DAR File No. 39007

This rule was published in the January 1, 2015, issue (Vol. 2015, No. 1) of the Utah State Bulletin.


Education, Administration

Rule R277-497

School Grading System

Notice of Proposed Rule

(Amendment)

DAR File No.: 39007
Filed: 12/12/2014 11:06:59 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-497 is amended in response to S.B. 209, School Grading Revisions, and S.B. 122, Parental Rights in Public Education, from the 2014 General Legislative Session.

Summary of the rule or change:

The amendments to Rule R277-497 provide: 1) language for calculating grades for the 2013-14 school year so that the distribution of letter grades will be similar to the distribution of grades for the 2012-2013 school year; 2) the percentages of the maximum number of points required to earn A through F letter grades; 3) language for students who do not participate in required testing upon written parent request; and 4) language for no negative impact on an LEA and its employees due to a student not participating in required testing.

State statutory or constitutional authorization for this rule:

  • Subsection 53A-1-401(3)
  • Section 53A-1-1113

Anticipated cost or savings to:

the state budget:

The amendments to Rule R277-497 provide language for calculating and assigning a letter grade to schools and excusing a student from required testing which likely will not result in a cost or savings to the state budget.

local governments:

The amendments to Rule R277-497 provide language for calculating and assigning a letter grade to schools and excusing students from required testing which likely will not result in a cost or savings to local government.

small businesses:

The amendments to Rule R277-497 provide language for calculating and assigning a letter grade to schools and excusing students from required testing which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

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

The amendments to Rule R277-497 provide language for calculating and assigning a letter grade to schools and excusing students from required testing which likely will not result in a cost or savings to small businesses.

Compliance costs for affected persons:

The amendments to Rule R277-497 provide language for calculating and assigning a letter grade to schools and excusing students from required testing which likely will not result in any compliance costs for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Brad C. Smith, 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:

02/02/2015

This rule may become effective on:

02/09/2015

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-497. School Grading System.

R277-497-1. Definitions.

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

B. "LEA" means a local education agency, including local school boards/public school districts, charter schools, and, for purposes of this rule, the Utah Schools for the Deaf and the Blind.

C. "Sufficient student growth" as determined by the Board, means a student growth percentile of 40 or above.

 

R277-497-2. 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, Section 53A-1-1113 which directs the Board to adopt rules to implement a school grading system, 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, standards and procedures for LEAs to report school data through a school grading system.

 

R277-497-3. Board Responsibilities.

A. Beginning in the 2012-2013 school year, the Board shall implement a school grading system (A,B,C,D,F). The school grading system report provided by the Board shall include the following indicators:

(1) student proficiency on the Board-approved grade/subject level assessments in language arts, math and science;

(2) student growth as measured by student growth percentiles;

([2]3) sufficient student growth; and

([3]4) for high schools:

(a) graduation rates; and

(b) beginning in the 2013-14 school year, ACT scores.

B. School letter grades shall be determined as follows:

(1) 80 - 100 percent A;

(2) 70 - 79 percent B;

(3) 60 - 69 percent C;

(4) 50 - 59 percent D; and

(5) below 50 percent F.

C. Beginning with the 2012-2013 school year data, the Board shall:

(1) implement a school grading system that makes data and reports available to parents, educators and the public. The report shall include the elements described in R277-497-3A.

(2) School data and reports shall be available to parents, educators and the public through a public website that facilitates the comparison of public schools based on the school grading system and demographics.

D. The Board-implemented school grading system shall include test scores for students with disabilities consistent with the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1401(3).

E. For the 2013-2014 school year only, the Board shall adjust school grades to compensate for the new computer adaptive assessment results by adjusting the percentage of total points required for each letter grade so that the distribution of percentage of schools receiving each letter grade will be similar to the distribution of grades for the 2012-2013 school year. The percentages are as follows:

(1) Elementary/middle schools:

(a) 64 - 100 percent A;

(b) 51 - 63 percent B;

(c) 39 - 50 percent C;

(d) 30 - 38 percent D; and

(e) 29 percent and below F.

(2) High schools:

(a) 64 - 100 percent A;

(b) 51 - 63 percent B;

(c) 43 - 50 percent C;

(d) 40 - 42 percent D; and

(e) 39 percent and below F.

F. Beginning with the 2013-2014 school year, students who do not participate in required testing under Section 53A-1-603 due to parent opt out provisions of Section 53A-15-1403(9), shall not be counted in determining the participation rate for purposes of school grades.

G. The Board and LEAs shall take necessary actions within their authority to satisfy Section 53A-15-1403(9)(b).

 

R277-497-4. LEA Responsibilities.

A. LEAs shall provide accurate and timely data as required under R277-484 to allow for the development of the school reports.

B. LEAs shall use the school reports as a communication tool to inform parents and the community about school performance.

C. LEAs shall ensure that the school reports are available for all parents.

 

R277-497-5. School Responsibilities.

A. Schools shall provide data for the school reports as provided in R277-484.

B. Schools shall cooperate with the Board and LEAs to ensure that the school reports are available for all parents.

 

KEY: school reports, grading system

Date of Enactment or Last Substantive Amendment: [January 8, 2014]2015

Notice of Continuation: November 8, 2013

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-1-1113; 53A-1-401(3)

 


Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20150101.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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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 carol.lear@schools.utah.gov.  For questions about the rulemaking process, please contact the Division of Administrative Rules.