DAR File No. 40670

Education, Administration

Rule R277-403

Student Reading Proficiency and Notice to Parents

Notice of Proposed Rule

(Amendment)

DAR File No.: 40670
Filed: 08/15/2016 07:45:07 PM

RULE ANALYSIS

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.

local governments:

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.

small businesses:

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
Administration
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 protected]

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:

10/03/2016

This rule may become effective on:

10/10/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

R277. Education, Administration.

R277-403. Student Reading Proficiency and Notice to Parents.

R277-403-[2]1 . Authority and Purpose.

[A.](1) This rule is authorized [under]by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board[, by];

(b) Section 53A-1-401, which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(c) Section 53A-17a-150[(14)], which directs the Board to make rules to implement the K-3 Reading Improvement Program and to require progress reports from each LEA documenting the LEA's satisfaction with its reading goals[(s), and by Section 53A-1-401(3) which allows the Board to make rules in accordance with its responsibilities].

[B.](2) The purpose of this rule is :

(a) to designate assessments required in Section 53A-1-606.6;

(b) to provide definitions of terms used in Section 53A-1-606.6[,];

(c) to provide necessary testing and reporting windows and timelines[,]; and

(d) to require submission by LEA[S]s of student reading assessment data to the [USOE]Board.

 

R277-403-[1]2 . Definitions.

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

(1) "Benchmark reading assessment" means the Dynamic Indicators of Basic Early Literacy Skills or DIBELS assessment.

[B.](2) "Competency" means a demonstrable acquisition of a specified knowledge, skill , or ability that has been organized into a hierarchical arrangement , leading to higher levels of knowledge, skill , or ability.

[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 schools.]

[E. "Midpoint of the school year" means January 31 of the school year.]

[F.](3) "Notification to parents" [for purposes of this rule ]means notice by any reasonable means , including electronic notice, notice by telephone, written notice, or personal notice.

[G.](4) "Reading below grade level" [for purposes of this rule ]means that a student :

(a) performs below the benchmark score on the benchmark reading assessment; and

(b) 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].

[H.](5) "Reading remediation interventions" means reading instruction or reading activities , or both , [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 assessments.

(6) "Utah eTranscript and Record Exchange" or "UTREx" means the same as that term is defined in Section R277-404-2.

[I. "USOE" means the Utah State Office of Education.]

[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 Education.]

 

R277-403-[4]3 . [Board/USOE]Superintendent Responsibilities.

[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 students.]

[C.](1) The [USOE]Superintendent shall provide procedures for LEAs to determine expected reading [levels of first, second and third grade students]competencies of students in grade 1, grade 2, and grade 3.

[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 53A-1-606.7.]

[E.](2) To the extent [of]that funds are available, the [USOE]Superintendent shall [select interested LEAs to use]distribute the diagnostic reading assessment [for reading]tool designated in Section 53A-1-606.7 to LEAs.

[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 53A-17a-150(16).]

 

R277-403-[3]4 . LEA Responsibilities - Timelines.

[A.](1) An LEA[s] shall administer the[Board approved] benchmark reading assessments [at the beginning, in the middle, and at the end of grade one, grade two and grade three]in grade 1, grade 2, and grade 3 within the following testing windows[determined by USOE.]:

(a) the first benchmark before September 30;

(b) the second benchmark between December 1 and January 31; and

(c) the third benchmark between the middle of April and June 15.

(2) An LEA shall report benchmark reading assessment results to the Superintendent by:

(a) October 30;

(b) the last day of February; and

(c) June 30.

[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 level.]

[D.](3) If a benchmark assessment or supplemental reading assessment indicates a student [lacks competency in a reading skill]is reading below grade level, the LEA shall implement the notification and reading remediation interventions described in Section 53A-1-606.6.[:

(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 competency.]

[E.](4) An LEA[s] shall report benchmark reading assessment results to parents of students in grade 1, grade 2, and grade 3 by:

(a) [in the beginning,]October 30;

(b) [by February 15,]the last day of February; and

(c) [at the end of grade one, grade two and grade three, assessment results]June 30.

[F.](5) An LEA[s] shall also report to parents the student's reading level at the end of[third] grade 3.

[G.](6) An LEA[s] shall [provide as part of the UTREx Data Submission,]submit to UTREx the following information from the benchmark assessment:

(a) whether or not each student is reading on grade level at each administration of the assessment;

(b) whether or not each student received reading intervention; and

(c) the composite score for each student at each administration of the assessment.

[(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.]

(7) An LEA that selects the reading assessment technology shall use the assessment consistent with Board directives.

 

KEY: students, reading, competency

Date of Enactment or Last Substantive Amendment: [November 7, 2013]2016

Notice of Continuation: June 10, 2013

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-1-606.6(2); 53A-1-401[(3)]