilities

(1) The Superintendent shall develop a model educator evaluation system that includes performance expectations consistent with this rule.

(2) The Superintendent shall evaluate and recommend tools and measures for use by school districts in developing and implementing educator evaluation systems.

(3) The Superintendent shall annually monitor 10% of school district educator evaluation systems.

History

KEY: evaluation
Date of Last Change: December 10, 2024
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53G, Chapter 11, Part 5; 53E-3- 501(1)(a)(i) and (ii)

Utah Admin. Code R277-323-8 School District Revisions

A school district shall amend the district educator evaluation system to align with any future revisions to the Utah Effective Educator Standards and implement any changes within two years from the effective date of revisions to Rule R277-330.

History

KEY: evaluation
Date of Last Change: December 10, 2024
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53G, Chapter 11, Part 5; 53E-3- 501(1)(a)(i) and (ii)

Utah Admin. Code R277-323-9 Applicability

(1) This rule shall become effective beginning in the 2024-2025 school year, except for the following subsections, which a district shall implement no later than June 30, 2029:

(a) Subsection R277-323-3(3)(e);

(b) Subsection R277-323-3(4); and

(2) A requirement for a school district under this Rule R277-323 is also applicable to the Utah Schools for the Deaf and the Blind.

History

KEY: evaluation
Date of Last Change: December 10, 2024
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53G, Chapter 11, Part 5; 53E-3- 501(1)(a)(i) and (ii)

R277-325 Public Education Exit and Engagement Surveys

Utah Admin. Code R277-325-1 Authority Purpose, and Oversight Category

(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; and

(c) Section 53G-11-304, which requires the Board to make rules for the creation and administration of a public education exit survey.

(2) The purpose of this rule is to:

(a) adopt minimum standards for LEAs to administer a public education exit and engagement survey; and

(b) adopt a model public education exit and engagement survey for use by LEAs.

(3) This Rule R277-325 is categorized as Category 3 as described in Rule R277-111.

History

KEY: exit, survey
Date of Last Change: January 7, 2026
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-11-304

Utah Admin. Code R277-325-2 Definitions

"Survey" means the Model Public Education Exit and Engagement Surveys incorporated by reference in Section R277- 325-3.

History

KEY: exit, survey
Date of Last Change: January 7, 2026
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-11-304

Utah Admin. Code R277-325-3 Incorporation of Model Public Education Exit and Engagement Surveys by Reference

(1) This rule incorporates by reference the Model Public Education Exit and Engagement Surveys (October 2024).

(2) A copy of the model surveys are located at:

(b) https://schools.utah.gov/administrativerules/documentsincorporated; and

History

KEY: exit, survey
Date of Last Change: January 7, 2026
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-11-304

Utah Admin. Code R277-325-4 Survey Administration

(1) Each LEA shall request that the LEA's educators complete the model public education engagement survey, at a minimum, every other year through:

(a) a Board approved online provider; or

(b) a provider approved by the LEA.

(2) Each LEA shall request that an educator leaving the LEA complete the model public education exit survey at the time of their separation from employment through:

(a) a Board approved online provider; or

(b) a provider approved by the LEA.

(3) If an LEA administers the surveys through a provider other than a Board approved online provider, the LEA shall provide the data from the surveys to the Superintendent by June 30 annually in a manner prescribed by the Superintendent.

(4) The surveys:

(a) shall allow each educator to remain anonymous;

(b) may not request the educator's CACTUS ID number;

(d) may ask each educator to voluntarily identify the educator's school; and

(e) may ask each educator to provide basic non-identifying demographic data as requested by the Superintendent.

(5) An LEA shall adopt written policies to:

(a) restrict access to survey results to appropriate personnel; and

(b) prevent identification of educators who complete the survey.

(6) (a) An LEA may include additional questions along with the required survey questions at the time the LEA administers the surveys.

(b) An LEA may limit dissemination of data from educator answers to questions included in accordance with Subsection (6)(a) in accordance with the LEA's written policies.

(7) If an LEA fails to administer the surveys, the Superintendent may pursue corrective action in accordance with Rule R277-114.

History

KEY: exit, survey
Date of Last Change: January 7, 2026
Notice of Continuation: December 16, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-11-304

R277-326 Early Literacy Coaches

Utah Admin. Code R277-326-1 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; and

(c) Section 53F-2-424, which establishes funding for early literacy coaches, and Subsection 53E-3-401(4), which authorizes the Board to make rules to administer and allocate funding for early literacy coaches.

(2) The purpose of this rule is to establish criteria and minimum requirements of early literacy coaches in accordance with Section 53G-10-804.

History

KEY: professional learning, prek-3, early learning, teacher development
Date of Last Change: August 7, 2026
Notice of Continuation: June 10, 2025

Utah Admin. Code R277-326-2 Definitions

"Early literacy coach" means an individual who provides early literacy coaching to educators in kindergarten through grade 3 in accordance with Section 53G-10-804.

History

KEY: professional learning, prek-3, early learning, teacher development
Date of Last Change: August 7, 2026
Notice of Continuation: June 10, 2025

Utah Admin. Code R277-326-3 Early Literacy Coaches

(1)(a) Each regional education service agency and each school district that is not within a regional education service agency shall provide, train, and assign early literacy coaches in accordance with Section 53G-10-804 .

(b) An early literacy coach shall meet minimum qualifications established by the Board including:

(i) training in the science of reading;

(ii) training in adult learning theory;

(iii) data analysis training and experience, including in the benchmark reading assessment;

(iv) experience providing professional learning to adults;

(v) a master's degree in education is preferred; and

(vi) a minimum of five years of elementary teaching experience is preferred.

(c) An early literacy coach shall perform responsibilities consistent with Section 53G-10-804 and as directed by the employing regional education service agency or school district including those identified in Subsections 53G-10-804(2)(b)(i) through (viii), and beginning in the 2028-2029 school year, support the integration of social studies content into literacy instruction to enhance reading comprehension and content knowledge, in alignment with Section 53E-4-205.

(d) An early literacy coach may not undertake duties unrelated to literacy coaches, as outlined in Section 53G-10-804.

(2) An LEA receiving funds for early literacy coaches may not charge indirect costs.

(3) A regional education service agency or school district shall ensure that early literacy coaching supports:

(a) professional learning in the science of reading for:

(i) educators in kindergarten through grade 3; and

(ii) elementary principals and vice principals;

(b) coaching of educators in kindergarten through grade 3; and

History

KEY: professional learning, prek-3, early learning, teacher development
Date of Last Change: August 7, 2026
Notice of Continuation: June 10, 2025

R277-328 Equal Opportunity in Education

Utah Admin. Code R277-328-1 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 53E-3-501(1)(c)(iv) which states the board shall establish rules and minimum standards governing curriculum and instruction requirements;

(d) Subsection 53E-3-502(8) which requests the Board help school districts develop and implement guidelines, strategies, and professional development programs for administrators and teachers consistent with Subsections 53E-2-302(7) and 53E-6-103(1)(b), (2)(a) and (b) focused on improving interaction with parents and promoting greater parental involvement in the public schools; and

(e) Section 53G-10-206, which requires the Board, LEAs, and the Superintendent to ensure that instructional materials and classroom instruction are consistent with principles of individual freedom and unalienable rights;

(f) Section 53G-10-205, which prohibits a school from penalizing or discriminating against a student based on the student's or the student's parents' religious belief or right of conscience;

(g) Section 53G-10-202, which requires maintaining constitutional freedoms in the public schools; and

(h) Section 53E-7-204 Full educational opportunity for students with disabilities as outlined in 34 CFR 300.109.

(2) The purpose of this rule is to provide LEAs with the standards for educators and LEAs for professional learning regarding opportunities in education and prohibited discriminatory practices.

History

KEY: opportunities, professional learning, instruction
Date of Last Change: September 4, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-328-2 Definitions

(1) "Equal Opportunity in Education" means acknowledging that all students are capable of learning and may need additional guidance, resources, and support based on their academic needs.

(2) "Important governmental interest" means the same as defined in Section 53B-1-118.

(3) "Personal identity characteristic" means the same as defined in Section 53B-1-118.

(4) "Prohibited discriminatory practice" means the same as defined in Section 53B-1-118.

History

KEY: opportunities, professional learning, instruction
Date of Last Change: September 4, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-328-3 Professional Learning Regarding Equal Opportunities in Education and Prohibited Discriminatory Practices

(1) An LEA shall provide professional learning to educators and relevant staff regarding students' constitutionally protected rights in public schools, including:

(a) recognizing that students do not forfeit constitutionally protected and unalienable rights to religious expression or religious exercise while attending public schools;

(b) including instruction regarding applicable federal and state constitutional protections, including protections recognized under Section 53G-10-205 and recent federal and state judicial decisions interpreting religious liberty protections in public education;

(c) emphasizing the obligation of public schools to remain neutral toward religion, neither promoting nor inhibiting religious expression protected by law; and

(d) providing educators with guidance regarding lawful accommodation of religious beliefs and religious expression consistent with constitutional requirements and maintaining an orderly educational environment; and

(e) promoting effective instructional practices and inclusive teaching applications that include intentionally and purposely creating, designing, and developing learning opportunities that ensure all students, regardless of their background, skill, or developmental level, can benefit from the least restrictive learning environment, including:

(i) that a student with a disability is educated with peers without a disability to the maximum extent appropriate, consistent with IDEA; and

(ii) that specially designed instruction is provided in addition to, not instead of, high-quality core instruction as consistent with IDEA.

(2) The professional learning provided by an LEA shall include instruction that educators may not promote prohibited discriminatory practices as described in Section 53B-1-118:

(a) one personal identity characteristic is inherently superior or inferior to another personal identity characteristic;

(b) an individual, by virtue of the individual's personal identity characteristics, is inherently privileged, oppressed, racist, sexist, oppressive, or a victim, whether consciously or unconsciously;

(c) an individual should be discriminated against in violation of Titles VI & VII of the Civil Rights Act of 1964, IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973, receive adverse treatment, be advanced, or receive beneficial treatment because of the individual's personal identity characteristics;

(d) an individual's moral character is determined by the individual's personal identity characteristics;

(e) an individual, by virtue of the individual's personal identity characteristics, bears responsibility for actions committed in the past by other individuals with the same personal identity characteristics;

(f) an individual should feel discomfort, guilt, anguish, or other psychological distress solely because of the individual's personal identity characteristics;

(g) asserts that meritocracy is inherently racist or sexist;

(h) asserts that socio-political structures are inherently a series of power relationships and struggles among racial groups;

(i) promotes resentment between, or resentment of, individuals by virtue of their personal identity characteristics;

(j) ascribes values, morals, or ethical codes, privileges, or beliefs to an individual because of the individual's race, color, ethnicity, sex, sexual orientation, national origin, or gender identity;

(k) is referred to or named diversity, equity, and inclusion, used in conjunction; or

(l) includes or relates to, a prohibited submission as outlined in Section 67-27-105.

(3) Prohibited instruction does not include a training on policies or procedures required by board rule, state, or federal law, including laws relating to prohibited discrimination or harassment.

(4) The professional learning provided by an LEA shall be done in accordance with all state and federal laws.

(5) The content of professional learning provided by an LEA shall be made freely available by the LEA within a reasonable amount of time from when the training is offered upon request and include a copy of this rule.

(6) If an alleged violation of this section is reported to the Board as described in Rule R277-123, the Board may investigate the alleged violation as described in Rule R277-114, including taking action as described in Subsection R277-114- 3(3).

(7) An LEA shall ensure a formal complaint process is in place pursuant to Rule R277-113.

(8) The professional learning referred to in Subsection (6) does not include remediation sessions for a specific educator.

History

KEY: opportunities, professional learning, instruction
Date of Last Change: September 4, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-328-4 Educational Opportunities Within an LEA

(1) An LEA may establish or maintain an office, division, employment position, or other unit of an LEA that provides support, guidance, and resources that equip all students, including all students in public schools at higher risk of not completing high school, with experiences and opportunities for success in each student's academic and career goals, and without excluding individuals on the basis of an individual's personal identity characteristics consistent with Section 53G-2-105.

(2) No part of this rule shall be construed by an LEA or educator to:

(a) prohibit or ban discussions of events, ideas, attitudes, beliefs, or concepts in the marketplace of ideas if consistent with Sections 53G-10-202, 53G-10-206, and 53G-2-104;

(b) prohibit disaggregation of data based on personal identity characteristics to meet state and federal requirements, including those in Section 53E-3-501 or 53E-5-302; or

( c) allow for discriminatory treatment of individual students based disaggregated group data.

(3) An LEA may not promote differential treatment of an individual based on the individual's personal identity characteristics unless the LEA:

(a) has an important governmental interest; or

(b) is complying with state or federal law.

(4) An LEA may not exclude any student from participating in Curricular, co-curricular, and extra-curricular activities designated specifically for students based on a different personal identity characteristic.

(5) An LEA shall submit an annual assurance to the Board that the LEA's professional learning is consistent with this rule and Section 53G-10-206.

(6) An individual may bring a violation of this section to the Board in accordance with the process described in Rule R277-123.

(7) If the Board identifies a reported violation of this section, the state board shall provide an update to the Education Interim Committee as described in Section 53G-2-103.

History

KEY: opportunities, professional learning, instruction
Date of Last Change: September 4, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

R277-329 Local School District Board Policies for Evaluation of Classified Employees

Utah Admin. Code R277-329-1 Authority and Purpose

(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;

(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; and

(2) The purpose of this rule is to direct public school districts to adopt policies for the evaluation and dismissal of classified employees.

History

KEY: policies, evaluations, non-licensed public education employees
Date of Last Change: May 23, 2023
Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53E-3-401; 53G-11-504

Utah Admin. Code R277-329-2 Definitions

"Classified employee" means a school district employee who is working in a position that does not require a Utah educator license.

History

KEY: policies, evaluations, non-licensed public education employees
Date of Last Change: May 23, 2023
Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53E-3-401; 53G-11-504

Utah Admin. Code R277-329-3 School District Policies

(1) A school district shall adopt policies for classified employees, including:

(a) policies for evaluation and dismissal consistent with minimum standards of:

(i) Sections 53G-11-504 through 53G-11-505; and

(ii) Sections 53G-11-512 through 53G-11-517; and

(b) evaluation procedures with the following components:

(i) the annual evaluation of classified employees;

(ii) the use of appropriate tools for classified employee evaluations;

(iii) classified employee evaluation criteria tied to specific job descriptions or assignments;

(iv) the administration of the evaluation by the school principal, an appropriate administrator, or the principal's or administrator's designee; and

(v) an appeals process that allows classified employees to appeal procedural violations of the evaluation process.

(2) School district evaluation policies for classified employees may include additional components beyond those specified in Subsection (1).

(3) A school district's policies may exclude temporary or part-time classified employees from performance evaluations, as provided in Subsection 53G-11-504(2).

History

KEY: policies, evaluations, non-licensed public education employees
Date of Last Change: May 23, 2023
Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53E-3-401; 53G-11-504

R277-330 Utah Effective Educator Standards

Utah Admin. Code R277-330-1 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; and

(c) Subsection 53E-3-501(1)(a), which requires the Board to establish rules and minimum standards for the qualification and certification educators and for required school administrative and supervisory services.

(2) The purpose of this rule is to establish statewide effective educational standards for:

(a) teachers;

(b) administrators;

(d) school psychologists;

(e) speech-language pathologists;

(f) speech-language technicians;

(g) audiologists; and

(h) school social workers.

History

KEY: effective, standards
Date of Last Change: October 11, 2023
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53E-3-501(1)(a)

Utah Admin. Code R277-330-2 Definitions

(1) "Administrator" has the same meaning as defined in Subsection 53G-11-501(1).

(2) "Educator" has the same meaning as defined in Subsection 53G-11-501(6).

(3) "Utah Effective Educator Standards means:

(a) the Effective Teaching Standards described in Section R277-330-6;

(b) the Educational Leadership Standards described in Section R277-330-7;

(d) the 2019 American School Counselors Association Professional Standards and Competencies;

(e) the 2020 National Association of School Psychologists Professional Standards;

(f) the 2020 American Speech-Language-Hearing Association Standards and Implementation Procedures for the Certificate of Clinical Competence in Speech-Language Pathology;

(g) the 2020American Speech-Language-Hearing Association Standards and Implementation Procedures for the Certificate of Clinical Competence in Audiology; and

(h) the 2012 National Association of Social Workers Standards for School Social Work Services.

History

KEY: effective, standards
Date of Last Change: October 11, 2023
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53E-3-501(1)(a)

Utah Admin. Code R277-330-3 Incorporation by Reference

(1) This rule incorporates by reference:

(a) the 2019 American School Counselor Association Professional Standards and Competencies;

(b) the 2020 National Association of School Psychologists Professional Standards;

(c) the 2020 American Speech-Language-Hearing Association Standards and Implementation Procedures for the Certificate of Clinical Competence in Speech-Language Pathology;

(d) the 2020 American Speech-Language-Hearing Association Standards and Implementation Procedures for the Certificate of Clinical Competence in Audiology; and

(e) the 2012 National Association of Social Workers Standards for School Work Services.

(2) A copy of these resources can be located at the offices of the Utah State Board of Education, https://schools.utah.gov/administrativerules/documentsincorporated, and:

(a) for Subsection (1)(a), https://www.schoolcounselor.org/getmedia/a8d59c2c-51de-4ec3-a565-a3235f3b93c3/SC- Competencies.pdf;

(b) for Subsection (1)(b), https://www.nasponline.org/standards-and-certification/nasp-2020-professional-standards- adopted;

(d) for Subsection (1)(d), https://www.asha.org/certification/2020-audiology-certification-standards/; and

(e) for Subsection (1)(e), https://www.socialworkers.org/LinkClick.aspx?fileticket=1Ze4-9-Os7E%3D&portalid=0.

History

KEY: effective, standards
Date of Last Change: October 11, 2023
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53E-3-501(1)(a)

Utah Admin. Code R277-330-4 Establishment of Standards

(1) The Board hereby establishes the Utah Effective Educator Standards as the foundation of educator development, which includes:

(a) alignment of teacher and school administrator programs;

(b) expectations for licensure; and

(2) The Utah Effective Educator Standards:

(a) ensure implementation of Utah's core standards; and

(b) serve as the basis for evaluation.

(3) The Superintendent shall:

(a) base the model educator assessment system described in Subsection R277-323-8(1) on the Utah Effective Educator Standards; and

(b) provide resources, including professional learning opportunities, which assist LEAs in integrating the Utah Effective Educator Standards into educator practices.

History

KEY: effective, standards
Date of Last Change: October 11, 2023
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53E-3-501(1)(a)

Utah Admin. Code R277-330-5 LEA Responsibilities

(1) An LEA shall develop policies to support teachers, school administrators, and other licensees in implementation of the Utah Effective Educator Standards.

(2) An LEA shall develop and support professional learning experiences in connection with an educator's professional learning plan for re-licensure using the Effective Educator Standards to assess educator progress toward implementation of the standards.

(3) An LEA shall adopt educator assessment systems aligned with the Utah Effective Educator Standards and consistent with Rule R277-323.

(4) An LEA shall use the Utah Effective Educator Standards as a basis for the development of a collaborative professional culture to facilitate student learning.

(5) An LEA shall implement induction and mentoring activities for beginning educators that support implementation of the Utah Effective Educator Standards.

History

KEY: effective, standards
Date of Last Change: October 11, 2023
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53E-3-501(1)(a)

Utah Admin. Code R277-330-6 Effective Teaching Standards

(1) The Effective Teaching Standards described in this Section:

(a) describe the knowledge, skills, and dispositions that are the hallmark of effective instruction; and

(b) highlight practices associated with effective teaching.

(2) A Utah educator shall demonstrate a commitment to ongoing growth and development of instructional competency within the following areas:

(a) Learners and Learning -- demonstrating attention to the impact of unique learner characteristics on development and growth;

(b) Instructional Design Clarity:

(i) previewing classroom content;

(ii) demonstrating clarity in organizing and sequencing instruction; and

(iii) effective planning for learning and student engagement.

(i) engaging in high quality instructional practices that are data informed;

(ii) exhibiting a collaborative approach to teaching and learning; and

(iii) meeting the learning needs of each student.

(d) Classroom Climate -- creating academic, physical, social, and emotional conditions with emphasis on academic performance; and

(e) Professional Responsibility -- demonstrating an awareness of and adherence to professional and ethical standards within their school and with families and communities, as required in Rule R277-217, Educator Standards and LEA Reporting.

History

KEY: effective, standards
Date of Last Change: October 11, 2023
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53E-3-501(1)(a)

Utah Admin. Code R277-330-7 Educational Leadership Standards

(1) The Educational Leadership Standards described in this Section describe expectations for school administrators, including:

(a) meeting the Effective Teaching standards;

(b) having the knowledge and skills to guide and supervise the work of educators;

(d) managing the school's learning environment in order to provide effective, high quality instruction to all Utah students.

(2) In addition to meeting the Effective Teaching Standards, a school administrator shall demonstrate the traits, skills, and work functions designated in the following areas:

(a) Visionary Leadership -- promoting the success of every student by facilitating the development, articulation, implementation, and stewardship of a vision of learning that is largely shared and supported by stakeholders;

(b) Teaching and Learning - promoting the success of every student by advocating, nurturing, and sustaining a school focused on teaching and learning conducive to student, faculty, and staff growth;

(c) Management for Learning -- promoting the success of every student by ensuring management of the organization, operation, and resources for a safe, efficient, and effective learning environment;

(d) Community Collaboration:

(i) promoting the success of every student by collaborating with faculty, staff, parents, and community members;

(ii) responding to diverse community interests; and

(iii) mobilizing community resources;

(e) Ethical Leadership -- promoting the success of every student by acting with, and ensuring a system of, integrity, fairness, equity, and ethical behavior; and

(f) Systems Leadership -- promoting the success of every student by understanding, responding to, and influencing the interrelated systems of political, social, economic, legal, and policy contexts affecting education.

History

KEY: effective, standards
Date of Last Change: October 11, 2023
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53E-3-501(1)(a)

R277-331 Stipends for Future Educators

Utah Admin. Code R277-331-1 Authority, Purpose, and Oversight Category

(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; and

(c) Section 53F-5-223, which creates a stipend for eligible student teachers and directs the Board to determine how the grant is distributed.

(2) The purpose of this rule is to create rules for distribution of stipends to eligible student teachers.

(3) This Rule R277-331 is categorized as Category 4 as described in Rule R277-111.

History

KEY: stipends, student teachers
Date of Last Change: July 8, 2025

Utah Admin. Code R277-331-2 Definitions

(1) "Accredited institution" means the same as that term is defined in Rule R277-301.

(2) "Eligible student teacher" means the same as defined in Section 53F-5-223.

(3) "Program" means the Stipends for Future Educators program established in Section 53F-5-223.

History

KEY: stipends, student teachers
Date of Last Change: July 8, 2025

Utah Admin. Code R277-331-3 Student Teachers Stipends

(1)(a) An eligible student teacher may apply for a stipend under the program by filling out an application on a form provided by the Superintendent.

(b) An eligible student teacher shall submit an affidavit demonstrating the student teacher's intent to pursue a Utah professional educator license and work in Utah as a teacher.

(2)(a) An eligible student teacher shall be a student in an accredited institution of higher education.

(b) An eligible student teacher's institution of higher education shall confirm the student's enrollment with the Superintendent in order for the teacher to qualify for a program stipend.

(3) An eligible student teacher may only receive a program stipend for student teaching done in a Utah k-12 public school.

(4)(a) The Superintendent shall distribute funds to LEAs under the program of $6,500 per semester for each eligible student.

(b) The Superintendent may pro rate the stipend for a teacher working in an LEA with a class schedule that varies from a standard two semester school year.

(c) The Superintendent shall determine a schedule for disbursing funds to LEAs with eligible student teachers no less than four times a year.

(d) An eligible student teacher shall receive no less than $6,000 before applicable payroll deductions, unless the stipend is reduced under Subsection (b).

(e) An LEA may use up to $500 to cover benefit costs associated with the stipend.

(5)(a) An eligible student shall receive payment of the stipend through the student teacher's cooperating LEA.

(b) An LEA may not claim indirect costs in relation to this program.

(c) An LEA shall disburse the stipend in one lump sum within 30 days of the beginning of the student teaching experience.

(d) An LEA shall record an eligible student teacher's placement in CACTUS or USIMS, as appropriate.

(6) The Superintendent may not penalize an LEA if a student teacher does not complete the student teaching experience.

(7) An eligible student teacher may be employed by the student teacher's cooperating LEA on a part-time basis to provide substitute teaching services or to support an extracurricular activity during the student teaching period.

(8) An individual who has received a stipend under this program is ineligible for any subsequent stipend.

(9) An individual who receives any funding from another state program in compensation for student teaching is ineligible for the stipend.

(10) Each Board-approved Utah educator preparation program that is an accredited institution of higher education shall provide written notification to the Superintendent, by September 15 annually, of the projected number of student teachers for that school year.

History

KEY: stipends, student teachers
Date of Last Change: July 8, 2025

R277-332 MASTER Pilot Program

Utah Admin. Code R277-332 MASTER Pilot Program

History

KEY: MASTER pilot program, mentoring, support
Date of Last Change: August 7, 2024

R277-333 Registered Apprenticeship Program for Teachers

Utah Admin. Code R277-333-1 Authority, Purpose, and Oversight Category

(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 53E-6-201(3)(a), which gives the Board authority to make rules establishing the criteria for obtaining a license; and

(d) Section 53E-6-206, which directs the Board to work with the Utah Board of Higher Education to develop a strategy for modifying traditional and alternative programs for training teachers.

(2) The purpose of this rule is to establish requirements for the RAPT, which allows a teacher to earn a professional license through an approved apprenticeship program.

