DAR File No. 41977

Education, Administration

Rule R277-496

K-3 Reading Software Licenses

Notice of Proposed Rule

(New Rule)

DAR File No.: 41977
Filed: 07/31/2017 02:50:58 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new Rule R277-496 provides criteria and procedures to administer the K-3 reading software program.

Summary of the rule or change:

This new Rule R277-496 includes provisions moved from Rule R277-489 and adds new provisions to define "technology provider's dosage recommendation" and probation requirements for a school to reenter the reading software program after losing the school's access to licenses.

Statutory or constitutional authorization for this rule:

• Section 53A-1-401
• Art X, Sec 3
• Section 53A-17a-167(5)

Anticipated cost or savings to:

the state budget:

Enactment of this new rule will likely not result in a cost or savings to the state budget. Provisions moved from Rule R277-489 and new provisions apply to schools not meeting probationary requirements and local education agencies for not complying with the provisions of this rule.

local governments:

There will be costs to a school on probation that does not use the K-3 reading software license in accordance with a technology provider's dosage recommendations during the probationary year. There could be action taken against a school that does not meet the technology provider's dosage recommendations, including withholding software licenses or funds, for a local education agency that fails to provide complete, accurate, and timely reporting as required by this rule. Costs are speculative.

small businesses:

Enactment of this new rule will likely not result in a cost or savings to small businesses. Provisions moved from Rule R277-489 and new provisions apply to schools not meeting probationary requirements and local education agencies for not complying with the provisions of this rule.

persons other than small businesses, businesses, or local governmental entities:

Enactment of this new rule will likely not result in a cost or savings to persons other than small businesses, businesses, or local governmental entities. Provisions moved from Rule R277-489 and new provisions apply to schools not meeting probationary requirements and local education agencies for not complying with the provisions of this rule.

Compliance costs for affected persons:

There will be compliance costs to schools not complying with a technology provider�s dosage recommendations and there could be compliance costs to a local education agency not meeting the reporting requirements of this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

After conducting a thorough analysis, it was determined that the amendments to this rule will not result in a fiscal impact to most businesses, other than a business that the Board contracts with to provide software for the K-3 reading software program. If a school does not meet the fidelity or dosage requirements of Subsections 53A-17a-167 (5) through (8), the business could lose revenue because schools no longer qualify to receive software licenses. The potential to lose revenue is a direct result of the fidelity/dosage requirements in Section 53A-17a-167, not this rule, but the definition of the technology provider's dosage recommendations is included in this Rule R277-496.

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:

09/14/2017

This rule may become effective on:

09/21/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

R277. Education, Administration.

R277-496. K-3 Reading Software Licenses.

R277-496-1. Authority and Purpose.

(1) This rule is authorized by:

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

(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) Subsections 53A-17a-167(5) through (8), which direct the Board to distribute software licenses for the K-3 reading software program to LEAs that apply for the licenses.

(2) The purpose of this rule is to establish criteria and procedures to administer the K-3 reading software program.

 

R277-496-2. Definitions.

(1) "Aggregate student population" means the total number of students within a school who are using a technology provider's K-3 reading software licenses.

(2) "Early interactive reading software" or "K-3 reading software license" means technology tools and software that adjust the presentation of educational material according to a student's weaknesses and strengths, as indicated by the student's responses to questions.

(3) "Use early interactive reading software in accordance with a technology provider's dosage recommendations" means when at least 80% of the aggregate student population of a school, by provider, uses a technology provider's K-3 reading software for at least 80% of:

(a) the minimum number of weeks of use recommended by the technology provider for the K-3 reading software program; or

(b) the average number of minutes of use recommended by the technology provider for the K-3 reading software program.

 

R277-496-3. K-3 Reading Software Licenses.

(1) The Superintendent shall select one or more technology providers through an RFP to provide early interactive reading software for students in kindergarten through grade 3.

(2) A school may apply for early interactive reading software for students in kindergarten through grade 3.

(3) The Superintendent shall accept applications from LEAs for K-3 reading software licenses that satisfy the requirements of Section 53A-17a-167 and the provisions of this rule.

(4) If the number of requests for K-3 reading software licenses exceeds the number of licenses available, the Superintendent shall give priority to:

(a) requests for licenses to be used in Kindergarten or grade 1; or

(b) a school that:

(i) received a K-3 reading license in a previous school year; and

(ii) used the K-3 reading license in accordance with the technology provider's dosage recommendations.

(5) The Superintendent shall establish timelines for submission of applications. (6) A school may not require a student to participate in the K-3 reading software license program.

 

R277-496-4. School Probationary Re-entry Into the Program.

(1) If a school does not use the K-3 reading software licenses in accordance with the technology provider's dosage recommendations as described in Subsection 53A-17a-167(7)(c), the school may not receive K-3 reading software licenses for one year.

(2) A school described in Subsection (1) may reapply to re-enter the program on a probationary basis and receive K-3 reading software licenses if the school meets the probation requirements of this Section R277-496-4.

(3) A school is on probation if the school:

(a) previously received K-3 reading software licenses;

(b) lost eligibility to participate in the program as described in Subsection 53A-17a-167(7)(c); and

(c) receives K-3 reading software licenses after re-entering the program.

(4)(a) The school principal, instructional leaders, and teachers of a school on probation shall engage in all of the available technology provider support structures and interventions for probationary software programs, including:

(i) data dives;

(ii) professional learning; and

(iii) usage and fidelity updates.

(b) A technology provider shall establish the specific support structure requirements and interventions described in Subsection (4)(a) for the technology provider's software program.

(5) If a technology provider does not offer support structure requirements and interventions as described in Subsection (4), the Superintendent may not make the technology provider's software available for a school that is on probation.

(6) If a school on probation does not use the K-3 reading software licenses in accordance with a technology provider's dosage recommendations during the probationary year, the school may not receive a K-3 reading license for the following year unless the school on probation pays for 50% of the costs of the K-3 reading license software license.

 

R277-496-5. Reporting.

(1) An LEA receiving K-3 reading software licenses shall provide information that is requested by the Superintendent or external evaluator selected by the Board in conducting the evaluation required in Subsection 53A-17a-167(8).

(2) The Superintendent may recommend action to the Board, including withholding of funds, in accordance with Rule R277-114 for an LEA that fails to provide complete, accurate, and timely reporting as required by this rule.

 

KEY: reading, software, licenses

Date of Enactment of Last Substantive Amendment: 2017

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401; 53A-17a-167(5) through (8)