DAR File No. 40507
This rule was published in the July 1, 2016, issue (Vol. 2016, No. 13) of the Utah State Bulletin.
Requirements for Assessments of Student Achievement
Notice of Proposed Rule
DAR File No.: 40507
Filed: 06/15/2016 08:21:11 PM
Purpose of the rule or reason for the change:
R277-404 is amended in response to H.B. 200, Student Assessment Modifications, from the 2016 General Session, which allows a school district or charter school to waive the requirement in Section 53A-1-603 to administer the SAGE assessment for a school district or charter school's 11th grade students.
Summary of the rule or change:
Rule R277-404 is amended to update the rule consistent with the new legislation; to include specific names of assessments, which the Board has designated as required in statute; and to provide technical and conforming changes.
State statutory or constitutional authorization for this rule:
- Subsection 53A-15-1403(9)(b)
- Art X, Sec 3
- Sections 53A-1-603 through 53A-1-611
- Section 53A-1-401
Anticipated cost or savings to:
the state budget:
The amendments to Rule R277-404 provide language to allow a school district or charter school to waive the requirement to administer the SAGE assessment for 11th grade students, which likely will not result in a cost or savings to the state budget.
The amendments to Rule R277-404 provide language to allow a school district or charter school to waive the requirement to administer the SAGE assessment for 11th grade students, which likely will not result in a cost or savings to local government.
The amendments to Rule R277-404 provide language to allow a school district or charter school to waive the requirement to administer the SAGE assessment for 11th grade students, which likely will not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
The amendments to Rule R277-404 provide language to allow a school district or charter school to waive the requirement to administer the SAGE assessment for 11th grade students, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.
Compliance costs for affected persons:
The amendments to Rule R277-404 provide language to allow a school district or charter school to waive the requirement to administer the SAGE assessment for 11th grade students, 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:
To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule.
Sydnee Dickson, Interim State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Office 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.
R277-404-1. Authority and Purpose.
(1) This rule is authorized by:
(a) Utah Constitution Article X, Section
3, which vests general control and supervision [
of] public education in the Board;
(b) Sections 53A-1-603 through 53A-1-611, which direct the Board to adopt rules for the maintenance and administration of U-PASS;
(c) Subsection 53A-15-1403(9)(b), which requires the Board to adopt rules to establish a statewide procedure for excusing a student from taking certain assessments; and
ubs]ection 53A-1-401[ (3)], which allows the Board to [ adopt] rules [ in accordance with its responsibilities].
(2) The purpose of this rule is to:
(a) provide consistent definitions; and
(b) assign responsibilities and procedures for a Board developed and directed comprehensive assessment system for all students, as required by state and federal law.
(1) "Benchmark reading
assessment" means [
an assessment:] [ (a) determined by the Board for a student in grade 1
through 3; and (b) ]administered to a student
at the beginning, [ midpoint], and end of year.
(a)] "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].
(b) "College readiness assessment" may
include: (i) the Armed Services Vocational Aptitude Battery or
ASVAB; and (ii) a battery of assessments that is predictive of
success in higher education. (c) "College readiness assessment" includes the
American College Testing exam or ACT.]
(3) "English Learner" or "EL student" means a student who is learning in English as a second language.
(4) "English language proficiency
assessment" means [
an assessment: (a) designated by the Superintendent; and (b) ] designed to measure the acquisition of the academic English
language for an English Learner student.
(5) "Family Educational Rights and Privacy Act of 1974" or "FERPA," 20 U.S.C. 1232g, means a federal law designed to protect the privacy of students' education records.
(6) "National Assessment of Education Progress" or "NAEP" means the national achievement assessment administered by the United States Department of Education to measure and track student academic progress.
(7) "Online writing assessment"
a Board-designated online assessment to] measure
writing performance for a student in grades 3 through
(8) "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 that has occurred during the school year.
(9) "State required assessment" means an assessment described in Subsection 53A-15-1403(9)(a).
(10) "Student Assessment of Growth and Excellence" or "SAGE" means a computer adaptive assessment for:
(a) English language arts grades 3 through 11;
(i) grades 3 through 8; and
(ii) Secondary I, II, and III; and
(i) grades 4 through 8;
(ii) earth science;
(iv) physics; and
(11) "Section 504 accommodation plan" means a plan:
(a) required by Section 504 of the Rehabilitation Act of 1973; and
(b) 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.
(12) "Summative adaptive
assessment" means [
(a) administered upon completion of instruction to assess a student's achievement;
(b) administered online under the direct supervision of a licensed educator;
(c) designed to identify student achievement on the standards for the respective grade and course; and
(d) 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.
(13) "Utah alternate assessment" means :
a]) [ an assessment instrument designated by the
Superintendent] for a student in special education with a
disability so severe the student is not able to participate in the
components of U-PASS even with an assessment accommodation or
measures progress on the Utah core instructional goals
and objectives in the student's IEP.
(14) "Utah eTranscript and Record Exchange" or "UTREx" means a system that allows:
(a) an LEA and [
USOE] to electronically exchange an individual
detailed student record; and
(b) 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.