(3) This Rule R277-333 is categorized as Category 4 as described in Rule R277-111.

History

KEY: apprentice, license, RAPT
Date of Last Change: October 8, 2025
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53E-6-201(3)(a); 53E-6-206

Utah Admin. Code R277-333-2 Definitions

(1)(a) "Apprentice" means a paid employee of an LEA who participates in structured on-the-job learning to prepare for a successful career as a teacher.

(b) An apprentice earns a progressive wage as the apprentice's skills and productivity increase.

(2) "Competency" means evidence established through demonstration in a higher education setting or pre-kindergarten to grade 12 classroom setting of successful application of knowledge and skills.

(3) "DOL" means the United States Department of Labor.

(4) "Education related expenses" may include:

(a) tuition;

(b) books;

(d) supplies.

(5) "Employer partner" means an LEA employing a participant, whether or not the LEA is a party to an apprenticeship agreement with the participant.

(6) "Individualized Professional Learning Plan" or "IPLP" means a plan developed for each participant, which shall include:

(a) for an apprentice:

(i) all requirements for a professional license, as described in Rule R277-301; and

(ii) all competencies for an apprentice's professional license areas of concentration and endorsements; or

(b) for a pre-apprentice:

(i) all requirements for a paraeducator as described in Section R277-324-5; and

(ii) the Utah Standards for Instructional Paraeducators incorporated by reference in Section R277-324-3.

(7) "Institution of higher education" or "IHE" means:

(a) a college or university that has a physical location in Utah where students attend classes; or

(b) an online college or university, which:

(i) has its primary headquarters in the state; and

(ii) is licensed to do business through the Utah Department of Commerce.

(8) "Journeyworker paraeducator" means an experienced paraeducator who:

(a) has attained a mastery level of skill, abilities, and competencies required for the profession;

(b) has met the paraeducator qualifications as described in Section R277-324-5; and

(9) "Journeyworker teacher" means an experienced teacher who:

(a) has attained a mastery level of skill, abilities, and competencies required for the profession;

(b) oversees and guides the work of an apprentice in an on-the-job placement;

(d) has a professional license area of concentration in:

(i) Deaf education;

(ii) Early Childhood education;

(iii) Elementary education;

(iv) Secondary education;

(v) Special education; or

(vi) Preschool special education;

(e) has a professional or associate endorsement in:

(i) instructional coaching;

(iii) journeyworking teaching; or

(ii) teacher mentoring; and

(f) may evaluate an apprentice's competencies.

(10) "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

(11) "On-the-job learning" means:

(a) time spent in a public school working directly with a journeyworker;

(b) experiences that provide fully supported, increasingly demanding opportunities to apply learning, reflect on practice, and demonstrate competency under supervision of a journeyworker; and

(c) time spent directly with students or performing other aspects of teaching under supervision of a journeyworker, such as:

(i) professional learning;

(ii) extracurricular activities;

(iii) lesson planning; and

(iv) parent communication, as outlined by the LEA.

(12) "Participant" means a registered apprentice or registered pre-apprentice.

(13) "Pre-apprentice" means a paid employee of an LEA who:

(a) participates in structured on-the-job learning to prepare for a successful career as a teacher;

(b) earns a progressive wage as the apprentice's skills and productivity increase; and

(14) "Registered Apprentice Partners Information Database System" or "RAPIDS" means the DOL case management system for all registered apprenticeship programs.

(15)(a) "Registered Apprentice Program for Teachers" or "RAPT" means an industry-driven, high quality career pathway where:

(i) employers can develop and prepare the future workforce; and

(ii) an individual can:

(A) obtain paid work experience;

(B) receive progressive wage increases;

(D) qualify for a Utah professional educator license, which is a portable, nationally-recognized credential.

(b) The "RAPT" is industry-vetted and approved and validated by the DOL and the Board.

(16) "Related instruction provider" means an entity that:

(a) provides related supplemental education to a participant;

(b) offers a competency-based postsecondary general education course online or in person; and

(17) "Sponsor" means the Superintendent operating in coordination with the Utah Department of Workforce Services and the DOL to coordinate, administer, and oversee all aspects of the apprenticeship program.

(18) "Supplemental education" means learning experiences required to successfully demonstrate all required competencies and meet professional educator license requirements.

History

KEY: apprentice, license, RAPT
Date of Last Change: October 8, 2025
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53E-6-201(3)(a); 53E-6-206

Utah Admin. Code R277-333-3 RAPT

(1) There is one RAPT in the state.

(2) The Superintendent may partner with an LEA as an employer partner.

(3) The Superintendent may partner with an IHE as a related instruction provider.

(4) The Superintendent shall register the RAPT and all related standards with the DOL.

(5) The Superintendent shall register all apprenticeship agreements with the DOL within 45 days of a participant's enrollment.

(6) The Superintendent shall notify the DOL of any change of status of a participant through RAPIDS.

(7) An apprentice may pursue a professional license with a license area of concentration in the following eligible license areas:

(a) Deaf education;

(b) Early Childhood education;

(d) Secondary education;

(e) Special education;

(f) Preschool special education.

(8) The Superintendent shall provide an application for participation in the RAPT.

(9) The Superintendent shall establish deadlines for the RAPT application.

(10) The Superintendent shall provide documentation related to the RAPT as required by the DOL.

(11) The Superintendent shall require periodic evaluation of a participant's progress in skills and technical knowledge and maintain appropriate progress records.

(12) The Superintendent may award an apprentice education related expenses of up to $10,000 annually.

(13) The Superintendent shall develop and maintain a model IPLP for an apprentice and a pre-apprentice.

(14) The Superintendent may award a pre-apprentice education related expenses of up to $4,000 annually.

History

KEY: apprentice, license, RAPT
Date of Last Change: October 8, 2025
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53E-6-201(3)(a); 53E-6-206

Utah Admin. Code R277-333-4 Apprentice Requirements

(1) A participant must be at least 18 years old.

(2) A participant must have a high school diploma or GED.

(3) An apprentice shall have a cleared background check and must enroll in FBI Rapback as set forth in Section R277- 301-10.

(4)(a) An LEA may not record a participant as a teacher of record or long-term substitute teacher in the LEA.

(b) If an individual is a teacher of record or long-term substitute teacher:

(i) the Superintendent may not enroll the individual in the RAPT; and

(ii) the Superintendent may require the individual to repay education related expenses provided through the RAPT.

(5) A participant shall complete a FAFSA, if enrolled in an IHE program.

(6) A participant shall be physically capable to perform the basic functions of teaching, with or without reasonable accommodation, and without jeopardizing the safety of the participant or others.

(7) If a participant is a military veteran, the participant may be eligible for GI Bill training programs while registered as a participant.

(8) A participant shall provide transcripts from an IHE as requested by the Superintendent.

(9) An apprentice shall serve under the direction of a journeyworker teacher.

(10) A pre-apprentice shall serve under the direction of a journeyworker paraeducator.

(11) A participant shall serve a probationary period until the completion of 1,000 hours of on-the-job learning.

(12) An apprentice shall demonstrate competency in all 37 general teacher preparation competencies, as incorporated by reference in Rule R277-304.

(13) An apprentice shall demonstrate all competencies required for the apprentice's desired license area of concentration as described in Rule R277-304.

(13) A pre-apprentice shall demonstrate all competencies aligned to the Utah Standards for Instructional Paraeducators incorporated by reference in Section R277-324-3.

(15) If an apprentice is seeking a secondary endorsement, the apprentice shall demonstrate additional content specific training as recorded in the apprentice's IPLP.

(16) A pre-apprentice shall complete the pre-apprenticeship in no more than two years.

(17) An apprentice shall complete the RAPT in no more than three years.

(18) The Superintendent shall award a professional license to an apprentice upon completion of all requirements identified in this rule and Rule R277-301.

History

KEY: apprentice, license, RAPT
Date of Last Change: October 8, 2025
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53E-6-201(3)(a); 53E-6-206

Utah Admin. Code R277-333-5 Employer Partners

(1) An employer partner shall establish a RAPT employer partner agreement with the Superintendent, which shall include the following terms:

(a) An employer partner shall employ each participant, which may be full-time.

(b) An employer partner shall establish progressive wage rates that are compliant with the RAPT.

(d) Apprentice wages shall progress based on the demonstration of the General Teacher Preparation competencies, as follows:

(i) Minimum of $18.21 hourly for up to 20 demonstrated competencies;

(ii) Minimum of $22.18 hourly for 21-29 demonstrated competencies; and

(iii) Minimum of $26.49 hourly for 30-37 demonstrated competencies;

(e) An employer partner may not employ an apprentice as a teacher or long-term substitute teacher.

(f) Pre-apprentice wages shall increase at least once during the pre-apprenticeship period.

(g) Pre-apprentice wages shall progress based on the number of hours worked within the pre-apprenticeship, as follows:

(i) Minimum of $7.75 hourly for 0-1000 hours worked;

(ii) Minimum of $8.73 hourly for 1001-2000 hours worked;

(iii) Minimum of $9.30 hourly for 2001-3000 hours worked; and

(iv) Minimum of 10.08 hourly for 3001-4000 hours worked.

(h) An employer partner may not employe a pre-apprentice as a teacher.

(2) An employer partner may adapt its RAPT agreement to fit local context with approval from the Superintendent.

(3) The Superintendent may reimburse an employer partner for on-the-job learning for up to 50% of an apprentice's salary.

(4) An employer partner shall develop and maintain an IPLP for a participant, in collaboration with the Superintendent, for each year the participant is part of the RAPT.

(5) An employer partner shall assign a journeyworker teacher to each apprentice.

(6) An employer partner may not assign more than two apprentices to an individual journeyworker teacher.

(7) An employer partner may not assign more than one pre-apprentice to an individual journeyworker paraeducator.

(8) An employer partner shall ensure each journeyworker teacher, journeyworker paraeducator, and school administrator has training to evaluate participant competency.

(9) A journeyworker teacher shall have a similar license area of concentration as the one defined in the assigned apprentice's IPLP, as defined by the Superintendent.

(10) A journeyworker teacher or school administrator shall evaluate each apprentice annually using the general teacher preparation competencies incorporated by reference in Rule R277-304.

(11) A journeyworker paraeducator shall evaluate each pre-apprentice annually using the Utah Standards for Instructional Paraeducators incorporated by reference in Rule R277-324.

(12) An employer partner may not report an apprentice as an educator preparation program enrollee or completer.

(13) The Superintendent may reimburse an LEA for journeyworker teacher compensation for apprenticeship related work completed outside an LEA employment contract for up to $1,000 per assigned apprentice per year.

History

KEY: apprentice, license, RAPT
Date of Last Change: October 8, 2025
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53E-6-201(3)(a); 53E-6-206

Utah Admin. Code R277-333-6 Related Instruction Providers

(1)(a) An IHE shall establish a related instruction provider agreement with the Superintendent to participate in the RAPT.

(b) An IHE may adapt a related instruction provider agreement to fit local context, with the approval of the Superintendent.

(2) A related instruction provider may enroll a participant.

(3) A related instruction provider may award college or university credit for competency demonstrated in on-the-job learning.

(4) A related instruction provider may evaluate participant competency.

History

KEY: apprentice, license, RAPT
Date of Last Change: October 8, 2025
Authorizing, and Implemented or Interpreted Law: Article X, Section 3; 53E-3-401(4); 53E-6-201(3)(a); 53E-6-206

R277-400 School Safety and Security

Utah Admin. Code R277-400-1 Authority, 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:

(a) establish general criteria for emergency preparedness, emergency response, and emergency recovery plans;

(b) provide assistance for the implementation of the incident response method consistent with the requirements in Section 53G-8-805; and

(i) develop prevention, intervention, response, and recovery measures; and

(ii) prepare staff and students to respond promptly and appropriately to school emergencies; and

(3) This Rule R277-400 is categorized as Category 2 as described in Rule R277-111.

History

KEY: carbon monoxide detectors, emergency preparedness, disasters, safety education
Date of Last Change: December 19, 2025
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-4-402(1)(b)

Utah Admin. Code R277-400-2 Definitions

(1) "Active threat" means any incident which creates an immediate threat or imminent danger to the school campus community, facilities and transportation systems.

(2) "Academics Recovery" means resuming educational programming, teaching and learning after an emergency.

(3) "Business Services Recovery" means resuming operations that aid the provision of teaching and learning and other essential services after an emergency.

(4) "Crisis" means an event that leads to physical or emotional distress;

(5) "Crisis Response" means a protocol for the actions to take and individuals to involve following a crisis event.

(6) "Developmentally appropriate" means adapted to what a student is able to do chronologically, cognitively, physically, or emotionally.

(7) "Elementary School" means a school with grades K-6.

(8) "Emergency Preparedness Plan" means policies and procedures developed to promote the safety and welfare of students, protect Local Education Agency (LEA) property, or regulate the operation of schools during an emergency occurring within an LEA or a school. The purpose of which is to safeguard students, staff, and patrons before, during and after any emergency or disaster.

(9) "Emergency Recovery Plan" means policy and procedures developed to return the educational entity back to ordinary daily routine after an emergency by restoring programming, operations, and the school environment. The purpose of which is to manage immediate, short term, and long-term recovery from an emergency incident.

(10) "Emergency Response Plan" means a plan developed by an LEA or a school to prepare and protect students and staff in the event of natural disasters, technological or school security emergencies.

(11) "Evidence-based" has the same meaning as defined in Subsection 53G-11-303(1)(a).

(12) "Evidence-informed" has the same meaning as defined in Subsection 53G-11-303(1)(b).

(13) "Heath, Wellbeing, and Behavioral Recovery" means awareness of community resources to assist the school community after an emergency.

(14) "Incident" means a natural or man-made disaster, accident, act of war, or other circumstance that could reasonably endanger the safety of school children or disrupt the operation of the school.

(15) "Incident response method" means a standardized interior marking system using a 100' x 100' grid.

(16) "K-12 School Campus" has the same meaning as defined in Subsection 53G-8-102(4).

(17) "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

(18) "Main entrance or address side" means the side of the building identified as the official main entry point or side bearing the building's designated address.

(19) "Physical and Structural Recovery" means restoring buildings, equipment, and supplies after an emergency.

(20) "Physical Space" has the same meaning as defined in Subsection 53G-8-102(5).

(21) "Plan" means an LEA's or a school's emergency preparedness, emergency response, and emergency recovery plans.

(22) "Quadrant designation" means the alphanumeric label assigned to each grid square.

(23) "Safe Messaging" means strategies and styles for communicating about the topic of suicide.

(24) "SafeUT" means the crisis line established in Section 53B-17-1202.

(25) "School safety and security director" means the LEA point of contact for the county security chief, local law enforcement, and the state security chief, as described in Subsection 53G-8-701(8).

(26) "School safety" has the same meaning as defined in Subsection 53G-8-102(6).

(27) "School safety and security specialist" means a school employee who is responsible for supporting school safety initiatives, including the threat assessment described in Subsection 53G-8-701(6).

(28) "Secondary School" means a school with any of the grades 7-12.

(29) "Student Threat assessment" has the same meaning as defined in Subsection R277-100-1(31).

History

KEY: carbon monoxide detectors, emergency preparedness, disasters, safety education
Date of Last Change: December 19, 2025
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-4-402(1)(b)

Utah Admin. Code R277-400-3 Establishing LEA Emergency Preparedness, Emergency Response, and Emergency Recovery Plans

(1) By July 1 of each year, an LEA shall certify to the Superintendent that the LEA's emergency preparedness, emergency response, and emergency recovery plans have been:

(a) practiced at the school level; and

(b) presented to and reviewed by its teachers, administrators, students and parents, local law enforcement, and public safety representatives consistent with Subsection 53G-4-402(20)(d).

(2)(a) An LEA's plans shall be designed to meet individual school needs and features.

(b) An LEA may direct schools within the LEA to develop and implement individual plans.

(c) An LEA shall make new staff aware of the LEA's emergency preparedness, emergency response, and emergency recovery plans upon orientation.

(3)(a) An LEA shall appoint a committee to prepare or modify plans to satisfy this Rule R277-400 and Subsection 53G-4-402(20).

(b) The committee shall consist of appropriate school and community representatives, which may include:

(i) school and LEA administrators;

(ii) school safety directors;

(iii) school safety and security specialists;

(iv) school nurses;

(v) teachers;

(vi) parents;

(vii) community and municipal governmental officers; and

(viii) fire and law enforcement personnel.

(c) The committee shall include governmental agencies and bodies vested with responsibility for directing and coordinating emergency services on local and state levels.

(4) An LEA shall review plans at least once every three years.

(5) The Superintendent shall develop Emergency Response Plan models under Subsection 53G-4-402(20)(c).

History

KEY: carbon monoxide detectors, emergency preparedness, disasters, safety education
Date of Last Change: December 19, 2025
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-4-402(1)(b)

Utah Admin. Code R277-400-4 Notice and Preparation

(1) Each school shall file a copy of plans required by this Rule R277-400 with the LEA superintendent or charter school director.

(2) At the beginning of each school year, an LEA or school shall provide a written notice to parents and staff of sections of an LEA's and school's plans that are applicable to that school.

(3) A school shall designate an Emergency Preparedness, Emergency Response, and Emergency Recovery week each year before April 30 which shall have activities that may include:

(a) community, student and teacher awareness;

(b) emergency preparedness or active threat response training; or

(4) A school's emergency response plan shall include procedures to notify students, to the extent practicable, who are off campus at the time of a school violence emergency consistent with Subsection 53G-4-402(20)(b)(v).

History

KEY: carbon monoxide detectors, emergency preparedness, disasters, safety education
Date of Last Change: December 19, 2025
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-4-402(1)(b)

Utah Admin. Code R277-400-5 Plan Content--Educational Services and Student Supervision and Building Access

(1) An LEA's or a school's plan shall include:

(a) procedures to ensure reasonably adequate educational services and supervision are provided for during an emergency including an extended emergency situation;

(b) Implementation and maintenance of the incident response method established by the state security chief, which requires:

(i) a 100 ft x 100 ft grid system overlaying the interior rooms and hallways of the building, including multiple levels if applicable;

(ii) beginning the grid with quadrant "A1" located at the bottom left corner of the building footprint when viewed from the main entrance or address side;

(iii) aligning row "A" with the main entrance or address side of the building, and continue designations sequentially across each row (A1, A2, A3…) and upward by rows (B1, B2, B3…);

(iv) ensuring the interior room and hallway being clearly marked with its assigned quadrant designation in a manner visible to building occupants and emergency responders; and

(v) markings being maintained and remaining legible at all times."

(c) evacuation procedures that provide reasonable care and supervision of a student until the student is released to a responsible party.

(i) An LEA or school shall not release a student grade 8 or below unless a parent or other responsible person has been notified and assumed responsibility for the student.

(ii) A school official may release a student grade 9 and above without such notification if authorized by the LEA or school and the school official determines:

(A) the student is reasonably responsible; and

(B) notification is not practicable.

(c)(i) as determined by a local board or governing authority, procedures regarding access to public school buildings by:

(A) students;

(B) community members;

(D) invitees; and

(E) others.

(ii) procedures regarding access:

(A) may include restricted access for some individuals;

(B) shall address building access during identified time periods; and

(d) resources and materials available for emergency training for an LEA's employees.

History

KEY: carbon monoxide detectors, emergency preparedness, disasters, safety education
Date of Last Change: December 19, 2025
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-4-402(1)(b)

Utah Admin. Code R277-400-6 Emergency Preparedness Training for School Occupants

(1) An LEA's or a school's plan shall include standard response protocols as established by the state security chief and shall provide procedures for students and adults to receive developmentally appropriate and age-appropriate emergency preparedness training including:

(a) rescue techniques;

(b) first aid;

(d) Avoid, Deny, Defend, and Aid protocols;

(e) reunification method;

(f) safety measures appropriate for specific emergencies; and

(g) other emergency skills.

(2) An LEA shall conduct emergency and fire drills in accordance with Section 15A-5-202.5.

History

KEY: carbon monoxide detectors, emergency preparedness, disasters, safety education
Date of Last Change: December 19, 2025
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-4-402(1)(b)

Utah Admin. Code R277-400-7 Emergency Response Review and Coordination

(1) For purposes of emergency response review and coordination an LEA shall:

(a) provide an annual training for LEA and school building staff regarding an employee's roles, responsibilities, and priorities in the emergency response plan.

(b) require a school to review existing security measures and procedures within the school and make necessary adjustments as funding permits.

(c) develop standards and protections for participants and attendees at school-related activities, especially school- related activities off school property.

(2) An LEA or school shall coordinate with local law enforcement and other public safety representatives in appropriate drills for school safety emergencies.

History

KEY: carbon monoxide detectors, emergency preparedness, disasters, safety education
Date of Last Change: December 19, 2025
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-4-402(1)(b)

Utah Admin. Code R277-400-8 Emergency Recovery Plan Content

(1) An LEA's or a school's recovery plan shall address the following four types of recovery:

(a) Academics Recovery;

(b) Business Services Recovery;

(d) Physical and Structural Recovery.

History

KEY: carbon monoxide detectors, emergency preparedness, disasters, safety education
Date of Last Change: December 19, 2025
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-4-402(1)(b)

Utah Admin. Code R277-400-9 Prevention and Intervention

(1)(a) Each k-12 public school shall implement an evidence-based threat assessment that provides a process for multidisciplinary teams to determine the severity of a threat and what course of action to take.

(b) Each k-12 public school shall utilize a multidisciplinary team that may:

(i) review school safety related data;

(ii) consult on case-specific interventions and disciplinary actions;

(iii) use threat assessment outcomes to inform the disciplinary process;

(iv) involve parents in the intervention process; and

(v) suggest referrals to evidence-informed resources as appropriate.

(2) An LEA's multidisciplinary team shall include a school administrator as the leader, the school safety and security specialist, and any other individuals needed as determined by the LEA, including:

(a) the school safety and security director;

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

(i) counselors;

(ii) psychologists;

(iii) and social workers.

(d) a member with expertise in general and special education; and

(e) other community members.

(3) In developing student assistance programs, an LEA may coordinate with other agencies and the Superintendent.

(4) Each k-12 public school shall designate a school safety and security specialist who:

(a) is employed at the school;

(b) is trained and acts in accordance with Section 53G-8-701.6; and

(5) An LEA shall provide a school comprehensive violence prevention and intervention strategies as part of a school's regular curriculum including:

(a) resource lessons and materials on anger management;

(b) conflict resolution; and

(6) As part of a violence prevention and intervention strategy in Subsection (5), a school may provide age-appropriate instruction on firearm safety including appropriate steps to take if a student sees a firearm or facsimile in school.

(7) An LEA shall also develop or incorporate tiered student assistance programs to the extent resources permit.

History

KEY: carbon monoxide detectors, emergency preparedness, disasters, safety education
Date of Last Change: December 19, 2025
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-4-402(1)(b)

Utah Admin. Code R277-400-10 School Safety and Security Training Program

(1) The following personnel shall attend the annual School Safety and Security Training Program as described in Section 53G-8-702:

(a) school principals;

(b) school safety personnel described in Section 53G-8-701.5; and

(2) The annual School Safety and Security Training Program shall take place no later than October 15 th of each year.

History

KEY: carbon monoxide detectors, emergency preparedness, disasters, safety education
Date of Last Change: December 19, 2025
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-4-402(1)(b)

Utah Admin. Code R277-400-11 School and Individual Crisis Response Protocol

(1) An LEA shall be able to respond to a school or community crisis by:

(a) developing a staff notification process to inform staff of a crisis in a timely manner;

(b) identifying and keeping record of:

(i) crisis response professionals who may assist in crisis response; and

(ii) resources and community partnerships for follow-up or intensive care after a crisis.

(d) establishing a multidisciplinary team as described in Subsection R277-400-8(3) to identify interventions for students who may be highly impacted by a crisis.

(2) If an LEA has implemented SafeUT, the LEA shall identify one or more SafeUT liaisons who:

(a) provide information from SafeUT to relevant stakeholders;

(b) communicate with SafeUT concerning updates and feedback; and

History

KEY: carbon monoxide detectors, emergency preparedness, disasters, safety education
Date of Last Change: December 19, 2025
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-4-402(1)(b)

Utah Admin. Code R277-400-12 Cooperation With Governmental Entities

(1) As appropriate, an LEA may enter into cooperative agreements with other governmental entities to establish proper coordination and support during emergencies.

(2)(a) An LEA shall cooperate with other governmental entities to provide emergency relief services.

(b) An LEA's or a school's plans shall contain procedures for assessing and providing the following for public emergency needs:

(a) school facilities;

(b) equipment; and

(3) A plan shall delineate communication channels and lines of authority within the LEA, city, county, and state.

(a) The Superintendent, is the chief officer for emergencies involving more than one LEA, or for state or federal assistance; and

(b) A local governing board, through its superintendent or director, is the chief officer for an LEA emergencies.

History

KEY: carbon monoxide detectors, emergency preparedness, disasters, safety education
Date of Last Change: December 19, 2025
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-4-402(1)(b)

Utah Admin. Code R277-400-12 Compliance Timeline for Safety and Security Standards

(1) A school shall comply with the incident response method for K-12 school buildings under Section R277-400-3:

(a) immediately for new school building construction and design projects;

(b) by school year 2034-2035 for existing school buildings.

(2) An LEA shall ensure that for all new builds and remodels, minimum safety standards are evaluated and approved as outlined in Section 53-22-102.

History

KEY: carbon monoxide detectors, emergency preparedness, disasters, safety education
Date of Last Change: December 19, 2025
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-4-402(1)(b)

Utah Admin. Code R277-400-13 Fiscal Accountability

(1) An LEA or a school plan shall address procedures for recording an LEA's funds expected for:

(a) emergencies;

(b) assessing and repairing damage; and

History

KEY: carbon monoxide detectors, emergency preparedness, disasters, safety education
Date of Last Change: December 19, 2025
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-4-402(1)(b)

Utah Admin. Code R277-400-14 School Carbon Monoxide Detection

(1) A new educational facility shall have a carbon monoxide detection system installed consistent with International Fire Code (IFC), Chapter 9, Sections 915 through 915.4.5

(2) An existing educational facility shall have a carbon monoxide detection system installed consistent with International Fire Code (IFC), Chapter 11, Section 1103.9.

