53F-2-102. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2026

As used in this chapter:

(1)"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 the student is enrolled in.

(2)"Basic state-supported school program," "basic program," or "basic school program" means public education programs for kindergarten, elementary, and secondary school students that are operated and maintained for the amount derived by multiplying the number of weighted pupil units for each LEA by the value established each year in the enacted public education budget, except as otherwise provided in this chapter.

(3)"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 through providing:

(a)high quality instruction for each student that includes direct interaction between a teacher and students;

(b)personalized learning supports for each student; and

(c)appropriate instructional delivery methods based on the student's enrollment type as defined in this section.

(a)"Instructional day" means:

(i)for students enrolled in an attendance-validated program, a school day on which an LEA provides educational services through scheduled periods with direct teacher interaction; or

(ii)for students enrolled in a learner validated program specifically designed for competency-based or self-paced learning, any day during which educational services are actively provided through the LEA's structured learning delivery system.

(b)"Instructional day" does not include:

(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.

(5)"Instructional hours" means:

(a)for students enrolled in an attendance-validated program, the hours in an instructional day during which an LEA provides educational services through scheduled instructional periods; or

(b)for students enrolled in a learner validated program, the equivalent hours of educational services made available to students, as measured by the LEA's continuing enrollment measurement requirements established in the LEA's written policy.

(6)"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 by attendance at scheduled instructional periods; and

(b)the LEA has established a written policy that:

(i)defines:

(A)continuing enrollment measurement requirements;

(B)standards for demonstrating academic progress;

(C)methods for calculating equivalent instructional hours; and

(D)procedures for ensuring equivalent educational rigor and support as provided in attendance-validated programs; and

(ii)meets any additional criteria the state board requires.

(a)"Minimum School Program" means the state-supported public school programs for kindergarten, elementary, and secondary schools as described in this Subsection (7).

(b)The Minimum School Program established in an LEA shall include the equivalent of a school term of nine months as determined by the state board.

(i)The state board shall establish:

(A)except as provided in Subsection (7)(c)(i)(B) , the number of instructional days or equivalent instructional hours that school is held for an academic school year, allowing flexibility for elementary, middle, and junior high schools to adapt schedules to align with high schools described in Subsection (7)(c)(i)(B) ; and

(B)for grades 9 through 12 that use an attendance-validated program, the number of credits required to graduate high school based on one credit representing at least 83 class hours, in lieu of a requirement of days or instructional hours.

(ii)Education, enhanced by utilization of technologically enriched delivery systems, when approved by an LEA governing board, shall receive full support by the state board as it pertains to fulfilling the attendance requirements, excluding time spent viewing commercial advertising.

(i)An LEA governing board may reallocate up to 32 instructional hours or four instructional days established under Subsection (7)(c) for teacher preparation time or teacher professional development.

(ii)A reallocation of instructional hours or instructional days under Subsection (7)(d)(i) is subject to the approval of two-thirds of the members of an LEA governing board voting in a regularly scheduled meeting:

(A)at which a quorum of the LEA governing board is present; and

(B)held in compliance with Title 52, Chapter 4, Open and Public Meetings Act .

(iii)If an LEA governing board reallocates instructional hours or instructional days as provided by this Subsection (7)(d), the LEA shall notify students' parents of the school calendar at least 90 days before the beginning of the school year.

(iv)Instructional hours or instructional days reallocated for teacher preparation time or teacher professional development in accordance with this Subsection (7)(d) is considered part of a school term referred to in Subsection (7)(b).

(e)The Minimum School Program includes a program or allocation funded by a line item appropriation or other appropriation designated as follows:

(i)Basic School Program;

(ii)Related to Basic Programs;

(iii)Voted and Board Levy Programs; or

(iv)Minimum School Program.

(8)"Pupil in average daily membership" or "ADM" means a full-day equivalent pupil.

(9)"Weighted pupil unit" or "WPU" means the unit of measure of factors that is computed in accordance with this chapter for the purpose of determining the costs of a program on a uniform basis for each LEA.

Amended by Chapter 194 , 2026 General Session