Education, Administration

Rule R277-473

Testing Procedures

Notice of Proposed Rule

(Amendment)

DAR File No.: 34924
Filed: 06/15/2011 03:58:10 PM

RULE ANALYSIS

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.

local governments:

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.

small businesses:

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
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:

08/01/2011

This rule may become effective on:

08/08/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-473. Testing Procedures.

R277-473-1. Definitions.

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

B. "Computer Based Testing System (CBT system)" means the USOE designated technology system utilized to deliver U-PASS assessments to students online.

[D]C. "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]D. "Days" for purposes of this rule means calendar days unless specifically designated otherwise in this rule.

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

[E]F. ["CS" means the USOE Computer Services section]"IT" means the USOE Information Technology section.

[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]G. "Last day of school" means the last day classes are held in each school district/charter school.

H. "Midpoint of the school year" means on or before February 15 of the school year.

I. "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.

[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 UALPA.

M]J. "Protected test materials" means consumable and nonconsumable test booklets, electronic test materials delivered and available through the USOE CBT system, test questions (items), directions for administering the assessments and supplementary assessment materials[ (e.g., videotapes)] designated as protected test materials by the USOE. Protected test materials shall be used for authorized state testing only and shall be secured where they can be accessed by authorized personnel only.

[N]K. "Raw test results" means number correct out of number possible, without scores being equated and scaled.

[O]L. "Standardized tests" means tests required, consistent with [Sections 53A-1-601 through 53A-1-611,]R277-404-3 to be administered to all students in identified subjects at the specified grade levels.

[P]M. "Utah Academic Proficiency Assessment (UALPA)" means a USOE-designated test to determine the academic proficiency and progress of English Language Learner students.

[Q]N. "Utah Alternative Assessment (UAA)" means a USOE-designated test to [measure students with disabilities]assess the achievement or progress of students with severe cognitive disabilities.

[R]O. "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]P. "USOE" means the Utah State Office of Education.

 

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]receive, manage and administer standardized tests and related student data and materials.

 

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]R277-404-3, and consistent with the following schedule:

(1) All CRTs and UAAs (elementary and secondary, English language arts, math, science) shall be [given]administered 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]administered Tuesday, Wednesday, and Thursday of the first week of February and Tuesday, Wednesday, and Thursday of the third week of October (UBSCT requirements are suspended through at least the 2011-2012 school year).

(3) The fifth and eighth grade Direct Writing Assessment shall be [given]administered 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]Level 1 Entering, Level 2 Beginning, Level 3 Developing, Level 4 Expanding, 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.]

(5) Pre-post kindergarten assessment for kindergarten-age students as determined by the LEA during testing windows determined by the LEA.

(6) One benchmark reading assessment specifically and solely determined by the USOE for 1st, 2nd, and 3rd grade students shall be administered to students in the beginning, midpoint, and end of the school year.

(7) Third grade summative end of year reading assessment determined specifically and solely by USOE to be administered by LEAs consistent with USOE procedures.

(8) NAEP tests determined and required annually by the United States Department of Education and administered to students as directed by United States Department of Education.

B. School districts/charter schools shall submit all paper answer sheets [for the CRT tests] to the [CS]IT Section of the USOE for scanning and scoring as follows:

(1) School districts/charter schools shall return [CRT, UAA and DWA]all 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 (UBSCT requirements are suspended through at least the 2011-2012 school year).

[(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 schools.]C. School districts/charter schools shall submit all electronic responses according to USOE established procedures.

[C]D. When determining the date of CRT testing, schools on trimester schedules shall schedule the CRT testing at the point in the course where students have had approximately the same amount of instructional time as students on a [regular]traditional semester schedule and provide the schedule to the USOE.[ Basic skills courses ending in the first trimester of the year shall be assessed with the previous year's form of the CRTs.]

[D]E. Makeup opportunities shall be provided to students for the Utah Basic Skills Competency Test according to the following:

(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 (UBSCT requirements are suspended through at least the 2011-2012 school year).

 

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,]as determined by the USOE shall be designated protected, consistent with Section 63G-2-305(5), until released by the USOE. A student's individual answer sheet or CBT file 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]so 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 electronic form , beyond the time period allowed for test administration.

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.

A. [CS]IT shall communicate regularly with school districts/charter schools regarding required formats for electronic submission of any required data.

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]data reporting requirements [and shall report data as required by the USOE]as determined in R277-484.

 

R277-473-6. Format for Submission of CBT Files, 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 , including CBT files, 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.

C. [CRT d]Data may be submitted in batches in cooperation with the assigned [CS]IT 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]IT, 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 Requirements.

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 administration, and the USOE Testing Ethics Policy, and 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]USOE Testing Ethics Policy [booklet developed by the USOE, available on the USOE Assessment homepage] in providing training for all test administrators/proctors.

E. Each and every test administrator/proctor shall individually sign a Testing Ethics signature page [also available on the USOE Assessment homepage]provided by the USOE.

F. All teachers and test administrators shall conduct test preparation, test administration, provide test results, 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, USOE Testing Ethics Policy, and state application of federal requirements for funding.

G. Teachers, administrators, and school personnel shall use assessments specifically required and as directed under R277-404.

[G]H. Teachers, administrators, and school personnel shall not:

(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 , including CBT files, 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 , or violate any procedure specified in the USOE Testing Ethics Policy;

(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;

(7) fail to administer a required assessment; and

(8) submit falsified data.

[H]I. Violation of any of these rules may subject licensed educators to possible disciplinary action under R277-515, Utah Educator Standards.

 

KEY: educational testing

Date of Enactment or Last Substantive Amendment: [August 9, 2010]2011

Notice of Continuation: April 29, 2010

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