DAR File No. 39838
This rule was published in the November 1, 2015, issue (Vol. 2015, No. 21) of the Utah State Bulletin.
Requirements for Assessments of Student Achievement
Notice of Proposed Rule
DAR File No.: 39838
Filed: 10/15/2015 03:09:22 PM
Purpose of the rule or reason for the change:
This rule is amended to provide opt out provisions required by S.B. 204, from the 2015 General Session and provide technical and conforming changes.
Summary of the rule or change:
The amendments provide opt out provisions for a parent to exempt their child from a state required assessment without further consequence by a local education agency (LEA); provide requirements that an LEA, school, and educator cannot use a student's score on a state required assessment to determine the student's academic grade or if the student may advance to the next grade level; and provide technical and conforming changes throughout the rule.
State statutory or constitutional authorization for this rule:
- Art. X, Sec. 3
- Subsection 53A-15-1403(9)(b)
- Sections 53A-1-603 through 53A-1-611
- Subsection 53A-1-401(3)
Anticipated cost or savings to:
the state budget:
The amendments to this rule provide for greater parental rights in decision-making regarding state required assessments which will likely not result in a cost or savings to the state.
LEAs will follow the procedures provided in the amendments to this rule for excusing a student from taking a state required assessment. This will likely not result in a cost or savings to local government.
The amendments to this rule provide for greater parental rights in the public school system which will likely not affect small businesses and not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
A parent will have greater control over their child's participation in state required assessments which will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities.
Compliance costs for affected persons:
There are likely no compliance costs for affected persons. LEAs will follow the procedures provided for in this amended rule.
Comments by the department head on the fiscal impact the rule may have on businesses:
To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule.
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
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at email@example.com
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:
This rule may become effective on:
Angela Stallings, Associate Superintendent, Policy and Communication
R277. Education, Administration.
R277-404. Requirements for Assessments of Student Achievement.
. 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 maintenance
and administration of U-PASS[
6]) which requires the Board to adopt rules to establish a
statewide procedure for excusing a student from taking certain
assessments[ ,] and
Subsection 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 ]assign responsibilities and procedures for a
Board developed and directed comprehensive assessment system for
all students, as required by state and federal law.
A. "Board" means the Utah State Board of
B.] "Benchmark reading assessment" means an
determined by the Board for
s] in grade 1 through 3 and
s] at the beginning, midpoint and end of year[ ;]
C.] "College readiness assessment" means an
assessment adopted by the Board that includes a college admissions
test that provides an assessment of language arts, mathematics, and
science, that is most commonly used by local universities to assess
student preparation for college.
The c]ollege readiness assessment may include
the Armed Services Vocational Aptitude Battery
(]ASVAB[ )] and
a battery of assessments that is predictive of success in higher education.
"College readiness assessment" includes the
American College Testing exam[
[ (]ACT[ )].
D. "Educator" means an individual licensed under
Section 53A-6-104 and who meets the requirements of
E.] "English Learner
[ (]EL[ )] student" means a student who is learning
in English as a second language.
F.] "English language proficiency assessment"
means an assessment
designated by the [
designed to measure the acquisition of the academic
English language for
G.] "Family Educational Rights and Privacy Act of 1974
[ (]FERPA[ )]," 20 U.S.C. 1232g, means a federal law
designed to protect the privacy of students' education
records.[ The law is hereby incorporated by reference.]
H. "Individualized Education Program (IEP)" means
an individualized instructional and assessment plan for students
who are eligible for special education services under the
Individuals with Disabilities Education Act of 2004. I. "LEA" means local education agency, including
local school boards/ public school districts and schools, and
J.] "National Assessment of Education Progress
[ (]NAEP[ )]" [ is] the national achievement assessment administered by
the United States Department of Education to measure and track
student academic progress.
K.] "Online [ W]riting [ A]ssessment" means a Board-designated online assessment
to measure writing performance for
student[ s] in grades 3 through 11.
L.] "Pre-post" means an assessment administered at
the beginning of the school year and at the end of the school year
to determine individual student growth in academic proficiency [ which] has occurred during the school year.
