File No. 34924
This rule was published in the July 1, 2011, issue (Vol. 2011, No. 13) of the Utah State Bulletin.
Notice of Proposed Rule
DAR File No.: 34924
Filed: 06/15/2011 03:58:10 PM
Purpose of the rule or reason for the change:
This rule is amended to make it consistent with the proposed new Rule R277-404, Requirements for Assessments of Student Achievement. (DAR NOTE: The proposed new Rule R277-404 was published under DAR No. 34812 in the June 1, 2011, issue of the Bulletin.)
Summary of the rule or change:
The amendments include adding new and amended definitions and adding and changing language throughout the rule regarding specific assessments and administration of those assessments.
State statutory or constitutional authorization for this rule:
- Subsection 53A-1-401(3)
- Subsection 53A-1-603(3)
Anticipated cost or savings to:
the state budget:
There are no anticipated costs or savings to the state budget. The amendments to this rule are procedural to align the rule with 2011 legislation and a new rule which do not result in costs or savings.
There are no anticipated costs or savings to local government. Procedural changes align this rule with legislation and a new rule and do not result in costs or savings.
There are no anticipated costs or savings to small businesses. This rule and the amendments to this rule apply to public education and do not affect businesses.
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. The amendments to this rule are procedural and align the rule with new legislation and a new rule which do not result in cost or savings to individuals.
Compliance costs for affected persons:
There are no compliance costs for affected persons. The amendments to this rule are procedural to align the rule with legislation and a new rule which do not result in compliance costs.
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
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@example.com
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:
This rule may become effective on:
Carol Lear, Director, School Law and Legislation
R277. Education, Administration.
R277-473. Testing Procedures.
A. "Advanced English Language Learner student"
means the student understands and speaks conversational and
academic English language. The student demonstrates reading
comprehension and writing skills but may need continued support
when engaged in complex academic tasks that require increasingly
academic language. The student is identified at the A level on the
UALPA but not proficiency on the English Language Arts (ELA)
CRT. B. "Basic skills course" means those courses
specified in Utah law for which CRT testing is required.
C]. "Board" means the Utah State Board of
D]. "Criterion Reference 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.
F]. "Days" for purposes of this rule means calendar
days unless specifically designated otherwise in this rule.
G]. "Direct Writing Assessment (DWA)" means a
USOE-designated online test to measure writing performance for
students in grades five and eight.
E]. [ "CS" means the USOE Computer Services
H. "Emergent English Language Learner student"
means the student understands and responds to basic social
conventions, simple questions, simple directions, and appropriate
level text. In general, the student speaks, reads, and writes using
single phrases or sentences with support. The student may begin to
use minimal academic vocabulary with support and participates in
classroom routines. The student is identified at the E level on the
UALPA. I. "Intermediate English Language Learner
student" means the student understands and speaks
conversational and academic English with decreasing hesitancy and
difficulty. The student is developing reading comprehension and
writing skills, with support. The student's English literacy
skills allow for demonstration of academic knowledge. The student
reads and writes independently for personal and academic
purposes, with some persistent errors. The student is identified
at the I level on the UALPA.
J]. "Last day of school" means the last day classes
are held in each school district/charter school.
K. "Norm-reference Test (NRT)" means a test where
the scores are based on comparisons with a nationally
representative group of students in the same grade. The meaning of
the scores is tied specifically to student performance relative to
the performance of the students in the norm group under very
specific testing conditions. L. "Pre-Emergent English Language Learner
student" means the student has limited or no understanding
of oral or written English, therefore will be participating by
listening. The student may demonstrate comprehension by using a
few isolated words or expressions of speech. The student
typically draws, copies, or responds verbally in his native
language to simple commands, statements and questions. The
student may begin to understand language in the realm of basic
communication. Reading and writing is significantly below grade
level. The student is identified at the P level on the
M]. "Protected test materials" means consumable and
nonconsumable test booklets,
test questions (items), directions for
administering the assessments and supplementary assessment
(e.g., videotapes)] designated as protected test
materials by the USOE. Protected test materials shall be used for
testing only and shall be secured where
they can be accessed by authorized personnel only.
N]. "Raw test results" means number correct out of
number possible, without scores being equated and scaled.
O]. "Standardized tests" means tests required,
consistent with [ Sections 53A-1-601 through 53A-1-611,] to be administered to all students in identified
subjects at the specified grade levels.
P]. "Utah Academic Proficiency Assessment (UALPA)"
means a USOE-designated test to determine the academic proficiency
and progress of English Language Learner students.
Q]. "Utah Alternative Assessment (UAA)" means a
USOE-designated test to [ measure students with disabilities] with severe
R]. "Utah Basic Skills Competency Test (UBSCT)"
means a USOE-designated test to be administered to Utah students
beginning in the tenth grade (suspended through at least the
2011-2012 school year) to include components in reading, writing,
and mathematics. Utah students shall satisfy the requirements of
the UBSCT, in addition to state and school district/charter school
graduation requirements, prior to receiving a high school diploma
that indicates a passing score on all UBSCT subtests unless
exempted consistent with R277-705-11.
