DAR File No. 37734

Education, Administration

Rule R277-406

K-3 Reading Improvement Program and the State Reading Goal

Notice of Proposed Rule

(Amendment)

DAR File No.: 37734
Filed: 06/14/2013 10:16:01 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to include provisions for the Utah State Board of Education (Board) to set uniform growth goals for local education agencies (LEAs), to add a correlation requirement, and to provide for growth goals for student learning gains.

Summary of the rule or change:

The amended rule includes requiring the Board to determine and set uniform growth goals for LEAs based on the number of third grade students reading at grade level; to add to the reporting requirement a correlation between third grade students reading on grade level and results of third grade language arts scores on a criterion-referenced test or computer adaptive test; and to include growth goals for student learning gains as measured by a benchmarked assessment, and growth goals for third grade students, year to year, as measured by the LEA's third grade reading test.

State statutory or constitutional authorization for this rule:

• Subsection 53A-17a-150(14)(a)
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The amendments to the rule provide for new procedures that will be developed and administered by existing Board/Utah State Office of Education (USOE) staff and within existing USOE budgets.

local governments:

There is no anticipated cost or savings to local government. It is expected that the amendments to the rule providing for new procedures will be administered by existing LEA staff and within existing LEA budgets.

small businesses:

There is no anticipated cost or savings to small businesses. This rule and the amendments apply to public education and do not affect businesses.

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

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. Implementation of new procedures is not required of individuals.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The Board/USOE and LEAs will implement new procedures required in the rule.

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.

Martell Menlove, 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:

07/31/2013

This rule may become effective on:

08/07/2013

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-406. K-3 Reading Improvement Program and the State Reading Goal.

R277-406-1. Definitions.

A. "Benchmark assessment" means an assessment given three times each year (beginning of the year, middle of the year, and end of the year) designed to give teachers information to plan appropriate instruction, evaluate the effects of that instruction, and to provide data about the extent to which students are prepared to be successful on the end of year Criterion Referenced Test.

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

C. "Grade level in reading" means that a student gains adequate meaning from independently reading texts designed for instruction at that grade level.

D. "LEA" means a [Utah]local education agency, including local school boards/public school districts [or]and charter schools.

E. "LEA plan" means the K-3 Reading Achievement Program Plan submitted by public school districts and public charter schools.

F. "Midpoint of school year" means January 31 of the school year.

G. "Program" means the K-3 Reading Improvement Program.

H. "Program money" means funds allocated to an LEA through the K-3 Reading Improvement Program.

I. "School plan" means the K-3 Reading Achievement Program Plan submitted by a school, including charter schools.

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

 

R277-406-2. Authority and Purpose.

A. This rule is authorized under Utah Constitution, Article X Section 3, which vests general control and supervision over public education in the Board, by Section 53A-1-401(3) which allows the Board to make rules in accordance with its responsibilities, and by Section 53A-17a-150(14)(a) which directs the Board to develop rules for implementing the K-3 Reading Improvement Program.

B. The purpose of this rule is to outline the responsibilities of USOE and LEAs for implementation of Section 53A-17A-150, K-3 Reading Improvement Program, and Section 53A-1-606.5, State Reading Goal-Reading Achievement Plan.

 

R277-406-3. Board/USOE Responsibilities.

A. The USOE shall provide model Program plans.

B. The Board shall approve the Program plans submitted by LEAs pursuant to R277-406-4A.

C. The Board shall develop uniform standards for acceptable growth goals that an LEA adopts.

[C]D. The USOE shall prepare and disseminate a Program report at the end of each school year from information submitted by LEAs.

[D]E. The Board shall make a report to the Public Education Appropriations Subcommittee that includes information on:

(1) student learning gains in reading for the past school year and the previous five years;

(2) the percentage of third grade students reading on grade level in the past school year and the previous five years;

(3) progress of schools and school districts in meeting the goals in their K-3 Reading Improvement Plan(s);[ and]

(4) correlation between third grade students reading on grade level and results of third grade language arts scores on criterion-referenced test or computer adaptive test; and

([4]5) may include recommendations on how to increase the percentage of third grade students that read on grade level.

 

R277-406-4. Responsibilities of [Schools and ]LEAs.

A. To receive Program money, each elementary school or school with K-3 grade levels[ in a school district, including charter schools,] shall submit a school plan to its local board or charter board, and each LEA shall submit an LEA plan to the Board for reading proficiency improvement that incorporates the following components:

(1) assessment;

(2) intervention strategies;

(3) research-based best-practices;

(4) professional development for classroom teachers in kindergarten through grade three;

(5) reading performance standards;[ and]

(6) opportunity for parents to receive materials and guidance to assist their child at home[.]; and

(7) specific measurable, gain-score goals that include:

(a) a goal of having every student reading at grade level by the end of grade three;

(b) a growth goal for each public school based on student learning gains as measured by benchmark assessments administered to increase the percentage of students who are at or above grade level at the end of third grade pursuant to Section 53A-1-603(2)d;[ and]

(c) goals for kindergarten, first grade, second grade, and third grade for each public school[ within a school district and each charter school] based upon student learning gains. As of July 1, 2012 this gain score goal must be based on benchmark assessments administered pursuant to Section 53A-1-606.6[.]; and

(d) a growth goal for each public school to increase the percentage of third grade students who read on grade level from year to year as measured by the third grade reading test administered pursuant to Section 53A-1-603.

(8) reporting to parents:

(a) effective July 1, 2012, at the beginning, in the middle, and at the end of grade one, grade two, and grade three, parents shall receive their child's benchmark assessment results as required by Section 53A-1-606.6; and

(b) at the end of the third grade year, parents shall be notified whether or not the child is at grade level in reading.

B. The school plan shall be created:

(1) for schools in a district, under the direction of the school community council;

(2) for charter schools, under the direction of the charter school governing board.

C. Program money shall be used only for reading proficiency improvement and only for students in kindergarten, first grade, second grade, and third grade, and may be used to supplement but not supplant other programs.

D. Program money may be used for :

(1) reading assessments[,];

(2) focused reading [remediations]interventions that have proven to significantly increase the percentage of students reading at grade level [that may] includ[e]ing the use of :

(a) reading specialists[,] ;

(b) tutoring[,];

(c) before or after school programs[,];

(d) summer school programs[,];

(e) the use of reading software[,];

(f) or the purchase of portable technology devices used to administer reading assessments; or

(g) the use of interactive computer software programs for literacy instruction and assessments for students.

[D]E. An LEA that uses Program money in a manner that is inconsistent with these rules, Utah law, or established rules of fiscal accountability shall be directed to reimburse the Board for the amount of money improperly used or managed.

[E]F. LEAs shall complete the report pursuant to R277-406-3[C]D within timelines set by the USOE.

[F]G. If for [three]two consecutive years an LEA fails to meet its goal to increase the percentage of third grade students who read on grade level, the LEA shall not receive K-3 Reading Improvement Program money the following year, and an LEA shall terminate any levy imposed under Section 53A-17a-151.

[G]H. An LEA that loses Program money due to a failure to meet its goal of increasing the percentage of third grade students at grade level may reapply for the Program money upon submission of a revised K-3 Reading Improvement Plan after one year of not receiving Program money.

[H]I. An LEA shall provide data and information for the USOE's year-end Program report to the Public Education Appropriations Subcommittee consistent with Section 53A-17a-150(16). LEAs shall report:

(1) progress in meeting gain score goals for kindergarten, first grade, second grade, and third grade, including information from the previous five years;

(2) progress in meeting the state goal of all students at or above grade level in reading at the end of third grade, including the previous five years; and

(3) how Program money was expended, by categories of expenditure.

 

KEY: reading, improvement, goals

Date of Enactment or Last Substantive Amendment: [October 11, 2011]2013

Notice of Continuation: June 10, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-17a-150(14)(a)