53A-2-206. Interstate compact students -- Inclusion in attendance count -- Funding
for foreign exchange students -- Annual report -- Requirements for exchange student
agencies.
(1) A school district or charter school may include the following students in the district's
or school's membership and attendance count for the purpose of apportionment of state monies:
(a) a student enrolled under an interstate compact, established between the State Board of
Education and the state education authority of another state, under which a student from one
compact state would be permitted to enroll in a public school in the other compact state on the
same basis as a resident student of the receiving state; or
(b) a student receiving services under the Compact on Placement of Children.
(2) (a) A school district or charter school may include foreign exchange students in the
district's or school's membership and attendance count for the purpose of apportionment of state
monies, except as provided in Subsections (2)(b) through (e).
(b) (i) Notwithstanding Section 53A-17a-106, foreign exchange students may not be
included in average daily membership for the purpose of determining the number of weighted
pupil units in the grades 1-12 basic program.
(ii) Subject to the limitation in Subsection (2)(c), the number of weighted pupil units in
the grades 1-12 basic program attributed to foreign exchange students shall be equal to the
number of foreign exchange students who were:
(A) enrolled in a school district or charter school on October 1 of the previous fiscal
year; and
(B) sponsored by an agency approved by the district's local school board or charter
school's governing board.
(c) (i) The total number of foreign exchange students in the state that may be counted for
the purpose of apportioning state monies under Subsection (2)(b) shall be the lesser of:
(A) the number of foreign exchange students enrolled in public schools in the state on
October 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, Chapter
3, Utah Administrative Rulemaking Act, to administer the cap on the number of foreign
exchange students that may be counted for the purpose of apportioning state monies under
Subsection (2)(b).
(d) Notwithstanding Sections 53A-17a-133 and 53A-17a-134, weighted pupil units in the
grades 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 guarantee
money under the voted or board leeway programs.
(e) Notwithstanding Section 53A-17a-125, foreign exchange students may not be
included in enrollment when calculating student growth for the purpose of adjusting the annual
appropriation for retirement and Social Security.
(3) A school district or charter school may:
(a) enroll foreign exchange students that do not qualify for state monies; and
(b) pay for the costs of those students with other funds available to the school district or
charter 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 enroll
foreign exchange students, as provided in Subsection (3), particularly in schools with declining
or stable enrollments where the incremental cost of enrolling the foreign exchange student may
be minimal.
(5) The board shall make an annual report to the Legislature on the number of exchange
students and the number of interstate compact students sent to or received from public schools
outside the state.
(6) (a) A local school board or charter school governing board shall require each
approved exchange student agency to provide it with a sworn affidavit of compliance prior to the
beginning 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 been
made of each household where an exchange student is to reside, and that the study was of
sufficient scope to provide reasonable assurance that the exchange student will receive proper
care and supervision in a safe environment;
(iii) that host parents have received training appropriate to their positions, including
information about enhanced criminal penalties under Subsection 76-5-406(10) for persons who
are in a position of special trust;
(iv) that a representative of the exchange student agency shall visit each student's place
of 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 that
no exchange student becomes an unreasonable burden upon the public schools or other public
agencies;
(vi) that each exchange student will be given in the exchange student's native language
names and telephone numbers of agency representatives and others who could be called at any
time if a serious problem occurs; and
(vii) that alternate placements are readily available so that no student is required to
remain in a household if conditions appear to exist which unreasonably endanger the student's
welfare.
(7) (a) A local school board or charter school governing board shall provide each
approved exchange student agency with a list of names and telephone numbers of individuals not
associated with the agency who could be called by an exchange student in the event of a serious
problem.
(b) The agency shall make a copy of the list available to each of its exchange students in
the exchange student's native language.
Amended by Chapter 382, 2008 General Session
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Last revised: Thursday, May 28, 2009