S]. "USOE" means the Utah State Office of
R277-473-2. 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, Section 53A-1-603(3) which directs the Board to adopt rules for the conduct and administration of the testing programs and Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities.
B. The purpose of this rule is to provide
specific standards and procedures by which school districts/charter
schools shall [
handle] and administer standardized tests
R277-473-3. Time Periods for Administering and Returning Materials.
A. School districts/charter schools shall
administer assessments required under [
Section 53A-1-603 unless exempted consistent with Section
53A-1-603(5) and R277-705-11] and consistent with the following schedule:
(1) All CRTs and UAAs (elementary and
secondary, English language arts, math, science) shall be [
given] in a six week window beginning six weeks before
the last Monday of the end of the course.
(2) The Utah Basic Skills Competency Test
shall be [
given] Tuesday, Wednesday, and Thursday of the first
week of February and Tuesday, Wednesday, and Thursday of the third
week of October
(3) The fifth and eighth grade Direct
Writing Assessment shall be [
given] in a three week window beginning at least 14
weeks prior to the last day of school.
(4) The UALPA shall be administered to all
English Language Learner students identified as [
Pre-Emergent, Emergent, Intermediate and Advanced], or enrolled for the first time in the school
district at any time during the school year. The test shall be
administered once a year to show progress.[
The testing window is the school year.]
B. School districts/charter schools shall
answer sheets [
for the CRT tests] to the [ CS] Section of the USOE for scanning and scoring as
(1) School districts/charter schools shall
CRT, UAA and DWA] answer sheets to the USOE no later than five working
days after the last day of the testing window.
(2) School districts/charter schools shall return UBSCT answer sheets to the USOE no later than three days after the final make-up day .
(3) School districts/charter schools shall return UALPA
answer sheets to the USOE no later than May 15 for traditional
schedule schools and June 15 for year-round schedule
C]. When determining the date of
testing, schools on trimester schedules shall schedule
testing at the point in the course where students have
had approximately the same amount of instructional time as students
on a [ regular] schedule and provide the schedule to
Basic skills courses ending in the first trimester of the
year shall be assessed with the previous year's form of the
D]. Makeup opportunities shall be provided to students for
the Utah Basic Skills Competency Test according to the
(1) Students shall be allowed to participate in makeup tests if they did not participate to any degree in the Utah Basic Skills Competency Test or subtest(s) of the Utah Basic Skills Competency Test.
(2) School districts/charter schools shall determine acceptable reasons for student makeup eligibility which may include absence due to serious illness, absence due to family emergency, or absence due to death of family member or close friend.
(3) School districts/charter schools shall provide a makeup window not to exceed five days immediately following the last day of each administration of the Utah Basic Skills Competency Test.
(4) School districts/charter schools shall determine and notify parents in an appropriate and timely manner of dates, times, and sites of makeup opportunities for the Utah Basic Skills Competency Test .
R277-473-4. Security of Testing Materials.
A. All test questions and answers for all
standardized tests [
required under Sections 53A-1-601 through
53A-1-611,] shall be designated protected,
consistent with Section 63G-2-305(5), until released by the USOE. A
student's individual answer sheet
shall be available to parents under the federal
Family Educational Rights and Privacy Act (FERPA), 20 USC, Sec.
1232g; 34 CFR Part 99).
B. The USOE shall maintain a record of all of the protected test materials sent to the school districts/charter schools.
C. Each school district/charter school
shall maintain a record[
of the number of booklets] of all protected test
materials sent to each school in the district and charter school,
and shall submit the record to USOE upon request.
D. Each school district/charter school
shall ensure that all test materials are secured [
in an area where] only authorized personnel have access, or are returned to
USOE following testing as required by the USOE. Individual
educators shall not retain test materials, in either paper or
beyond the time period allowed for test
E. Individual schools within a school district and charter schools shall secure or return paper test materials within three working days of the completion of testing. Electronic testing materials shall be secured between administrations of the test, and shall be removed from teacher and student access immediately following the final administration of the test.
F. The USOE shall ensure that all test materials sent to a school district/charter school are returned as required by USOE, and may periodically audit school districts/charter schools to confirm that test materials are properly accounted for and secured.
G. School district/charter school employees and school personnel may not copy or in any way reproduce protected test materials without the express permission of the specific test publisher, including the USOE.
R277-473-5. Format for Electronic Submission of Data.
CS] shall communicate regularly with school districts/charter
schools regarding required formats for electronic submission of any
B. School districts/charter schools shall
ensure that any computer software for maintaining school
district/charter school data is[
, or can be made,] compatible with [ CS] requirements [ and shall report data as required by the USOE].
