Committee continues rule banning enrollment incentives for LEAs and third-party providers

2250689 · February 9, 2025

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Summary

The licensing committee voted unanimously to continue and approve proposed administrative rule R277-417, which prohibits local education agencies and third-party providers from offering incentives or disbursements to recruit students into programs. Staff recommended no substantive changes during the rule's five-year review.

The Utah State Board of Education licensing committee voted unanimously to continue and approve draft amendments to Administrative Rule R277-417, which prohibits local education agencies (LEAs) and third-party providers from offering incentives or disbursements tied to enrollment or program participation.

Ben Rasmussen, director of law and professional practices, told the committee the rule is up for its five-year review and staff recommended no substantive changes other than adding an oversight category and making technical edits. "This would be a category 2 with no staff assigned to it, but staff willing to work with LEAs if they have questions on the requirements on the incentives," Rasmussen said.

Committee members asked for clarification on the rule's definition of "program" and whether the provision would cover extracurricular activities such as sports. Rasmussen and staff said the rule—framed around curricular objectives—would not apply to athletics overseen by the High School Activities Association; examples include online courses or curricular programs offered to recruit students.

Vice Chair Bollinger moved to continue and approve R277-417 on first reading and forward it to the board for continuation and approval on second and final reading; the committee voted unanimously.

Rasmussen said staff will update cross references and effective dates in the rule package before the board's next reviews.