DAR File No. 38001
This rule was published in the October 1, 2013, issue (Vol. 2013, No. 19) of the Utah State Bulletin.
Education, Administration
Rule R277-403
Student Reading Proficiency and Notice to Parents
Notice of Proposed Rule
(Amendment)
DAR File No.: 38001
Filed: 09/16/2013 10:34:38 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule is amended to provide updated language for assessing student reading competency at the beginning, in the middle, and at the end of each year and requires notification of assessment results if the student is not reading at grade level. Outdated language is also removed.
Summary of the rule or change:
The amended rule refers to reading "competency", a demonstrable acquisition of a specified knowledge, skill, or ability that has been organized into a hierarchical arrangement leading to higher levels of knowledge, skill, or ability, rather than reading "proficiency". The amended rule clarifies that LEAs must notify parents of the results of the assessments given at the three points during the year if students are reading below grade level.
State statutory or constitutional authorization for this rule:
- Subsection 53A-1-401(3)
- Subsection 53A-17a-150(14)
Anticipated cost or savings to:
the state budget:
There is no anticipated cost or savings to the state budget. Utah State Board of Education (Board) reporting requirements will be administered by existing staff and within existing budgets.
local governments:
There may be some additional costs to schools/school districts to notify parents of student results following each benchmark assessment. It is anticipated that any additional costs for notification will be administered by existing staff and within existing 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. Any additional costs are to the school/school district.
Compliance costs for affected persons:
There are no compliance costs for affected persons. Board and schools/school districts will comply with the requirements of this 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:
EducationAdministration
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 protected]
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:
10/31/2013
This rule may become effective on:
11/07/2013
Authorized by:
Carol Lear, Director, School Law and Legislation
RULE TEXT
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. "Competency" means a demonstrable acquisition of a specified knowledge, skill or ability that has been organized into a hierarchical arrangement leading to higher levels of knowledge, skill or ability.
[B]C. "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.
[C]D. "LEA" means a [Utah school]local education agency, including local school boards/public
school districts [or]and charter school
s.
[D]E. "Midpoint of the school year" means January 31
of the school year.
[E]F. "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.
[F]G. "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 assessments as designated by the
Board.
[G]H. "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 regular instructional time, or in the
summer, which is focused on specific needs as identified by
reliable and valid assessments.
[H]I. "USOE" means the Utah State Office of
Education.
[I]J. "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 Article X, Section 3 which vests general control and
supervision over public education in the Board, by [Section 53A-1-606.6 which directs the Board to make rules
defining expected reading levels, providing necessary definitions,
and establishing necessary timelines,]Section 53A-17a-150(14) which directs the Board to make rules to
implement the Program and to require progress reports from each LEA
documenting the LEA's satisfaction with its reading
goal(s), 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]definitions of terms used in Section 53A-1-606.6, to provide
necessary testing and reporting windows and timelines, and to
require submission by LEAS of student reading assessment data to
the USOE.
[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
reading 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 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
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 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. 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 R277-403-3G in
the prior school year.
]R277-403-[4]3. 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. Following each benchmark assessment, an LEA or school within an LEA shall notify parents or guardians of the student's results.
[B]C. [Before the midpoint of the school year, each]At the beginning, in the middle and at the end 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]D. If a benchmark assessment or supplemental reading
assessment indicates a student lacks [proficiency]competency in a reading skill, the LEA shall:
(1) provide notice to parents of
student's lack of [proficiency]competency;
(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 individualized 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]competency.
[D]E. 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]F. LEAs shall also report to parents the student's
reading level at the end of third grade.
[F]G. LEAs shall provide as part of the [Clearinghouse]UTREx 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 R277-403-3G in the prior school year.
R277-403-[5]4. Board/USOE Responsibilities.
A. The Board shall designate one benchmark
assessment for use statewide by all LEAs to assess the reading [proficiency]competency of students in grades one, two, and three for the
beginning, midpoint and end of year assessments.
B. The USOE shall provide guidance to LEAs about valid and reliable assessments to be used for the midpoint supplemental assessments to assist in evaluating the reading grade level of students.
C. The USOE shall provide procedures for LEAs to determine expected reading levels of first, second and third grade students.
[D. The USOE shall report and provide data to the Education
Interim Committee consistent with Section
53A-1-606.6(3).
][E]D. 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]E. 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]F. 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]G. LEAs that select the assessment technology shall use the
assessment consistent with Board directives.
[I]H. 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]I. [The Board shall submit a report of the comparison and other
data to the Public Education Appropriations Subcommittee by
November 2013]The Board shall report to the Education Interim Committee
consistent with timelines and information required under Section
53A-17a-150(13).
[K]J. The Board shall make an annual report to the Public
Education Appropriations Subcommittee as described in 53A-17a-150
(16).
KEY: students, reading, [proficiency]competency
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-1-606.6(2); 53A-1-401(3)
Additional Information
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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 [email protected].