(3) Where required, an LEA shall provide a carbon monoxide detection system where a fuel-burning appliance, a fuel- burning fireplace, or a fuel-burning forced air furnace is present consistent with IFC 915.1.

(4) An LEA shall install each carbon monoxide detection system consistent with NFPA 720 and the manufacturer's instructions, and listed systems as complying with UL 2034 and UL 2075.

(5) An LEA shall install each carbon monoxide detection system in the locations specified in NFPA 720.

(6) A combination carbon monoxide smoke detector is an acceptable alternative to a carbon monoxide detection system if the combination carbon monoxide and smoke detector is listed consistent with UL 2075 and UL 268.

(7)(a) Each carbon monoxide detection system shall receive primary power from the building wiring if the wiring is served from a commercial source.

(b) If primary power is interrupted, a battery shall provide each carbon monoxide detection system with power.

(c) The wiring for a carbon monoxide detection system shall be permanent and without a disconnecting switch other than that required for over-current protection.

(8) An LEA shall maintain all carbon monoxide detection systems consistent with IFC 915 and NFPA 720.

(9) Performance-based alternative design of carbon monoxide detection systems is acceptable consistent with NFPA 720, Section 6.5.5.6.

(10) An LEA shall monitor carbon monoxide detection systems remotely consistent with NFPA 720.

(11) An LEA shall replace a carbon monoxide detection system that becomes inoperable or begins to produce end-of- life signals.

History

KEY: carbon monoxide detectors, emergency preparedness, disasters, safety education
Date of Last Change: December 19, 2025
Notice of Continuation: September 13, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-4-402(1)(b)

R277-401 Child Abuse-Neglect Reporting by Education Personnel

Utah Admin. Code R277-401-1 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 80-2-602, which requires individuals to report suspected child abuse or neglect to appropriate authorities; 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 clarify:

(a) the Board's support for taking early protective measures towards allegations of child abuse by education personnel whose daily contact with children places them in a unique position to identify and refer suspected cases of abuse or neglect; and

(b) the role of all school employees in reporting and participating in investigations of suspected child abuse and neglect.

History

KEY: child abuse, employees, reporting, students
Date of Last Change: October 4, 2022
Notice of Continuation: June 28, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-401-2 Definitions

(1) "Abused child" has the same meaning as defined in Subsection 80-1-102(2).

(2) "DCFS" means the Utah Division of Child and Family Services.

(3) "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

(4) "Neglected child" has the same meaning as defined in Subsection )80-1-102(59).

History

KEY: child abuse, employees, reporting, students
Date of Last Change: October 4, 2022
Notice of Continuation: June 28, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-401-3 Policies and Procedures

(1) Each LEA shall develop and adopt a child abuse-neglect policy, which shall include, at a minimum, the following provisions:

(a) an LEA employee shall cooperate with social service and law enforcement agency employees authorized to investigate charges of child abuse and neglect, including:

(i) allowing appropriate access to students;

(ii) allowing authorized agency employees to interview children consistent with DCFS and local law enforcement protocols;

(iii) making no contact with the parents or legal guardians of children being questioned by DCFs or law enforcement authorities; and

(iv) maintaining appropriate confidentiality;

(b) an LEA shall preserve the anonymity of those reporting or investigating child abuse or neglect; and

(c)(i) any school employee who knows or reasonably believes that a child has been neglected, or physically or sexually abused, shall immediately notify the nearest peace officer, law enforcement agency, or DCFS.

(ii) If a school employee reasonably suspects child abuse or neglect, it is not the responsibility of the school employee to prove that the child has been abused or neglected, or determine whether the child is in need of protection.

(iii) Investigation by education personnel prior to submitting a report should not go beyond that necessary to support a reason to believe that a reportable problem exists.

(2) An LEA policy may direct a school employee to notify a school official of suspected neglect or abuse, but any such requirement shall clarify that notifying a school official does not satisfy the employee's personal duty to report to law enforcement or DCFS.

(3) Persons making reports or participating in an investigation of alleged child abuse or neglect in good faith are immune from any civil or criminal liability that otherwise might arise from those actions, as provided by law.

(4) An LEA shall annually notify an employee of the employee's legal responsibility to report suspected child abuse or neglect to appropriate authorities as described in Section 80-2-602.

History

KEY: child abuse, employees, reporting, students
Date of Last Change: October 4, 2022
Notice of Continuation: June 28, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

R277-404 Requirements for Assessments of Student Achievement

Utah Admin. Code R277-404-1 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;

(d) Subsection 53G-6-803(9)(b), which requires the Board to adopt rules to establish a statewide procedure for exempting a student from taking certain assessments.

(2) The purpose of this rule is to:

(a) provide consistent definitions; and

(b) assign responsibilities and procedures for the administration of statewide assessments, as required by state and federal law.

History

KEY: assessments, student achievements
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-4-302; 53E-3-401(4); 53G-6-803(9)(b)

Utah Admin. Code R277-404-2 Definitions

(1) "Benchmark reading assessment" means the same as the term is defined in Section R277-406-2.

(2) "Benchmark mathematics assessment" means the same as the term is defined in Section R277-406-2.

(3) "College readiness assessment" means the:

(a) same as that term is described in Section 53E-4-305; and

(b) the ACT.

(4) "Core Classes" means a course in English language arts, mathematics, science, or social studies, or another course required for high school graduation as described in Section 53E-4-204.

(5) "English Learner" or "EL student" means a student who is learning English as a second language.

(6) "English language proficiency assessment" means the WIDA Assessing Comprehension in English State-to-State (ACCESS), which is designed to measure the acquisition of the academic English language for an English Learner student.

(7) "Family Educational Rights and Privacy Act of 1974" or "FERPA," 20 U.S.C. 1232g, means a federal law designed to protect the privacy of students' education records.

(8) "National Assessment of Education Progress" or "NAEP" means the national achievement assessment administered by the United States Department of Education to measure and track student academic progress.

(9) "Statewide assessment" means an assessment described in Subsection 53G-6-803(9)(a).

(10) "Standards Assessment":

(a) means the same as that term is described in Subsection 53E-4-303(2)(a);

(b) means the "Readiness Improvement Success Empowerment" or "RISE"; and

(c) for each school year, includes one writing prompt from the writing portion of the RISE English language arts assessment for grades 5 and 8.

(11) "Statewide assessment" means the:

(a) the same as that term is defined in Subsection 53E-4-301(2);

(b) Utah alternate assessment; and

(12) "Section 504 accommodation plan" means a plan:

(a) required by Section 504 of the Rehabilitation Act of 1973; and

(b) designed to accommodate an individual who has been determined, as a result of an evaluation, to have a physical or mental impairment that substantially limits one or more major life activities.

(13)(a) "Utah alternate assessment" means an assessment instrument:

(i) for a student in special education with a disability so severe the student is not able to participate in a statewide assessment even with an assessment accommodation or modification; and

(ii) that measures progress on the Utah core instructional goals and objectives in the student's IEP.

(b) "Utah alternate assessment" means, for English language arts, science and mathematics, the Dynamic Learning Maps (DLM).

(14) "Utah eTranscript and Record Exchange" or "UTREx" means a system that allows:

(a) an LEA and the Superintendent to electronically exchange an individual detailed student record; and

(b) electronic transcripts to be sent to any post-secondary institution, private or public, in-state or out-of-state, that participates in the e-transcript service.

History

KEY: assessments, student achievements
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-4-302; 53E-3-401(4); 53G-6-803(9)(b)

Utah Admin. Code R277-404-3 Incorporation of Standard Test Administration and Testing Ethics Policy by Reference

(1) This rule incorporates by reference the Standard Test Administration and Testing Ethics Policy, dated May 2024, which establishes:

(a) the purpose of testing;

(b) the statewide assessments to which the policy applies;

(d) teaching practices before assessment occurs;

(e) required procedures for after an assessment is complete and for providing assessment results;

(f) unethical practices;

(g) accountability for ethical test administration;

(h) procedures related to testing ethics violations; and

(i) additional resources.

(2) A copy of the Standard Test Administration and Testing Ethics Policy is located:

(a) on the Utah State Board of Education Website; and

(b) at the Utah State Board of Education offices - 250 East 500 South, Salt Lake City, Utah 84111.

History

KEY: assessments, student achievements
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-4-302; 53E-3-401(4); 53G-6-803(9)(b)

Utah Admin. Code R277-404-4 Superintendent Responsibilities

(1) The Superintendent shall facilitate:

(a) administration of statewide assessments; and

(b) participation in NAEP, in accordance with Subsection 53E-4-302(1)(b).

(2) The Superintendent shall provide guidelines, timelines, procedures, and assessment ethics training and requirements for all statewide assessments.

(3) The Superintendent shall designate a testing schedule for each statewide assessment and publish the testing window dates on the Board's website before the beginning of the school year.

History

KEY: assessments, student achievements
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-4-302; 53E-3-401(4); 53G-6-803(9)(b)

Utah Admin. Code R277-404-5 LEA Responsibilities - Time Periods for Assessment Administration

(1)(a) Except as provided in Subsection (1)(b) and Section R277-404-7 an LEA shall administer statewide assessments to all students enrolled in the grade level or course to which the assessment applies.

(b) A student's IEP team, English Learner team, or Section 504 accommodation plan team shall determine an individual student's participation in statewide assessments consistent with the Utah Participation and Accommodations Policy.

(2) An LEA shall develop a plan to administer statewide assessments.

(3) The plan shall include:

(a) the dates that the LEA will administer each statewide assessment;

(b) professional development for an educator to fully implement the assessment system;

(c) training for an educator, appropriate paraprofessional, or third party proctor in the requirements of assessment administration ethics; and

(d) training for an educator and an appropriate paraprofessional to use statewide assessment results effectively to inform instruction.

(4) An LEA shall provide assurance that the LEA has met the requirements of the LEA's plan to the Superintendent by August 15 annually.

(5) At least once each school year, an LEA shall provide professional development for all educators, administrators, and assessment administrators, including third party proctors, concerning guidelines and procedures for statewide assessment administration, including educator responsibility for assessment security and proper professional practices.

(6) LEA assessment staff or third party proctor staff shall use the Standard Test Administration and Testing Ethics Policy in providing training for all assessment administrators and proctors.

(7) An LEA may not release statewide assessment data publicly until authorized to do so by the Superintendent.

(8) An LEA educator, third party proctor, or trained employee shall administer statewide assessments consistent with the testing schedule published on the Board's website.

(9) An LEA educator, third party proctor, or trained employee shall complete all required assessment procedures before the end of the assessment window defined by the Superintendent.

(10)(a) If an LEA requires an alternative schedule with assessment dates outside of the Superintendent's published schedule, the LEA shall submit the alternative testing plan to the Superintendent by September 15 annually.

(b) The alternative testing plan shall set dates for assessment administration for courses taught face-to-face or online.

History

KEY: assessments, student achievements
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-4-302; 53E-3-401(4); 53G-6-803(9)(b)

Utah Admin. Code R277-404-6 School Responsibilities

(1) An LEA may not prohibit a student from enrolling in an honors, advanced placement, or International Baccalaureate course:

(a) based solely on a student's score on a statewide assessment; or

(b) because the student was exempted from taking a statewide assessment.

(2) An LEA and school shall require an educator, assessment administrator, and proctor, including a third party proctor, to individually sign a document provided by the Superintendent acknowledging or assuring that the educator administers statewide assessments consistent with ethics and protocol requirements.

(3) An educator and assessment administrator shall conduct assessment preparation, supervise assessment administration, and certify assessment results before providing results to the Superintendent.

(4) An educator, assessment administrator, and proctor shall securely handle and return all protected assessment materials, where instructed, in strict accordance with the procedures and directions specified in assessment administration manuals, LEA rules and policies, and the Standard Test Administration and Testing Ethics Policy.

History

KEY: assessments, student achievements
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-4-302; 53E-3-401(4); 53G-6-803(9)(b)

Utah Admin. Code R277-404-7 Student and Parent Participation in Student Assessments in Public Schools; Parental Exclusion from Testing and Safe Harbor Provisions

(1) As used in this section, "penalize" means to put in an unfavorable position or at an unfair disadvantage.

(2)(a) A parent is primarily responsible for a child's education and has the constitutional right to determine which aspects of public education the child participates in, including assessment systems.

(b) Parents may further exercise their inherent rights to exempt their children from a statewide assessment without further consequence by an LEA.

(3)(a) A parent may exercise the right to exempt their child from a statewide assessment.

(b) Except as provided in Subsection (3)(c), an LEA may not penalize a student who is exempted from a statewide assessment under this section.

(4)(a) To exercise the right to exempt a child from a statewide assessment under this provision and ensure the protections of this provision, a parent shall:

(i) fill out:

(A) the Parental Exclusion from State Assessment Form provided on the Board's website; or

(B) an LEA specific form as described in Subsection (4)(b); and

(ii) submit the form:

(A) to the principal or LEA either by email, mail, or in person; and

(B) on an annual basis; and

(b) An LEA may allow a parent to exempt a student from taking a statewide assessment less than one day before the beginning of the assessment upon parental request.

(i) the LEA includes a list of local LEA assessments that a parent may exempt the parent's student from as part of the LEA specific form; and

(ii) the LEA specific form includes information described in the Parental Exclusion from State Assessment Form provided on the Board's website as described in Subsection (4)(a)(i)(A).

(5)(a) A teacher, principal, or other LEA administrator may contact a parent to verify that the parent submitted a parental exclusion form described in Subsection (4)(a)(i).

(b) An LEA may request, but may not require, a parent to meet with a teacher, principal, or other LEA administrator regarding the parent's request to exclude the parent's student from taking a statewide assessment.

(6) The administration of any assessment that is not a statewide assessment, including consequences associated with taking or failing to take the assessment, is governed by policy adopted by each LEA.

(7) An LEA shall provide a student's individual test results and scores to the student's parent or guardian consistent with the protection of student privacy.

(8) An LEA may not provide a nonacademic reward to a student for a student's participation in or performance on a statewide assessment.

(9) An LEA shall allow an educator to provide an academic incentive for a student's performance on a statewide assessment in accordance with Subsections 53E-4-303(4)(b), 53E-4-304(3), and 53E-4-305(4).

(10) An LEA shall ensure that a student who has been exempted from participating in a statewide assessment under this section is provided with an alternative learning experience if the student is in attendance during test administration.

(11) An LEA may allow a student who has been exempted from participating in a statewide assessment under this section to be physically present in the room during test administration.

History

KEY: assessments, student achievements
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-4-302; 53E-3-401(4); 53G-6-803(9)(b)

Utah Admin. Code R277-404-8 Public Education Employee Compliance with Assessment Requirements, Protocols, and Security

(1) An educator, test administrator or proctor, administrator, or school employee may not:

(a) violate any specific assessment administrative procedure specified in the assessment administration manual, violate any state or LEA statewide assessment policy or procedure, or violate any procedure specified in the Standard Test Administration and Testing Ethics Policy;

(b) fail to administer a statewide assessment;

(d) submit falsified data;

(e) allow a student to copy, reproduce, or photograph an assessment item or component; or

(f) knowingly do anything that would affect the security, validity, or reliability of statewide assessment scores of any individual student, class, or school.

(2) A school employee or third party proctor shall promptly report an assessment violation or irregularity to a building administrator, an LEA superintendent or director, or the Superintendent.

(3) An educator who violates this rule or an assessment protocol is subject to Utah Professional Practices Advisory Commission or Board disciplinary action consistent with Rule R277-215.

(4) All assessment material, questions, and student responses for required assessments is designated protected, consistent with Subsection 63G-2-305(5), until released by the Superintendent.

(5)(a) Each LEA shall ensure that all assessment content is secured so that only authorized personnel have access and that assessment materials are returned to Superintendent following testing, as required by the Superintendent.

(b) An individual educator, third party proctor, or school employee may not retain or distribute test materials, in either paper or electronic form, for purposes inconsistent with ethical test administration or beyond the time period allowed for test administration.

History

KEY: assessments, student achievements
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-4-302; 53E-3-401(4); 53G-6-803(9)(b)

Utah Admin. Code R277-404-9 Data Exchanges

(1) The Board's IT Section shall communicate regularly with an LEA regarding the required format for electronic submission of required data.

(2) An LEA shall update UTREx data using the processes and according to schedules determined by the Superintendent.

(3) An LEA shall ensure that any computer software for maintaining or submitting LEA data is compatible with data reporting requirements established in Rule R277-484.

(4) The Superintendent shall provide direction to an LEA detailing the data exchange requirements for each statewide assessment.

(5) An LEA shall ensure that all statewide assessment data have been collected and certify that the data are ready for accountability purposes no later than July 12.

(6) An LEA shall verify that it has satisfied all the requirements of the Superintendent's directions described in this section.

(7) Beginning with the 2022-2023 school year and consistent with Utah law, the Superintendent shall return assessment results from all statewide assessments to the school before the end of the school year.

History

KEY: assessments, student achievements
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-4-302; 53E-3-401(4); 53G-6-803(9)(b)

Utah Admin. Code R277-404-10 Test-Out Options for Core Classes

(1) Beginning with the 2027--2028 school year, and in accordance with Section 53E-4-209, the Superintendent shall:

(a) develop and provide all assessments and portfolio-based demonstrations of mastery used in statewide test-out options for core classes;

(b) establish uniform procedures, timelines, scoring criteria, and security requirements for administration of test-out assessments and portfolio-based demonstrations of mastery;

(c) establish academic proficiency standards aligned with the state core standards for each statewide test-out option; and

(d) ensure that test-out assessments and portfolio-based demonstrations of mastery are applied consistently across all local education agencies.

(2) Test-out assessments and portfolio-based demonstrations of mastery developed by the Superintendent under Subsection (1) shall be the exclusive methods used for a student to demonstrate proficiency for purposes of earning credit without course enrollment in a core class.

(3) An LEA shall:

(a) offer students the statewide test-out options established by the Superintendent;

(b) administer the statewide test-out assessments and portfolio-based demonstrations of mastery provided by the Superintendent;

(c) comply with all procedures, timelines, scoring criteria, and security requirements established by the Superintendent; and

(d) ensure that administration of test-out assessments and portfolio-based demonstrations of mastery does not create barriers to student participation.

(4) An LEA may not:

(a) develop, modify, substitute, or independently score any assessment or portfolio-based demonstration of mastery for a statewide test-out option for a core class; or

(b) impose additional requirements that restrict or limit a student's ability to participate in a statewide test-out option.

(5) An LEA shall administer test-out assessments and portfolio-based demonstrations of mastery in a manner that maintains the validity, reliability, fairness, and security of the assessment process, consistent with:

(a) this rule; and

(b) the Standard Test Administration and Testing Ethics Policy incorporated by reference in Section R277-404-3.

(6) An LEA shall notify students and parents annually of:

(a) available statewide test-out options;

(b) applicable timelines and deadlines; and

History

KEY: assessments, student achievements
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-4-302; 53E-3-401(4); 53G-6-803(9)(b)

R277-406 Early Learning Program and Assessments

Utah Admin. Code R277-406-1 Authority, Purpose, and Oversight Category

(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) Section 53E-3-521, which requires the board to define the components of the early mathematics plan and establish a statewide target using data from the mathematics benchmark assessment;

(d) Section 53E-4-307, which requires the Board to approve a benchmark assessment for statewide use to assess the reading and mathematics competency of students in grades one, two, and three; and

(e) Section 53G-7-203, which requires the Board to establish rules regarding the administration of and reporting regarding the kindergarten assessment.

(2) The purpose of this rule is:

(a) to outline the responsibilities of the Superintendent and LEAs for implementation of Section 53E-3-521 and the Board's administration of Early Learning in the state, including to:

(i) set expectations for LEA Early Learning Plans;

(ii) establish timelines for LEA Early Learning Plans;

(iii) provide definitions and designate assessments required in Sections 53E-4-307 and 53E-4-307.5;

(iv) provide testing reporting windows, and timelines; and

(v) require LEAs to submit student reading and mathematics assessment data to the Board; and

(b) designate the kindergarten assessment and establish timelines and requirements for administration and reporting kindergarten assessment results and enrollment.

(3) This Rule R277-406 is categorized as Category 3 as described in Rule R277-111.

History

KEY: reading, improvement, goals
Date of Last Change: August 7, 2025
Notice of Continuation: January 13, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-521; 53E-4-307; 53E-4-307.5; 53G- 7-203

Utah Admin. Code R277-406-2 Definitions

(1)(a) "Benchmark reading assessment" means the Acadience Reading assessment.

(b) The "benchmark reading assessment:"

(i) is given three times each year;

(ii) gives teachers information to:

(A) plan appropriate instruction; and

(B) evaluate the effects of instruction; and

(iii) provides data about student preparation for success on an end of year criterion referenced test.

(2)(a) "Benchmark mathematics assessment" means the Acadience Math assessment;

(b) The "benchmark mathematics assessment:

(i) is given three times each year;

(ii) gives teachers information to:

(A) plan appropriate instruction; and

(B) evaluate the effects of instruction; and

(iii) provides data about student preparation for success on an end of year criterion referenced test.

(3) "Components of early mathematics" means the key areas of mathematical learning including:

(a) conceptual understanding;

(b) procedural fluency;

(d) productive disposition.

(4) "Conceptual understanding" means the comprehension and connection of concepts, operations, and relations.

(5) "Evidence-based" means a strategy that has demonstrated a statistically significant effect on improving student outcomes.

(6) "Parental notification requirements" means notice by any reasonable means, including electronic notice, notice by telephone, written notice, or personal notice.

(7) "Plan" means the Early Learning plan described in Section 53G-7-218.

(8) "Procedural fluency" means the meaningful, flexible, accurate, and efficient use of procedures to solve problems.

(9) "Productive disposition" means the attitude of a student who sees mathematics as useful and worthwhile while exercising a steady effort to learn mathematics.

(10) "Reading on Grade Level" or "ROGL" means a third grade student is scoring above benchmark and meets or exceeds 405 on the end of year benchmark reading assessment to achieve the strenuous statewide goal of 70% third grade-level proficiency as required by Section 53E-3-1001.

(11) "Scoring above benchmark" means that a student will likely need effective core instruction to meet subsequent learning goals and may benefit from instruction on more advanced skills.

(12) "Scoring below or well below benchmark" means that a student:

(a) performs below or well below the benchmark score on the benchmark reading or benchmark mathematics assessment; and

(b) requires additional instruction beyond that provided to typically-developing peers to close the gap between the student's current level of achievement and that expected of all students in that grade.

(13) "Remediation interventions" means reading or mathematics instruction or activities, or both, given to students in addition to their regular instruction, during another time in the school day, outside regular instructional time, or in the summer, which is focused on specific needs as identified by reliable and valid assessments.

(14) "Strategic and adaptive mathematical thinking" means the ability to formulate, represent, and solve mathematical problems with the capacity to justify the logic used to arrive at the solution.

(15) "Utah eTranscript and Record Exchange" or "UTREx" means the same as that term is defined in Section R277- 404-2.

History

KEY: reading, improvement, goals
Date of Last Change: August 7, 2025
Notice of Continuation: January 13, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-521; 53E-4-307; 53E-4-307.5; 53G- 7-203

Utah Admin. Code R277-406-3 Incorporation by Reference of Science of Reading Resources

(1) This rule incorporates by reference the Science of Reading Elementary English Language Arts Curriculum Checklist , as of June 2025; and

(2) A copy of this document is located at:

(a) https://www.schools.utah.gov/administrativerules/documentsincorporated; and

(b) the offices of the Utah State Board of Education.

History

KEY: reading, improvement, goals
Date of Last Change: August 7, 2025
Notice of Continuation: January 13, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-521; 53E-4-307; 53E-4-307.5; 53G- 7-203

Utah Admin. Code R277-406-4 Benchmark Reading and Mathematics Assessments

(1) Subject to legislative appropriations, and except as provided in Subsection (2), an LEA shall administer the benchmark reading and mathematics assessments:

(a) annually:

(i) in grade 1, grade 2, and grade 3; and

(ii) beginning with the 2024-25 school year, in kindergarten; and

(b) within the following testing windows:

(i) the first benchmark between the first day of school and September 30;

(ii) the second benchmark between December 1 and January 31; and

(iii) the third benchmark between April 15 and June 15.

(2) An LEA shall annually report benchmark reading and mathematics assessment results to the Superintendent by:

(a) October 30;

(b) February 28; and

(3) If the benchmark reading or mathematics assessment indicates a student is scoring below or well below benchmark:

(a) for reading, the LEA shall implement the parental notification requirements and evidence-based reading remediation interventions described in Section 53E-4-307;

(b) for mathematics, the LEA shall implement parental notification requirements similar to those described for reading in Subsection (4)(a) and evidence-based mathematics remediation interventions.

(4) An LEA shall report benchmark reading and mathematics assessment results annually to parents of students in grade 1, grade 2, and grade 3 by:

(a) October 30;

(b) February 28; and

(5) An LEA shall report benchmark reading and mathematics assessment results annually to parents of students in kindergarten by the deadlines described in Subsection (4).

(6) An LEA shall annually submit to UTREx the following information from the benchmark reading and mathematics assessment:

(a) whether or not each student received remediation intervention; and

(b) UTREx Special Codes related to the benchmark reading and mathematics assessment.

