Education, Administration

Rule R277-404

Requirements for Assessments of Student Achievement

Notice of Proposed Rule

(New Rule)

DAR File No.: 34812
Filed: 05/16/2011 06:36:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for this new rule is to provide standards and procedures for a Utah State Board of Education developed and directed comprehensive assessment system for all students as required by state and federal law.

Summary of the rule or change:

The new rule provides definitions, Utah State Board of Education responsibilities, local education agency responsibilities, and school responsibilities for a statewide assessment system.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Sections 53A-1-603 through 53A-1-611
• Art X, Sec 3

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to the state budget. The new rule provides all elements and requirements of the Utah Assessment System including required assessments for which funding is provided.

local governments:

There are no anticipated cost or savings to local government. This rule brings together all required statewide assessments.

small businesses:

There are no anticipated cost or savings to small businesses. This new rule applies to public education and does not directly affect businesses.

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

There are no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. Legislative funding is provided for development of a statewide comprehensive assessment system for all students. The rule brings together all statewide assessments in one rule.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Legislative funding is provided for development of a comprehensive assessment system for all students. The rule identifies all assessments for parents, students, and taxpayers.

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 carol.lear@schools.utah.gov

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:

07/01/2011

This rule may become effective on:

07/08/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-404. Requirements for Assessments of Student Achievement.

R277-404-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "Criterion-Referenced test (CRT)" means a test to measure performance against a specific standard. The meaning of the scores is not tied to the performance of other students.

C. "Direct Writing Assessment (DWA)" means a USOE designated online test to measure writing performance for students in grades five and eight.

D. "English Language Learner (ELL) student" means a student who is learning in English as a second language.

E. "English Language Proficiency Test (ELPT)" means an assessment designed to measure the acquisition of the English language for English Language Learners.

F. "Individualized Education Program (IEP)" means an individualized instructional and assessment plan for students who are eligible for special education services under the Individuals with Disabilities Education Act of 2004.

G. "LEA" means local education agency, including local school boards/ public school districts and schools, and charter schools.

H. "National Assessment of Education Progress (NAEP)" is the national achievement assessment administered by the United States Department of Education to measure and track student academic progress.

I. "Pre-post" means an assessment administered at the beginning of the school year and at the end of the school year to determine individual student growth in achievement which has occurred during the school year.

J. "Section 504 accommodation plan" required by Section 504 of the Rehabilitation Act of 1973, means a plan designed to accommodate an individual who has been determined, as a result of an evaluation, to have a physical or mental impairment that substantially limits one or more major life activities.

K. "Summative adaptive assessments" means assessments administered to assess a student's achievement. The assessments are administered online to measure the full range of student ability by adapting to each student's responses, selecting more difficult questions when a student answers correctly and less difficult questions when a student answers incorrectly. Summative assessments provide summary information allowing a student or groups of students to be compared with other students.

L. "Utah Alternate Assessment (UAA)" means an assessment instrument for students in special education with disabilities so severe they are not able to participate in the components of U-PASS even with testing accommodations or modifications. The UAA measures progress on the common core instructional goals and objectives in the student's individual education program (IEP).

M. "USOE" means the Utah State Office of Education.

 

R277-404-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Sections 53A-1-603 through 53A-1-611 which direct the Board to adopt rules for the conduct and administration of U-PASS, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to provide consistent definitions and to provide standards and procedures for a Board developed and directed comprehensive assessment system for all students as required by state and federal law.

 

R277-404-3. Board Responsibilities.

A. Beginning in the 2011-2012 school year, the Board shall implement a comprehensive assessment system for each student in grades K-12. This assessment system shall include:

(1) Criterion-Referenced tests in English language arts for grades 3 - 11; mathematics for grades 3 - 12 and science for grades 4 - 8, earth systems, biology, physics and chemistry OR summative adaptive assessments in reading, language arts, mathematics and science for grades 3-12;

(2) Direct Writing Assessment (DWA) for grades 5 and 8;

(3) Pre-post kindergarten assessment for kindergarten-age students as determined by the LEA;

(4) one benchmark reading assessment determined by USOE for 1st, 2nd and 3rd grade students in the beginning, midpoint and end of year;

(5) Third grade summative end of year reading assessment;

(6) Utah Alternate Assessment (UAA);

(7) English Language Proficiency Test (ELPT); and

(8) National Assessment of Educational Progress (NAEP).

B. The Board shall provide specific rules, administrative guidelines, timelines, procedures, and testing ethics training and requirements for all required assessments.

C. Schools must declare their decision to replace the Criterion-Referenced tests with the adaptive summative test no later than August 1 for the coming year.

D. The Board shall provide resources to the extent available and recommendations for:

(1) LEA implementation of the assessment system; and

(2) professional development for teachers to administer assessments and interpret assessment results.

E. All Utah public school students shall participate in the comprehensive assessment system unless the UAA or ELPT is approved for specific students consistent with federal law.

 

R277-404-4. LEA Responsibilities.

LEAs shall develop a comprehensive assessment system plan to include the assessments described in R277-404-3A. This plan shall, at a minimum, include:

A. professional development for teachers to fully implement the assessment system;

B. training for educators and appropriate paraprofessionals in the requirements of testing administration ethics;

C. training for educators and appropriate paraprofessionals to utilize assessment results effectively to inform instruction; and

D. adherence to all testing administration and ethics requirements consistent with R277-473.

 

R277-404-5. School Responsibilities.

A. LEAs shall develop a comprehensive assessment system implementation plan to include the assessments required under R277-404-3A. This plan shall, at a minimum, include:

(1) professional development for teachers and others as directed by the LEA to fully implement system;

(2) training for educators and appropriate paraprofessionals in the requirements of testing administration ethics;

(3) training to utilize assessment tools and results to inform instruction; and

(4) adherence to all testing administration and ethics requirements consistent with R277-473.

B. A student's IEP, ELL, or Section 504 team shall determine a student's participation in statewide assessments.

 

KEY: assessment, student achievement

Date of Enactment or Last Substantive Amendment: 2011

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-603 through 53A-1-611; 53A-1-401(3)