DAR File No. 40887

Education, Administration

Rule R277-604

Private School, Home School, Electronic High School (EHS), and Bureau of Indian Affairs (BIA) Student Participation in Public School Achievement Tests

Notice of Proposed Rule

(Amendment)

DAR File No.: 40887
Filed: 10/14/2016 02:43:30 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-604 is amended to provide technical and conforming changes.

Summary of the rule or change:

The amendments to Rule R277-604 provide technical and conforming changes necessary, so the rule is in compliance with the Rulewriting Manual for Utah. The amendments also remove unnecessary or outdated language and terms.

Statutory or constitutional authorization for this rule:

• Art X, Sec 3
• Section 53A-1-603
• Section 53A-1-401

Anticipated cost or savings to:

the state budget:

The amendments to Rule R277-604 provide technical and conforming changes, which likely will not result in a cost or savings to the state budget.

local governments:

The amendments to Rule R277-604 provide technical and conforming changes, which likely will not result in a cost or savings to local government.

small businesses:

The amendments to Rule R277-604 provide 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 Rule R277-604 provide 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 Rule R277-604 provide 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 angie.stallings@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:

12/01/2016

This rule may become effective on:

12/08/2016

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

R277. Education, Administration.

R277-604. Private School, Home School,[ Electronic High School (EHS),] and Bureau of Indian Affairs (BIA) Student Participation in Public School Achievement Tests.

R277-604-[2]1 . Authority and Purpose.

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

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

(b) Section 53A-1-401[(3)], which allows the Board to [adopt]make rules [in accordance with its responsibilities]to execute the Board's duties and responsibilities under the Utah Constitution and state law[,]; and

(c) Section 53A-1-603[(1)(a)], which directs the Board to require school districts [to implement the Utah Performance Assessment System for Students]and charter schools to administer the U-PASS assessment system to uniformly measure statewide student performance.

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

([1]a) to provide opportunities for Utah private school students and home school students who are Utah residents, and Utah students attending [BIA]Bureau of Indian Affairs schools to participate in U-PASS;

([2]b) to maintain the integrity and security of U-PASS;

([3]c) to provide an orderly and manageable administrative process for public schools to include Utah private school students and home school students who are Utah residents, and Utah students attending BIA schools to participate in U-PASS if they so desire; and

([4]d) to protect the public investment in U-PASS by making assessments available to students who are not funded by the public education system through fair, reasonable, and consistent practices.

 

R277-604-[1]2 . Definitions.

[A. Utah Basic Skills Competency Test (UBSCT) means the test required under Section 53A-1-611 for Utah students seeking a high school diploma (suspended through at least the 2011-2012 school year).]

[C.](1) "Home school student" means a student who has been excused from compulsory education and for whom documentation has been completed under Section 53A-11-102.

[D. "Public school achievement test" means a standardized test which measures or attempts to measure the level of performance which a student has attained in one or more courses of study. Achievement tests shall mean criterion-referenced tests consistent with 53A-1-602(3)(b)(c) and (d).]

[B.](2) "Private school" means a school that is not a public school but:

[(1) has a location or space in Utah where teachers have regularly scheduled face-to-face classes with students;]

([2]a) has a current business license through the Utah Department of Commerce;

([3]b) is accredited [through the Northwest Accreditation Commission or another regional accrediting agency]as described in R277-410; and

([4]c) has and makes available a written policy for maintaining and securing student records[;].

[(5) charges tuition generally consistent with other private schools in Utah; and

(6) employs teachers with licenses, credentials or demonstrable skills and expertise for instructing students in Core Curriculum courses or areas.]

(3) "Utah Performance Assessment System for Students" or "U-PASS" means:

(a) the summative adaptive assessment of a student in grades 3 through 12 in basic skills courses;

(b) the online writing assessment in grades 3 through 11;

(c) the college readiness assessment; and

(d) the summative assessment of a student in grade 3 to measure reading grade level using the end of year benchmark reading assessment.

 

R277-604-3. Private Schools.

[A.](1) Private school students who are Utah residents, as defined under 53A-2-201, may[ be allowed to] participate in U-PASS.

[B.](2) Private school students who are not Utah residents may participate in U-PASS only by payment in advance of the full cost of individual assessments as determined by local school board policy.

[C.](3)(a) Private schools that are interested in participating in U-PASS may, at the public school district's discretion, do so only in the public school district in which the private school is located.

([1]b) School districts shall determine at which public schools within the district private school students may take achievement tests.