M.] "State [ administered] assessment" means a
[ formative, interim, summative SAGE, Utah alternate
assessment, benchmark reading assessment, EXPLORE, PLAN, or the
N.] "Student Assessment of Growth and Excellence
[ (]SAGE[ )]" means a[ summative] computer adaptive assessment for
English language arts grades 3 through 11;
grades 3 through 8[
Secondary I, II, and III;
grades 4 through 8[
O.] "Section 504 accommodation plan"
required by Section 504 of the Rehabilitation Act of
, means a plan]
designed to accommodate an individual who has been determined, as a result of an evaluation, to have a physical or mental impairment that substantially limits one or more major life activities.
P.] "Summative adaptive assessment[ s]" means
administered upon completion of instruction to assess a
The assessments are ]administered online under the
direct supervision of a licensed educator[ and are]
designed to identify student achievement on the
standards for the respective grade and course[
The assessments ]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.
Q. "USOE" means the Utah State Office of
R.] "Utah alternate assessment" means
an assessment instrument designated by the [
student[ s] in special education with
disabilit[ ies] so severe the[ y] [ are] not able to participate in the components of U-PASS even
assessment accommodation[ s] or modification[ s.]
The Utah alternative assessment ]measures progress
on the Utah core instructional goals and objectives in the
student's [ individual education program (]IEP[ )].
S.] "Utah eTranscript and Record Exchange
[ (]UTREx[ )]" means a system that allows
detailed student record[
s to be exchanged electronically between public education
LEAs and the USOE, and allows]
electronic transcripts to be sent to any post-secondary institution, private or public, in-state or out-of-state, that participates in the e-transcript service.
T.] "Utah Performance Assessment System for
[ (]U-PASS[ )]" means:
summative adaptive assessment[ s] of
student[ s] in grades 3 through 12 in basic skills
2]) an online writing assessment in grades 3 through 11, as
part of SAGE;
college readiness assessment[ s]; and
4]) summative assessment of
student[ s] in grade 3 to measure reading grade level using
grade 3 SAGE English Language Arts.
R277-404-3. Board Responsibilities.
A.] The Board
[ shall maintain a ]comprehensive assessment system
for all students in grades K-12[ . This assessment system shall] include:
summative adaptive assessment[ s] in
English language arts for grades 3 through 11;
mathematics for grades 3 through 8;
secondary math 1, 2, and 3;[
science for grades 4 through 8;
earth systems, biology, physics and chemistry;
[ O]nline [ W]riting [ A]ssessment for grades 3 through 11;
3]) pre-post kindergarten assessment for
kindergarten student[ s] as determined by the LEA;
4]) one benchmark reading assessment approved by the Board
for students in grades 1 through 3 and administered to students at
the beginning, midpoint and end of year;
5]) grade 3 end of year summative reading assessment using
grade 3 SAGE English Language Arts;
6]) Utah's alternate assessment, for
eligible student[ s] with
7]) an English language proficiency [ test];
8]) National Assessment of Educational Progress (NAEP);
9]) college readiness assessment[ s] for
grade 11 and optional college and
career readiness assessment[
s] in grade 8 or 9 and 10, as determined by the
10]) reporting by the [ USOE] of U-PASS results[ to include:]
student performance based on information that is disaggregated with respect to race, ethnicity, gender, English proficiency, eligibility for special education services, and free or reduced price school lunch status;
(b) security features to maintain the integrity of the system, including statewide uniform assessment dates, assessment administration protocols, and training; and
(c) summative adaptive assessment results
disseminated by [
LEA[ s], parent[ s], and other[ s], as appropriate, consistent with FERPA.
B.] The Board shall provide specific rules, administrative
guidelines, timelines, procedures, and assessment ethics training
and requirements for all required assessments.
R277-404-4. LEA Responsibilities.
A.] LEA[ s] shall develop a comprehensive assessment system
plan to include the assessments described in
is] plan shall, at a minimum, include:
1]) professional development for
educator[ s] to fully implement the assessment system;
2]) training for
educator[ s] and
appropriate paraprofessional[ s] in the requirements of assessment
administration ethics;[ and]
3]) training for
educator[ s] and
appropriate paraprofessional[ s] to utilize assessment results effectively to
inform instruction; and
4]) adequate oversight of test administration to ensure
compliance with Section 53A-1-603[ (1)] as follows:
LEA[ s] or online provider[ s] shall test all enrolled students unless
student[ s have]
a written parental excuse under S
[ S]tudent[ s] participating in the Statewide Online Education
Program [ shall be] assessed consistent with Section 53A-15-1210; and
[ T]hird party vendor[ s] or contractor[ s] may not administer or supervise U-PASS[ assessments].