History

KEY: reading, improvement, goals
Date of Last Change: August 7, 2025
Notice of Continuation: January 13, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-521; 53E-4-307; 53E-4-307.5; 53G- 7-203

Utah Admin. Code R277-406-5 Early Learning Plans -- LEA and Superintendent Requirements - Timelines

(1) An LEA shall submit a plan in accordance with Section 53G-7-218 that contains:

(a) the components of early mathematics as defined in Section 53E-3-521;

(b) an assurance that:

(i) the LEA has adopted high quality instructional materials and intervention programs aligned with the effective research regarding the science of reading; and

(ii) the LEA's reading strategies meet the criteria outlined in Section 53G-11-303;

(d) other required materials within established deadlines.

(2) An LEA shall submit its plan to the Superintendent before August 1 for approval.

(3)(a) An LEA shall present the plan in an open and public meeting of the LEA's governing board.

(b) The LEA shall also report on the outcomes of the previous year's plan during the same meeting or a subsequent open and public meeting.

(4) Within three weeks of an LEA submitting a plan to the Superintendent, the Superintendent shall notify the LEA if the plan was approved or if modifications to the plan are required.

(5) If the Superintendent does not approve an LEA's plan, the LEA may, by September 15:

(a) incorporate needed changes or provisions; and

(b) resubmit the amended plan in accordance with Subsection (2)(a) of this part.

(6) If an LEA timely resubmits a plan that includes the required modifications, the Superintendent shall approve the plan by October 1.

(7) When reviewing an LEA plan for approval, the Superintendent shall evaluate the extent to which the LEA's goals within the plan are ambitious, yet attainable.

History

KEY: reading, improvement, goals
Date of Last Change: August 7, 2025
Notice of Continuation: January 13, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-521; 53E-4-307; 53E-4-307.5; 53G- 7-203

Utah Admin. Code R277-406-6 Accountability and Reporting on Early Learning Plans

(1) An LEA shall annually report progress toward the goals outlined in the LEA's plan to the Superintendent by June 30.

(2) In accordance with Section 53G-7-218, a growth goal in an LEA's plan:

(a) is calculated using the percentage of students in an LEA's grades 1 through 3 who made typical, above typical, or well-above typical progress from the beginning of the year to the end of the year, as measured by the benchmark mathematics assessment; and

(b) sets the mathematics target percentage of students in grades 1 through 3 making typical or better progress at a minimum of 60%.

(3) The Superintendent shall use the information provided by an LEA described in Section R277-406-5 to determine the progress of each student in grades 1 through 3 within the following categories:

(i) well-above typical;

(ii) above typical;

(iii) typical;

(iv) below typical; or

(v) well below typical.

(4) The Superintendent shall report the percentage of students reading on grade level in Grade 3 annually.

(5) If an LEA does not make sufficient progress toward its goals as defined in Subsection (6), the Superintendent shall assign the LEA to the Early Learning System of Support to participate in interventions to improve early mathematics.

(6) Except as provided in Subsection (7), consistent with Section 53G-7-218, sufficient progress toward plan goals means the LEA meets:

(a) the state's growth goals for math; and

(b) at least one of the LEA-designated goals addressing performance gaps.

(7) In accordance with Subsection 53-G-7-218(3) the Superintendent shall implement strategies to provide support to LEA's assigned to the Early Learning System of Support, designed to assist the LEA in meeting the early learning plan goals as outlined in Section 53-G-7-218.

History

KEY: reading, improvement, goals
Date of Last Change: August 7, 2025
Notice of Continuation: January 13, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-521; 53E-4-307; 53E-4-307.5; 53G- 7-203

Utah Admin. Code R277-406-7 Kindergarten Enrollment Reporting

(1) An LEA shall submit student membership information daily to the Superintendent using the appropriate kindergarten code through UTREx.

(2) The Superintendent shall review October 1 and June 15 kindergarten membership information annually to inform LEA funding allocations.

History

KEY: reading, improvement, goals
Date of Last Change: August 7, 2025
Notice of Continuation: January 13, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-521; 53E-4-307; 53E-4-307.5; 53G- 7-203

R277-407 School Fees

Utah Admin. Code R277-407-1 Authority and Purpose

(1) This rule is authorized under:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

(b) Utah Constitution Article X, Section 2, which provides that:

(i) public elementary schools shall be free; and

(ii) secondary schools shall be free, unless the Legislature authorizes the imposition of fees;

(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;

(d) Subsection 53G-7-503(4), which requires the Board to adopt rules regarding student fees; and

(e) Section 53G-7-504 which authorizes waiver of fees for eligible students with appropriate documentation.

(2) The purpose of this rule is to:

(a) permit the orderly establishment of a system of reasonable fees;

(b) provide adequate notice to students and families of fees and fee waiver requirements; and

(i) exclude those unable to pay from participation in school-sponsored activities; or

(ii) create a burden on a student or family as to have a detrimental impact on participation.

History

KEY: education, school fees, policies, training
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 2; Art X Sec 3; 53E-3-401(4); 53G-7-503

Utah Admin. Code R277-407-2 Definitions

(1) "Common education expense" means the same as that term is defined in Section 53G-7-501.

(2) "Course" means the same as that term is defined in Section 53G-7-501.

(3) "Discretionary Project" means the same as that term is defined in Section 53G-7-501.

(4) "Extracurricular activity" means the same as that term is defined in Section 53G-7-501.

(5) "Fee" means the same as that term is defined in Section 53G-7-501.

(6) "Fee course" means the same as that term is defined in Section 53G-7-501.

(7) "Fundraiser," "fundraising," or "fundraising activity" means the same as that term is defined in Rule R277-408.

(8) "Individual fundraiser" or "individual fundraising" means the same as that term is defined in Rule R277-408.

(9) "Instructional equipment" means the same as that term is defined in Section 53G-7-501.

(10) "Instructional supply" means the same as that term is defined in Section 53G-7-501.

(11) "LEA" includes, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

(12) "Noncurricular club" has the same meaning as that term is defined in Section 53G-7-701.

(13) "Non-fee course" means the same as that term is defined in Section 53G-7-501.

(14) "Non-waivable charge" means a cost, payment, or expenditure that:

(a) is a personal discretionary charge or purchase, including:

(i) a charge for insurance, unless the insurance is required for a student to participate in an activity, class, or program;

(ii) a charge for college credit:

(A) from an institution of higher education; or

(B) post-secondary related courses; or

(iii) except when requested or required by an LEA, a charge for a personal consumable item such as a yearbook, class ring, letterman jacket or sweater, or other similar item;

(b) is subject to sales tax as described in Utah State Tax Commission Publication 35, Sales Tax Information for Public and Private Elementary and Secondary Schools; or

(i) a school uniform as provided in Section 53G-7-801;

(ii) a school lunch; or

(iii) a charge for a replacement for damaged or lost school equipment or supplies.

(15)(a) "Personal student supplies" means items which are the personal property of a student which, although used in the instructional process, are also commonly purchased and used by persons not enrolled in the class or activity in question and have a high probability of regular use in other than school-sponsored activities.

(b) "Personal student supplies" include:

(i) pencils;

(ii) paper;

(iii) notebooks;

(iv) crayons;

(v) scissors;

(vi) basic clothing for healthy lifestyle classes; and

(vii) similar personal or consumable items over which a student retains ownership.

(c) "Personal student supplies" does not include items listed in Subsection (1) if the requirement from the school for the student supply includes specific requirements such as brand, color, or a special imprint to create a uniform appearance not related to basic function.

(16)(a) "Provided, sponsored, or supported by a school" means an activity, class, program, club, camp, clinic, or other event that:

(i) is authorized by an LEA or school, according to local education board policy; or

(ii) satisfies at least one of the following conditions:

(A) the activity, class, program, club, camp, clinic, or other event is managed or supervised by an LEA or school, or an LEA or school employee in the employee's school employment capacity;

(B) the activity, class, program, club, camp, clinic, or other event uses, more than inconsequentially, the LEA or school's facilities, equipment, or other school resources; or

(C) the activity, class, program, club, camp, clinic, or other event is supported or subsidized, more than inconsequentially, by public funds, including the school's activity funds or minimum school program dollars.

(b) "Provided, sponsored, or supported by a school" does not include an activity, class, or program that meets the criteria of a noncurricular club as described in Title 53G, Chapter 7, Part 7, Student Clubs.

(17)(a) "Provision in lieu of fee" means an alternative to fee payment.

(b) "Provision in lieu of fee" may include a plan under which fees are paid in installments or under some other delayed payment arrangement or a service in lieu of fee payment agreement.

(18) "Regular school day" has the same meaning as the term "school day" described in Section R277-419-2.

(19) "Requested or required by an LEA as a condition to a student's participation" means something of monetary value that is impliedly or explicitly mandated or necessary for a student, parent, or family to provide so that a student may:

(a) fully participate in school or in a school activity, class, or program;

(b) successfully complete a school class for the highest grade; or

(c) avoid a direct or indirect limitation on full participation in a school activity, class, or program, including limitations created by:

(i) peer pressure, shaming, stigmatizing, bullying, or the like; or

(ii) withholding or curtailing any privilege that is otherwise provided to any other student.

(20) "Scholarship expense" means the same as that term is defined in Section 53F-6-401.

(21) "Scholarship student" means the same as that term is defined in Section 53F-6-401.

(22) "School activity clothing" means the same as that term is defined in Section 53G-7-501.

(23)(a) "School equipment" means the same as that term is defined in Section 53G-7-501.

(b) "School equipment" includes a saw or 3D printer.

(24)(a) "Something of monetary value" means a charge, expense, deposit, rental, fine, or payment, regardless of how the payment is termed, described, requested or required directly or indirectly, in the form of money, goods or services.

(b) "Something of monetary value" includes:

(i) charges or expenditures for a school field trip or activity trip, including related transportation, food, lodging, and admission charges;

(ii) payments made to a third party that provide a part of a school activity, class, or program;

(iii) classroom supplies or materials; and

(iv) a fine, except for a student fine specifically approved by an LEA for:

(A) failing to return school property;

(B) losing, wasting, or damaging private or school property through intentional, careless, or irresponsible behavior; or

(c) "Something of monetary value" does not include a payment or charge for damages, which may reasonably be attributed to normal wear and tear.

(25) "Supplemental Nutrition Assistance Program" or "SNAP" means a program, formerly known as food stamps, which provides nutrition benefits to supplement the food budget of low income families through the Utah Department of Workforce Services.

(26) "Supplemental Security Income for children with disabilities" or "SSI" means a benefit administered through the Social Security Administration that provides payments for qualified children with disabilities in low income families.

(27) "Temporary Assistance for Needy Families" or "TANF," means a program, formerly known as AFDC, which provides monthly cash assistance and food stamps to low income families with children under age 18 through the Utah Department of Workforce Services.

(28) "Textbook" means the same as that term is defined in Section 53G-7-501.

(29)(a) "Trip" means a school-sponsored travel activity of two or more nights that requires a student to pay a fee for participation in the activity.

(30)(b) "Trip" does not include a travel activity of two or more nights related to an in-state activity sponsored by an association as that term is defined in Section 53G-7-801.

(31) "Waiver" means the same as that term is defined in Section 53G-7-501.

History

KEY: education, school fees, policies, training
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 2; Art X Sec 3; 53E-3-401(4); 53G-7-503

Utah Admin. Code R277-407-3 Classes and Activities During the Regular School Day

(1) An LEA may not charge a fee in kindergarten through grade six for:

(a) materials;

(b) textbooks;

(d) any class or regular school day activity, including assemblies and field trips.

(2)(a) An LEA may charge a fee related to an activity, class, or program provided, sponsored, or supported by a school for a student in a secondary school that takes place during the regular school day if:

(i) the fee is allowed to be charged under Title 53G, Chapter 7, Student Fees; and

(ii) the fee is noticed and approved as provided in this rule.

(b) All fees are subject to the fee waiver requirements of Section R277-407-8.

(3)(a) Notwithstanding, Subsection (1) and except as provided in Subsection (3)(b), a school may charge a fee to a student in grade six if the student attends a school that includes any of grades seven through twelve.

(b) A school that provides instruction to students in grades other than grades six through twelve may not charge fees for grade six unless the school follows a secondary model of delivering instruction to the school's grade six students.

(c) If a school charges fees in accordance with Subsection (3)(a), the school shall annually provide notice to parents that the school will collect fees from grade six students and that the fees are subject to waiver.

(4) If a class is established or approved, which requires payment of fees or purchase of items in order for students to participate fully and to have the opportunity to acquire skills and knowledge required for full credit and highest grades, the fees or costs for the class shall be subject to the fee waiver requirements of Section R277-407-8.

(5)(a) In project related courses, projects required for course completion shall be included in the course fee.

(b) A school may require a student at any grade level to provide materials or pay for an additional discretionary project if the student chooses a project in lieu of, or in addition to a required classroom project.

(c) A school shall avoid allowing high cost additional projects, particularly if authorization of an additional discretionary project results in pressure on a student by teachers or peers to also complete a similar high cost project.

(d) A school may not require a student to select an additional project as a condition to enrolling, completing, or receiving the highest possible grade for a course.

(6) An elementary school or elementary school teacher may provide to a student's parent or guardian, a suggested list of student supplies for use during the regular school day so that a parent or guardian may furnish, on a voluntary basis, student supplies for student use, provided that, in accordance with Section 53G-7-503, the following notice is provided with the list:

"NOTICE: THE ITEMS ON THIS LIST WILL BE USED DURING THE REGULAR SCHOOL DAY. THEY MAY BE BROUGHT FROM HOME ON A VOLUNTARY BASIS, OTHERWISE, THEY WILL BE FURNISHED BY THE SCHOOL."

(7) A school may require a secondary student to provide student supplies, subject to the requirements of Section 53G- 7-503 and Section R277-407-8.

(8)(a) A school may require a secondary student to provide school activity clothing.

(b) School activity clothing is considered a fee and is subject to fee waiver.

(9) As provided in Subsection 53G-7-802(4), an LEA's school uniform policy, including a requirement for a student to wear a school uniform, is not considered a fee for either an elementary or a secondary school if the LEA's school uniform policy is consistent with the requirements of Title 53G, Chapter 7, Part 8, School Uniforms.

History

KEY: education, school fees, policies, training
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 2; Art X Sec 3; 53E-3-401(4); 53G-7-503

Utah Admin. Code R277-407-4 School Activities Outside of the Regular School Day

(1) A school may charge a fee, subject to the requirements of Section R277-407-8, related to any school-sponsored activity, that does not take place during the regular school day, regardless of the age or grade level of the student, if participation in the activity is voluntary and does not affect a student's grade or ability to participate fully in any course taught during the regular school day.

(2) A fee related to a fee course may not exceed the maximum fee amounts for the fee course adopted by the LEA governing board as described in Subsection R277-407-6(2).

(3) A school may only collect a fee for an activity, class, or program provided, sponsored, or supported by a school consistent with LEA policies and state law.

(4) An LEA that provides, sponsors, or supports an activity, class, or program outside of the regular school day or school calendar is subject to the requirements of this rule regardless of the time or season of the activity, class, or program.

History

KEY: education, school fees, policies, training
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 2; Art X Sec 3; 53E-3-401(4); 53G-7-503

Utah Admin. Code R277-407-5 Fee Waivable Activities, Classes, or Programs Provided, Sponsored, or Supported by a School

Fees for the following are waivable:

(1) an activity, class, or program that is:

(a) primarily intended to serve school-age children, including a student participating in an activity, class, or program through dual enrollment as described in Rule R277-438 or as described in Rule R277-494; and

(b) taught or administered, more than inconsequentially, by a school employee as part of the employee's assignment;

(2) an activity, class, or program that is explicitly or implicitly required:

(a) as a condition to receive a higher grade, or for successful completion of a school class or to receive credit, including a requirement for a student to attend a concert or museum as part of a music or art class for extra credit; or

(b) as a condition to participate in a school activity, class, program, or team, including, a requirement for a student to participate in a summer camp or clinic for students who seek to participate on a school team, such as cheerleading, football, soccer, dance, or another team;

(3) an activity or program that is promoted by a school employee, such as a coach, advisor, teacher, school-recognized volunteer, or similar person, during school hours where it could be reasonably understood that the school employee is acting in the employee's official capacity;

(4) an activity or program where full participation in the activity or program includes:

(a) travel for state or national educational experiences or competitions;

(b) debate camps or competitions; or

(5) the cost to access software, digital content, or other instructional materials required as part of an activity, course, or program.

History

KEY: education, school fees, policies, training
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 2; Art X Sec 3; 53E-3-401(4); 53G-7-503

Utah Admin. Code R277-407-6 LEA Requirements to Establish a Fee Schedule -- Maximum Fee Amounts -- Notice to Parents

(1) An LEA, school, school official, or employee may not charge or assess a fee or request or require something of monetary value related to an activity, class, or program provided, sponsored, or supported by, and including for a fee course, unless the fee:

(a) has been set and approved by the LEA's governing board;

(b) is equal to or less than the maximum fee amount established by the LEA governing board as described in Subsection (4); and

(2)(a) If an LEA charges a fee, on or before June 1 and in consultation with stakeholders, the LEA governing board shall annually adopt a fee schedule and fee policies for the LEA in a regularly scheduled public meeting.

(b) Before approving the LEA's fee schedule described in this section, an LEA shall provide an opportunity for the public to comment on the proposed fee schedule during a minimum of two public LEA governing board meetings.

(i) provide public notice of the meetings described in Subsections (2)(a) and (b) in accordance with Title 52, Chapter 4, Open and Public Meetings Act; and

(ii) encourage public participation in the development of fee schedules and waiver policies.

(d) In addition to the notice requirements of Subsection (2)(c), an LEA shall provide notice to parents and students of the meetings described in Subsections (2)(a) and (b) using the same form of communication regularly used by the LEA to communicate with parents, including notice by email, text, flyer, or phone call.

(e) An LEA shall keep minutes of meetings during which fee and waiver policies are developed or adopted, together with copies of approved policies, in accordance with Section 52-4-203.

(3) After the fee schedule described in Subsection (2)(a) is adopted, an LEA may amend the LEA's fee schedule if the LEA follows the process described in Subsection (2) before approving the amended fee schedule.

(4)(a) As part of an LEA's fee setting process, an LEA shall establish:

(i) a maximum fee amount per student for each activity; and

(ii) a maximum total aggregate fee amount per student per school year.

(b) An LEA may establish a reasonable number of activities, courses, or programs that will be covered by the annual maximum fee amount described in Subsection (4)(a).

(5) As part of an LEA's fee setting process described in this section, the LEA may review and consider the following per school:

(a) the school's cost to provide the activity, class, or program;

(b) the school's student enrollment;

(i) within the school's boundary; or

(ii) enrolled in the school;

(d) the number and monetary amount of fee waivers, designated by individual fee, annually granted within the prior three years;

(e) the historical participation and school interest in certain activities;

(f) the prior year fee schedule;

(g) the amount of revenue collected from each fee in the prior year;

(h) fundraising capacity;

(i) prior year community donors; and

(j) other resources available, including through donations and fundraising.

(6)(a) If an LEA charges a fee, the LEA shall:

(i) annually publish the following on each of the LEA's schools' publicly available websites:

(A) the LEA's fee waiver policies and fee schedule, including the fee maximums described in Subsection (4);

(B) the LEA's fee waiver application;

(D) the LEA's school fee notice for families;

(ii) annually include a copy of the LEA's fee schedule and fee waiver policies with the LEA's registration materials;

(iii) beginning in the 2026-2027 school year, clearly identify any fee for each activity, course, or program alongside the description of the activity, course, or program in the LEA's registration materials; and

(iv) provide a copy of the LEA's fee schedule and fee waiver policies to a student's parent who enrolls a student after the initial enrollment period.

(b) If an LEA's student or parent population in a single written language other than English exceeds 20%, the LEA shall also publish the LEA's fee schedule and fee waiver policies in the language of those families.

(c) An LEA representative shall meet personally with each student's parent or family and make available an interpreter for the parent to understand the LEA's fee waiver schedules and policies if:

(i) the student or parent's first language is a language other than English; and

(ii) the LEA has not published the LEA's fee schedule and fee waiver policies in the parent's first language.

(7)(a) An LEA policy shall include easily understandable procedures for obtaining a fee waiver and for appealing an LEA's denial of a fee waiver, as soon as possible before the fee becomes due.

(b) If an LEA denies a student or parent request for a fee waiver, the LEA shall provide the student or parent:

(i) the LEA's decision to deny a waiver; and

(ii) the procedure for the appeal in the form approved by the Board.

(8)(a) A school may not deny a present or former student receipt of transcripts or a diploma, nor may a school refuse to issue a grade for a course for failure to pay school fees.

(b) A school may impose a reasonable charge to cover the cost of duplicating, mailing, or transmitting transcripts and other school records.

(c) A school may not charge for duplicating, mailing, or transmitting copies of school records to an elementary or secondary school in which a former student is enrolled or intends to enroll.

(9) To preserve equal opportunity for all students and to limit diversion of money and school and staff resources from the basic school program, each LEA's fee policies shall be designed to limit student expenditures for school-sponsored activities, including expenditures for activities, uniforms, clubs, clinics, travel, and subject area and vocational leadership organizations, whether local, state, or national.

(10)(a) Beginning with the 2026-2027 school year, each LEA shall ensure that each school that awards credit toward graduation provides at least one option for each graduation requirement that:

(i) fulfills the graduation requirement; and

(ii) does not require the payment or waiver of any fee.

(b) Notwithstanding Subsection (10)(a), a charter school that only offers one of the following for a given graduation requirement is not required to provide an option that does not require the payment or waiver of any fee:

(i) an Advanced Placement course;

(ii) an International Baccalaureate course; or

(iii) a concurrent enrollment course, as described in Section 53E-10-302.

(i) a specific activity, course, or program; or

(ii) the student's preferred activity, course, or program.

History

KEY: education, school fees, policies, training
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 2; Art X Sec 3; 53E-3-401(4); 53G-7-503

Utah Admin. Code R277-407-7 Fee Structure for Scholarship Student Expenses

(1) An LEA that offers classes, programs, or services to scholarship students that include expenses beyond tuition shall establish a transparent and fair fee structure for those expenses.

(2) An LEA may establish the fee structure required under this Subsection (1) without adhering to the requirements of Sections R277-407-1 through R277-407-6.

(3) The fee schedule required under this Subsection (7) shall:

(a) be based on actual costs of providing the services or items covered by the scholarship;

(b) ensure all tuition, fees, and refund policies for scholarship students are identical to those applied to regularly enrolled students;

(d) explain the basis for each fee; and

(e) be updated annually.

History

KEY: education, school fees, policies, training
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 2; Art X Sec 3; 53E-3-401(4); 53G-7-503

Utah Admin. Code R277-407-8 Donations in Lieu of Fees

(1)(a) A school may not request or accept a donation in lieu of a fee from a student or parent unless the activity, class, or program for which the donation is solicited will otherwise be fully funded by the LEA and receipt of the donation will not affect participation by an individual student.

(b) A donation is a fee if a student or parent is required to make the donation as a condition to the student's participation in an activity, class, or program.

(c) An LEA may solicit and accept a donation or contribution in accordance with the LEA's policies, but such requests must clearly state that donations and contributions by a student or parent are voluntary.

(2) If an LEA solicits donations, the LEA:

(a) shall solicit and handle donations in accordance with policies established by the LEA; and

(b) may not place any undue burden on a student or family in relation to a donation.

(3) An LEA may raise money to offset the cost to the LEA attributed to fee waivers granted to students through the LEA's foundation.

(4) An LEA shall direct donations provided to the LEA through the LEA's foundation in accordance with the LEA's policies governing the foundation.

(5) If an LEA accepts a donation, the LEA shall prevent potential inequities in schools within the LEA when distributing the donation.

History

KEY: education, school fees, policies, training
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 2; Art X Sec 3; 53E-3-401(4); 53G-7-503

Utah Admin. Code R277-407-9 Fee Waivers

(1)(a) All fees are subject to waiver.

(b) Fees charged for an activity, class, or program held outside of the regular school day, during the summer, or outside of an LEA's regular school year are subject to waiver.

(2)(a) Except as provided in Subsection (2)(b), an LEA may not use revenue collected through fees to offset the cost of fee waivers by requiring students and families who do not qualify for fee waivers to pay an increased fee amount to cover the costs of students and families who qualify for fee waivers.

(b) An LEA may notify students and families that the students and families may voluntarily pay an increased fee amount or provide a donation to cover the costs of other students and families.

(3) An LEA shall provide, as part of any fee policy or schedule, for adequate waivers or other provisions in lieu of a fee to ensure that no student is denied the opportunity to participate in a class or school-sponsored or supported activity because of an inability to pay a fee.

(4) An LEA shall designate at least one person at an appropriate administrative level in each school to review and grant fee waiver requests.

(5) An LEA shall administer the process for obtaining a fee waiver or pursuing an alternative fairly, objectively, without delay, and in a manner that avoids stigma, embarrassment, undue attention, and unreasonable burdens on students and parents.

(6) An LEA may not treat a student receiving a fee waiver or provision in lieu of a fee waiver differently from other students.

(7) A school may not identify a student on fee waiver to students, staff members, or other persons who do not need to know.

(8)(a) An LEA shall ensure that a fee waiver or other provision in lieu of a fee payment is available to any student whose parent cannot pay a fee.

(b) A school or LEA administrator shall verify fee waivers consistent with this rule.

(9) An LEA shall adopt a fee waiver policy for review and appeal of fee waiver requests which:

(a) provides parents the opportunity to review proposed alternatives to fee waivers;

(b) establishes a timely appeal process, which shall include the opportunity to appeal to the LEA or its designee; and

(c) suspends any requirement that a given student pay a fee during any period for which the student's eligibility for waiver is under consideration or during which an appeal of denial of a fee waiver is in process.