([2]c) A private school may request the following from the school district in which the private school is located:

(i) an annual schedule of U-PASS dates[,];

(ii) the locations at which private schools may be tested; and

(iii) written policies for private school student participation.[An annual U-PASS schedule may be available online on school district websites.]

[D.](4) A [S]school district [policies]shall develop a policy regarding private school student participation in U-PASS, which shall include:

([1]a) reasonable costs for the participation of Utah private school students in U-PASS to be paid in advance by either the student or the student's private school;

([2]b) an explanation of reasonable costs including costs for administration materials, scoring, and reporting of assessment results[, and any state-related costs as determined by the state, to be passed on to the state. School district administration costs, determined by local boards, shall remain in the district.];

([3]c) notice to private school administrators of any required private school administrator participation in monitoring or proctoring of tests; and

([4]d) reasonable time lines for private school requests for participation and school district[/] or school response[;].

[(5) limits, if any, of numbers of non-public students that can be accommodated by the public school for all tests; and

(6) written notice to private schools of testing rules, including required identification for staff and students of implements or materials that private schools or private school students may or may not bring or use for each test.]

 

R277-604-4. Home School Students.

[A.](1) A [H]home school student[s] who[are]is a Utah resident[s], as defined under Section 53A-2-201, [shall be allowed to]may participate in U-PASS as provided in this rule.

[B.](2) A [H]home school student[s shall be allowed to] may participate in U-PASS only if [they have]the student has satisfied the home schooling requirements of Section 53A-11-102.

[C. Home school student participation:]

([1]3) [Elementary-age]A home school student[s] who desires to participate in U-PASS may [do so]participate [only ]in[the]:

(a) the public school district in which the home school student's parent[/]or legal guardian resides[.]; or

(b) a charter school.

[(2) Secondary home school students who desire to participate in U-PASS may do so only in the public school district in which the home school student's parent/legal guardian resides only if the student is enrolled in one or more Core program(s) or course(s) at the resident public school.

(3) School districts shall determine at which public school(s) within the district qualifying home school students may take achievement tests.]

(4) A home school student[/] or parent may request the following from the school district in which the home school student[/] or parent resides or a charter school:

(a) an annual schedule of U-PASS dates[,];

(b) the locations at which home school students may be tested; and

(c) written policies for home school student participation.

[D.](5) A [S]school district or charter school shall develop a polic[ies]y regarding home school student participation in U-PASS, which[shall include]:

([1]a) [any costs required from traditional students]may not require a home school student to pay a fee that is not charged to traditional students;[.]

([2]b) shall include notice to home school students[/]or parents of any required parent[/] or adult participation in monitoring or proctoring of tests; and

([3]c) shall include reasonable time lines for home school requests for participation and school district[/] or school response[;].

[(4) limits, if any, of numbers of non-public students that can be accommodated by the public school for all tests; and

(5) written notice to home school students/parents of testing rules, including required identification and proof of residency for adults and students and implements or materials that home school students may or may not bring or use for each test.

E. The USOE shall absorb the costs for testing qualifying (enrolled in one or more Core program(s) or course(s) at the public school) home school students unless or until the number of home school students requesting testing in all districts exceeds two percent of the public education students enrolled in the state.

 

R277-604-5. Utah Electronic High School (EHS) Students.

A. EHS students may participate in testing in the school district and school of residence, consistent with Section 53A-2-201, if:

(1) the student has been enrolled in EHS by the school counselor consistent with the student's SEOP; and

(2) the student has met all requirements and standards for Utah home school students.

B. The USOE shall absorb the costs for testing of Utah EHS students until and unless the number of EHS students exceeds two percent of the number of traditionally enrolled Utah public school students.]

 

R277-604-[6]5 . Bureau of Indian Affairs (BIA) Students.

[A.](1) BIA schools [administrators shall be responsible to meet]may participate in all U-PASS requirements for all Utah students.

[B.](2) Materials and training shall be provided to BIA schools from the public school district in which the school is located on the schedule that applies to Utah school districts.

[C. BIA school administrators shall be notified of all information and training by the public school district in which the school is located.]

 

R277-604-6. LEA Responsibilities.

An LEA shall comply with the following when administering U-PASS to a private, home school, or Bureau of Indian Affairs' student:

(1) Board Rule R277-404; and

(2) the Standard Test Administration and Testing Ethics Policy described in R277-404-3.

 

KEY: home school, private school,[ electronic high school,]participation , achievement tests

Date of Enactment or Last Substantive Amendment: [August 9, 2010]2016

Notice of Continuation: October 27, 2011

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401[(3)]; 53A-1-603(1)(a)