53G-10-606. Provisions applicable to participating students, staff in an opportunity class, innovation programs, and LEAs.

362 words·~2 min read·/ut/title-53g/chapter-10/53g-10-606

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

Effective 5/4/2022

(1)A participating student may use a transportation service offered to students who are not participating students if:

(a)the participating student uses the transportation service on the same basis and at the same times as the transportation service is offered to students who are not participating students; or

(b)the innovation program provides for:

(i)the participating student's use of the transportation service; and

(ii)payment of the additional cost of the transportation service attributable to the participating student's use of the transportation service.

(2)A participating student:

(a)shall be enrolled in the LEA where the opportunity class is operating; and

(b)is counted as any other student who is not a participating student for purposes of calculating educational funding apportioned to the LEA.

(a)A participating student is subject to a state assessment, as defined in Section 53E-4-301 , to the same extent as a student who is not a participating student.

(b)The results of state assessment taken by participating students may not be included in assessment results for the school or LEA unless the test results are required to be included in the school or LEA assessment results by:

(i)the approved innovation program; or

(ii)applicable law.

(4)A teacher or other staff member who teaches or works in an opportunity class:

(a)is an employee of the LEA where the opportunity class is located; and

(b)shall receive compensation and other benefits available generally to an individual employed in a comparable position in the LEA.

(5)An opportunity class shall comply with:

(a)provisions of the approved innovation program; and

(b)all applicable federal, state, and local laws prohibiting discrimination or governing the safety of students and teachers.

(6)An LEA:

(a)shall apportion education funds for instructional use of participating students in an amount substantially similar to funds apportioned for instructional use of comparable students who are not participating students; and

(b)is responsible to provide to participating students only the services described in the approved innovation program.

Enacted by Chapter 236 , 2022 General Session