Education, Administration

Rule R277-403

Student Reading Proficiency and Notice to Parents

Notice of Proposed Rule

(Amendment)

DAR File No.: 35164
Filed: 08/15/2011 05:04:36 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide for changes to the timeline for reading proficiency assessment and parent notification consistent with Section 53A-1-606.6 as amended in S.B. 38 (2011 General Session) and as repealed and reenacted in H.B. 302 (2011 General Session).

Summary of the rule or change:

The amendments provide new definitions, local education agency (LEA) responsibilities for the 2011-2012 school year, LEA responsibilities for the 2012-2013 school year, and Utah State Board of Education/Utah State Office of Education (USOE) responsibilities.

State statutory or constitutional authorization for this rule:

• Section 53A-1-606.6
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget beyond the $1.8 million appropriated in H.B. 302. Existing USOE staff will administer the program at the state level within existing budget.

local governments:

There are no anticipated costs or savings to local government units. Funding is provided for reading assessment of students in grades 1, 2, and 3 and LEAs should have intervention measures in place to assist students reading below grade level.

small businesses:

There are no anticipated costs or savings to small businesses. This rule applies to public education, both state and local, and does not affect small 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. Students reading below grade level will receive assistance, to the extent of state appropriated funds available, to develop reading skills.

Compliance costs for affected persons:

There are no compliance costs for affected persons. LEAs will administer reading assessments and provide necessary intervention measures to assist students reading below grade level.

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. Shumwway, 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:

10/03/2011

This rule may become effective on:

10/10/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-403. Student Reading Proficiency and Notice to Parents.

R277-403-1. Definitions.

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

B. "Lacks proficiency" for purposes of this rule means that a student requires additional instruction beyond that provided to typically developing peers in order to close the gap between the student's current level of reading achievement and that expected of all students in that grade as determined by valid and reliable assessments as designated by the Board.

[B]C. "LEA" means a Utah school district or charter school.

[C]D. "Midpoint of the school year" means [the last school day of January as determined by individual LEA calendars]January 31 of the school year.

[D]E. "Notification to parents" for purposes of this rule means notice by any reasonable means including electronic notice, notice by telephone, written notice, or personal notice.

[E]F. "Reading below grade level" for purposes of this rule means that a student requires additional instruction beyond that provided to typically developing peers in order to close the gap between the student's current level of reading achievement and that expected of all students in that grade as determined by valid and reliable assessment s as designated by the Board.

[F]G. "Reading remediation interventions" means instruction or activities or both in reading given to students in addition to their regular reading instruction, during another time in the school day, outside [school hours]regular instructional time, or in the summer, which is focused on specific needs as identified by reliable and valid assessments.

[G]H. "USOE" means the Utah State Office of Education.

I. "Utah Consolidated Application (UCA)" means the web-based grants management tool employed by the Utah State Office of Education by which local education agencies submit plans and budgets for approval of the Utah State Office of Education.

 

R277-403-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution[al] Article X, Section 3 which vests general control and supervision over public education in the Board, by Section 53A-1-606.6[(2)]which directs the Board to make rules defining [reading levels for specific grades]expected reading levels, providing necessary definitions, and establishing necessary timelines, and by Section 53A-1-401(3) which allows the Board to make rules in accordance with its responsibilities.

B. The purpose of this rule is to provide notice, reporting standards and timelines for LEAs and to provide for a report by the Board to the Education Interim Committee as required under Section 53A-1-606.6.

 

R277-403-3. LEA Responsibilities (For the 2011-2012 School Year).

A. Before the midpoint of the school year, each LEA or school within an LEA, shall identify every first, second and third grade student currently enrolled in the school who is [in the first, second or third grade who is not ]reading [at]below grade level.

B. Each LEA shall notify the parent/legal guardian of each student identified under R277-403-3A as determined by the LEA by [the midpoint]February 15 of the school year.

C. An LEA shall use at least two different assessments to identify students who are not reading at grade level.

D. One assessment shall be determined by the [USOE]Board.

E. Each LEA shall select and submit the name or type of the additional assessment to the USOE that it shall use to identify students who are not reading at grade level [by September 30, 2010. LEAs need not submit additional assessment information annually unless they change the identified assessment]as a part of the UCA.

F. LEAs shall determine the grade level designation for each selected assessment; the USOE shall provide guidance to LEAs to assist in their designation of grade level for various assessments.

[ G. LEAs shall provide, upon request, information to parents notified under R277-403-3B of the interventions available for their students from the LEA.

H. LEAs shall provide, as part of the S3 Report, the following information:

(1) the number of students in each of grades 1, 2 and 3 that are reading below grade level; and

(2) the number of students in each grade level that were reading below grade level who received reading remediation interventions.