(10) An LEA may pursue reasonable methods for collecting student fees, but may not, as a result of unpaid fees:

(a) exclude a student from a school, an activity, class, or program that is provided, sponsored, or supported by a school during the regular school day;

(b) refuse to issue a course grade; or

(c) withhold official student records, including written or electronic grade reports, class schedules, diplomas or transcripts.

(11)(a) A school may withhold student records in accordance with Subsection 53G-8-212(2)(a).

(b) Notwithstanding Subsection (13)(a), a school may not withhold any records required for student enrollment or placement in a subsequent school.

(12) A school is not required to waive a non-waivable charge.

(13) LEA fee waiver policies shall comply with Section 53G-7-504.

History

KEY: education, school fees, policies, training
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 2; Art X Sec 3; 53E-3-401(4); 53G-7-503

Utah Admin. Code R277-407-10 Service In Lieu of Fees -- Provisions In Lieu of Fees -- Voluntary Requests for Installment Plans

(1) Subject to the requirements of Subsection (2), an LEA may allow a student to perform service in lieu of a fee, but service in lieu of a fee may not be required.

(2) An LEA may allow a student to perform service in lieu of a fee if the LEA establishes a policy as described in Subsection R277-407-14(2).

(3)(a) A student who performs service may not be treated differently than other students who pay a fee.

(b) The service may not create an unreasonable burden for a student or parent and may not be of such a nature as to demean or stigmatize the student.

(4) An LEA shall transfer a student's service credit to:

(a) another school within the LEA; or

(b) another LEA upon request of the student.

(5)(a) An LEA may make an installment payment plan available to a parent or student to pay for a fee.

(b) An installment payment plan described in Subsection (5)(a) may not be required in lieu of a fee waiver.

(6) An LEA may provide optional individual fundraising opportunities for students to raise money to offset the cost of the student's fees as provided in Rule R277-408.

History

KEY: education, school fees, policies, training
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 2; Art X Sec 3; 53E-3-401(4); 53G-7-503

Utah Admin. Code R277-407-11 Fee Waiver Eligibility

(1) A student is eligible for fee waiver if an LEA receives verification that:

(a) in accordance with Subsection 53G-7-504(4), based on the family income levels established by the Superintendent as described in Subsection (2);

(b) the student to whom the fee applies receives SSI;

(d) the student is in foster care through the Division of Child and Family Services;

(e) the student is in state care; or

(f) the student qualifies for McKinney-Vento Homeless Assistance Act assistance.

(2) The Superintendent shall annually establish income levels for fee waiver eligibility and publish the income levels on the Board's website.

(3) In lieu of income verification, an LEA may require alternative verification under the following circumstances:

(a) If a student's family receives TANF or SNAP, an LEA may require the student's family to provide to the LEA an electronic copy or screenshot of the student's family's eligibility determination or eligibility status covering the period for which a fee waiver is sought from the Utah Department of Workforce Services;

(b) If a student receives SSI, an LEA may require a benefit verification letter from the Social Security Administration;

(c) If a student is in state care or foster care, an LEA may rely on the youth in care required intake form and school enrollment letter or both provided by a case worker from the Utah Division of Child and Family Services or the Utah Juvenile Justice Department; or

(d) If a student qualifies for McKenny-Vento, verification is obtained through the LEAs McKinney-Vento liaison.

(4)(a) An LEA may not subject a family to unreasonable demands for re-qualification.

(b) A school may grant a fee waiver to a student, on a case-by-case basis, who does not qualify for a fee waiver under Subsection (1), but who, because of extenuating circumstances is not reasonably capable of paying the fee.

(5) An LEA may charge a proportional share of a fee or reduced fee if circumstances change for a student or family so that fee waiver eligibility no longer exists.

(6) An LEA may retroactively waive fees if eligibility can be determined to exist before the date of the fee waiver application.

History

KEY: education, school fees, policies, training
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 2; Art X Sec 3; 53E-3-401(4); 53G-7-503

Utah Admin. Code R277-407-12 Fees for Textbooks

(1) An LEA may not charge a fee for a textbook as provided in Section 53G-7-506, except for a textbook used for a concurrent enrollment, International Baccalaureate, or Advanced Placement course as described in Subsection (2).

(2)(a) An LEA may charge a fee for a textbook used for a concurrent enrollment, International Baccalaureate, or Advanced Placement course.

(b) A fee for a textbook used for a concurrent enrollment, International Baccalaureate, or Advanced Placement course is fee waivable as described in Section R277-407-9.

History

KEY: education, school fees, policies, training
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 2; Art X Sec 3; 53E-3-401(4); 53G-7-503

Utah Admin. Code R277-407-13 Budgeting and Spending Revenue Collected Through Fees -- Fee Revenue Sharing Requirements

(1) An LEA shall follow the general accounting standards described in Rule R277-113 for treatment of fee revenue.

(2) An LEA shall establish a spend plan for the revenue collected from each fee charged.

(3)(a) A spend plan described in Subsection (2)(a) provides students, parents, and employees transparency by identifying a fee's funding uses.

(b) An LEA or school's spend plan shall identify the needs of the activity, course, or program for the fee being charged and shall include a list or description of anticipated types of expenditures, for the current fiscal year or as carryover for use in a future fiscal year, funded by the fee charged.

(4)(a) An LEA that has multiple schools shall establish a procedure to identify and address potential inequities due to the impact of the number of students who receive fee waivers within each of the LEA's schools.

(b) For an LEA with multiple schools, the LEA shall distribute the impact of fee waivers across the LEA so that no school carries a disproportionate share of the LEA's total fee waiver burden.

History

KEY: education, school fees, policies, training
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 2; Art X Sec 3; 53E-3-401(4); 53G-7-503

Utah Admin. Code R277-407-14 Fee Waiver Reporting Requirements

(1) An LEA shall collect the following information, which may be requested by the Superintendent as part of the Superintendent's monitoring of the LEA's school fees practices:

(a) a summary of:

(i) the number of students in the LEA given fee waivers;

(ii) the number of students who worked in lieu of a waiver;

(iii) the number of students denied fee waivers; and

(iv) the total dollar value of student fees waived by the LEA; and

(b) the total dollar amount of all fees charged to students within all schools within the LEA.

(2) An LEA shall submit school fee revenue information in the Utah Public Education Financial System as provided in Rule R277-113.

History

KEY: education, school fees, policies, training
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 2; Art X Sec 3; 53E-3-401(4); 53G-7-503

Utah Admin. Code R277-407-15 LEA Required Policies -- Superintendent and LEA Policy and Training Requirements

(1) An LEA that charges fees shall adopt policies that include at least the following:

(a) a process for obtaining waivers or pursuing alternatives that is administered fairly, objectively, and without delay, and avoids stigma and unreasonable burdens on students and families;

(b) a process with no visible indicators that could lead to identification of fee waiver applicants;

(c) a process that complies with the privacy requirements of The Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g (FERPA);

(d) a student may not collect fees or assist in the fee waiver approval process;

(e) a standard written decision and appeal form is provided to every applicant; and

(f) during an appeal the requirement that the fee be paid is suspended.

(2) An LEA may allow a student to perform service in lieu of a fee as described in Section R277-407-10 if:

(a) the LEA establishes a service policy that ensures that a service assignment is appropriate to the:

(i) age of the student;

(ii) physical condition of the student; and

(iii) maturity of the student;

(b) the LEA's service policy is consistent with state and federal laws, including:

(i) Section 53G-7-504; and

(ii) the Federal Fair Labor Standards Act, 29 U.S.C. 201;

(d) the service is at least equal to the minimum wage for each hour of service.

(3) The Superintendent shall provide ongoing training, informational materials, and model policies, as available, for use by LEAs.

(4) The Superintendent shall provide online training and resources for LEAs regarding:

(a) an LEA's fee approval process;

(b) LEA notification requirements;

(d) fee waiver eligibility requirements, including requirements to maintain student and family confidentiality.

(5) An LEA governing board shall annually review the LEA's policies on school fees and fee waivers.

(6) An LEA shall develop a plan for, at a minimum, annual training of LEA and school employees on fee related policies enacted by the LEA specific to each employee's job function.

History

KEY: education, school fees, policies, training
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 2; Art X Sec 3; 53E-3-401(4); 53G-7-503

Utah Admin. Code R277-407-16 Enforcement

(1) The Superintendent shall monitor LEA compliance with this rule.

(2) If an LEA fails to comply with the terms of this rule or request of the Superintendent, the Superintendent shall send the LEA a first written notice of non-compliance, which shall include a proposed corrective action plan.

(3) Within 45 days of the LEA's receipt of a notice of non-compliance, the LEA shall:

(a) respond to the allegations of non-compliance described in Subsection (2); and

(b) work with the Superintendent on the Superintendent's proposed corrective action plan to remedy the LEA's non- compliance.

(4)(a) Within 15 days after receipt of a proposed corrective action plan described in Subsection (3)(b), an LEA may request an informal hearing with the Superintendent to respond to allegations of non-compliance or to address the appropriateness of the proposed corrective action plan.

(b) The form of an informal hearing described in Subsection (4)(a) shall be as directed by the Superintendent.

(5) The Superintendent shall send an LEA a second written notice of non-compliance and request for the LEA to appear before a Board standing committee if:

(a) the LEA fails to respond to the first notice of non-compliance within 60 days; or

(b) the LEA fails to comply with a corrective action plan described in Subsection (3)(b) within the time period established in the LEA's corrective action plan.

(6) If an LEA receives a second written notice of non-compliance, the LEA may:

(a)(i) respond to the notice of non-compliance described in Subsection (5); and

(ii) work with the Superintendent on a corrective action plan within 30 days of receiving the second written notice of non-compliance; or

(b) within 15 days after receipt of the second notice seek an appeal before a Board standing committee.

(7) If an LEA that fails to respond to a first notice of non-compliance, and fails to respond to a second notice of non- compliance, nor seeks an appeal as described in Subsection (6)(b), the Superintendent shall impose one of the financial consequences described in Subsection (10).

(8)(a) Before imposing a financial consequence described in Subsection (10), the Superintendent shall provide an LEA 30 days' notice of any proposed action.

(b) The LEA may, within 15 days after receipt of a notice described in Subsection (8)(a), request an appeal before a Board standing committee.

(9) If the LEA does not request an appeal described in Subsection (8)(b), or if after the appeal the Board finds that the allegations of non-compliance are substantially true, the Superintendent may continue with the suggested corrective action, formulate a new form of corrective action or additional terms and conditions which must be met and may proceed with the appropriate remedy which may include an order to return funds improperly collected.

(10) A financial consequence may include:

(a) requiring an LEA to repay an improperly charged fee, commensurate with the level of non-compliance;

(b) withholding all or part of an LEA's monthly Minimum School Program funds until the LEA comes into full compliance with the corrective action plan; and

(c) suspending the LEA's authority to charge fees for an amount of time specified by the Superintendent or Board in the determination.

(11) The Board's decision described in Subsection (9) is final and no further appeals are provided.

History

KEY: education, school fees, policies, training
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 2; Art X Sec 3; 53E-3-401(4); 53G-7-503

Utah Admin. Code R277-407-17 Distribution of Legislative Funds for School Fees

(1) When funds are appropriated by the Legislature for school fees, the Superintendent shall determine LEA allocations by April 30 before distributing the funds as described in Subsection (2) and using prior year average daily membership.

(2) The Superintendent shall distribute available funds to LEAs with students enrolled in grades 7-12, proportionately based on an LEA's number of students in the applicable grades, weighting each student in grade 7 or 8 at .99 and each student in grade 9, 10, 11, or 12 at 1.2.

(3) For funds appropriated by the Legislature during the 2024 Legislative General Session, the Superintendent shall distribute the following to LEAs in operation with enrolled students before July 1, 2025:

(a) 50% of the funds to LEAs for the fiscal year beginning on July 1, 2025;

(b) 30% of the funds to LEAs for the fiscal year beginning on July 1, 2026; and

History

KEY: education, school fees, policies, training
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 2; Art X Sec 3; 53E-3-401(4); 53G-7-503

R277-408 School Fundraising

Utah Admin. Code R277-408 School Fundraising

History

KEY: fundraising; policies; donation; booster
Date of Last Change: August 7, 2024

R277-409 Public School Membership in Associations

Utah Admin. Code R277-409-1 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; 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 place limitations on public school membership in certain associations with rules or policies that conflict with Board policies.

History

KEY: schools, memberships, associations
Date of Last Change: August 12, 2020
Notice of Continuation: August 6, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-409-2 Definitions

(1) "Association" means an organization that governs or regulates a student's participation in an interscholastic activity.

(2) "Interscholastic activity" means an activity within the state in which the students that participate represent a school in the activity.

(3) "Recruiting" means a solicitation or conversation:

(a) initiated by:

(i) an employee of a school or school district;

(ii) a coach or advisor of an interscholastic activity; or

(iii) a member of a booster, alumni, or other organization that performs a substantially similar role as a booster organization, affiliated with a school or school district; and

(b) to influence a student, or the student's relative or legal guardian, to transfer to a school for the purpose of participating in an interscholastic activity at the school.

(4) "Sex offender" has the same meaning as described in Section 77-27-21.7.

History

KEY: schools, memberships, associations
Date of Last Change: August 12, 2020
Notice of Continuation: August 6, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-409-3 Membership Restrictions

(1) Beginning with the 2017-2018 school year, a public school may not be a member of, or pay dues to an association that adopts rules or policies that are inconsistent with this R277-409-3.

(2) An association shall permit the Board to audit the association's:

(a) financial statements; and

(b) compliance with Utah Code, Board rule, and the association's bylaws, policies, rules, and best practices.

(3) An association may not treat similarly situated schools differently in the association's designation of division classifications, or in applying other association policies, based solely on the school's status as a charter school or district public school.

(4) An association may sanction a school, coach, or individual who oversees or works with students as part of an interscholastic activity of a public school if the association finds that the coach or individual:

(a) engaged in recruiting activities; or

(b) violated any other rule or policy of the association.

(5) An association shall establish a policy or rule to govern the association's use of student data that complies with the student data privacy requirements of:

(a) FERPA;

(b) Title 53E, Chapter 9, Part 3, Student Data Protection Act;

(d) R277-484.

(6) An association shall establish policies or rules that require:

(b) the association or public school to annually train each coach or other individual who oversees or works with students as part of an interscholastic activity of a public school on the following:

(i) child sexual abuse prevention as described in Section 53G-9-207;

(ii) the prevention of bullying, cyber-bullying, hazing, harassment, and retaliation as described in:

(A) Title 53G, Chapter 9, Part 6, Bullying and Hazing; and

(B) R277-613; and

(iii) the professional standards described in Subsection (6)(a).

(7) An association shall establish procedures and mechanisms to:

(a) monitor LEA compliance with the association's training requirements described in Subsection (6);

(b) sanction individuals who violate the association's professional standards described in Subsection (6)(a);

(d) prohibit individuals who have violated the association's standards described in Subsection (6)(a), including sex offenders, from coaching, managing, overseeing, training, or working with students as part of an interscholastic activity.

(8) An association shall establish a policy or rule that requires the association to follow requirements similar to the requirements of:

(a) Title 52, Chapter 4, Open and Public Meetings Act; and

(b) Title 63G, Chapter 2, Government Records Access and Management Act.

History

KEY: schools, memberships, associations
Date of Last Change: August 12, 2020
Notice of Continuation: August 6, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

R277-410 Accreditation of Schools

Utah Admin. Code R277-410-1 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; and

(2) The purpose of this rule is to require qualifying secondary schools to be accredited.

History

KEY: accreditation, public schools, nonpublic schools
Date of Last Change: July 22, 2022
Notice of Continuation: May 16, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(c); 53E-3-401(4)

Utah Admin. Code R277-410-2 Definitions

For the purposes of this rule:

"Qualifying secondary school" means a public school that:

(1) includes any of grades 9-12; or

(2) offers credits toward high school graduation.

History

KEY: accreditation, public schools, nonpublic schools
Date of Last Change: July 22, 2022
Notice of Continuation: May 16, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(c); 53E-3-401(4)

Utah Admin. Code R277-410-3 Accreditation of Public Schools

(1) A qualifying secondary school shall obtain accreditation from a regional accrediting body.

(2) If a qualifying secondary school does not obtain accreditation before the beginning of the school's second year of operation, the credit awarded by the qualifying secondary school is considered earned from a non-accredited source as described in Section R277-705-3:

(a) for the school's first year of operation; and

(b) until the school becomes accredited.

(3)(a) The Superintendent shall establish Utah-specific assurances demonstrating compliance with state law and Board rule to be followed by the accrediting body.

(b) The Superintendent shall ensure that qualified secondary schools meet the Utah-specific assurances described in Subsection (3)(a).

(4) The Superintendent may require on-site visits as part of the accreditation process.

History

KEY: accreditation, public schools, nonpublic schools
Date of Last Change: July 22, 2022
Notice of Continuation: May 16, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(c); 53E-3-401(4)

Utah Admin. Code R277-410-4 Transfer or Acceptance of Credit

(1) A qualifying secondary school shall accept transfer credits from an accredited qualifying secondary school consistent with Section 53G-7-206 and Section R277-705-3.

(2) A qualifying secondary school may accept transfer credits from other credit sources consistent with Section R277- 705-3.

History

KEY: accreditation, public schools, nonpublic schools
Date of Last Change: July 22, 2022
Notice of Continuation: May 16, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(c); 53E-3-401(4)

R277-415 School Health Reporting

Utah Admin. Code R277-415-1 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 53E-3-401, which:

(i) allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(ii) allows the Board to audit LEA use of state funds; and

(c) Section 53F-2-204, which requires the Board to assess the progress and degree of effectiveness of programs funded by the minimum school program.

(2) The purpose of the rule is to specify data collection requirements in connection with funds received for school nursing by LEAs through the minimum school program.

History

KEY: school health, data
Date of Last Change: November 7, 2023
Notice of Continuation: December 15, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53F-2-204

Utah Admin. Code R277-415-3 LEA Report Submission

An LEA shall:

(1) submit the School Health Workload Report to the Superintendent and Utah Department of Health and Human Services; and

(2) participate in standardized data collection as established by the Utah Department of Health and Human Services in cooperation with the Superintendent, including the Annual School Health Workload Report.

History

KEY: school health, data
Date of Last Change: November 7, 2023
Notice of Continuation: December 15, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401; 53F-2-204

R277-417 Prohibiting LEAs and Third Party Providers from Offering Incentives or Disbursement for Enrollment or Participation

Utah Admin. Code R277-417-1 Authority, Purpose, and Oversight Category

(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; 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 standards and procedures for prohibiting LEAs and third party providers from offering incentives for student enrollment.

(3) This rule is categorized as Category 2 as described in Rule R277-111.

History

KEY: students, enrollment, incentives
Date of Last Change: May 8, 2025
Notice of Continuation: March 14, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-417-2 Definitions

(1)(a) "Disbursement" means the payment of money or provision of other item of value greater than $10, per school year, offered as payment or compensation to a student or to a parent or guardian for:

(i) a student's enrollment in an LEA; or

(ii) a student's participation in an LEA's program.

(b) "Disbursement" does not include a reimbursement paid by an LEA to a student, parent or guardian, for an expenditure incurred by the student, parent or guardian on behalf of the LEA if:

(i) the expenditure is for an item that will be the property of the LEA; and

(ii) the expenditure was preauthorized by the LEA, as evidenced by preauthorization documentation.

(2) "Educational good or service" means the same as that term is defined in Section 53E-3-401.

(3) "Incentive" means one of the following given to a student or to the student's parent or guardian by an LEA or by a third-party provider as a condition of the student's enrollment in an LEA or specific program for any length of time, during any school year:

(a) money greater than $10; or

(b) an item of value greater than $10.

(4) "Program" means a program within a school that is designed to accomplish a predetermined curricular objective or set of objectives.

(5) "Section 504 accommodation plan" required by Section 504 of the Rehabilitation Act of 1973, means a plan designed to accommodate an individual who has been determined, as a result of an evaluation, to have a physical or mental impairment that substantially limits one or more major life activities.

(6) "Third-party provider" means a third-party who provides an educational good or service on behalf of an LEA.

History

KEY: students, enrollment, incentives
Date of Last Change: May 8, 2025
Notice of Continuation: March 14, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

Utah Admin. Code R277-417-3 LEA and Third-Party Provider Use of Public Funds for Incentives and Disbursement

(1) An LEA or a third-party provider may not use public funds, as defined under Subsection 51-7-3(26), to provide the following to a student, parent or guardian, individual, or group of individuals:

(a) an incentive for a student's:

(i) enrollment in an LEA; or

(ii) participation in an LEA's program; or

(b) a referral bonus for a student's:

(i) enrollment in an LEA; or

(ii) participation in an LEA's program.

(2) An LEA or third-party provider may not use public funds to provide a disbursement to a student or the student's parent or guardian for:

(a) curriculum exclusively selected by a parent;

(b) instruction not provided by the LEA;

(i) an employee of the LEA; or

(ii) a third-party provider who meets all of the requirements of Rule R277-115;

(d) technology devices exclusively selected by a parent; or

(e) other educational expense exclusively selected by a parent.

(3) An LEA may use public funds to provide:

(a) uniforms, technology devices, curriculum, or materials and supplies to a student if the uniforms, technology devices, curriculum, or materials and supplies are:

(i) available to all students enrolled in the LEA or program within the LEA; or

(ii) authorized by the student's college and career readiness plan, IEP, or Section 504 accommodation plan; or

(b) internet access for instructional purposes to a student:

(i) in kindergarten through grade 6; or

(ii) in grade 7 through grade 12 if:

(A) the internet access is provided in accordance with the fee waiver policy requirements of Section R277-407-8; or

(B) failure to provide the internet access will cause economic hardship on the student or parent.

(4) An LEA or third-party provider shall ensure that equipment purchased or leased by the LEA or third party provider remains the property of the LEA and is subject to the LEA's asset policies if:

(a) the LEA or third-party provider purchases equipment; and

(b) provides the equipment to a student or to the student's parent or guardian.

History

KEY: students, enrollment, incentives
Date of Last Change: May 8, 2025
Notice of Continuation: March 14, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)

R277-419 Pupil Accounting

Utah Admin. Code R277-419-1 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;

(i) cost-effectiveness;

(ii) school budget formats; and

(iii) financial, statistical, and student accounting requirements;

(d) Subsection 53E-3-602(2), which requires a local school board's auditing standards to include financial accounting and student accounting;

(e) Subsection 53E-3-301(3)(d), which requires the Superintendent to present to the Governor and the Legislature data on the funds allocated to LEAs;

(f) Section 53G-4-404, which requires annual financial reports from school districts; and

(g) Subsection 53G-5-404(4), which requires charter schools to make the same annual reports required of other public schools.

(h) Section 53G-6-213, which requires data quality standards and monitoring of attendance and participation data;

(i) Section 53G-6-214, which requires LEA accountability measures for attendance tracking and intervention.

(2) The purpose of this rule is to specify pupil accounting procedures used in apportioning and distributing state funds for education.

History

KEY: education finance, school enrollment, pupil accounting
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-102(7); 53E-3-501(1)(e); 53E-3- 602(2); 53E-3-301(3)(d); 53G-4-404

Utah Admin. Code R277-419-2 Definitions

(1) "Aggregate Membership" means the sum of all days in membership during a school year for eligible students enrolled in a public school.

(2) "Approved CTE course" means a course approved by the Board within the Career and Technical Education (CTE) Pathways.

(3) "Attendance validated program" means the same as defined in Rule R277-100.

(4) "Blended learning program" means a formal education program under the direction of an LEA in which a student learns through an integrated experience that is in part:

(a) through online learning, with an element of student control over time, place, path, or pace; and

(b) in a supervised brick and mortar school away from home.

(5) "Brick and mortar school" means a school where classes are conducted in a physical school building.

(6) "Continuing enrollment measurement" means a methodology used to establish a student's membership or enrollment status for purposes of generating membership days.

(7) "Data Clearinghouse" means the electronic data collection system used by the Superintendent to collect information required by law from LEAs about individual students at certain points throughout the school year to support the allocation of funds and accountability reporting.

(8) "Educational services" means providing learning opportunities and services designed to support a student to be prepared to succeed and lead by having the knowledge and skills to learn, engage civically, and lead meaningful lives, including by providing:

(a) high quality instruction for each student;

(b) personalized learning supports for each student; and

(9) "Eligible student" means a student who satisfies the criteria for enrollment in an LEA, set forth in Section R277- 419-5.

(10) "Enrollment verification data" includes:

(a) a student's birth certificate or other verification of age;

(b) verification of immunization or exemption from immunization form;

(d) family income verification; or

(e) special education program information, including:

(i) an individualized education program;

(ii) a Section 504 accommodation plan; or

(iii) an English learner plan.

(11)(a) "Home school" means the formal instruction of children in their homes instead of in an LEA.

(b) "Home school" does not include public school instruction provided in a home, including when:

(i) an online student receives instruction at home, but the student is enrolled in a public school that follows state Core Standards;

(ii) an online student is:

(A) subject to laws and rules governing state and federal mandated tests; and

(B) included in accountability measures; or

(iii) an online student receives instruction under the direction of a highly qualified, licensed teacher who is subject to the licensure requirements of Rule R277-301 and fingerprint and background checks consistent with Rules R277-214 and R277- 309.

(iv) instruction is received by a home-based scholarship student consistent with Section 53F-6-401.

(12) "Home school course" means instruction:

(a) delivered in a home school environment where the curriculum and instruction methods, evaluation of student progress or mastery, and reporting, are provided or administered by the parent, guardian, custodian, or other group of individuals; and

(b) not supervised or directed by an LEA.

(13)(a) "Influenza pandemic" or "pandemic" means a global outbreak of serious illness in people.

(b) "Influenza pandemic" or "pandemic" may be caused by a strain of influenza that most people have no natural immunity to and that is easily spread from person to person.

