DAR File No. 38003

Education, Administration

Rule R277-405

Requirements for Assessment Pilot Programs

Notice of Proposed Rule

(Repeal)

DAR File No.: 38003
Filed: 09/16/2013 10:35:29 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is repealed because the pilot program has been completed.

Summary of the rule or change:

The rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Sections 53A-1-603 through 53A-1-611
• Subsection 53A-1-401(3)
• Subsection 53A-1-708(5)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The pilot program has been completed so the rule is being repealed.

local governments:

There is no anticipated cost or savings to local government. The pilot program has been completed so the rule is being repealed.

small businesses:

There is no anticipated cost or savings to small businesses. This rule applies to public education and does 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. The pilot program has been completed so the rule is being repealed.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The pilot program has been completed so the rule is being repealed.

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:

10/31/2013

This rule may become effective on:

11/07/2013

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

[R277-405. Requirements for Assessment Pilot Programs.

R277-405-1. Definitions.

A. "Adaptive testing" means assessments administered to assess a student's achievement. The assessments are administered online to measure the full range of student ability by adapting to each student's responses, selecting more difficult questions when a student answers correctly and less difficult questions when a student answers incorrectly.

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

C. "EXPLORE, PLAN, ACT System (EPAS)" means assessments that are aligned to college and career ready common core standards for grades 8, 10 and 11.

D. "Large school district" means a public school district with a student enrollment greater than 29,000 students based on the October 1, 2010 enrollment count.

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

F. "Online writing" means an online test to measure writing performance.

G. "U-PASS testing requirements" as defined in Section 53A-1-602, include Criterion-Referenced tests (CRT) or Adaptive tests, Utah Basic Skills Competency Test and Direct Writing Assessment (DWA).

 

R277-405-2. 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, Sections 53A-1-603 through 53A-1-611 which direct the Board to adopt rules for the conduct and administration of U-PASS, Section 53A-1-708(5) which directs the Board to make rules establishing procedures for applying for and awarding grants, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to provide consistent definitions and to provide standards and procedures for a Board developed and directed pilot assessment system for identified students as required by state law and consistent with federal law.

 

R277-405-3. K-12 Assessment Pilot Program.

A. The Board may exempt an LEA from U-PASS testing requirements if an LEA pilots an assessment system that incorporates:

(1) online classroom-based assessment that utilizes adaptive testing in all grades;

(2) online writing assessment in grades 4 through 12; or

(3) assessments administered in grades 8, 10, and 11 to determine readiness for postsecondary education.

B. The pilot assessment system is subject to an accountability plan and high school graduation standards that are based on the assessment system described in the Utah Code and as developed and adopted by the Board.

C. The K-12 Pilot Program shall extend until July 1, 2015.

 

R277-405-4. High School Assessment Pilot Program.

A. The Board shall implement the High School Assessment Pilot Program consistent with Section 53A-1-603(7) to allow LEAs to:

(1) administer the EPAS System (EXPLORE, PLAN and ACT) to secondary students for the 2010-11 and 2011-12 schools years; or

(2) administer a computer adaptive testing of basic skills, or both the EPAS and computer adaptive testing.

B. The High School Assessment Pilot Program shall extend until July 1, 2012.

C. The Board shall develop an application for LEAs choosing to participate in the High School Assessment Pilot Program.

D. The Board shall re-direct the money saved by not administering the UBSCT to fund implementation of the High School Assessment Pilot Program.

E. LEAs participating in the High School Assessment Pilot Program shall assure:

(1) the LEA will continue required CRT or summative adaptive testing;

(2) full participation and cooperation with evaluators and Board staff in implementing the High School Assessment Pilot Program;

(3) the local board or governing board has fully endorsed the LEA's participation in a public meeting; and

(4) the LEA agrees to provide participation data and results to the Board or the Utah State Legislature, or both, as a requirement of the High School Assessment Pilot Program.

 

R277-405-5. Pilot Assessment to Large School Districts for Online Delivery of U-PASS Tests.

A. Large school districts may submit an application for funds for online delivery of U-PASS.

B. Applicants shall provide the following:

(1) names of participating schools within the school district;

(2) U-PASS assessments that will be provided online;

(3) a budget for implementing online testing involving all students and all online assessments throughout the school district in the 2011-2012 school year;

(4) an assurance from the applicant that online testing shall be implemented at 100 percent of students and assessments during the pilot period; and

(5) a proposed evaluation for the pilot program.

C. Pilot online assessment funds may be used for the following:

(1) computer equipment and peripherals, including electronic data capture devices designed for electronic test administration and scoring;

(2) software;

(3) networking equipment;

(4) upgrades of existing equipment or software;

(5) upgrades of existing physical plant facilities;

(6) online adaptive assessments approved for U-PASS testing; and

(7) personnel to provide technical support, coordination, management, and professional development (combined expenditures shall not exceed 10 percent of the funds allotted to a school district).

D. Large school district applicants for the online pilot assessment shall be selected for participation only if applicants have fully complied with student assessment Board rules and requirements.

E. Applications shall be provided by the USOE by May 15, 2011 and school districts shall submit completed applications to the USOE by June 15, 2011.

F. Funds shall be distributed to selected school districts based on a per pupil basis and proposed budgets.

 

KEY: assessment, pilot programs

Date of Enactment or Last Substantive Amendment: August 8, 2011

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-603 through 53A-1-611; 53A-1-401(3); 53A-1-708(5)]