DAR File No. 42997

Education, Administration

Rule R277-406

K-3 Reading Improvement Program and the State Reading Goal

Notice of Proposed Rule

(Amendment)

DAR File No.: 42997
Filed: 06/14/2018 03:23:03 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to outline the responsibilities of the Utah State Board of Education (Board) State Superintendent and local education agencies (LEAs) for implementation of Section 53F-2-503 and the Board's administration of Early Literacy in the state, including to: 1) set expectations for LEA Early Literacy Plans; 2) establish timelines for LEA Early Literacy Plans; 3) provide definitions and designate assessments required in Section 53E-4-307; 4) provide testing reporting windows and timelines; and 5) require LEAs to submit student reading assessment data to the Board.

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, Board Rules R277-403 and R277-406 require amendments to further clarify and define Board and LEA responsibilities. Rule R277-406 is amended to provided technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies.

Statutory or constitutional authorization for this rule:

• Article X Section 3
• Subsection 53F-2-503(14)(a)
• Section 53E-4-307
• Subsection 53A-3-401(4)

Anticipated cost or savings to:

the state budget:

These rule changes may have a fiscal impact on state government expenditures, but not revenues. This rule is due for its five-year review, and it required amendments to add clarity after passage of S.B. 194, Early Literacy Program, during the 2018 General Session. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes add additional specificity regarding the Superintendent's responsibilities in administering this program. Most of these changes reflect current practice. New language requires LEAs that do not make sufficient progress toward plan goals to be in the Board System of Support and participate in interventions to improve early literacy. The Superintendent is tasked with establishing the strategies, interventions, and techniques for schools in the Board System of Support to help schools achieve early literacy goals. These changes reflect new statutory language and may cost up to 3% of the $15,000,000 ($450,000) already appropriated for the Early Literacy Program. Thus, no new funding is required, but some of the funding passed through to LEAs may shift to the Board for administration of the program.

local governments:

These rule changes may have a fiscal impact on local government revenues and expenditures. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes add additional specificity regarding the LEA responsibilities in administering this program. Most of these changes reflect current practice. New language requires LEAs that do not make sufficient progress toward plan goals to be in the Board System of Support and participate in interventions to improve early literacy. The Superintendent is tasked with establishing the strategies, interventions, and techniques for schools in the Board System of Support to help schools achieve early literacy goals. These changes reflect new statutory language. The Board may utilize up to 3% of the $15,000,000 ($450,000) already appropriated for the Early Literacy Program. Thus, LEAs may see a reduction in allocations from the program commensurate with the amount of funding used by the Board. For school districts, this potential impact also means the required match from local property tax revenues could decrease (charter schools receive full funding from the state and do not provide a match).

small businesses:

These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures because they affect the early literacy program which is funded by a state appropriation (and a match from school districts), and this rule clarifies and defines Board and LEA responsibilities and does not affect small businesses.

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

These rule changes are not expected to have any fiscal impact on other individuals' revenues or expenditures because they affect the early literacy program which is funded by a state appropriation (and a match from school districts), and this rule clarifies and defines Board and LEA responsibilities and does not affect other individuals.

Compliance costs for affected persons:

There are no compliance costs for affected person.

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). These rule changes apply to LEAs and the Board and 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 [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:

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, these rule changes are not expected to have any fiscal impact on large businesses' revenue or expenditures because there are no applicable large businesses and they do 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.

R277-406. [ K-3 Reading Improvement ] Early Literacy Program and Benchmark Reading Assessment [ and the State Reading Goal ].

R277-406-1. 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) Subsection 53E-3-401(4), which allows the Board to make rules in accordance with its responsibilities;[and]

(c) Subsection 53F-2-503(14)(a), which directs the Board to develop rules for implementing the [K-3 Reading Improvement]Early Literacy Program[.]; and

(d) Section 53E-4-307, which requires the Board to approve a benchmark assessment for statewide use to assess the reading competency of students in grades one, two, and three.