(14) "ISI-1" means a student who receives 1 to 59 minutes of YIC related services during a typical school day.

(15) "ISI-2" means a student who receives 60 to 179 minutes of YIC related services during a typical school day.

(16) "Instructional day" means the same as defined in Rule R277-100.

(17) "Instructional hours" means the same as defined in Rule R277-100.

(18) "Learner validated program" means the same as defined in Rule R277-100.

(19)(a) "Membership" means a public school student is on the current roll of a public school class or public school as of a given date.

(b) A student is a member of a class or school from the date of entrance at the school and is placed on the current roll until official removal from the class or school due to the student having left the school.

(c) Removal from the roll does not mean that an LEA should delete the student's record, only that the student should no longer be counted in membership.

(20) "Minimum School Program" means the same as that term is defined in Section 53F-2-102.

(21) "Online learning program" means a program:

(a) that is under the direction of an LEA; and

(b) in which students receive educational services primarily over the internet.

(22) "Personalized, Competency-based Learning Grants Program" means an education program that provides instruction through personalized, competency-based learning as defined in Section 53F-5-501.

(23) "Private school" means an educational institution that:

(a) is not an LEA;

(b) is owned or operated by a private person, firm, association, organization, or corporation; and

(24) "Program" means a course of instruction within a school that is designed to accomplish a predetermined curricular objective or set of objectives.

(25) "Qualifying school age" means:

(a) a person who is at least five years old and no more than 18 years old on or before September 1;

(b) with respect to special education, a person who is at least three years old and no more than 21 years old on or before July 1;

(26) "Resource" means a student who receives 1 to 179 minutes of special education services during a typical school day consistent with the student's IEP provided for under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. Sec. 1400 et seq., amended in 2004.

(27) "Retained senior" means a student beyond the general compulsory school age who is authorized at the discretion of an LEA to remain in enrollment as a high school senior in the years after the student's cohort has graduated due to:

(a) sickness;

(b) hospitalization;

(d) other extenuating circumstances beyond the control of the student.

(28) "S1" means the record maintained by the Superintendent containing individual student demographic and school membership data in a Data Clearinghouse file.

(29) "S2" means the record maintained by the Superintendent containing individual student data related to participation in a special education program in a Data Clearinghouse file.

(30) "S3" means the record maintained by the Superintendent containing individual student data related to participation in a YIC program in a Data Clearinghouse file.

(31) "School" means an educational entity governed by an LEA that:

(a) is supported with public funds;

(b) includes enrolled or prospectively enrolled full-time students;

(d) has one or more assigned administrators;

(e) is accredited consistent with Section R277-410-3; and

(f) administers required statewide assessments to the school's students.

(32) "School day" means a day where an LEA provides educational services to students subject to the requirements described in Section R277-419-4.

(33) "School membership" means membership other than in a special education or YIC program in the context of the Data Clearinghouse.

(34) "School of enrollment" means:

(a) a student's school of record; and

(b) the school that maintains the student's cumulative file, enrollment information, and transcript for purposes of high school graduation.

(35) "School year" means the 12 month period from July 1 through June 30.

(36) "Self-contained" means a public school student with an IEP or YIC, who receives 180 minutes or more of special education or YIC related services during a typical school day.

(37) "Self-Contained Resource Attendance Management (SCRAM)" means a record that tracks the aggregate membership of public school special education students for state funding purposes.

(38) "SSID" means Statewide Student Identifier.

(39) "Student with a disability" means a student who:

(a)(i)(A) is of an age during which it is mandatory under state law to provide educational services to persons with disabilities as described in Subsection 53E-3-503(1)(a); or

(B) is of an age during which a student without a disability is provided educational services; and

(ii) is entitled to receive a free appropriate public education under the Individuals with Disabilities Education Act or Board rules related to special education, including Rule R277-750; or

(b) is entitled to receive a free appropriate public education under Section 504 of the Rehabilitation Act of 1973 because the student:

(i) has a physical or mental impairment which substantially limits one or more major life activities;

(ii) has a record of an impairment described in Subsection (37)(b)(i); or

(iii) is regarded as having an impairment described in Subsection (37)(b)(i).

(40) "Unexcused absence" means an absence charged to a student when:

(a) the student was not physically present at school at any of the times attendance checks were made in accordance with Subsection R277-419-8(5); and

(b) the student's absence could not be accounted for by evidence of a legitimate or valid excuse in accordance with local board policy on truancy as defined in Section 53G-6-201 or 53G-10-205.

(c) For a student in a learner validated program, an unexcused absence includes failure to meet the LEA's continuing enrollment measurement requirements.

(41) "Weighted pupil unit" or "WPU" means the same as that term is defined in Section 53F-2-102.

(42) "Year end upload" means the Data Clearinghouse file due annually by July 15 from LEAs to the Superintendent for the prior school year.

(43) "Youth in care or YIC" means a person under the age of 21 who is:

(a) in the custody of the Department of Health and Human Services;

(b) in the custody of an equivalent agency of a Native American tribe recognized by the United States Bureau of Indian Affairs and whose custodial parent or legal guardian resides within the state; or

History

KEY: education finance, school enrollment, pupil accounting
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-102(7); 53E-3-501(1)(e); 53E-3- 602(2); 53E-3-301(3)(d); 53G-4-404

Utah Admin. Code R277-419-3 Schools and Programs

(1)(a) The Superintendent shall provide a list to each school detailing the required accountability reports and other state-mandated reports for the school type and grade range.

(b) A school shall submit a Clearinghouse report to the Superintendent.

(2)(a) A student who is enrolled in a program is considered a member of a public school.

(b) The Superintendent may not require programs to receive separate accountability and other state-mandated reports.

(c) A student reported under an LEA's program shall be included in the LEA's WPU and student enrollment calculations of the LEA's school of enrollment.

(d) A course taught at a program shall be credited to the appropriate school of enrollment.

(3) A private school or program may not be required to submit data to the Superintendent.

(4) A private school or program may not receive annual accountability reports.

History

KEY: education finance, school enrollment, pupil accounting
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-102(7); 53E-3-501(1)(e); 53E-3- 602(2); 53E-3-301(3)(d); 53G-4-404

Utah Admin. Code R277-419-4 Minimum School Days

(1)(a) Except as provided in Subsection (1) and Subsection 53F-2-102(4), an LEA shall provide educational services over a minimum of 180 instructional days or equivalent instructional hours and prioritize academic excellence in its decision.

(b)(i) Except as provided in Subsection (1)(b)(ii), an LEA that participates in the National School Lunch Program shall provide school meals on each day that the LEA schedules toward the LEA's 180 educational service days described in Subsection (1)(a).

(ii) The requirement to provide school meals described in Subsection (1)(b)(i) does not apply to:

(A) an unplanned school closure or unplanned learn from home day due to snow, inclement weather, or other emergency;

(B) a day that an LEA governing board reallocates as a teacher preparation or teacher professional development day as described in Subsection 53F-2-102(4)(d);

(C) a day that an LEA counts in student membership for professional development or parent-teacher conference days as described in Subsection (6); or

(D) a day where the LEA provides educational services while all the LEA's students engage in distance learning.

(i) except as provided in Subsection (1)(c)(ii), for a whole school or LEA as described in Rule R277-121;

(ii) for a school closure due to snow, inclement weather, or other emergency as described in Section R277-121-5; or

(iii) for an individual student as described in Section R277-419-11.

(2) An LEA may offer the required school days described in Subsection (1)(a) at any time during the school year, consistent with the law.

(3) An LEA shall plan for emergency, activity, and weather-related exigency time in its annual calendaring.

(4) Minimum standards apply to a public school in all settings unless Utah law or this rule provides for a specific exception.

(5) An LEA's governing board shall provide adequate contingency school days in the LEA's yearly calendar to avoid the necessity of requesting a waiver except in the most extreme circumstances.

(6)(a) A school may conduct parent-teacher and student Plan for College and Career Readiness conferences during the school day.

(b) Parent-teacher and college and career readiness conferences may only be held for a total of the equivalent of three full school days for the school year.

(c) Student membership for professional development or parent-teacher conference days shall be counted as that of the previous school day.

(d) The final decision and approval regarding planning time, parent-teacher and Student Plan for College and Career Readiness conferences rests with an LEA, consistent with Utah Code and Board administrative rules.

(7)(a) An LEA may designate no more than a total of five educational service days at the beginning of the school year for the assessment of students entering kindergarten.

(b) If an LEA designates educational services days for kindergarten assessment:

(i) an LEA shall designate the days in an open meeting;

(ii) an LEA shall provide adequate notice and explanation to kindergarten parents well in advance of the assessment period; and

(iii) assessment time per student shall be adequate to justify the forfeited instruction time.

(8) An LEA shall approve total instructional time and school calendars in an open meeting.

(9) For a learner validated program, an LEA may satisfy instructional requirements through equivalent instructional hours and demonstrated academic progress rather than minimum school days.

History

KEY: education finance, school enrollment, pupil accounting
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-102(7); 53E-3-501(1)(e); 53E-3- 602(2); 53E-3-301(3)(d); 53G-4-404

Utah Admin. Code 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:

(I) injury;

(II) illness;

(III) surgery;

(IV) suspension;

(V) pregnancy;

(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

(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

(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;

(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 before which the membership will be counted.

(b) An LEA shall be notified within 30 days of the application deadline if courses have been approved.

History

KEY: education finance, school enrollment, pupil accounting
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-102(7); 53E-3-501(1)(e); 53E-3- 602(2); 53E-3-301(3)(d); 53G-4-404

Utah Admin. Code R277-419-6 Student Membership Calculations

(1)(a) Except as provided in Subsection (1)(b) or (1)(c), a student enrolled in only one LEA during a school year is eligible for no more than 180 days of regular membership per school year.

(b) With written verification from the student's parent that the student intends to graduate early, an early graduation student may be counted for more than 180 days of regular membership in accordance with the student's Plan for College and Career Readiness.

(c) A student transferring within an LEA to or from a year-round school is eligible for no more than 205 days of regular membership per school year.

(2)(a) Except as provided in Subsection (2)(b), (2)(c), or (2)(d), a student enrolled in two or more LEAs during a school year is eligible for no more than 180 days of regular membership per school year.

(b) A student transferring to or from an LEA with a schedule approved under Subsection R277-419-4(1)(b) is eligible for no more than 220 days of regular membership per school year.

(c) A student transferring to or from an LEA where the student attended or will attend a year-round school is eligible for no more than 205 days of regular membership per school year.

(d) If the exceptions in Subsections (2)(b) and (2)(c) do not apply but a student transfers from one LEA to another at least one time during the school year, the student is eligible for regular membership in an amount not to exceed the sum of:

(i) 170 days; plus

(ii) 10 days multiplied by the number of LEAs the student attended during the school year.

(3) If a student is enrolled in two or more LEAs during a school year and the aggregate regular membership generated for the student between the LEAs exceeds the amount allowed under Subsection (2), the Superintendent shall apportion the days of regular membership allowed between the LEAs.

(4) If a student was enrolled for only part of the school day or only part of the school year, an LEA shall prorate the student's membership according to the number of hours, periods or credits for which the student was enrolled in relation to the number of hours, periods or credits for which a full-time student normally would have been enrolled, for example:

(a) if the student was enrolled for four periods each day in a seven period school day for 180 school days, the student's aggregate membership would be 4/7 of 180 days or 103 days; or

(b) if the student was enrolled for seven periods each day in a seven period school day for 103 school days, the student's membership would also be 103 days.

(5)(a) An LEA shall calculate the days in membership for all students using a method equivalent to the following: total clock hours of educational services for which the student was enrolled during the school year divided by 990 hours and then multiplied by 180 days and finally rounded up to the nearest whole day.

(b) For example, if a student was enrolled for only 900 hours during the school year, the student's aggregate membership would be (900/990)*180, and the LEA would report 164 days.

(6) The sum of regular plus self-contained special education and self-contained YIC membership days may not exceed 180 days.

(7) The sum of regular and resource special education membership days may not exceed 360 days.

(8) The sum of regular, ISI-1 and ISI-2 YIC membership days may not exceed 360 days.

(9) An LEA may also count a student in membership for the equivalent in hours of up to:

(a) one period each school day, if the student has been:

(i) released by the school, upon a parent or guardian's request, during the school day for religious instruction or individual learning activity consistent with the student's Plan for College and Career Readiness; or

(ii) participating in one or more co-curricular activities under Rule R277-438, but has otherwise been exempted from school attendance under Section 53G-6-204 for home schooling;

(b) two periods each school day per student for time spent in bus travel during the regular school day to and from another state funded institution, if the student is enrolled in CTE instruction consistent with the student's Plan for College and Career Readiness;

(i) a concurrent enrollment program that satisfies the Title 53E, Chapter 10, Part 3, Concurrent Enrollment;

(ii) a private school without religious affiliation under a contract initiated by an LEA to provide special education services which directs that the instruction be paid by public funds if the contract with the private school is approved by an LEA board in an open meeting;

(iii) a foreign exchange student program under Section 53G-6-707; or

(iv) a school operated by an LEA under a Utah Schools for the Deaf and the Blind IEP provided that:

(A) the student may only be counted in S1 membership and may not have an S2 record; and

(B) the S2 record for the student is submitted by the Utah Schools for the Deaf and the Blind.

(10)(a) Except as provided in Subsection (10)(b), a student receiving instruction delivered in a home school course or by a private school is not eligible to be claimed in an LEA's membership and does not qualify for funding under the Minimum School Program in Title 53F, Chapter 2, Minimum School Program Act.

(b) Subsection (10)(a) does not apply to public school instruction provided by an LEA to a home school or private school student participating in dual enrollment as described in Section 53G-6-702.

(11) For a student enrolled in a learner validated program, an LEA shall determine membership based on:

(a) the LEA's continuing enrollment measurement as defined in LEA policy;

(b) demonstrated academic progress; and

History

KEY: education finance, school enrollment, pupil accounting
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-102(7); 53E-3-501(1)(e); 53E-3- 602(2); 53E-3-301(3)(d); 53G-4-404

Utah Admin. Code R277-419-7 Calculations for a First Year Charter School

(1) For the first operational year of a charter school or a new satellite campus, the Superintendent shall determine the charter school's WPU funding based on October 1 counts.

(2) For the second operational year of a charter school or a new satellite campus, the Superintendent shall determine the charter school's WPU funding based on Section 53F-2-302.

History

KEY: education finance, school enrollment, pupil accounting
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-102(7); 53E-3-501(1)(e); 53E-3- 602(2); 53E-3-301(3)(d); 53G-4-404

Utah Admin. Code R277-419-8 Reporting Requirements and LEA Records

(1) An LEA shall report aggregate membership for each student via the School Membership field in the S1 record and special education membership in the SCRAM Membership field in the S2 record and YIC membership in the S3 record of the Year End upload of the Data Clearinghouse file.

(2) In the Data Clearinghouse, aggregate membership is calculated in days of membership.

(3) To determine student membership, an LEA shall ensure that records of daily student attendance or student engagement are maintained in each school which clearly and accurately show for each student the:

(a) entry date;

(b) exit date;

(d) whether or not an absence was excused;

(e) disability status, resource or self-contained, if applicable; and

(f) YIC status, ISI-1, ISI-2 or self-contained, if applicable.

(4) An LEA shall ensure that:

(a) computerized or manually produced records for CTE programs are kept by teacher, class, and core code; and

(b) the records described in Subsection (4)(a) clearly and accurately show for each student in a CTE class the:

(i) entry date;

(ii) exit date; and

(iii) excused or unexcused status of absence.

(5) An LEA shall ensure that each school within the LEA completes a minimum of one attendance check each school day.

(6) Due to school activities requiring schedule and program modification during the first days and last days of the school year:

(a) for the first five school days, an LEA may report aggregate days of membership equal to the number recorded for the second five-day period of the school year;

(b) for the last five-day period, an LEA may report aggregate days of membership equal to the number recorded for the immediately preceding five-day period; and

(7) The Superintendent:

(a) shall review each LEA's student membership and fall enrollment reports as they relate to the allocation of state funds; and

(b) may periodically or for cause review LEA records and practices for compliance with federal and state laws and this rule.

History

KEY: education finance, school enrollment, pupil accounting
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-102(7); 53E-3-501(1)(e); 53E-3- 602(2); 53E-3-301(3)(d); 53G-4-404

Utah Admin. Code R277-419-9 High School Completion Status

(1) An LEA shall account for the final status of students who enter high school, grades 9-12, whether they graduate or leave high school for other reasons, using the following decision rules to state the high school completion or exit status of each student who leaves the Utah public education system:

(a) graduates are students who earn a basic high school diploma by satisfying one of the options consistent with Rule R277-705 or out-of-school youths of school age who complete adult education secondary diploma requirements consistent with Rule R277-733;

(b) completers are students who have not satisfied Utah's requirements for graduation but who:

(i) are in membership in twelfth grade on the last day of the school year; and

(ii)(A) meet any additional criteria established by an LEA consistent with its authority under Rule R277-705;

(B) meet any criteria established for special education students under Utah State Board of Education Special Education Rules, Revised, June 2016, and available at: http://www.schools.utah.gov/sars/Laws.aspx and the Utah State Board of Education;

(D) pass a General Educational Development or GED test with a designated score;

(i) transfer to higher education, without first obtaining a diploma;

(ii) transfer to the Utah Center for Assistive Technology without first obtaining a diploma; or

(iii) age out of special education;

(d) dropouts are students who:

(i) leave school with no legitimate reason for departure or absence;

(ii) withdraw due to a situation so serious that educational services cannot be continued even under the conditions of Subsection R277-419-5(3)(f)(ii);

(iii) are expelled and do not re-enroll in another public education institution; or

(iv) transfer to adult education;

(e) an LEA shall exclude a student from the cohort calculation if the student:

(i) transfers out of state, out of the country, to a private school, or to home schooling;

(ii) is a U.S. citizen who enrolls in another country as a foreign exchange student;

(iii) is a non-U.S. citizen who enrolls in a Utah public school as a foreign exchange student under Section 53G-6-707 in which case the student shall be identified by resident status, J for those with a J-1 visa, F for all others, not by an exit code;

(iv) dies; or

(v) beginning with the 2015-2016 school year, is attending an LEA that is not the student's school of enrollment.

(2)(a) An LEA shall report the high school completion status or exit code of each student to the Superintendent as specified in Data Clearinghouse documentation.

(b) High School completion status or exit codes for each student are due to the Superintendent by year end upload for review.

(c) Except as provided in Subsection (2)(d), an LEA shall submit any further updates of completion status or exit codes by October 1 following the end of a student's graduating cohort pursuant to Rule R277-484.

(d) An LEA with an alternative school year schedule where the students have an extended break in a season other than summer, shall submit the LEA's data by the next complete data submission update, following the LEA's extended break, as defined in Rule R277-484.

(3)(a) The Superintendent shall report a graduation rate for each school, LEA, and the state.

(b) The Superintendent shall calculate the graduation rates in accordance with applicable federal law.

(i) the school was the last school the student attended before the student's expected graduation date; and

(ii) the student does not meet any exclusion rules as stated in Subsection (1)(e).

(d) The last school a student attended will be determined by the student's exit dates as reported to the Data Clearinghouse.

(e) A student's graduation status will be attributed to the school attended in the student's final cohort year.

(f) If a student attended two or more schools during the student's final cohort year, a tie-breaking logic to select the single school will be used in the following hierarchical order of sequence:

(i) school with an attached graduation status for the final cohort year;

(ii) school with the latest exit date;

(iii) school with the earliest entry date;

(iv) school with the highest total membership;

(v) school of choice;

(vi) school with highest attendance; or

(vii) school with highest cumulative GPA.

(g) The Superintendent shall report the four-year cohort rate on the annual state reports.

History

KEY: education finance, school enrollment, pupil accounting
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-102(7); 53E-3-501(1)(e); 53E-3- 602(2); 53E-3-301(3)(d); 53G-4-404

Utah Admin. Code R277-419-10 Student Identification and Tracking

(1)(a) Pursuant to Section 53E-4-308, an LEA shall:

(i) use the SSID system maintained by the Superintendent to assign every student enrolled in a program under the direction of the Board or in a program or a school that is supported by public school funding a unique student identifier; and

(ii) display the SSID on student transcripts exchanged with LEAs and Utah public institutions of higher education.

(b) The unique student identifier:

(i) shall be assigned to a student upon enrollment into a public school program or a public school-funded program;

(ii) may not be the student's social security number or contain any personally identifiable information about the student.

(2)(a) An LEA shall require all students to provide their legal first, middle, and last names at the time of registration to ensure that the correct SSID follows students who transfer among LEAs.

(b) A school shall transcribe the names from the student's birth certificate or other reliable proof of the student's identity and age, consistent with Section 53G-6-603;

(c) The direct transcription of student names from birth certificates or other reliable proof of student identity and age shall be the student's legal name for purposes of maintaining school records; and

(d) An LEA may modify the order of student names, provide for nicknames, or allow for different surnames, consistent with court documents or parent preferences, so long as legal names are maintained on student records and used in transmitting student information to the Superintendent.

(3) The Superintendent and LEAs shall track students and maintain data using students' legal names.

(4) If there is a compelling need to protect a student by using an alias, an LEA should exercise discretion in recording the name of the student.

(5) An LEA is responsible to verify the accuracy and validity of enrollment verification data, before enrolling students in the LEA, and provide students and their parents with notification of enrollment in a public school.

(6) An LEA shall ensure enrollment verification data is collected, transmitted, and stored consistent with sound data policies, established by the LEA as required in Rule R277-487.

History

KEY: education finance, school enrollment, pupil accounting
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-102(7); 53E-3-501(1)(e); 53E-3- 602(2); 53E-3-301(3)(d); 53G-4-404

Utah Admin. Code R277-419-11 Exceptions

(1)(a) An LEA may, at its discretion, make an exception for school attendance for a public school student, in the length of the school day or year, for a student with compelling circumstances.

(b) The time an excepted student is required to attend school shall be established by the student's IEP or Plan for College and Career Readiness.

(2) A school using a modified 45-day/15-day year-round schedule initiated before July 1, 1995 is in compliance with this rule if the school's schedule includes a minimum of 990 hours of time the LEA will provide educational services over a minimum of 172 days.

History

KEY: education finance, school enrollment, pupil accounting
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-102(7); 53E-3-501(1)(e); 53E-3- 602(2); 53E-3-301(3)(d); 53G-4-404

Utah Admin. Code R277-419-12 Attendance Data Quality and Monitoring

(1) An LEA shall:

(a) ensure that student information system data accurately reflects student enrollment, attendance, and participation;

(b) maintain data quality consistent with Section 53G-6-213; and

(2) The Superintendent may:

(a) establish minimum data quality standards;

(b) conduct audits of LEA data submissions; and

History

KEY: education finance, school enrollment, pupil accounting
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-102(7); 53E-3-501(1)(e); 53E-3- 602(2); 53E-3-301(3)(d); 53G-4-404

Utah Admin. Code R277-419-13 LEA Internal Audit Requirements

(1) An LEA shall conduct an annual internal audit of attendance data accuracy.

(2) The audit shall include, at a minimum:

(a) verification of student enrollment and attendance records;

(b) reconciliation of SIS data with submitted reports; and

(3) An LEA shall maintain documentation of the audit and provide the documentation to the Superintendent upon request.

History

KEY: education finance, school enrollment, pupil accounting
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-102(7); 53E-3-501(1)(e); 53E-3- 602(2); 53E-3-301(3)(d); 53G-4-404

Utah Admin. Code R277-419-14 Audit, Oversight, and Corrective Action

(1) The Superintendent may conduct periodic audits of LEA student enrollment, attendance, and related data.

(2) The Superintendent may:

(a) provide technical assistance to LEAs with identified data deficiencies;

(b) publish reports on statewide data trends; and

(3) If an LEA fails to meet data quality standards, the Superintendent may require the LEA to:

(a) develop and submit a corrective action plan within 60 days; and

(b) submit progress reports until compliance is achieved.

(4) The Superintendent may recommend corrective action in accordance with Rule R277-114.

(5) An LEA may be subject to additional action, including potential impacts to funding, as determined by the Board and consistent with state law.

(6) An LEA may not be subject to corrective action solely for deficiencies related to the tracking or reporting of excused absences, consistent with Section 53G-6-213.

History

KEY: education finance, school enrollment, pupil accounting
Date of Last Change: August 7, 2026
Notice of Continuation: June 16, 2026
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-102(7); 53E-3-501(1)(e); 53E-3- 602(2); 53E-3-301(3)(d); 53G-4-404

R277-420 Aiding Financially Distressed School Districts

Utah Admin. Code R277-420-1 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; and

(c) Subsection 53G-7-306(5), which requires the Board to develop standards for defining and aiding financially distressed school districts.

(2) The purpose of this rule is to specify eligibility requirements and procedures for nonrecurring or nonroutine interfund transfers for financially distressed school districts.

History

KEY: education finance
Date of Last Change: November 7, 2017
Notice of Continuation: September 15, 2022
Authorizing, and Implemented or Interpreted Law: 53G-7-306; 53E-3-401(4); 53G-7-304

Utah Admin. Code R277-420-2 Definitions

(1)(a) "Interfund transfer" means a transaction which withdraws money from one fund and places it in another without recourse.

(b) An interfund transfer is regulated by statute and Board rules.

(c) "Interfund transfers" do not include interfund loans in which money is temporarily withdrawn from a fund with full obligation for repayment during the fiscal year.

(2) "Without recourse" means there is no obligation to return withdrawn money to the fund from which it was transferred.