(15) "Utah Performance Assessment System for Students" or "U-PASS" means:
a ] summative adaptive assessment of a student in grades 3
through 12 in basic skills courses;
an ] online writing assessment in grades 3 through 11[ , as part of SAGE];
a ] college readiness assessment; and
summative assessment of a student in grade 3 to measure
reading grade level using [
grade 3 SAGE English Language Arts].
(1) The Board's comprehensive assessment system for all students in grades K-12 includes:
a summative adaptive assessment in:]
(i) English language arts for grades 3 through
11; (ii) mathematics for grades 3 through 8; (iii) secondary math 1, 2, and 3;; (iv) science for grades 4 through 8; and (v) earth systems, biology, physics and
chemistry; (b) an online writing assessment for grades 3 through
c]) pre-post kindergarten assessment for a kindergarten
student as determined by the LEA;
d]) [ 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; (e) grade 3 end of year summative reading assessment using
grade 3 SAGE English Language Arts];
Utah[ 's] alternate assessment, for an eligible
student with a disability;
g]) [ an] English language proficiency assessment;
National Assessment of Educational Progress (NAEP);
(i) college readiness assessment for: (i) grade 11 and optional college; and (ii) career readiness assessment in grade 8 or 9 and 10, as
determined by the LEA]; and
j]) reporting by the Superintendent of U-PASS results.
(2) The report required by Subsection [
(1)(j)] shall include:
(a) 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 the Superintendent to an LEA, parent, and other, as appropriate, consistent with FERPA.
(3) The [
Board] shall provide[ specific rules, administrative] guidelines,
timelines, procedures, and assessment ethics training and
requirements for all required assessments.
. LEA Responsibilities
A]n LEA shall develop a comprehensive assessment system plan
to include the assessments described in Subsection R277-404-[ 3](1).
(2) The plan shall[
, at a minimum,] include:
a]) professional development for an educator to fully
implement the assessment system;
b]) training for an educator and an appropriate
paraprofessional in the requirements of assessment administration
c]) training for an educator and an appropriate
paraprofessional to utilize assessment results effectively to
inform instruction; and
d]) adequate oversight of test administration to ensure
compliance with Section 53A-1-603 as follows:
(i) an LEA or online provider shall test all enrolled students unless a student has a written parental excuse under Subsection 53A-15-1403(9);
(ii) a student participating in the Statewide Online Education Program is assessed consistent with Section 53A-15-1210; and
(iii) a third party vendor or contractor may not administer or supervise U-PASS.
(3) An LEA 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, incorporated by reference, and located at
USOE, 250 East 500 South, Salt Lake City, or online at
(4) At least once each school year, an LEA 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 practices.
(5) LEA assessment staff shall use the [
USOE] Testing Ethics Policy in
providing training for all assessment administrators and
(6) An LEA may not release state assessment data publicly until authorized to do so by the Superintendent.
. School Responsibilities.
(1) An LEA, school, or educator may not use a student's score on a state required assessment to determine:
(a) the student's academic grade, or a portion of the student's academic grade, for the appropriate course; or
(b) whether the student may advance to the next grade level.
(2) An LEA and school shall require an
educator and assessment administrator and proctor to individually
sign the Testing Ethics signature page provided by [
USOE] acknowledging or assuring that the educator
administers assessments consistent with ethics and protocol
(3) All educators and assessment
administrators shall conduct assessment preparation, supervise
assessment administration, [
provide] assessment results[ , and complete error resolution]
(4) All educators and assessment
administrators and 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
(5) A student's IEP, EL, or Section 504 accommodation plan team shall determine an individual student's participation in statewide assessments .
. Student and Parent Participation in Student Assessments in
Public Schools; Parental Exclusion from Testing and Safe Harbor
(1)(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.
(b) Parents may further exercise their inherent rights to exempt their children from a state required assessment without further consequence by an LEA.
(2) An LEA shall administer state required assessments to all students unless:
(a) the Utah alternate assessment is
approved for specific students consistent with federal law and as
specified in [
a] student's IEP; or
(b) students are excused by a parent or guardian under Section 53A-15-1403(9) and as provided in this rule.
(3)(a) A parent may exercise the right to exempt their child from a state required assessment.
(b) Except as provided in Subsection (3)(c), upon exercising the right to exempt a child from a state required 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.
(c) If a parent exempts the parent's child from the basic civics test required in Sections 53A-13-109.5 and R277-700-8, the parent's child is not exempt from the graduation requirement in Subsection 53A-13-109.5(2), and may not graduate without successfully completing the requirements of Sections 53A-13-109.5 and R277-700-8.
(4)(a) In order to exercise the right to exempt a child from a state required assessment under this provision and insure the protections of this provision, a parent shall:
(i) fill out:
(A) the Parental Exclusion from State
Assessment Form provided on [
USOE's] website; or
(B) an LEA specific form as described in Subsection (4)(b); and
(ii) submit the form:
(A) to the principal or LEA either by email, mail, or in person; and
(B) on an annual basis and at least one day prior to beginning of the assessment.