B.] LEA[ s] shall make all policies and procedures
consistent with the law, Board rules for standardized assessment
administration, and the USOE Testing Ethics Policy, approved by the
Board August 8, 2014.
C.] At least once each school year,
LEA[ s] shall provide professional development for all
educators, administrators, and standardized assessment
administrators concerning guidelines and procedures for
standardized assessment administration, including educator
responsibility for assessment security and proper professional
D.] LEA assessment staff shall use the USOE Testing Ethics
Policy in providing training for all assessment administrators[ /] proctors.
E.] LEA[ s] may not release state assessment data publicly
until authorized to do so by the [ USOE].
R277-404-5. School Responsibilities.
A.] LEA[ s/]
school[ s] shall require
educator[ s] and assessment administrator[ s/]
proctor[ s] to individually sign the Testing Ethics
signature page provided by[ the] USOE acknowledging or assuring that the
educator administers assessments consistent with ethics and
B.] All educators and assessment administrators shall
conduct assessment preparation, supervise assessment
administration, provide assessment results
and complete error resolution.
C.] All educators and assessment administrators[ /] proctors shall securely handle and return all protected
assessment materials, where instructed, in strict accordance with
the procedures and directions specified in assessment
administration manuals, LEA rules and policies, Board rules, USOE
Testing Ethics Policy, and state applications of federal
requirements for funding.
D.] A student's IEP, EL, or Section 504
team shall determine an individual
student's participation in statewide assessments.
R277-404-6. Student and Parent Participation in Student Assessments in Public Schools; Parental Exclusion from Testing and Safe Harbor Provisions.
A.] Parents are primarily responsible for their
children's education and have the constitutional right to
determine which aspects of public education, including assessment
systems, in which their children participate.
Parents may further exercise their inherent rights to
exempt their children from a state [
administered] assessment without further consequence by an
B.] LEA[ s] shall administer state [ administered] assessments to all students unless:
1]) the Utah alternate assessment is approved for specific
students consistent with federal law and as specified in a
student's IEP; or
2]) students are excused by a parent or guardian under
Section 53A-15-1403(9) and as provided in this rule.
C.] A parent may exercise the right to exempt their child
from a state [ administered] assessment.
U]pon exercising the right to exempt a child from a state [ administered] assessment under this provision, an LEA may not
impose an adverse consequence on a child as a result of the
exercise of rights under this provision.
In order to exercise the right to exempt a child from
a state [
administered] assessment under this provision and insure the
protections of this provision, a parent shall[ annually complete the Board approved parent excuse form a
minimum of one (1) day prior to the administration of the state
administered assessment and provide the form to the responsible
D.] School grading, teacher evaluations, and student
progress reports or grades may not be negatively impacted by
students excused from taking a state [ administered] assessment.
E.] Any assessment [ not mandated by the Board as defined in
R277-404-1M], the administration
of [ such] assessments, and the consequence of taking or failing to
take [ such] assessments [ shall be] governed by polic[ ies] [ to be ]adopted by each LEA.
F.] LEA[ s] shall provide a student's individual test
results and scores to the student's parent or guardian upon
request and consistent with the protection of student privacy.
G.] An LEA may not reward a student for taking a state [ administered] assessment[ as defined in R277-404-1M].
R277-404-7. Public Education Employee Compliance with Assessment Requirements, Protocols, and Security.
A.] [ E]ducator[ s], test administrator[ s/]
proctor[ s], administrator[ s], [ and] school employee[ s] may not:
student[ s] directly or indirectly with
specific question[ s], answer[ s], or the content of any specific item in a
standardized assessment prior to assessment administration;
2]) download, copy, print, take
picture[ s] of
or make any facsimile of protected assessment material
prior to, during
or after assessment administration without express
permission of the [ USOE] and
LEA administrator[ s];
3]) change, alter or amend any student online or paper response or any other
standardized assessment material[ s] at any time in[ such] a way that alters the student's intended
4]) use any prior form of any standardized assessment [ (]including pilot assessment materials[ )] that
has not[ been] released[ by the USOE] in assessment preparation without
express permission of[ the] USOE and
LEA administrator[ s];
5]) violate any specific assessment administrative procedure
specified in the assessment administration manual,[ or] violate any state or LEA standardized
assessment policy or procedure, or violate any procedure specified
in[ the] USOE Testing Ethics Policy;
6]) fail to administer a state required assessment;
7]) fail to administer a state required assessment within the
designated assessment window;
8]) submit falsified data;
student[ s] to copy, reproduce, or photograph
assessment item[ s] or component[ s]; or
10]) knowingly do anything that would affect the security,
validity, or reliability of standardized assessment scores of any
individual student, class, or school.