History

KEY: education finance
Date of Last Change: November 7, 2017
Notice of Continuation: September 15, 2022
Authorizing, and Implemented or Interpreted Law: 53G-7-306; 53E-3-401(4); 53G-7-304

Utah Admin. Code R277-420-3 Eligibility

(1) A school district may qualify as financially distressed if the district:

(a) has a deficit of three percent or more in its year end unappropriated maintenance and operation fund balance following a reduction for any amount in an undistributed reserve;

(b) is unable to meet its financial obligations in a timely manner;

(d) can demonstrate that it has made reasonable, local efforts to eliminate the deficit;

(e) is financially incapable of meeting statewide educational standards adopted by the Board; and

(f) has a deficit resulting from circumstances not subject to administrative decisions.

(2) The Superintendent shall evaluate the criteria outlined in Subsection (1) and make a determination on whether a district is financially distressed following an on-site visit and consultation with the school district and local school board.

History

KEY: education finance
Date of Last Change: November 7, 2017
Notice of Continuation: September 15, 2022
Authorizing, and Implemented or Interpreted Law: 53G-7-306; 53E-3-401(4); 53G-7-304

Utah Admin. Code R277-420-4 Procedures for Making Interfund Transfers

(1) A local school board may apply for an interfund transfer under this rule by filing a request with the Superintendent, which shall include:

(a) evidence that the district meets the criteria set forth in Section R277-420-3; and

(b) a plan to eliminate the district's budget deficit.

(2) As part of a district application under Subsection (1)(a), the Superintendent shall:

(a) visit the school district; and

(b) conduct a financial analysis.

(3) The Superintendent may only approve an interfund transfer under this rule if the Superintendent determines that:

(a) the district meets the eligibility requirements of Section R277-420-3; and

(b) the district's request does not conflict with Subsection 53G-7-306(6)(d).

(4) The Superintendent shall advise the Board of any transfers approved under this rule at the next regularly scheduled Board meeting.

(5) A school district designated as financially distressed may make nonrecurring or nonroutine interfund transfers to the district's maintenance and operation fund upon the approval of the Superintendent and in accordance with the plan submitted by the district under Subsection (1)(b).

(6) An interfund transfer shall be established by a school district under the direction of the local school board in an undistributed reserve account consistent with Section 53G-7-304.

History

KEY: education finance
Date of Last Change: November 7, 2017
Notice of Continuation: September 15, 2022
Authorizing, and Implemented or Interpreted Law: 53G-7-306; 53E-3-401(4); 53G-7-304

R277-421 Out-of-State Tuition Reimbursement

Utah Admin. Code R277-421-1 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; and

(c) Section 53G-6-305, which outlines when a school district may pay out-of-state tuition for a resident student to attend a school district out-of-state.

(2) The purpose of this rule is to establish procedures for:

(a) obtaining Board approval for reimbursement of out-of-state tuition expenses;

(b) calculating reimbursement costs; and

History

KEY: out-of-state, tuition, reimbursements
Date of Last Change: December 9, 2021
Notice of Continuation: October 7, 2021
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-6-305

Utah Admin. Code R277-421-2 Definitions

(1) "ADM" means average daily membership.

(2) "Minimum school program" or "MSP" means the same as that term is defined in Section 53F-2-102.

(3) "NESS" means the Necessarily Existent Small Schools Fund.

(4) "Utah eTranscript and Records Exchange" or "UTREx" means a system that allows individual detailed student records to be exchanged electronically between public education districts and the Superintendent, and allows electronic transcripts to be sent to any post-secondary institution, private or public, in-state or out-of-state, that participates in the e-transcript service.

(5) "WPU" means the weighted pupil unit.

History

KEY: out-of-state, tuition, reimbursements
Date of Last Change: December 9, 2021
Notice of Continuation: October 7, 2021
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-6-305

Utah Admin. Code R277-421-3 Review of Out-of-State Tuition Agreements

(1) A district shall submit to the Superintendent an agreement to pay tuition to an out-of-state district in accordance with Subsection 53G-6-305(1) by June 30.

(2) A district requesting reimbursement for excess tuition costs under Subsection 53G-6-305(3) shall submit a request to the Superintendent by June 30 including:

(a) an estimate of ADM for out-of-state students for the upcoming school year; and

(b) an estimate of tuition payment amounts for the upcoming school year.

(3)(a) The Superintendent shall review a request submitted under Subsection (2) no later than August 30.

(b) The Superintendent may deny a request submitted under Subsection (2) if there are insufficient funds to cover the reimbursement.

History

KEY: out-of-state, tuition, reimbursements
Date of Last Change: December 9, 2021
Notice of Continuation: October 7, 2021
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-6-305

Utah Admin. Code R277-421-4 Calculation of Out-of-State Tuition Reimbursement

(1) The Superintendent shall calculate out-of-state reimbursement to a district by subtracting state funds that are calculated based on the WPU generated by an out-of-state resident student's ADM from the total tuition payment per student:

(a) Kindergarten WPU;

(b) Grade 1-12 WPU;

(d) NESS;

(e) District Administrative Costs;

(f) Class-Size Reduction;

(g) Flexible Allocation;

(h) Gifted and Talented program;

(i) K-3 Reading Improvement program;

(j) Voted and Board Local Levy Guarantee programs; and

(k) Applicable Special Education programs.

(2) A district shall not include out-of-state tuition payments in any other MSP formula.

(3) The Superintendent may include in a calculation under Subsection (1) mileage costs reimbursed by a district to parents for transporting students to the nearest bus stop in accordance with Section R277-600-7.

(4) The Superintendent shall reserve the estimated funds identified by a district under Subsection R277-421-3(2)(a) from the new year NESS appropriation, and pay Board-authorized reimbursement payments from reserved funds.

History

KEY: out-of-state, tuition, reimbursements
Date of Last Change: December 9, 2021
Notice of Continuation: October 7, 2021
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-6-305

Utah Admin. Code R277-421-5 Recording Student Membership for Out-of-State Students

(1) A district shall record student membership for students receiving out-of-state tuition reimbursement in accordance with District enrollment and membership policies.

(2) A district shall report students in UTREx for whom they are paying out-of-state tuition using codes identified by the Superintendent.

(3) A district shall report ADM for students attending school out-of-state pursuant to a tuition agreement under Section 53G-6-305 in the same manner as the district calculates ADM for students attending the district's schools.

History

KEY: out-of-state, tuition, reimbursements
Date of Last Change: December 9, 2021
Notice of Continuation: October 7, 2021
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53G-6-305

R277-422 State Supported Voted Local Levy, Board Local Levy and Reading Improvement Program

Utah Admin. Code R277-422-1 Authority and Purpose

(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;

(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;

(i) school productivity and cost effectiveness measures;

(ii) federal programs;

(iii) school budget formats; and

(iv) financial, statistical, and student accounting requirements.

(2) The purpose of this rule is to specify requirements, timelines, and clarifications for:

(a) the state-supported voted local levy;

(b) the board local levy; and

History

KEY: education, finance
Date of Last Change: November 7, 2017
Notice of Continuation: September 15, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(e); 53E-3-401(4); 53F-2-601; 53F-2-602; 53F-2-503

Utah Admin. Code R277-422-2 Definitions

(1) "Ad valorem property tax" means a tax based on the assessed value of real estate or personal property.

(2) "Board local levy" means a tax levied by a local board in accordance with Section 53F-2-602 to support a district's general fund.

(3) "Free or reduced meal applications" means the applications received by a school district or charter school under the Board-supervised federal Child Nutrition Program.

(4) "Local board" means the school board members elected to govern a school district.

(5) "State-supported" means a formula-based state contribution of funds to the voted local levy program and the board local levy program as defined in Section 53F-2-601 and Section 53F-2-602.

(6) "Voted local levy" means a state-supported program in which a voter-approved property tax levy under Section 53F-2-601 is authorized to cover a portion of the costs within the general fund of the state-supported minimum school program in a district.

(7) "Weighted pupil unit " or "WPU" has the same meaning as set forth in Subsection 53F-2-102(8).

History

KEY: education, finance
Date of Last Change: November 7, 2017
Notice of Continuation: September 15, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(e); 53E-3-401(4); 53F-2-601; 53F-2-602; 53F-2-503

Utah Admin. Code R277-422-3 Requirements and Timelines for State-Supported Voted Local Levy and Board Local Levy

(1) A local board may establish a state-supported voted local levy program following an election process in accordance with Section 53F-2-601.

(2) A local board which has approved voted local levy or voted leeway programs since 1965 may set an annual fiscal year fixed tax rate levy for the voted local levy equal to or less than the levy authorized by the election.

(3) A district may budget and expend state and local funds received under the voted local levy or board local levy program within the school district's general fund as unrestricted revenue.

(4) In order to receive state support for an initial voted local levy tax rate, a local board shall receive voter approval no later than December 1 prior to the commencement of the fiscal year of implementation of that initial voted local levy tax rate.

(5) If a school district qualifies for state support the year prior to an increase in its existing voted local levy; and:

(a) does not receive voter approval for an increase after June 30 of the previous fiscal year and before December 2 of the previous fiscal year; and

(b) intends to levy the additional rate for the fiscal year starting the following July 1; then

(c) the district may only receive state support for the existing voted local levy tax rate and not the additional voter- approved tax rate for the fiscal year commencing the following July 1; and

(d) shall receive state support for the existing and additional voter-approved tax rate for each year thereafter, as long as the district qualifies to receive state support.

History

KEY: education, finance
Date of Last Change: November 7, 2017
Notice of Continuation: September 15, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(e); 53E-3-401(4); 53F-2-601; 53F-2-602; 53F-2-503

Utah Admin. Code R277-422-4 K-3 Reading Achievement Program

(1) A district may participate in the K-3 Reading Achievement Program by submitting a plan in accordance with Section 53F-2-503 and Rule R277-406.

(2) A school district shall calculate funding under the K-3 Reading Achievement Program using the following data:

(a) the most current numbers of final adjusted assessed valuations received from the Utah State Tax Commission;

(b) the year's tax collection rate, that corresponds to the year provided under Subsection (2)(a);

(d) the current fiscal year total number of WPUs received by each school district for the basic school program.

History

KEY: education, finance
Date of Last Change: November 7, 2017
Notice of Continuation: September 15, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(e); 53E-3-401(4); 53F-2-601; 53F-2-602; 53F-2-503

R277-424 Indirect Costs for State Programs

Utah Admin. Code R277-424-1 Authority and Purpose

(1) This rule is authorized by:

(a) Article X, Section 3 of the Utah Constitution, 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; and

(c) Subsection 53E-3-501(1)(e), which directs the Board to adopt rules for financial, statistical, and student accounting requirements.

(2) The purpose of this rule is to establish Board standards for claiming indirect costs for state programs.

History

KEY: education finance
Date of Last Change: January 11, 2022
Notice of Continuation: November 5, 2021
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(e); 53E-3-401(4)

Utah Admin. Code R277-424-2 Definitions

(1) "Direct costs" mean costs that can be easily, obviously, and conveniently identified by the Superintendent with a specific program.

(2) "Indirect costs" mean the costs of providing indirect services.

(3) "Indirect Services" mean services that cannot be identified with a specific program.

(4) "Regional education service agency" or "RESA" the same as that term is defined in Section 53G-4-410.

(5) "Restricted indirect cost rate" means:

(a) for an LEA, a rate assigned to each LEA annually based on the ratio of restricted indirect costs to direct costs as reported in the annual financial report for the specific LEA; and

(b) for a RESA, a rate determined by the RESA, up to the de-minimis rate when allowable.

(6) "Unallowable costs" mean expenditures directly attributable to governance, including:

(a) salaries;

(b) expenditures of the office of the district superintendent, the governing board, and election expenses; and

(7) "Unrestricted indirect cost rate" means:

(a) for an LEA, a rate assigned to each LEA annually, based on the ratio of unrestricted indirect costs to direct costs as reported in the annual financial report for the specific LEA; and

(b) for a RESA, a rate determined by the RESA, up to the de-minimis rate when allowable.

History

KEY: education finance
Date of Last Change: January 11, 2022
Notice of Continuation: November 5, 2021
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(e); 53E-3-401(4)

Utah Admin. Code R277-424-3 Standards

(1)(a) An LEA or RESA may charge indirect costs to state funded programs unless prohibited by Utah Code or Board Rule.

(b) An LEA or RESA may charge indirect costs to federally funded programs in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

(2) The Superintendent may not authorize or pay indirect costs to higher education institutions for state funded contractual work.

(3)(a) Prior to the beginning of each fiscal year, the Superintendent shall publish a schedule of the indirect cost rates for state programs.

(b) The Superintendent shall develop the schedule from information contained in the annual financial reports and specifically identified items submitted by LEAs.

(i) whether or not the restricted or unrestricted indirect cost rate applies; and

(ii) whether or not indirect costs are allowable or applicable.

(4)(a) An LEA or RESA may recover indirect costs if funds are available.

(b) If a combination of direct and indirect costs exceeds funds available, then the LEA may not recover the total cost of the project or program.

(d) If an LEA or RESA elects to recover indirect costs, the LEA or RESA shall use the annual rates negotiated by the Superintendent for applicable federal and state programs.

(5)(a) An LEA or RESA may only recover indirect costs for state programs to the extent that direct costs were incurred.

(b) The Superintendent shall apply the indirect cost rate to the amount expended, not to the total grant, to determine the amount for indirect costs.

History

KEY: education finance
Date of Last Change: January 11, 2022
Notice of Continuation: November 5, 2021
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(e); 53E-3-401(4)

R277-426 Definition of Private and Non-Profit Schools for Federal Program Services

Utah Admin. Code R277-426-1 Authority and Purpose

(1) This rule is authorized by:

(a) Article X, Section 3 of the Utah Constitution, which vests general control and supervision over public education in the Board;

(b) Subsection 53E-3-501(3), which allows the Board to administer federal funds and to distribute them to eligible applicants; 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 define requirements that private, non-public, and non-profit schools must meet in conjunction with federal program criteria to receive services under federal laws requiring the public education system to serve students in these schools.

History

KEY: education finance, private schools
Date of Last Change: November 7, 2022
Notice of Continuation: September 15, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(3); 53E-3-401(4)

Utah Admin. Code R277-426-2 Definitions

(1) "Exempt Organization Determination Letter" means a letter issued by the Internal Revenue Service, which verifies that an organization is a qualified tax-exempt entity.

(2) "Unique Entity Identifier" or "UEI Number" means an identification number issued by the General Services Administration through the System for Award Management, www.sam.gov.

History

KEY: education finance, private schools
Date of Last Change: November 7, 2022
Notice of Continuation: September 15, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(3); 53E-3-401(4)

Utah Admin. Code R277-426-3 Qualifications

For the purposes of receiving services under federal programs:

(1) "Private or non-public school" means a school which:

(a) is owned and operated by:

(i) an individual;

(ii) a religious institution;

(iii) a partnership; or

(iv) a corporation other than the State, a subdivision of the State, or the Federal government;

(b) is supported primarily by non-public funds;

(d) teaches the required subjects on each grade level as designated by the Board for the same length of time as students must be taught in the public schools;

(e) is properly licensed, if so required by the appropriate governmental jurisdiction;

(f) complies with any state and local ordinances and codes pertaining to the operation of that type of facility or institution; and

(g) possesses a UEI number.

(2) "Non-profit school" means a school which:

(a) is not a part of the public school system;

(b) is operated with no intention of making a profit;

(d) possesses:

(i) a State of Utah tax exemption number;

(ii) a UEI number;

(iii) a United States Internal Revenue Service Employer Identification Number; and

(iv) a favorable Exempt Organization Determination Letter;

(e) teaches the required subjects on each grade level as designated by the Board for the same length of time as students must be taught in the public schools if required by the federal program;

(f) is properly licensed, if so required by the appropriate governmental jurisdiction; and

(g) complies with any state or local legal requirements pertaining to the operation of that type facility or institution.

History

KEY: education finance, private schools
Date of Last Change: November 7, 2022
Notice of Continuation: September 15, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(3); 53E-3-401(4)

R277-427 LEA Financial Information Systems

Utah Admin. Code R277-427-1 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; and

(c) Section 53E-3-518, which directs the Board to make rules to implement a uniform LEA Financial Information System statewide.

(2) The purpose of this rule is to establish:

(a) required LEA financial information system components;

(b) procurement requirements for LEA financial information systems; and

History

KEY: Financial Information System, procurement , grant procedures
Date of Last Change: March 15, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401

Utah Admin. Code R277-427-2 Definitions

(1) "LEA data system" has the same meaning as defined in Subsection 53E-3-518(1)(a).

(2) "LEA Financial Information System" has the same meaning as defined in Subsection 53E-3-518(1)(b).

History

KEY: Financial Information System, procurement , grant procedures
Date of Last Change: March 15, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401

Utah Admin. Code R277-427-3 LEA Responsibilities

(1) An LEA shall update LEA data systems and LEA financial information systems by July 1, 2023 in compliance with Subsection 53E-3-518(6)(a).

(2) An LEA data system shall be interoperable with Board information management systems.

History

KEY: Financial Information System, procurement , grant procedures
Date of Last Change: March 15, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401

Utah Admin. Code R277-427-4 Cooperative Contract and Grant

(1) By January 1, 2022, the Superintendent shall enter into a cooperative contract with multiple vendors capable of meeting the criteria of Section R277-427-3 for Utah LEAs.

(2) The Superintendent shall include data in the following areas as part of a cooperative contract:

(a) financial accounting;

(b) training and establishment of minimum modules within the financial system;

(d) content or e-document management;

(e) advanced purchasing and procurement systems;

(f) purchasing cards;

(g) data warehouse systems;

(h) business intelligence;

(i) cloud hosting services;

(j) accounts receivable system;

(k) budget preparation system;

(l) applicant portal;

(m) bid system;

(n) bank and check reconciliation systems;

(o) fixed asset systems;

(p) campus, student, and pupil accounting;

(q) human resources system, with access to relevant and necessary human resources data; and

(r) Utah state reporting, interoperable with the state transparency system.

(3) In addition to the requirements of Section R277-427-3, an LEA may incorporate the components identified in Subsection (2) as a best practice.

(4) By February 1, 2022, the Superintendent shall prepare and make available to LEAs an application for grant funding or reimbursement in accordance with Section 53E-3-518.

(5) The Superintendent shall notify applicants of funds eligibility by May 1, 2022.

(6) The Superintendent shall disburse funds to applicants on a reimbursement basis taking into account:

(a) the amount of funds available;

(b) the number of applicants; and

(7) After July 1, 2023, the Superintendent may initiate corrective action against an LEA in accordance with Rule R277- 114 if an LEA fails to implement the required data systems.

History

KEY: Financial Information System, procurement , grant procedures
Date of Last Change: March 15, 2022
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401

R277-436 Juvenile Gang and Other Violent Crime Prevention and Intervention Grant

Utah Admin. Code R277-436 Juvenile Gang and Other Violent Crime Prevention and Intervention Grant

History

KEY: public schools, disciplinary problems, students at risk, gangs
Date of Last Change: August 7, 2024
Notice of Continuation: January 18, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53F - 2 - 410; 53E - 3 - 401(3)

R277-437 Open Enrollment

Utah Admin. Code R277-437-1 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; and

(c) Subsection 53G-6-405, which directs the Board to provide a formula by rule for resident students to attend school districts under 53G-6-401.

(2) The purpose of this rule is:

(a) to establish necessary definitions;

(b) to establish a formula for the residual per pupil expenditure for school districts to reimburse each other for full and part-time nonresident students;

(d) to provide a standard statewide open enrollment form required under Subsection 53G-6-402(4)(b)(ii).

History

KEY: public education, enrollment options
Date of Last Change: January 9, 2019
Notice of Continuation: September 11, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(1)(b); 53G-6-405; 53G-6-401 et seq.; 53E-3- 401(4)

Utah Admin. Code R277-437-2 Definitions

(1) "Available school or program" means a school or program currently designated under the law and this rule by a district as open to nonresident students.

(2) "Nonresident student" means a student attending or seeking to attend a school other than the designated school of residence.

(3) "Resident district" means a student's school district of residence under Section 53G-6-302.

(4) "Resident district's per student expenditure" means the expenditure based on the most recent State Superintendent's Annual Report according to the following formula calculated by the Superintendent:

(a) take total expenditures before interfund transfer for:

(i) maintenance and operation;

(ii) tort liability; and

(iii) capital projects;

(b) subtract the following from the sum of (4)(a), above:

(i) resident district's taxes collected under the Minimum School Program;

(ii) state revenue;

(iii) federal revenue; and

(iv) expenditures for site acquisition or new facility construction, which includes remodeling that increases building square footage or other major remodeling; and

(c) divide the remainder of (4)(a) and (4)(b) above by the total student membership of the district as reported in the most recent annual year-end Membership Report.

(5) "School of residence" means the school which a student would normally attend in the student's district of residence.

(6) "School into which the school's students feed" for purposes of this rule means school boundaries and feeder systems as determined by the local board of education which may change over time.

(7) "Split enrollment" means a student that is enrolled in two or more LEAs simultaneously during a school year.

History

KEY: public education, enrollment options
Date of Last Change: January 9, 2019
Notice of Continuation: September 11, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(1)(b); 53G-6-405; 53G-6-401 et seq.; 53E-3- 401(4)

Utah Admin. Code R277-437-3 Local School Board and District Responsibilities

(1) A local school board shall have policies describing procedures for a student to follow in applying to attend school other than the student's respective schools of residence.

(2) A Local school board shall designate which schools and programs will be available for open enrollment during the coming school year consistent with the definitions and timelines of Title 53G, Chapter 6, Part 4, School District Enrollment.

(3) The school district shall adjust timelines for open enrollment applications if the district is developing a district- wide reconfiguration of the district's schools consistent with Subsection 53G-6-401(1).

(4) A school district may establish longer or broader timelines for enrollment than required by law.

(5) If construction, remodeling, or other circumstances beyond the control of the local school board do not reasonably permit the local school board to make sufficiently accurate enrollment projections for a given school to determine whether the school should be designated as available for open enrollment for the coming year, the local board shall designate delays and procedures consistent with Subsection 53G-6-402(4)(c).

(6)(a) As required under Subsection 53G-6-405(2), a resident district shall pay to a nonresident district one-half of the resident district's per student expenditure for each resident student properly registered in the nonresident district.

(b) A resident district may pay a nonresident district any additional amount if agreed upon by both districts.

(d) Funding for students who are split enrolled shall be provided to the participating LEAs in accordance with Section R277-419-6.

(7) An agreement between the resident district and a nonresident district may be made prior to the acceptance of a requesting student and shall be done outside of the Statewide Online Education Program process described in R277-726.

(8) A local school board shall establish a procedure to consider appeals of a student's denial of initial or continued enrollment of a nonresident student under Subsection 53G-6-404(1).

(9) A local school board may deny a student's request for enrollment for a reason identified in Title 53G, Chapter 6, Part 4, School District Enrollment.

(10) This rule does not govern eligibility for nonresident students to participate in activities supervised by the Utah High School Activities Association (UHSAA).

History

KEY: public education, enrollment options
Date of Last Change: January 9, 2019
Notice of Continuation: September 11, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(1)(b); 53G-6-405; 53G-6-401 et seq.; 53E-3- 401(4)

Utah Admin. Code R277-437-4 Special Education Open Enrollment Requirements

(1) When considering an open enrollment request for a student who qualifies for special education services, a nonresident district shall:

(a) consider the individual needs of the student and whether the nonresident district can meet the student's needs when determining whether there is capacity to accept the student; and

(b) establish policies and procedures for open enrollment that do not have the effect of discriminating against a student who qualifies for special education services.

(2) The policies and procedures described in Subsection (1), as applied or implemented, may not lead to the categorical denial of accepting a nonresident student who qualifies for special education services.

(3) The Superintendent may provide model policies that meet the requirements of this section.

History

KEY: public education, enrollment options
Date of Last Change: January 9, 2019
Notice of Continuation: September 11, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(1)(b); 53G-6-405; 53G-6-401 et seq.; 53E-3- 401(4)

Utah Admin. Code R277-437-5 Transportation

(1) A school resident district may transport the district's students to schools in other districts under Subsection 53G-6- 405(3)(b)(i).

History

KEY: public education, enrollment options
Date of Last Change: January 9, 2019
Notice of Continuation: September 11, 2023
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(1)(b); 53G-6-405; 53G-6-401 et seq.; 53E-3- 401(4)

R277-438 Dual Enrollment

Utah Admin. Code R277-438-1 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-3-501(1)(b)(i), which directs the Board to establish rules and minimum standards for access to programs;

(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; and

(d) Section 53G-6-702, which governs dual enrollment.

(2) The purpose of this rule is to provide consistent statewide procedures and criteria for a home school and private school student's participation in a public school course, co-curricular activity, or program.

History

KEY: public education, dual enrollment
Date of Last Change: December 8, 2016
Notice of Continuation: October 7, 2021
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(b)(i); 53E-3-401(401); 53G-6-702

Utah Admin. Code R277-438-2 Definitions

(1) "Co-curricular activity" means a school district or school activity, course, or experience, outside of school hours, that also includes a required regular school day component.

(2) "Dual enrollment student" means a student who is enrolled simultaneously in:

(a) a private school or home school; and

(b) a public school.

(3) "Eligibility" means a student's fitness and availability to participate in a school course, activity, or program governed by this rule that is determined by a number of factors, including:

(a) residency;

(b) scholarship;

(d) the number of semesters of participation in a particular course, activity, or program.

(4) "Full-time student" means a student earning the school district designated number and type of credits required for participation in a course, activity, or program in the school district in which the student's parent resides.

(5) "Home school" means a school in the state comprised of one or more students officially excused from compulsory public school attendance under Section 53G-6-204.

(6) "Private school" means a school in the state that:

(a) is maintained by a private individual or corporation;

(b) is maintained and operated not at public expense;

(d) operates as a substitute for, and gives the equivalent of, instruction required in a public school;

(e) employs a teacher able to provide the same quality of education as a public school teacher;

(f) is established to operate indefinitely and independently, not dependent upon age of the students available or upon individual family situations; and

(g) is licensed as a business by the Department of Commerce.

