DAR File No. 42963

Education, Administration

Rule R277-403

Student Reading Proficiency and Notice to Parents

Notice of Proposed Rule

(Repeal)

DAR File No.: 42963
Filed: 06/11/2018 08:49:54 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-403 is due for its five-year review and staff has recommended repealing the rule. Provisions from Rule R277-403 will be added to Rule R277-406, K-3 Reading Improvement Program and the State Reading Goal. (EDITOR'S NOTE: The proposed amendment to Rule R277-406 is under Filing No. 42997 in this issue, July 1, 2018, of the Bulletin.)

Summary of the rule or change:

In the 2018 General Session, the Early Literacy Program (previously known as the K-3 Reading Improvement Program) was amended. As such, Rule R277-403 and Rule R277-406 require amendments to further clarify and define the Utah State Board of Education and local education agency (LEA) responsibilities. Therefore, this rule is repealed in its entirety.

Statutory or constitutional authorization for this rule:

• Article X Section 3
• Section 53F-2-503
• Subsection 53A-3-401(4)

Anticipated cost or savings to:

the state budget:

Repealing this rule will not have a fiscal impact on state government revenues or expenditures. Provisions of this rule will be added to Rule R277-406.

local governments:

Repealing this rule will not have a fiscal impact on local government's revenues or expenditures. Provisions of this rule will be added to Rule R277-406.

small businesses:

Repealing this rule will not have a fiscal impact on small businesses� revenues or expenditures. This rule is for a LEA program and does not affect small businesses. Provisions of this rule will be added to Rule R277-406.

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

Repealing this rule will not have a fiscal impact on other individuals' revenues or expenditures. This rule is for a LEA program and does not affect other individuals. Provisions of this rule will be added to Rule R277-406.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). Repealing this rule will not have a fiscal impact on large or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

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 801-538-7550, 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:

07/31/2018

This rule may become effective on:

08/07/2018

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are zero large businesses with a NAICS code 611110 (Elementary and Secondary Schools). There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which have fewer than 50 employees so qualify as small businesses. Thus, this rule change is not expected to have any fiscal impact on large businesses' revenue or expenditures because there are no applicable large businesses and it does not require any expenditures of or generate any revenues for large businesses.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

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

R277-403-1. 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) Section 53A-17a-150, 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.

(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 LEAs of student reading assessment data to the Board.

 

R277-403-2. Definitions.

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

(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.

(3) "Notification to parents" means notice by any reasonable means, including electronic notice, notice by telephone, written notice, or personal notice.

(4) "Reading below grade level" 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.

(5) "Reading remediation interventions" means reading instruction or reading activities, or both, 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.

 

R277-403-3. Superintendent Responsibilities.

(1) The Superintendent shall provide procedures for LEAs to determine expected reading competencies of students in grade 1, grade 2, and grade 3.

(2) To the extent that funds are available, the Superintendent shall distribute the diagnostic reading assessment tool designated in Section 53A-1-606.7 to LEAs.

 

R277-403-4. LEA Responsibilities - Timelines.

(1) An LEA shall administer the benchmark reading assessments in grade 1, grade 2, and grade 3 within the following testing windows:

(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.

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

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

(a) October 30;

(b) the last day of February; and

(c) June 30.

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

(6) An LEA shall 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.

(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: October 11, 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 ]