Education, Administration

Section R277-604-1

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 33748
Filed: 06/15/2010 07:31:20 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R277-604-1 is amended to provide for changes in H.B. 166, 2010 Legislative Session, which suspend administration of the Utah Basic Skills Competency Test (UBSCT) for at least two years. (DAR NOTE: H.B. 166 (2010) is found at Chapter 305, Laws of Utah 2010, and was effective 05/11/2010.)

Summary of the rule or change:

The amendment provides language suspending the UBSCT for at least two years.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Participation in Utah public school achievement testing is coordinated through school districts.

local governments:

There are no anticipated costs or savings to local government. Utah public school achievement testing will still take place consistent with Rule R277-604, with the exception of the UBSCT for at least two years.

small businesses:

There are no anticipated costs or savings to small businesses. Utah public school achievement testing will still take place consistent with Rule R277-604, with the exception of the UBSCT for at least two years.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. Students enrolled in private schools, home schools, electronic high schools, and Utah Bureau of Indian Affairs students may still participate in Utah public school achievement testing, consistent with Rule R277-604, with the exception of the UBSCT for at least two years.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Utah public school achievement testing will still take place consistent with Rule R277-604, with the exception of the UBSCT for at least two years.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/02/2010

This rule may become effective on:

08/09/2010

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-604. Private School, Home School, Electronic High School (EHS), and Bureau of Indian Affairs (BIA) Student Participation in Public School Achievement Tests.

R277-604-1. Definitions.

A. Utah Basic Skills Competency Test (UBSCT) means the test required under Section 53A-1-611 for Utah students seeking a high school diploma (suspended through at least the 2011-2012 school year).

B. "Private school" means a school that is not a public school but:

(1) has a location or space in Utah where teachers have regularly scheduled face-to-face classes with students;

(2) has a current business license through the Utah Department of Commerce;

(3) is accredited through Northwest or another regional accrediting agency;

(4) has and makes available a written policy for maintaining and securing student records;

(5) charges tuition generally consistent with other private schools in Utah; and

(6) employs teachers with licenses, credentials or demonstrable skills and expertise for instructing students in Core Curriculum courses or areas.

C. "Home school student" means a student who has been excused from compulsory education and for whom documentation has been completed under 53A-11-102.

D. "Public school achievement test" means a standardized test which measures or attempts to measure the level of performance which a student has attained in one or more courses of study. Achievement tests shall mean criterion-referenced tests consistent with 53A-1-602(3)(b)(c) and (d).

 

KEY: home school, private school, electronic high school, achievement tests

Date of Enactment or Last Substantive Amendment: [November 9, 2006]2010

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1-603(1)(a)