B.] A school employee shall promptly report a[ ll] assessment violation[ s] or irregularit[ ies] to a building administrator, an LEA superintendent or
director, or [ the ]USOE.
C.] [ E]ducator[ s] who violate
th[ ese] rule[ s] or
assessment protocol[ s are]
subject to Utah Professional Practices Advisory
Commission or Board disciplinary action consistent with
D.] All assessment material[ s], questions
and student responses for required assessments [ shall be] designated protected, consistent with Section 63G-2-305,
until released by the [ USOE].
E.] Each LEA shall ensure that all assessment content is
secured so that only authorized personnel have access and that
assessment materials are returned to USOE following testing, as
required by the [ USOE].
I]ndividual educator[ s] or school employee[ s] may not retain or distribute test materials, in
either paper or electronic form, for purposes inconsistent with
ethical test administration or beyond the time period allowed for
R277-404-8. Time Periods for Assessment Administration.
A.] LEA educator[ s] or trained employee[ s] shall administer assessments required under
R277-404-3 consistent with the following schedule:
1]) [ A]ll summative adaptive assessments, an online writing
and a Utah alternative assessment
[ (]elementary and secondary, English language arts,
math, science[ )] within the [ USOE] annually designated assessment windows[ .]
2]) [ The ]English language proficiency assessment:
a]) [ LEA educators or trained employees shall administer the
assessment] annually to all English Learner students
identified as Level 1 Entering, Level 2 Beginning, Level 3
Developing, Level 4 Expanding, or enrolled for the first time in
the LEA at any time during the school year to show student
b]) [ LEA educators or trained employees shall ]submit [ English language proficiency assessment ]materials
to the [ USOE-] identified scoring provider for
scanning and scoring on a schedule defined by the [ USOE.]
3]) [ LEA educators or trained employees shall
administer ]pre-post kindergarten assessment for
kindergarten student[ s] as determined by the LEA during assessment
windows determined by the LEA[ .]
4]) [ LEA educators or trained employees shall
administer ]one benchmark reading assessment determined by
the Board for grade 1, grade 2, and grade 3 students in the
beginning, midpoint, and end of the school year[ .]
5]) [ LEA educators or trained employees shall
administer ]grade 3 end of year summative reading
assessment using grade 3 SAGE English Language Arts[ .]
6]) [ LEA educators or trained employees shall
administer ]NAEP assessments determined and required
annually by the United States Department of Education and
administered to students as directed by United States Department of
B.] LEA educator[ s] or trained employee[ s] shall complete all required assessment
procedures prior to the end of the[ USOE-defined] assessment window[ (s)].
C.] LEA[ s] that ha[ ve] alternative schedule[ s] shall submit an annual testing plan to the [ USOE] by September 1 annually.
The plan shall:
1]) set dates for summative adaptive assessment
administration for courses taught face to face or online;
2]) set dates to assess students at the point in the course
where students have had approximately the same amount of
instructional time as students on a traditional full year schedule;
3]) provide a course level assessment schedule to the [ USOE] before instruction begins for the course.
R277-404-9. Data Exchanges.
A.] The USOE IT Section shall communicate regularly with
LEA[ s] regarding
required format[ s] for electronic submission of required data.
B.] LEA[ s] shall update UTREx data using the processes and
according to schedule[ (s
)] determined by the [ USOE].
C.] LEA[ s] shall ensure that any computer software for
maintaining or submitting LEA data is compatible with data
reporting requirements [ as determined] in
D.] The [ USOE] shall provide direction[ s] to a[ ll] LEA[ s] detailing the data exchange requirements for
E.] [ Each] LEA shall verify that
all the requirements of the [ USOE-provided] directions[ have been satisfied]
F.] Consistent with Utah law, the [ USOE] shall return assessment results from all
required assessments to the school before the end of the school
KEY: assessment, student achievement
Date of Enactment or Last Substantive Amendment: [
Notice of Continuation: September 13, 2013
Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-1-603 through 53A-1-611; 53A-1-401(3)
More information about a Notice of Proposed Rule is available online.
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For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.