Utah Code § 53E-3-501 — Utah Code / Title 53E / Chapter 53E-3 / § 53E-3-501
§ 53E-3-501. State board to establish miscellaneous minimum standards for public schools.
Status: in_force

(1) The state board shall establish rules and minimum standards for the public schools that are consistent with this public education code, including rules and minimum standards governing the following: (a) (i) the qualification and certification of educators and ancillary personnel who provide direct student services; (ii) required school administrative and supervisory services; and (iii) the evaluation of instructional personnel; (b) (i) access to programs; (ii) attendance; (iii) competency levels; (iv) graduation requirements; and (v) discipline and control; (c) (i) school accreditation; (ii) the academic year; (iii) alternative and pilot programs; (iv) curriculum and instruction requirements; and (v) school libraries; (d) services to: (i) persons with a disability as defined by and covered under: (A) the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102; (B) the Rehabilitation Act of 1973, 29 U.S.C. Sec. 705(20)(A); and (C) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1401(3); and (ii) other special groups; (e) (i) state reimbursed bus routes; (ii) bus safety and operational requirements; and (iii) other transportation needs; (f) (i) school productivity and cost effectiveness measures; (ii) federal programs; (iii) school budget formats; and (iv) financial, statistical, and student accounting requirements; and (g) data collection and reporting by LEAs. (2) Except as provided in Subsection (3), the state board shall determine if: (a) the minimum standards have been met; and (b) required reports are properly submitted. (3) When the state board makes a request of an LEA under Subsection (1)(f) or (g), the state board shall include: (a) the justification for the requested information; (b) a statement confirming that the information is not available elsewhere; (c) a deadline by which the LEA must provide the information in accordance with state board rule; and (d) penalties, including withholding of funds, for non-compliance in accordance with state and federal law. (4) The state board may apply for, receive, administer, and distribute to eligible applicants funds made available through programs of the federal government. (5) (a) A technical college listed in Section 53H-3-1202 shall provide competency-based career and technical education courses that fulfill high school graduation requirements, as requested and authorized by the state board. (b) A school district may grant a high school diploma to a student participating in a course described in Subsection (5)(a) that is provided by a technical college listed in Section 53H-3-1202. (6) (a) As used in this Subsection (6), "generally accepted accounting principles" means a common framework of accounting rules and standards for financial reporting promulgated by the Governmental Accounting Standards Board. (b) Subject to Subsections (6)(c) and (d), the state board shall ensure the rules and standards described in Subsections (1)(f) and (g) allow for an LEA to make adjustments to the LEA's general entry ledger, in accordance with generally accepted accounting principles, to accurately reflect the LEA's use of funds for allowable costs and activities: (i) during a fiscal year; and (ii) at the close of a fiscal year. (c) If the state board determines under Subsection (2) that an LEA has not met the minimum standards described in Subsection (1)(f) or (g) or has not properly submitted a required report, the state board shall allow the LEA an opportunity to cure the relevant defect through an adjustment described in Subsection (6)(b). (d) An LEA may not, in an adjustment described in Subsection (6)(b), reflect the use of restricted federal or state funds for a cost or activity that is not an allowable cost or activity for the restricted funds. (7) (a) As used in this Subsection (7): (i) (A) "Comparable course" means a course that fulfills the same graduation credit requirements as a course for which a student seeks to improve a grade. (B) "Comparable course" does not include a course a student completes through the packet method. (ii) "Grade replacement" means credit a student earns by retaking a teacher-led course for a letter grade to improve a previous grade, which: (A) may raise the student's grade point average if the new grade is higher; and (B) replaces the lower grade on the student's transcript. (iii) "Original credit" means credit a student earns through the successful completion of a course for the first time. (iv) "Packet" means a collection of instructional materials and assessments used to receive credit through the packet method. (v) "Packet method" means an educational approach where: (A) a high school student receives a collection of instructional materials from an institution, organization, or LEA; (B) the high school student works through the materials independently with minimal or no direct instruction from a teacher; and (C) assessment is primarily based on completion of assignments within the instructional materials. (vi) "Replacement credit" means a pass-fail credit a student earns for a course the student did not pass or complete, which: (A) does not affect the student's grade point average; and (B) allows the student to fulfill high school graduation requirements. (b) An LEA may award a grade for original credit or replacement credit through the packet method if the packet adheres to the standards prescribed in state board rule and: (i) the LEA approves the packet for use as an instructional material in accordance with: (A) Subsection 53G-4-402(27) for a district school; or (B) Section 53G-5-404 for a charter school; or (ii) the state board recommends the packet after going through the state instructional materials process described in Title 53E, Chapter 4, Part 4, State Instructional Materials. (c) An LEA may not use the packet method, or classify a packet as original credit, to improve a previous course grade of a high school student as described in Subsection (7)(d). (d) A high school student may improve a grade through grade replacement by: (i) repeating a course one or more times; or (ii) enrolling in and completing a comparable course that is teacher-led. (e) The state board shall: (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules or policies that: (A) establish standards for the use of the packet method to award original credit and replacement credit; (B) include alignment with core standards the state board establishes under Sections 53E-3-501 and 53E-4-202; and (C) maintain a comprehensive list of state board approved packets in the state board's Recommended Instructional Materials System on the state board's website; and (ii) report annually to the Education Interim Committee the number of students in each LEA who receive academic credit through the packet method. (f) An LEA shall: (i) assign a distinct course name and number for credit earned through the packet method to easily identify the use of the packet method on a student transcript; and (ii) track and record the number of packets an LEA uses to award original credit or replacement credit each school year.