(b) An LEA may create an LEA specific form for a parent to fill out as described in Subsection (4)(a)(i)(B) if:
(i) the LEA includes a list of local LEA assessments that a parent may exempt the parent's student from as part of the LEA's specific form; and
(ii) the LEA's specific form includes
all of the information described in the Parental Exclusion from
State Assessment Form provided on [
USOE's] website as described in Subsection
(5)(a) A teacher, principal, or other LEA administrator may contact a parent to verify that the parent submitted a parental exclusion form described in Subsection (4)(a)(i).
(b) An LEA may request, but may not require, a parent to meet with a teacher, principal, or other LEA administrator regarding the parent's request to exclude the parent's student from taking a state required assessment.
(6) School grading, teacher evaluations, and student progress reports or grades may not be negatively impacted by students excused from taking a state required assessment.
(7) Any assessment that is not a state required assessment, the administration of the assessments, and the consequence of taking or failing to take the assessments is governed by policy adopted by each LEA.
(8) An LEA 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.
(9) An LEA may not reward a student for taking a state required assessment.
. Public Education Employee Compliance with Assessment
Requirements, Protocols, and Security.
(1) An educator, test administrator or proctor, administrator, or school employee may not:
(a) provide a student directly or indirectly with a specific question, answer, or the content of any specific item in a standardized assessment prior to assessment administration;
(b) download, copy, print, take a picture of, or make any facsimile of protected assessment material prior to, during, or after assessment administration without express permission of the Superintendent and an LEA administrator;
(c) change, alter, or amend any student online or paper response or any other standardized assessment material at any time in a way that alters the student's intended response;
(d) use any prior form of any standardized
assessment, including pilot assessment materials, that the
Superintendent has not released in assessment preparation without
express permission of [
USOE] and an LEA administrator;
(e) violate any specific assessment
administrative procedure specified in the assessment administration
manual, violate any state or LEA standardized assessment policy or
procedure, or violate any procedure specified in [
USOE] Testing Ethics
(f) fail to administer a state required assessment;
(g) fail to administer a state required assessment within the designated assessment window;
(h) submit falsified data;
(i) allow a student to copy, reproduce, or photograph an assessment item or component; or
(j) knowingly do anything that would affect the security, validity, or reliability of standardized assessment scores of any individual student, class, or school.
(2) A school employee shall promptly
report an assessment violation or irregularity to a building
administrator, an LEA superintendent or director, or [
(3) An educator who violates this rule or an assessment protocol is subject to Utah Professional Practices Advisory Commission or Board disciplinary action consistent with R277-515.
(4) All assessment material, questions, and student responses for required assessments is designated protected, consistent with Section 63G-2-305, until released by the Superintendent.
(5)(a) 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
(b) An individual educator or school employee 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 test administration.
R277-404-8. Time Periods for Assessment Administration.
(1) An LEA educator or trained employee shall administer
assessments required under R277-404-3 consistent with the
following schedule: (a) all summative adaptive assessments, an online writing
assessment, and a Utah alternative assessment for elementary and
secondary, English language arts, math, science, within the
Superintendent's annually designated assessment
windows; (b) English language proficiency assessment: (i) 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 progress;
and (ii) submit materials to the Superintendent's
identified scoring provider for scanning and scoring on a
schedule defined by the Superintendent; (c) pre-post kindergarten assessment for a kindergarten
student as determined by the LEA during assessment windows
determined by the LEA; (d) 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; (e) grade 3 end of year summative reading assessment
using grade 3 SAGE English Language Arts; and (f) NAEP assessments determined and required annually by
the United States Department of Education and administered to
students as directed by United States Department of
Education. (2) An LEA educator or trained employee shall complete
all required assessment procedures prior to the end of the
assessment window defined by the Superintendent. (3)(a) An LEA that has an alternative schedule shall
submit an annual testing plan to the Superintendent by September
1 annually. (b) The plan shall: (i) set dates for summative adaptive assessment
administration for courses taught face to face or
online; (ii) 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; and (iii) provide a course level assessment schedule to the
Superintendent before instruction begins for the
R277-404-9. Data Exchanges.
(1) The [
USOE] IT Section shall communicate regularly with an
LEA regarding the required format for electronic submission of
(2) An LEA shall update UTREx data using the processes and according to schedules determined by the Superintendent.
(3) An LEA shall ensure that any computer software for maintaining or submitting LEA data is compatible with data reporting requirements established in Rule R277-484.
(4) The Superintendent shall provide direction to an LEA detailing the data exchange requirements for each assessment.
5]) An LEA shall verify that it has satisfied all the
requirements of the Superintendent's directions described in
6]) Consistent with Utah law, the Superintendent shall return
assessment results from all required assessments to the school
before the end of the school year.
KEY: assessment , student achievement
Date of Enactment or Last Substantive Amendment: [
December 8, 2015]
Notice of Continuation: September 13, 2013[
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-603 through 53A-1 ; 53A-1-401(3)
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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 Office of Administrative Rules.