(2) The purpose of this rule is to outline the responsibilities of the Superintendent and LEAs for implementation of Section 53F-2-503 and the Board's administration of Early Literacy in the state, including to:[, K-3 Reading Improvement Program, and Section 53E-4-306 , State Reading Goal-Reading Achievement Plan.]

(a) set expectations for LEA Early Literacy Plans;

(b) establish timelines for LEA Early Literacy Plans;

(c) provide definitions and designate assessments required in Section 53E-4-307;

(d) provide testing reporting windows, and timelines; and

(e) require LEAs to submit student reading assessment data to the Board.

 

R277-406-2. Definitions.

(1) "Benchmark reading assessment" means [an]the Dynamic Indicators of Basic Early Literacy Skills or DIBELS assessment that:

(a) is given three times each year;[at:

(i) the beginning of the school year;

(ii) the midpoint of the school year; and

(iii) the end of the school year;]

(b) gives teachers information to:

(i) plan appropriate instruction; and

(ii) evaluate the effects of instruction; and

(c) provides data about the extent to which students are prepared to be successful on [the]an end of year Criterion Referenced Test.

[(2) "Grade level in reading" means that a student gains adequate meaning from independently reading texts designed for instruction at that grade level.]

(2) "Evidence-based" means a strategy that has demonstrated a statistically significant effect on improving student outcomes.

(3) "Parental notification requirements" means notice by any reasonable means, including electronic notice, notice by telephone, written notice, or personal notice.

[(3)](4) "[LEA p]Plan" means the [K-3 Reading Achievement]literacy proficiency improvement plan required in the Early Literacy Program [Plan]that is submitted by a public school district or a charter school, as required in Subsection 53F-2-503(4).

[(4) "Midpoint of school year" means January 31 of the school year.

(5) "Program" means the K-3 Reading Improvement Program.

(6)](5) "Program money" means the same as that term is defined in Section 53F-2-503.

(6) "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.

(7) "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.

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

[(7) "School plan" means the K-3 Reading Achievement Program Plan submitted by a public school or a charter school.]

 

R277-406-3. Benchmark Reading Assessments.

(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 the benchmark reading assessment indicates a student is reading below grade level, the LEA shall implement the parental notification requirements and evidence-based reading remediation interventions described in Section 53E-4-307.

(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 submit to UTREx the following information from the benchmark reading assessment:

(a) whether or not each student received reading intervention;

(b) UTREx Special Codes related to the benchmark reading assessment; and

(c) for an LEA not using a state-approved vendor for the benchmark reading assessment:

(i) whether or not each student is reading on or above benchmark at each administration of the assessment; and

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

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

 

R277-406-[3]4. [Board/Superintendent Responsibilities.]Early Literacy Plans -- LEA and Superintendent Requirements - Timelines.

[(1) The Board shall approve a program plan submitted by an LEA pursuant to Subsection R277-406-4(1).]

(1) To receive program money, an LEA shall submit:

(a) a plan in accordance with Subsection 53F-2-503(4); and

(b) other required materials within established deadlines.

(2) For the 2018-19 school year:

(a)(i) any time before August 15, an LEA may submit its plan to the Superintendent for pre-approval; and

(ii) for each LEA that submits a plan for pre-approval, the Superintendent shall provide feedback in preparation for the LEA submitting the plan to its local board;

(b) after its plan is approved by its local board, an LEA shall submit a final plan to the Superintendent by no later than October 1;

(c) within three weeks of an LEA submitting a final, local board-approved plan to the Superintendent, the Superintendent shall notify the LEA if the plan has been approved; and

(d)(i) if the Superintendent does not approve the LEA's plan, the LEA shall incorporate needed changes or provisions and resubmit the amended plan by December 1; and

(ii) the Superintendent shall approve a resubmitted plan that incorporated the requested changes by December 15.

