1. (1) This rule is authorized by:

   1. (a) Utah Constitution Article X, Section 3, which vests general control and supervision of public education in the Board;
   2. (b) Title III; and
   3. (c) Subsection 53E-3-401(4), which allows the Board to adopt rules in accordance with its responsibilities.

2. (2) The purpose of this rule is:

   1. (a) to address the requirements of Title III and implementing regulations and case law;

   2. (b) to clearly define the respective responsibilities of the Superintendent and LEAs:

      1. (i) in identifying students learning English who are currently enrolled in Utah schools; and
      2. (ii) in providing evidence-based language instruction educational programs to identified students; and

   3. (c) to:

      1. (i) meet Title III requirements;
      2. (ii) meet funding eligibility requirements; and
      3. (iii) appropriately distribute Title III funds for students learning English to LEAs with approved plans in the Utah Grants Management System.

KEY: alternative language services

Date of Last Change: February 9, 2026

Notice of Continuation: December 15, 2025

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)