53A-2-206 - Interstate compact students -- Inclusion in attendance count -- Funding for foreign exchange students -- Annual report -- Requirements for exchange student agencies.
53A-2-206. Interstate compact students -- Inclusion in attendance count -- Fundingfor foreign exchange students -- Annual report -- Requirements for exchange studentagencies.
(1) A school district or charter school may include the following students in the district'sor school's membership and attendance count for the purpose of apportionment of state money:
(a) a student enrolled under an interstate compact, established between the State Board ofEducation and the state education authority of another state, under which a student from onecompact state would be permitted to enroll in a public school in the other compact state on thesame basis as a resident student of the receiving state; or
(b) a student receiving services under Title 62A, Chapter 4a, Part 7, Interstate Compacton Placement of Children.
(2) (a) A school district or charter school may include foreign exchange students in thedistrict's or school's membership and attendance count for the purpose of apportionment of statemoney, except as provided in Subsections (2)(b) through (e).
(b) (i) Notwithstanding Section 53A-17a-106, foreign exchange students may not beincluded in average daily membership for the purpose of determining the number of weightedpupil units in the grades 1-12 basic program.
(ii) Subject to the limitation in Subsection (2)(c), the number of weighted pupil units inthe grades 1-12 basic program attributed to foreign exchange students shall be equal to thenumber of foreign exchange students who were:
(A) enrolled in a school district or charter school on October 1 of the previous fiscalyear; and
(B) sponsored by an agency approved by the district's local school board or charterschool's governing board.
(c) (i) The total number of foreign exchange students in the state that may be counted forthe purpose of apportioning state money under Subsection (2)(b) shall be the lesser of:
(A) the number of foreign exchange students enrolled in public schools in the state onOctober 1 of the previous fiscal year; or
(B) 328 foreign exchange students.
(ii) The State Board of Education shall make rules in accordance with Title 63G, Chapter3, Utah Administrative Rulemaking Act, to administer the cap on the number of foreignexchange students that may be counted for the purpose of apportioning state money underSubsection (2)(b).
(d) Notwithstanding Sections 53A-17a-133 and 53A-17a-134, weighted pupil units in thegrades 1-12 basic program for foreign exchange students, as determined by Subsections (2)(b)and (c), may not be included for the purposes of determining a school district's state guaranteemoney under the voted or board leeway programs.
(e) Notwithstanding Section 53A-17a-125, foreign exchange students may not beincluded in enrollment when calculating student growth for the purpose of adjusting the annualappropriation for retirement and Social Security.
(3) A school district or charter school may:
(a) enroll foreign exchange students that do not qualify for state money; and
(b) pay for the costs of those students with other funds available to the school district orcharter school.
(4) Due to the benefits to all students of having the opportunity to become familiar with
individuals from diverse backgrounds and cultures, school districts are encouraged to enrollforeign exchange students, as provided in Subsection (3), particularly in schools with decliningor stable enrollments where the incremental cost of enrolling the foreign exchange student maybe minimal.
(5) The board shall make an annual report to the Legislature on the number of exchangestudents and the number of interstate compact students sent to or received from public schoolsoutside the state.
(6) (a) A local school board or charter school governing board shall require eachapproved exchange student agency to provide it with a sworn affidavit of compliance prior to thebeginning of each school year.
(b) The affidavit shall include the following assurances:
(i) that the agency has complied with all applicable policies of the board;
(ii) that a household study, including a background check of all adult residents, has beenmade of each household where an exchange student is to reside, and that the study was ofsufficient scope to provide reasonable assurance that the exchange student will receive propercare and supervision in a safe environment;
(iii) that host parents have received training appropriate to their positions, includinginformation about enhanced criminal penalties under Subsection 76-5-406(10) for persons whoare in a position of special trust;
(iv) that a representative of the exchange student agency shall visit each student's placeof residence at least once each month during the student's stay in Utah;
(v) that the agency will cooperate with school and other public authorities to ensure thatno exchange student becomes an unreasonable burden upon the public schools or other publicagencies;
(vi) that each exchange student will be given in the exchange student's native languagenames and telephone numbers of agency representatives and others who could be called at anytime if a serious problem occurs; and
(vii) that alternate placements are readily available so that no student is required toremain in a household if conditions appear to exist which unreasonably endanger the student'swelfare.
(7) (a) A local school board or charter school governing board shall provide eachapproved exchange student agency with a list of names and telephone numbers of individuals notassociated with the agency who could be called by an exchange student in the event of a seriousproblem.
(b) The agency shall make a copy of the list available to each of its exchange students inthe exchange student's native language.
(8) Notwithstanding Subsection (2)(c)(i), a school district or charter school shall enroll aforeign exchange student if the foreign exchange student:
(a) is sponsored by an agency approved by the State Board of Education;
(b) attends the same school during the same time period that another student from theschool is:
(i) sponsored by the same agency; and
(ii) enrolled in a school in a foreign country; and
(c) is enrolled in the school for one year or less.
Amended by Chapter 349, 2010 General Session