DAR File No. 40670
This rule was published in the September 1, 2016, issue (Vol. 2016, No. 17) of the Utah State Bulletin.
Student Reading Proficiency and Notice to Parents
Notice of Proposed Rule
DAR File No.: 40670
Filed: 08/15/2016 07:45:07 PM
Purpose of the rule or reason for the change:
Rule R277-403 is amended in response to H.B. 40, Agency Reporting Requirements, from the 2016 General Session, which deleted several reporting requirements for the Board.
Summary of the rule or change:
The report referenced in Rule R277-403 is removed as it is no longer required; the rule is updated to include specific names of assessments as required in statute to clarify and avoid the practice of simply repeating language in rule that is in statute; and technical and conforming changes are provided throughout the rule.
Statutory or constitutional authorization for this rule:
- Section 53A-17a-150
- Art X, Sec 3
- Section 53A-1-401
Anticipated cost or savings to:
the state budget:
The amendments to this rule include removing a report from the rule consistent with the 2016 legislation, providing specific names of assessments, and providing technical and conforming changes, which likely will not result in a cost or savings to the state budget.
The amendments to this rule include removing a report from the rule consistent with the 2016 legislation, providing specific names of assessments, and providing technical and conforming changes, which likely will not result in a cost or savings to local government.
The amendments to this rule include removing a report from the rule consistent with the 2016 legislation, providing specific names of assessments, and providing technical and conforming changes, 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 this rule include removing a report from the rule consistent with the 2016 legislation, providing specific names of assessments, and providing technical and conforming changes, 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 this rule include removing a report from the rule consistent with the 2016 legislation, providing specific names of assessments, and providing technical and conforming changes, 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, 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.
R277-403. Student Reading Proficiency and Notice to Parents.
. 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[
(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 definitions of terms used in Section
to provide necessary testing and reporting windows and
to require submission by LEA[
S] of student reading assessment data to the [ USOE].
A. "Board" means the Utah State Board of
B.] "Competency" means a demonstrable acquisition
of a specified knowledge, skill
or ability that has been organized into a hierarchical
leading to higher levels of knowledge, skill
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. D. "LEA" means a local education agency,
including local school boards/public school districts and charter
E. "Midpoint of the school year" means January 31
of the school year.]
F.] "Notification to parents" [ for purposes of this rule ]means notice by any
including electronic notice, notice by telephone, written
notice, or personal notice.
G.] "Reading below grade level" [ for purposes of this rule ]means that a student
requires additional instruction beyond that provided to
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].
H.] "Reading remediation interventions" means
[ 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
I. "USOE" means the Utah State Office of
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
. [ Board/USOE]
A. The Board shall designate one benchmark assessment for
use statewide by all LEAs to assess the reading 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
C.] The [ USOE] shall provide procedures for LEAs to
determine expected reading [ levels of first, second and third grade students].
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
E.] To the extent [ of] funds
available, the [ USOE] shall [ select interested LEAs to use] the diagnostic
assessment [ for reading].
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. G. LEAs that select the assessment technology shall use
the assessment consistent with Board directives. 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. I. The Board shall report to the Education Interim
Committee consistent with timelines and information required
under Section 53A-17a-150(13). J. The Board shall make an annual report to the Public
Education Appropriations Subcommittee as described in
. LEA Responsibilities
A.] LEA[ s] 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. C. 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
D.] If a benchmark assessment or supplemental reading
assessment indicates a student [ lacks competency in a reading skill], the LEA shall
[ : (1) provide notice to parents of student's lack of
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
E.] LEA[ s] shall report
in the beginning,]
by February 15,] and
at the end of grade one, grade two and grade three,
F.] LEA[ s] shall also report to parents the student's
reading level at the end of[ third] grade
G.] LEA[ s] shall [ provide as part of the 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.]
KEY: students, reading, competency
Date of Enactment or Last Substantive Amendment: [
November 7, 2013]
Notice of Continuation: June 10, 2013
Authorizing, and Implemented or Interpreted Law: Art X, Sec 3;
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/2016/b20160901.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.
Text to be deleted is struck through and surrounded by brackets ([
example]). Text to be added is underlined (). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
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.