(3) For the 2019-20 school year and subsequent school years:

(a)(i) any time before June 15, an LEA may submit its plan to the Superintendent for pre-approval; and

(ii) for each LEA that submits a plan for pre-approval, the Superintendent shall provide feedback in preparation for the LEA submitting the plan to its local board;

(b) after its plan is approved by its local board, an LEA shall submit a final plan to the Superintendent by no later than August 1;

(c) within three weeks of an LEA submitting a final, local board-approved plan to the Superintendent, the Superintendent shall notify the LEA if the plan has been approved; and

(d)(i) if the Superintendent does not approve the LEA's plan, the LEA shall incorporate needed changes or provisions and resubmit the amended plan by October 1; and

(ii) the Superintendent shall approve a resubmitted plan that incorporated the requested changes by October 15.

(4) When reviewing an LEA plan for approval, the Superintendent shall evaluate:

(a) the extent to which the LEA's goals are ambitious, yet attainable; and

(b) if the plan uses evidence-based curriculum, materials, and practices, which will support the LEA in meeting its growth goals.

(5) All LEA plans shall be reported to the Superintendent using a digital reporting platform.

 

R277-406-5. Accountability and Reporting on Early Literacy Plans.

(1) An LEA shall report progress toward the goals outlined in the LEA's plan to the Superintendent by June 30 each year.

(2) In accordance with S[ubs]ection 53F-2-503, [the uniform standard for ]a growth goal [is that the goal]in an LEA's plan:

(a) [signifies]is calculated using the percentage of [third grade ]students in an LEA's grades 1 through 3 who made typical, above typical, or well-above typical progress from the beginning of the year to the end of the year, [in third grade ]as measured by the benchmark reading assessment; and

(b) sets the target percentage of [third graders]students in grades 1 through 3 making typical progress or better at [47.83]a minimum of 60 percent.

(3) The Superintendent shall use the information provided by an LEA described in Subsection R277-406-4[(3)] to determine the progress of each student in grades 1 through 3 within the following categories:

(i) well-above typical;

(ii) above typical;

(iii) typical;

(iv) below typical; or

(v) well-below typical.

(4) If an LEA does not make sufficient progress toward its plan goals, as defined in Subsection (5), the LEA shall be in the Board System of Support and required to participate in interventions to improve early literacy.

(5) Sufficient progress toward plan goals means the LEA meets:

(a) the LEA's growth goal, as described in Subsection 53F-2-503(4)(a)(v); and

(b) at least one of the LEA-designated goals addressing performance gaps, as described in Subsection 53F-2-503(4)(a)(vi).

(6) The Superintendent shall establish the strategies, interventions, and techniques for schools that are in the Board System of Support to help schools achieve early literacy goals.

 

[R277-406-4. Responsibilities of LEAs.

(1) To receive Program money, a school with K-3 grade levels shall submit a school plan to its local board or charter board, and each LEA shall submit an LEA plan to the Board for reading proficiency improvement that incorporates the components described in Subsections 53E-4-306(3)(d) and 53F-2-503(4)(a).

(2) The school plan shall be created:

(a) for a school in a district, under the direction of the school community council;

(b) for a charter school, under the direction of the charter school governing board.

(3)(a) An LEA shall complete the report required by Subsections 53F-2-503(13)(a) and 53F-2-503(14)(b)(i) within timelines set by the Superintendent.

(b) The report shall include:

(i) the information described in Subsection 53F-2-503(16)(a) for kindergarten, first grade, second grade, and third grade, including information from the previous five years; and

(ii) the composite scores on the benchmark assessment of students in grades 1 through 3 to the Superintendent:

(A) through UTREx; and

(B) on or before July 1 of each year.

(4) An LEA that loses Program money due to a failure to meet its goal of increasing the percentage of third grade students at grade level may reapply for the Program money upon submission of a revised K-3 Reading Improvement Plan after one year of not receiving Program money.]

 

KEY: reading, improvement, goals

Date of Enactment or Last Substantive Amendment: [October 8, 2015]2018

Notice of Continuation: June 10, 2013

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-2-503(14)(a)