R277-473-6. Format for Submission of Answer Sheets and Other Materials.
A. The USOE shall provide a checklist to each school district/charter school with directions detailing the format in which answer documents are to be collected, reviewed, and returned to the USOE.
B. Each school district/charter school shall verify that all the requirements of the testing checklist have been met.
CRT d]ata may be submitted in batches in cooperation with the
assigned [ CS] data technician.
R277-473-7. Timing for Return of Results to School Districts/Charter Schools.
A. Scanning and scoring shall occur in the order data is received from the school districts/charter schools.
B. Consistent with Utah law, raw test results from all CRTs shall be returned to the school before the end of the school year.
C. Each school district/charter school
shall check all test results for each school within the district
and charter school and for the school district as a whole, verify
their accuracy with [
CS], and certify that they are prepared for publication
within two weeks of receipt of the data. Except in compelling
circumstances, as determined by the USOE, no changes shall be made
to school or school district data after this two week period.
Compelling circumstances may include:
(1) a natural disaster or other catastrophic occurrence (e.g., school fire) that precludes timely review of data; and
(2) resolution of a professional practices issue that may impede reporting of the data.
D. School districts/charter schools shall not release data until authorized to do so by the USOE.
R277-473-8. USOE and School Responsibilities for Crisis Indicators in State Assessments.
A. Students participating in state assessments may reveal intentions to harm themselves or others, that the student is at risk of harm from others, or may reveal other indicators that the student is in a crisis situation.
B. The USOE shall notify the school principal, counselor or other school or school district personnel who the USOE determines have legitimate educational interests, whenever the USOE determines, in its sole discretion, that a student answer indicates the student may be in a crisis situation.
C. As soon as practicable, the school district superintendent/charter school director, or designee shall be given the name of the individual contacted at the school regarding a student's potential crisis situation.
D. The USOE shall provide the school and district with a copy of the relevant written text.
E. Using their best professional judgment, school personnel contacted by USOE shall notify the student's parent, guardian or law enforcement of the student's expressed intentions as soon as practical under the circumstances.
F. The text provided by USOE shall not be part of the student's record and the school shall destroy any copies of the text once the school or district personnel involved in resolution of the matter determine the text is no longer necessary. The school principal shall provide notice to the USOE of the date the text is destroyed.
G. School personnel who contact a parent, guardian or law enforcement agency in response to the USOE's notification of potential harm shall provide the USOE with the name of the person contacted and the date of the contact within three business days from the date of contact.
R277-473-9. Standardized Testing Rules and Professional Development Requirement.
A. It is the responsibility of all educators to take all reasonable steps to ensure that standardized tests reflect the ability, knowledge, aptitude, or basic skills of each individual student taking standardized tests.
B. School districts/charter schools shall
develop policies and procedures consistent with the law
and] Board rules for standardized test
make them available
and provide training to all teachers and administrators who[
shall] administer state tests.
C. At least once each school year, school districts/charter schools shall provide professional development for all teachers, administrators, and standardized test administrators concerning guidelines and procedures for standardized test administration, including teacher responsibility for test security and proper professional practices.
D. School district/charter school
assessment staff shall use the [
Testing Ethics Policy Power Point presentation and
the] Testing Ethics
[ booklet developed by the USOE, available on the USOE
Assessment homepage] in providing training for all test
E. Each and every test
administrator/proctor shall individually sign a Testing Ethics
signature page [
also available on the USOE Assessment homepage].
F. All teachers and test administrators shall conduct test preparation, test administration, and the return of all protected test materials in strict accordance with the procedures and guidelines specified in test administration manuals, school district/charter school rules and policies, Board rules, and state application of federal requirements for funding.
G]. Teachers, administrators, and school personnel shall
(1) provide students directly or indirectly with specific questions, answers, or the subject matter of any specific item in any standardized test prior to test administration;
(2) copy, print, or make any facsimile of protected testing material prior to test administration without express permission of the specific test publisher, including USOE, and school district/charter school administration;
(3) change, alter, or amend any student answer sheet or any other standardized test materials at any time in such a way as to alter the student's intended response;
(4) use any prior form of any standardized test (including pilot test materials) that has not been released by the USOE in test preparation without express permission of the specific test publisher, including USOE, and school district/charter school administration;
(5) violate any specific test
administration procedure [
or guideline] specified in the test administration
manual, or violate any state or school district/charter school
standardized testing policy or procedure
(6) knowingly and intentionally do anything that would inappropriately affect the security, validity, or reliability of standardized test scores of any individual student, class, or school;
H]. Violation of any of these rules may subject licensed
educators to possible disciplinary action under R277-515, Utah
KEY: educational testing
Date of Enactment or Last Substantive Amendment: [
August 9, 2010]
Notice of Continuation: April 29, 2010
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-603(3); 53A-1-401(3)
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20110701.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org.