] G. If the reading assessment indicates a student lacks proficiency in a reading skill, the LEA shall:

(1) provide notice to the parent or guardian of each student reading below grade level, lack of proficiency and provide information to the parent or guardian of appropriate interventions available to the student outside regular instructional time that may include tutoring, before and after school programs, or summer school;

(2) provide focused intervention to develop the reading skill;

(3) administer formative assessments to measure the success of the focused intervention; and

(4) inform the student's parent or guardian of activities that the parent or guardian may engage in with the student to assist the student in improving reading proficiency.

H. LEAs shall report to parents the student's reading level at the end of third grade.

I. LEAs shall provide as part of the Clearinghouse Data Submission, the following information:

(1) the number of students in each of grades 1, 2 and 3 that were reading below grade level at the midpoint of the school year;

(2) the number of students in each grade level that were reading below grade level at the midpoint of the school year and who received reading remediation interventions;

(3) the name of each student in grades 1, 2 and 3 and a designation of whether the student is reading at grade level or below grade level; and

(4) the name of each student in grades 1, 2 and 3 who received reading interventions as required under R277-403-3H in the prior school year.

 

R277-403-4. LEA Responsibilities (Beginning with the 2012-2013 School Year).

A. LEAs shall administer the Board approved benchmark assessments at the beginning, in the middle, and at the end of grade one, grade two and grade three within testing windows determined by USOE.

B. Before the midpoint of the school year, each LEA or school within an LEA, shall identify every student currently enrolled in the school who is in the first, second or third grade who is not reading at grade level.

C. If a benchmark assessment or supplemental reading assessment indicates a student lacks proficiency in a reading skill, the LEA shall:

(1) provide notice to parents of student's lack of proficiency;

(2) provide information to the parent or guardian regarding appropriate interventions available to the student outside regular instructional time that may include tutoring, before and after school programs, or summer school;

(3) provide focused intervention to develop the reading skill;

(4) administer formative assessments to measure the success of the focused intervention; and

(5) inform the student's parent or guardian of activities that the parent or guardian may engage in with the student to assist the student in improving reading proficiency.

D. LEAs shall report to parents in the beginning, by February 15, and at the end of grade one, grade two and grade three, assessment results.

E. LEAs shall also report to parents the student's reading level at the end of third grade.

F. LEAs shall provide as part of the Clearinghouse Data Submission, the following information:

(1) the number of students in each of grades 1, 2 and 3 that were reading below grade level at the beginning, midpoint, and end of the school year;

(2) the number of students in each grade level that were reading below grade level at the midpoint of the school year and who received reading remediation interventions;

(3) the name of each student in grades 1, 2 and 3 and a designation of whether the student is reading at grade level or below grade level; and

(4) the name of each student in grades 1, 2 and 3 who received reading interventions as required under R277-403-3H in the prior school year.

 

R277-403-[4]5. Board/USOE Responsibilities.

A. The Board shall designate one benchmark assessment for use statewide by all LEAs to assess the reading proficiency of students in grades one, two, and three for the beginning, midpoint and end of year assessments.

[A]B. The USOE shall provide guidance to LEAs about [available and] valid and reliable assessments to be use d for the midpoint supplemental assessments to assist in evaluating the reading grade level of students.

[B]C. The USOE shall [assist]provide procedures for LEAs [in]to determin[ing]e expected reading levels of first, second and third grade students.

[C]D. The USOE shall report and provide data to the Education Interim Committee consistent with Section 53A-1-606.6(3).

E. The Board shall contract with an educational technology provider, selected through a request for proposals process, for a diagnostic assessment system for reading for students in kindergarten through grade three that meets the requirements of 53A-1-606.7.

F. To the extent of funds available, the USOE shall select interested LEAs to use the diagnostic assessment for reading beginning in the 2011-12 school year.

G. The USOE shall provide timelines to LEAs for notification to the USOE of:

(1) LEA selected assessments;

(2) student reading data required by law;

(3) assurance of compliance with all legislative and Board requirements as requested.

H. LEAs that select the assessment technology shall use the assessment consistent with Board directives.

I. The Board shall evaluate the diagnostic assessment system for reading by comparing the learning gains for students in LEAs that do not use the diagnostic assessment system for reading with LEAs that used the diagnostic reading assessment.

J. The Board shall submit a report of the comparison and other data to the Public Education Appropriations Subcommittee by November 2013.

K. The Board shall make an annual report to the Public Education Appropriations Subcommittee as described in 53A-17a-150.

 

KEY: students, reading, proficiency

Date of Enactment or Last Substantive Amendment: [February 22,]2011

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-1-606.6(2); 53A-1-401(3)