(7)(a) "Resident school" means a public school:

(i) that is under the control of a local school board elected under Title 20A, Chapter 14, Nomination and Election of State and Local School Boards; and

(ii) within whose boundaries a student's custodial parent resides.

(b) "Resident school" does not mean a charter school or online school.

(8) "Student participation fee" means a fee charged to all participating students by the resident school for enrollment in a course, program, or co-curricular school activity consistent with Rule R277-407.

History

KEY: public education, dual enrollment
Date of Last Change: December 8, 2016
Notice of Continuation: October 7, 2021
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(b)(i); 53E-3-401(401); 53G-6-702

Utah Admin. Code R277-438-3 Private and Home School Student Participation in a Public School Course, Co-curricular Activity, or Program

(1) A student who is exempt from compulsory public school education by a local school board for instruction in a private or home school may enroll in the student's resident school as a dual enrollment student and participate in a course, co-curricular activity, or program at the student's resident school if the student:

(a) takes courses comparable to resident school courses or earns credit under options outlined in Section R277-700-6 in at least as many of the designated courses as required by the local school board of a student for participation in the course, co-curricular activity, or program; or

(b) demonstrates competency to the satisfaction of the LEA in the subject matter taught in the courses required by the local school board of a student for participation the course, co-curricular activity or program.

(2) A public school that is not the student's resident school may allow a private or home school student to enroll in the public school, including in a single course or program, as a dual enrollment student, at the discretion of the public school, and in accordance with Subsection 53G-6-703(2)(d).

(3)(a) A private school dual enrollment student is eligible to participate in a course, co-curricular activity, or program consistent with the eligibility standards for a full-time student, including providing a report card to the resident school or other school described in Subsection (2) upon request.

(b) A home school dual enrollment student is eligible to participate in a course, co-curricular activity, or program if eligibility standards are met consistent with Subsections 53G-6-703(5) through 53G-6-703(14).

History

KEY: public education, dual enrollment
Date of Last Change: December 8, 2016
Notice of Continuation: October 7, 2021
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(b)(i); 53E-3-401(401); 53G-6-702

Utah Admin. Code R277-438-4 Fees for Private and Home School Students

A school or school district shall waive a student participation fee for a dual enrollment private or home school student if:

(1) the student is eligible; and

(2) the parent provides required documentation under Section 53G-7-504 and Rule R277-407, School Fees.

History

KEY: public education, dual enrollment
Date of Last Change: December 8, 2016
Notice of Continuation: October 7, 2021
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(b)(i); 53E-3-401(401); 53G-6-702

Utah Admin. Code R277-438-5 Miscellaneous Issues

(1) A dual enrollment student attending an activity or a portion of a school day under Section 53G-6-702 is subject to the same behavior and discipline rights and requirements of a full-time student.

(2) A dual enrollment student who attends an activity or a portion of the school day is subject to the administrative scheduling and teacher discretion of the public school.

(3)(a) A dual enrollment student with a disability may participate as a dual enrollment student consistent with law, this rule and 34 CFR 300.450 through 300.455.

(b) A public school that enrolls a dual enrollment student shall prepare an IEP for a student described in Subsection (3)(a) prior to the student's participation in dual enrollment using comparable procedures to those required for identifying and evaluating public school students.

(c) A student with a disability seeking dual enrollment is entitled to services for the time, or for the number of courses, the student is enrolled in the public school, based on the decision of the student's IEP team.

(d) Decisions about the scheduling and manner of services provided is the responsibility of the enrolling public school and school district personnel.

(e) A school or a school district is not prohibited from providing a service to a student who is not enrolled full time in excess of those required by this section.

History

KEY: public education, dual enrollment
Date of Last Change: December 8, 2016
Notice of Continuation: October 7, 2021
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-501(1)(b)(i); 53E-3-401(401); 53G-6-702

R277-439 Block Grant Funding for Prevention Programs in Public Education

Utah Admin. Code R277-439-1 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; and

(b) Subsection 53E-3-401(4), which allows the Board to adopt rules in accordance with its responsibilities; and

(c) Subsection 53F-2-525(3), which establishes the prevention block grant and directs the Board to make rules to govern the application process.

(2) The purpose of this rule is to provide:

(a) procedures for an LEA to apply for the Prevention Block Grant; and

(b) annual reporting guidelines.

History

KEY: public schools, substance abuse prevention, prevention block grant
Date of Last Change: November 7, 2023

Utah Admin. Code R277-439-2 Definitions

(1) "Comprehensive prevention plan" means the same as the term is defined in Subsection 53F-2-525(1).

(2) "Participating LEA" means an LEA that:

(a) applies to participate in the prevention block program described in Section 53F-2-525 and this rule; and

(b) is approved by the Superintendent to participate in the prevention block grant program.

History

KEY: public schools, substance abuse prevention, prevention block grant
Date of Last Change: November 7, 2023

Utah Admin. Code R277-439-3 Application Process

(1) The Superintendent shall develop an application for an LEA that is interested in applying for prevention block grant funds.

(2) An LEA may apply for the grant in a form and within the deadlines specified by the Superintendent.

(3) The Superintendent shall distribute prevention block grant funds to a participating LEA based on funds available from the substance abuse prevention account and through the underage drinking and substance abuse prevention program restricted account as described in Section 53F-2-525 and Section 53F-9-304.

(4) An LEA's application for the prevention block grant shall include the following:

(a) the LEA's approach and rationale underlying the comprehensive prevention plan;

(b) a demonstration of the LEA's specific prevention needs;

(d) the use of funds to implement the LEA's comprehensive prevention plan; and

(e) specific outcomes that will be used to measure the success of the plan.

(5) The Superintendent shall provide:

(a) guidance to LEAs about designing and implementing the comprehensive prevention plan;

(b) technical assistance to LEAs with prevention needs; and

History

KEY: public schools, substance abuse prevention, prevention block grant
Date of Last Change: November 7, 2023

Utah Admin. Code R277-439-4 Allowable Expenses

(1) Awarded funds may be used for the following purposes:

(a) Implementation of the comprehensive prevention plan;

(b) Prevention-focused parent seminars as described in Subsection 53G-9-703(2);

(d) Prevention science professional learning;

(e) Supplies and materials related to implementing prevention programs; and

(f) Other evidence-based prevention practices authorized by USBE.

(2) An LEA may not use funds received through this program for:

(a) food;

(b) capital improvements;

(d) vape detectors.

History

KEY: public schools, substance abuse prevention, prevention block grant
Date of Last Change: November 7, 2023

Utah Admin. Code R277-439-5 Annual Reporting Requirements

(1) A participating LEA that receives prevention block grant funds shall provide the Superintendent with a year-end report in a form and within the deadlines specified by the Superintendent.

(2) The Superintendent may require additional evaluation or audit procedures from an LEA to demonstrate the use of funds consistent with the law and Board rules.

History

KEY: public schools, substance abuse prevention, prevention block grant
Date of Last Change: November 7, 2023

R277-443 Distribution of Money to Science Outreach Organizations

Utah Admin. Code R277-443-1 Authority, Purpose, and Oversight Category

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision of the public school system with the Board;

(b) Subsection 53E-3-401(4), which allows the Board to adopt rules in accordance with its responsibilities; and

(c) Section 53E-3-501, which directs the Board to establish rules and standards for the public schools, including curriculum and instruction requirements.

(2) The purpose of this rule is to provide for the distribution of money appropriated by the state to a science organization that:

(a) provides an educational service to a student or teacher; and

(b) facilitates a student developing and using the knowledge, skills, and dispositions defined in a science core standard.

(3) This Rule R277-443 is categorized as Category 3 as described in Rule R277-111.

History

KEY: science, core standards, iSEE, grant programs
Date of Last Change: October 8, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-501

Utah Admin. Code R277-443-2 Definitions

(1) "City" has the same meaning as that term is defined in Subsection 10-1-104(1).

(2) "Community" means the group of persons that have an interest or involvement in the education of a person in kindergarten through grade 12, including:

(a) a student, parent, teacher, and administrator; and

(b) an association or council that represents a person described in Subsection (2)(a).

(3) "Core standard" means a standard:

(a) established by the Board in Rule R277-700 as required by Section 53E-3-501; and

(b) that defines the knowledge and skills a student should have in kindergarten through grade 12 to enable a student to be prepared for college or workforce training.

(4) "Cost effectiveness" means:

(a) maximization of the educational service available through the organization; and

(b) not using money received through a program for the necessary maintenance and operational costs of the organization.

(5)(a) "Educational service" means an in-depth instructional workshop, demonstration, classroom experience, presentation, tour, exhibit, teacher professional development, side-by-side mentoring, hands-on activity, field trip, or teachers resources that:

(i) relates to a science core standard and

(ii) takes place in a public school, charter school, professional venue, or a facility;

(b) "Educational service" may include a distance experience or virtual programming that is provided from a remote location if done in addition to outreach programming.

(6) "Educational soundness" means an educational service that:

(a) is designed with effective science instruction for the grade level being served;

(b) features students or teachers engaging in hands-on activities;

(d) shows continuous improvement guided by analysis of an evaluative tool.

(7) "Fiscal agent" means a city that:

(a) is designated by an organization as described in Subsection R277-443-4(4); and

(b) acts on behalf of an organization to perform financial or compliance duties.

(8) "Hands-on activity" means an activity that includes active involvement of a student as a scientist by engaging with practices from the field.

(9) "Informal Science Education Enhancement program" or "iSEE program" means a program described in Section R277-443-7 for which a science organization may apply to receive money appropriated by the state.

(10) "Organization" means:

(a) a nonprofit corporation organized under:

(i) Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act; or

(ii) Section 501(c)(3), Internal Revenue Code; and

(b) a science organization.

(11) "Outreach programming" means a type of educational service that is an in-depth classroom experience which includes hands-on activities that relates to a specific science core standard relevant to the classroom's grade level and takes place within a public school or charter school.

(12) "Procedural efficiency" means the organization delivers the educational service at the lowest cost possible.

(13) "Professional excellence" means the organization:

(a) has an educational team who are well-versed in current scientific knowledge and educational practices;

(b) provides educational services which are engaging, inspire curiosity, and interest in science;

(d) provides educational services which are accessible to all who participate, regardless of background or ability; and

(e) has a system in place for evaluating the effectiveness of the provided educational services and continuously improves them based on feedback and new research in science education.

(14)(a) "Program" means the system through which the Board grants money appropriated by the state to an organization to enable the organization to provide its expertise and resources through an educational service in the teaching of a science core standard.

(b) "Program" includes:

(i) the provisional program; and

(ii) the iSEE program;

(15) "Science organization" means a professional science organization that provides a science-related educational service in the state.

History

KEY: science, core standards, iSEE, grant programs
Date of Last Change: October 8, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-501

Utah Admin. Code R277-443-3 Program Application

(1) If the state appropriates money for a program, an organization may apply to receive money from a program:

(a) on an application form provided by the Superintendent; and

(b) during the fiscal year immediately before the fiscal year in which the organization is to receive the money.

(2) The application shall include:

(a) documentation that the organization is:

(i) a nonprofit corporation that has existed at least three consecutive years before the date of the application;

(ii) a science organization that has attained professional excellence in the discipline; and

(iii) fiscally responsible and can practice procedural efficiency;

(b) a description of the matching funds required by Subsection R277-443-4(2);

(i) the educational service that the organization will use the program money to provide; and

(ii) a budget designed for cost effectiveness to effectively provide the educational service; and

(d) any supplemental documentation to comply with state law and this rule as requested by the superintendent.

(3) The Superintendent shall evaluate and approve or deny an application based on:

(a) whether the organization meets the requirements of this rule; and

(b) how well the organization's educational service plan meets the purpose of this rule.

History

KEY: science, core standards, iSEE, grant programs
Date of Last Change: October 8, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-501

Utah Admin. Code R277-443-4 Grant General Provisions and Disbursement

(1) The Superintendent shall disburse the appropriated money to an organization in a form and manner consistent with Section 63G-6b-201 and 301 .

(2) An organization that receives money from a program shall have equal matching money from another source to support its delivery of an educational service.

(3)(a) An organization may not charge the school, teacher, or student a fee for the outreach programming for which the organization receives program money.

(b) An organization cannot charge a fee for any educational services that are supported by iSEE funding.

(4)(a) An organization may designate a city as the organization's fiscal agent if:

(i) the city's governing body oversees and monitors the organization and fiscal agent's compliance with program requirements;

(ii) the city complies with board rules;

(iii) the city and the organization use program money for required purposes described in this rule; and

(iv) the city and the organization have an agreement or contract in place regarding the designation of the city as the organization's fiscal agent.

(b) A city fiscal agent may not use program money:

(i) for the city's general administrative purposes; or

(ii) to fund administrative costs to act as the organization's fiscal agent.

(5) The final disbursement of funds may not be made until after the year-end report has been received.

History

KEY: science, core standards, iSEE, grant programs
Date of Last Change: October 8, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-501

Utah Admin. Code R277-443-5 Year-end Report - Evaluation -- Accountability -- Variations

(1)(a) An organization that receives money from a program shall submit a year-end report to the Superintendent by the required annual deadline.

(b) The year-end report shall include:

(i) documentation of the organization's nonprofit status;

(ii) a budget expenditure report and income source report using a form provided by the Superintendent, including a report and accounting of matching funds and a fee charged, if any, for an educational service;

(iii) a summary of the program's performance measures;

(iv) a record of the dates and places of all educational services provided, the number of hours of educational service per LEA, school, and classroom, as applicable, with the number of students and teachers served, including:

(A) documentation of the schools that have been offered an opportunity to receive outreach programming over a three year period, to the extent possible and consistent with the organization's plan;

(B) a description of the outreach programming, including the content and effective science instructional practices, that are relevant to the grade level being served and a core standard;

(C) a brief description of the educational service provided through the program, and if requested, copies of any material developed; and

(D) a description of how the educational service contributed to a student developing and using the knowledge, skills, and dispositions defined in a science core standard;

(v) a summary of the organization's evaluation of:

(A) cost effectiveness;

(B) procedural efficiency;

(D) educational soundness; and

(E) professional excellence.

(vi) a description of the results of an evaluation system as prescribed by the Superintendent and any implemented improvements based on feedback and new research in science education.

(2) The Superintendent may visit an organization to evaluate the effectiveness and preparation of the organization:

(a) before the Superintendent approves an application;

(b) before disbursing money; and

(3)(a) In addition to the year-end report required by Subsection (1), the Superintendent may require an evaluation or a monitoring procedure demonstrating use of money consistent with state law and this rule.

(b) If the Superintendent finds that an organization did not use money received from a program consistent with state law and this rule, the Board may:

(i) reduce or eliminate the grant to the organization in the current fiscal year;

(ii) deny an organization's participation in a program in a future fiscal year; or

(iii) impose any other consequence the Board deems necessary to ensure the proper use of public funds.

(4)(a) An organization may not deviate from the approved educational service plan for which the organization receives money unless:

(i) the organization submits a written request for variation to the Superintendent;

(ii) the organization receives approval from the Superintendent for the variation; and

(iii) the variation is consistent with state law and this rule.

(b) An organization shall describe the nature and justification for a variation approved under Subsection (4)(a) in a year-end report.

(5) The Superintendent shall ensure that participating LEAs receive educational services in a balanced and comprehensive manner over a three year period.

(6) The year-end report shall only include the educational services that are supported by iSEE funding.

History

KEY: science, core standards, iSEE, grant programs
Date of Last Change: October 8, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-501

Utah Admin. Code R277-443-6 Provisional Program Requirements

(1) Through the provisional program, and pending legislative funding, the Board may grant an organization money to enable the organization to:

(a) develop outreach programming that is sound;

(b) increase the number of students or teachers who receive outreach programming; or

(2) An organization may apply for a provisional program grant each year for up to five years if the organization demonstrates an increase in the educational service between the year-end report and the proposed educational service plan described in the application.

(3)(a) A science organization may apply for the iSEE program if the organization:

(i) has successfully participated in the provisional program for three consecutive years in which the state appropriates money to the provisional program;

(ii) has educational staff and the capacity to deliver outreach programming state-wide; and

(iii) demonstrates during participation in the provisional program:

(A) the quality and improvement of outreach programming;

(B) fiscal responsibility;

(D) procedural efficiency;

(E) collaborative practices;

(F) educational soundness; and

(G) professional excellence.

(b) An organization shall submit a letter of intent to transition from the provisional program to the iSEE program to the Superintendent by October 1 of the calendar year immediately before the calendar year in which the organization submits the application for the iSEE program.

History

KEY: science, core standards, iSEE, grant programs
Date of Last Change: October 8, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-501

Utah Admin. Code R277-443-7 iSEE Program Requirements

(1)(a) Through the iSEE program, the Superintendent may grant money to a science organization to provide an educational service state-wide.

(b) A grant from the iSEE program is ongoing, subject to the review required by Subsection (3).

(2) An organization that receives money from the iSEE program may not receive money from the Provisional program in the same fiscal year.

(3)(a) At least once every four years, the Superintendent shall review and evaluate all organizations' participation in the iSEE program, which may include:

(i) evaluation of an educational service plan, or year-end report;

(ii) attendance at outreach or a site visit; and

(iii) financial monitoring.

(b) The Superintendent shall:

(i) report to the Board the results of the review and evaluation; and

(ii) make a recommendation to the Board regarding an organization's continued participation in the program based on how well the organization fulfills the purpose of this rule.

(4) iSEE organizations shall provide outreach programming as the primary focus, while other educational services are considered secondary. iSEE funding may be used for other educational services, but only as an adjunct to outreach programming.

(5) Each Utah school with the relevant science core standard of an iSEE program shall be offered an opportunity to receive that program's outreach programming at least once every three years.

(6) An iSEE program organization shall comply with state law.

History

KEY: science, core standards, iSEE, grant programs
Date of Last Change: October 8, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-501

R277-444 Distribution of Money to Arts Organizations

Utah Admin. Code R277-444-1 Authority, Purpose, and Oversight Category

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision of the public school system with the Board;

(b) Subsection 53E-3-401(4), which allows the Board to adopt rules in accordance with its responsibilities; and

(c) Section 53E-3-501, which directs the Board to establish rules and standards for the public schools, including curriculum and instruction requirements.

(2) The purpose of this rule is to provide for the distribution of money appropriated by the state to an arts organization that:

(a) provides an educational service to a student or teacher; and

(b) facilitates a student developing and using the knowledge, skills, and appreciation defined in an arts core standard.

(3) This Rule R277-444 is categorized as Category 3 as described in Rule R277-111.

History

KEY: arts, science, core standards , POPS, grant program
Date of Last Change: October 8, 2024
Notice of Continuation: April 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-501

Utah Admin. Code R277-444-2 Definitions

(1) "Arts organization" means a professional artistic organization that provides an educational service related to dance, music, drama, art, visual art, or media art in the state.

(2) "City" has the same meaning as that term is defined in Subsection 10-1-104(1).

(3) "Community" means the group of persons that have an interest or involvement in the education of a person in kindergarten through grade 12, including:

(a) a student, parent, teacher, and administrator; and

(b) an association or council that represents a person described in Subsection (2)(a).

(4) "Core standard" means a standard:

(a) established by the Board in Rule R277-700 as required by Section 53E-3-501; and

(b) that defines the knowledge and skills a student should have in kindergarten through grade 12 to enable a student to be prepared for college or workforce training.

(5) "Cost effectiveness" means:

(a) maximization of the educational potential of the resources available through the organization; and

(b) not using money received through a program for the necessary maintenance and operational costs of the organization.

(6)(a) "Educational service" means an in-depth instructional workshop, demonstration, presentation, performance, residency, tour, exhibit, teacher professional development, side-by-side mentoring, or hands-on activity that:

(i) relates to an arts core standard;

(ii) except as provided in Subsection (6)(b), takes place in a public school, charter school, professional venue, or a facility;

(b) "Educational service" may include a distance experience that is provided from a remote location, or that take place outside of the regular school day, if done in addition to the requirements of Subsection (6)(a).

(7) "Educational soundness" means an educational service that:

(a) is designed for the community and grade level being served, including a suggested preparatory activity and a follow-up activity that are relevant to a core standard;

(b) features literal interaction of a student or teacher with an artist;

(d) shows continuous improvement guided by analysis of an evaluative tool.

(8) "Fiscal agent" means a city that:

(a) is designated by an organization as described in Subsection R277-444-4(5); and

(b) acts on behalf of an organization to perform financial or compliance duties.

(9) "Hands-on activity" means an activity that includes active involvement of a student with an artist or scientist, ideally with material provided by the organization.

(10) "Organization" means:

(a) a nonprofit corporation organized under:

(i) Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act; or

(ii) Section 501(c)(3), Internal Revenue Code; and

(b) an arts organization.

(11) "Procedural efficiency" means the organization delivers the educational service at the lowest cost possible.

(12) "Professional excellence" means the organization:

(a) has been juried or reviewed, based on criteria for artistic or scientific excellence, by a panel of recognized and qualified critics in the appropriate discipline;

(b) has received a recognition of excellence through an award, a prize, a grant, a commission, or an invitation to participate in a recognized series of presentations in a well-known venue;

(c) includes a recognized and qualified professional in the appropriate discipline who has created an artistic project or composition specifically for the organization to present; or

(d) any combination of criteria described in Subsections (13)(a) through (c).

(13) "Professional outreach programs in the schools program" or "POPS program" means a program described in Section R277-444-7 for which an arts organization may apply to receive money appropriated by the state.

(b) "Program" includes:

(i) the provisional program;

(ii) the POPS program; and

(iii) the Subsidy program.

History

KEY: arts, science, core standards , POPS, grant program
Date of Last Change: October 8, 2024
Notice of Continuation: April 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-501

Utah Admin. Code R277-444-3 Program Application

(1) If the state appropriates money for a program, an organization may apply to receive money from a program:

(a) on an application form provided by the Superintendent; and

(b) during the fiscal year immediately before the fiscal year in which the organization is to receive the money.

(2) The application shall include:

(a) documentation that the organization is:

(i) a non-profit corporation that has existed at least three consecutive years before the date of the application;

(ii) an arts organization or a science organization that has attained professional excellence in the discipline;

(iii) fiscally responsible; and

(iv) can practice procedural efficiency.

(b) a description of the matching funds required by Subsection R277-444-4(3);

(i) the educational service that the organization will use the program money to provide; and

(ii) a plan to creatively and effectively provide the educational service ; and

(d) any supplemental documentation to comply with state law and this rule as requested by the Superintendent.

(3) The Superintendent shall evaluate and approve or deny an application based on:

(a) whether the organization meets the requirements of this rule; and

(b) how well the organization's educational service plan meets the purpose of this rule.

History

KEY: arts, science, core standards , POPS, grant program
Date of Last Change: October 8, 2024
Notice of Continuation: April 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-501

Utah Admin. Code R277-444-4 Grant General Provisions and Disbursement

(1) The Superintendent shall disburse the appropriated money to an organization consistent with Sections 63G-6b-201 and 63G-6b-301.

(2) An organization that receives money from a program shall have equal matching money from another source to support its delivery of an educational service.

(3)(a) Except as provided by Subsection (4)(b), an organization may not charge the school, teacher, or student a fee for the educational service for which the organization receives program money.

(b) An organization that receives money from the Subsidy program may charge a fee for an educational service.

(4)(a) An organization may designate a city as the organization's fiscal agent if:

(i) the city's governing body oversees and monitors the organization and fiscal agent's compliance with program requirements;

(ii) the city complies with Board rules;

(iii) the city and the organization use program money for required purposes described in this rule; and

(iv) the city and the organization have an agreement or contract in place regarding the designation of the city as the organization's fiscal agent.

(b) A city fiscal agent may not use program money:

(i) for the city's general administrative purposes; or

(ii) to fund administrative costs to act as the organization's fiscal agent.

(5) An artist, or entity hired or sponsored by an organization to provide an educational service shall comply with the procedures and requirements of this rule.

(6) The final disbursement of funds may not be made until after the year-end report has been received.

History

KEY: arts, science, core standards , POPS, grant program
Date of Last Change: October 8, 2024
Notice of Continuation: April 15, 2025
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-3-501

Utah Admin. Code R277-444-5 Year-end Report - Evaluation -- Accountability -- Variations

(1)(a) An organization that receives money from a program shall submit a year-end report to the Superintendent by the required annual deadline.

(b) The year-end report shall include:

(i) documentation of the organization's non-profit status;

(iii) a record of the dates and places of all educational services provided, the number of hours of educational service per LEA, school, and classroom, as applicable, with the number of students and teachers served, including:

(A) documentation of the schools that have been offered an opportunity to receive an educational service over a three year period, to the extent possible and consistent with the organization's plan;

(B) documentation of collaboration with the Superintendent and the community in planning the educational service, including the content, a preparatory activity, and a follow-up activity that are relevant to a core standard;

(C) a brief description of the educational service provided through the program, and if requested, copies of any material developed; and

(D) a description of how the educational service contributed to a student developing and using the knowledge, skills, and appreciation defined in an arts standard;

(iv) a summary of the organization's evaluation of:

(A) cost-effectiveness;

(B) procedural efficiency;

(D) educational soundness; and

(E) professional excellence; and

(v) a description of the results of an evaluation system prescribed by the Superintendent and any implemented improvements based on feedback.

(2) The Superintendent may visit an organization to evaluate the effectiveness and preparation of the organization:

(a) before the Superintendent approves an application;

(b) before disbursing money; and

(3)(a) In addition to the year-end report required by Subsection (1), the Superintendent may require an evaluation or an audit procedure from an organization demonstrating use of money consistent with state law and this rule.

(b) If the Superintendent finds that an organization did not use money received from a program consistent with state law and this rule, the Superintendent may: