DAR File No. 37741

Education, Administration

Rule R277-489

Early Intervention Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 37741
Filed: 06/14/2013 10:23:12 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide an optional enhanced or extended-day kindergarten program as a method of early intervention for students at risk of academic failure. The amendments also provide for a Request for Proposals (RFP) process to select one or more technology providers to provide adaptive learning technology and assessments in reading and math for students in Kindergarten and grade 1. LEAs will receive the learning technology through a competitive process.

Summary of the rule or change:

The amendments include language for an RFP process to select one or more technology providers to provide adaptive learning technology in reading; the computer-based adaptive technology shall be available to LEAs through a competitive process to students in Kindergarten through grade 3; and school districts and charter schools that applied to participate in the program during the 2012-2013 school year will be given first priority to receive an equivalent license during the current year.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

This is no anticipated cost or savings to the state budget. Funding is provided for selected participants in the Early Intervention Program.

local governments:

This is no anticipated cost or savings to local government. Funding is provided for selected participants in the Early Intervention Program.

small businesses:

One or more technology providers will be selected to provide adaptive learning technology in reading.

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. Funding is provided for selected participants in the Early Intervention Program.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Selected schools will receive funding to provide the Early Intervention Program.

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.

R277-489. Early Intervention Program.

R277-489-1. Definitions.

A. "Adaptive learning technology and assessments" means technology tools and software that adjust the presentation of educational material according to students' weaknesses and strengths, as indicated by student responses to questions.

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

C. "Early intervention program" means a program that provides additional instruction to kindergarten age students either as an extended period before or after school, on Saturdays, during the summer, or through other means.

D. "Enrollment" means class enrollment of not more than the student enrollment of other kindergarten classes within the school.

E. "Kindergarten readiness assessment" means an assessment based on research and data that determines a child's readiness to begin kindergarten, as determined by the school district or charter school.

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

G. "LEA plan" means the Early Intervention Program plan submitted by LEAs and approved and accepted for funding by the Board.

H. "Program" means the Early Intervention Program.

I. "Student learning gains" means the score a student obtains by comparing performance on a pre-test at the beginning of an intervention to the performance on a post-test at the end of an intervention (post-test score minus pre-test score equals learning gains score).

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

 

R277-489-2. 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, by Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities, and by Section 53A-17a-167 which directs the Board to distribute funds appropriated for the Early Intervention Program, consistent with state law, to LEAs that apply for the funds.

B. The purpose of this rule is to establish criteria and procedures for application and reporting procedures to administer the early intervention program.

 

R277-489-3. Board/USOE Responsibilities.

A. The Board shall accept applications from LEAs for Early Intervention Programs delivered through enhanced kindergarten programs that satisfy the requirements of Section 53A-17a-167 and the provisions of this rule.

(1) The USOE shall accept applications annually beginning on June 1 for the 2012-2013 school year and April 1 in subsequent years and closing as determined by the USOE.

(2) The Board shall select charter schools with the greatest need for an enhanced kindergarten program in consultation with the State Charter School Board.

([2]3) The [USOE]Board shall distribute funds to eligible [LEAs]charter schools based on a formula identifying the [count of economically disadvantaged students]percentage of students in public schools and the percentage of students with the greatest need for an enhanced kindergarten program consistent with [timelines established by the USOE]Section 53A-17a-167(4)(a).

(4) The Board shall distribute funds to eligible school districts by determining the number of students eligible to receive free lunch in the prior school year for each school district and prorating the remaining funds based on the number of students eligible to receive free lunch in each school district.

(5) All funds shall be distributed consistent with USOE established timelines.

([3]6) The USOE shall require pre and post-assessments from all funded programs and year-end data.

([4]7) The USOE shall require year-end data and a report from funded programs.

B. The Board shall select one or more technology providers through an RFP to provide adaptive learning technology and assessments for reading[, mathematics, or science for early intervention kindergarten students and an adaptive computer program for literacy instruction for early grade interventions]for students in kindergarten through grade [1]3.

(1) The USOE shall accept applications from LEAs for grants to be used to purchase Board-selected adaptive learning technology and assessments for reading[, mathematics, or science for early intervention kindergarten students or an adaptive computer program for literacy instruction, or both, for early grade interventions] for students in kindergarten through grade [1]3.

(2) A school district or charter school that received a license for an adaptive learning technology in a previous school year shall be given priority to receive an equivalent license in subsequent years.

([2]3) The USOE shall require pre and post-assessments from all participating LEAs.

([3]4) The USOE shall require an annual report from all participating LEAs that assesses the impact of the adaptive learning technology and assessments or adaptive computer program for literacy instruction used by the LEA, including final testing data and student learning gain scores.

([4]5) The Board shall report final testing data and student learning scores regarding adaptive learning technology and assessments or adaptive computer program for literacy instruction on or before November 1, 2012 and every year thereafter to the Education Interim Committee and the Governor.

 

R277-489-4. LEA Responsibilities.

A. LEA applications for Early Intervention Programs shall include:

(1) names of schools for which Program funds shall be used;

(2) a description of the delivery method or methods that shall be used to serve eligible students (such as full-day kindergarten, two half-days, extra hours, summer program, or other means);

(3) a description of the evidence-based early intervention model used by the LEA;

(4) a description of how the program shall focus on age-appropriate literacy and numeracy skills;

(5) a description of how the program shall be targeted to at-risk students;

(6) a description of the assessment procedures and tools that shall be used by participating schools within the LEA; and

(7) other information as requested by the USOE.

B. LEAs may apply for grants [to be used to purchase]for Board-selected adaptive learning technology and assessments for reading[, mathematics, or science for early intervention kindergarten students and an adaptive computer program for literacy instruction, or both, for early grade interventions]for students in kindergarten through grade [1]3.

(1) LEA adaptive learning technology and assessments grant recipients shall use a pre-test before using the technology tools and software with early intervention kindergarten students and shall administer a post-test at the end of the year.

(2) LEAs shall prepare and submit a report to the USOE detailing final testing data including student learning gains regarding the adaptive learning technology.

(3) LEA adaptive computer program for literacy instruction for early grade interventions grant recipients shall use a pre-test before using the technology tools and software with early intervention students in kindergarten through first grade and shall administer a post-test at the end of the year.

(4) LEAs shall prepare and submit a report to the USOE detailing final testing data including student learning gains regarding the adaptive computer program for literacy instruction for early grade interventions.

C. LEAs that fail to provide complete and accurate data and reports as requested shall not receive Program funding in subsequent years.

D. An LEA may not require a student to participate in an early intervention program.

 

R277-489-5. Assessment, Accountability and Reporting.

A. LEAs shall use a self-selected kindergarten pre-assessment with all kindergarten students:

(1) The days used for assessment shall be consistent with R277-419-7, Pupil Accounting.

(2) The USOE may provide a model kindergarten assessment from a list of appropriate assessments.

(3) Post assessments shall be completed by LEAs prior to the ending of the school year and reported to the Board as soon as reasonably possible.

(4) Post assessment results for all kindergarten students shall provide evidence of student learning matched to the program's pre-assessments used for program placement.

B. LEAs that fail to provide complete, accurate and timely reports [shall]may not receive funding in subsequent years.

 

KEY: early intervention

Date of Enactment or Last Substantive Amendment: [August 8, 2012]2013

Notice of Continuation: June 15, 2012

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-17a-167