DAR File No. 42999

Education, Administration

Rule R277-497

School Grading System

Notice of Proposed Rule

(Amendment)

DAR File No.: 42999
Filed: 06/14/2018 03:25:27 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to set performance thresholds for the purpose of assigning overall ratings to schools, establish provisions for the methodology of calculating points, and address exclusions from the school accountability system. Rule R277-497 is being amended to reflect changes in Title 53E, Chapter 5, Part 2, School Accountability System, from the 2018 General Session, H.B. 297.

Summary of the rule or change:

Rule R277-497 is being amended to reflect changes in Title 53E, Chapter 5, Part 2, School Accountability System, from the 2018 General Session, H.B. 297. The amendments include: setting performance thresholds for the purpose of assigning overall school ratings; detailing specific provisions on calculating points on certain indicators; and providing for exclusions from the statewide accountability system for data privacy.

Statutory or constitutional authorization for this rule:

• Article X Section 3
• Subsection 53E-3-401(4)
• Section 53E-5-202

Anticipated cost or savings to:

the state budget:

These rule changes are not expected to have any fiscal impact on state government revenues or expenditures. These rule changes are due to legislative changes in school accountability in Title 53E, Chapter 5, Part 2. Amendments to this rule include setting performance thresholds for school ratings, detailing specific provisions on calculation points for certain indicators, and providing for exclusions from the statewide accountability system for data privacy. These changes in calculating indicators and overall school performance may change school ratings, but they are not expected to have a fiscal impact on state government revenues or expenditures.

local governments:

These rule changes are not expected to have any fiscal impact on local government revenues or expenditures. These rule changes are due to legislative changes to school accountability in Title 53E, Chapter 5, Part 2. Amendments to this rule include setting performance thresholds for school ratings, detailing specific provisions on calculation points for certain indicators, and providing for exclusions from the statewide accountability system for data privacy. These changes in calculating indicators and overall school performance may change local education agency school ratings but they are not expected to have a fiscal impact on local education agencies (LEAs).

small businesses:

These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. These rule changes are due to legislative changes to school accountability in Title 53E, Chapter 5, Part 2. Amendments to this rule include setting performance thresholds for school ratings, detailing specific provisions on calculation points for certain indicators, and providing for exclusions from the statewide accountability system for data privacy. This rule applies to school accountability for LEAs 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. These rule changes are due to legislative changes to school accountability in Title 53E, Chapter 5, Part 2. Amendments to this rule include setting performance thresholds for school ratings, detailing specific provisions on calculation points for certain indicators, and providing for exclusions from the statewide accountability system for data privacy. This rule applies to school accountability for LEAs and does not affect other individuals.

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). These rule changes apply to LEAs 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 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.

R277-497. School [Grading]Accountability System.

R277-497-1. Authority and Purpose.

(1) This rule is authorized by:

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

(b) Section [53A-1-1113]53E-5-202, which directs the Board to adopt rules to implement a [school grading system]statewide accountability system;[

(c) Section 53A-1-1104, which authorizes the Board to make a rule to establish an accountability plan for an alternative school or special needs school that the Board has exempted from school grading;] and

[(d)](c) Subsection [53A-1-401(3)]53E-3-401(4), which allows the Board to [adopt rules in accordance with its responsibilities.]make rules to execute the Board's duties and responsibilities under the Utah Constitution and State law.

(2) The purpose of this rule is to set performance thresholds for the purpose of assigning overall ratings to schools, establish provisions for the methodology of calculating points, and address exclusions from[provide consistent definitions, standards, and procedures for LEAs to report school data through a] the school [grading]accountability system.

 

[R277-497-2. Definitions.

(1) "Alternative school" means the same as that term is defined in Section 53A-1-1102.

(2) "Special needs school" means a school that only enrolls a student that:

(a) has at least one of the following disabilities:

(i) an intellectual disability;

(ii) a hearing impairment or deafness;

(iii) a speech or language impairment;

(iv) a visual impairment, including blindness;

(v) deafblindness;

(vi) an emotional disturbance;

(vii) an orthopedic impairment;

(viii) autism;

(ix) developmental delay;

(x) traumatic brain injury;

(xi) other health impairment;

(xii) multiple disabilities; or

(xiii) specific learning disabilities; and

(b) has been determined to need placement in a special school by an IEP team.

 

R277-497-3. Board Responsibilities.

(1) The Board may not count a student who does not participate in required testing under Section 53A-1-603 due to parent excuse provisions of Subsection 53A-15-1403(9) and Section R277-404-6 in determining the participation rate for purposes of school grades.

(2) The Board and LEAs shall take necessary actions within their authority to satisfy Subsection 53A-15-1403(9)(b).

(3) The Superintendent shall calculate student growth targets by determining scale scores set at the 40th percentile for each student as compared to the student's academic peers with similar end of level results.

 

R277-497-4. LEA Responsibilities.

(1) An LEA shall provide accurate and timely data as required under Rule R277-484 to allow for the development of the school reports.

(2) An LEA shall use the school reports as a communication tool to inform parents and the community about school performance.

(3) An LEA shall ensure that the school reports are available for all parents.

 

R277-497-5. School Responsibilities.

(1) A school shall provide data for the school report as provided in Rule R277-484.

(2) A school shall cooperate with the Board and LEAs to ensure that the school report is available for all parents.

 

R277-497-6. Exemption from School Grading.

(1)(a) As authorized by Section 53A-1-1104, an alternative school or a special needs school may submit a request for an exemption from school grading for the next three school years to the Board by July 1.

(b) The request shall demonstrate that:

(i) the school meets the definition of an alternative school or a special needs school;

(ii) the school has the approval of:

(A) the school's LEA governing board; or

(B) if the school is the Utah Schools for the Deaf and the Blind, the USDB advisory committee; and

(iii) if the school has received an exemption for a previous school year, the school has timely submitted to the Superintendent all information necessary for the Board to evaluate the school as required by Section 53A-1-1104.

(2)(a) The Board shall exempt a school from school grading if the school meets the requirements of Subsection (1).

(b) Except as provided by Subsection (2)(c), an exemption from school grading is valid for three school years.

(c) The Board may revoke an exemption if a school fails to timely submit to the Superintendent all information necessary for the Board to annually evaluate the school in accordance with the accountability plan.

 

R277-497-7. Accountability Plan -- General Provisions.

(1)(a) This rule incorporates by reference the Guide to Utah's Comprehensive Accountability System for Alternative Schools - June 6, 2014, which describes the accountability plan required by Section 53A-1-1104, with the exceptions for a special needs school described in Section R277-497-8.

(b) The Superintendent shall annually evaluate a school in accordance with the accountability plan by calculating a school's composite score, which has a maximum value of 1500, by summing the school's weighted indicator scores.

(2) The accountability plan consists of five indicators weighted as follows:

(a) growth, which measures student academic progress based on a school's median student growth percentile for all students and below proficient students, is 20% with a maximum score of 300;

(b) attendance, which is the higher of a school's attendance rate in the current year or improvement in cohort attendance rate from the previous year, is 25% with a maximum score of 375;

(c) credit earning, which measures the degree to which a student enrolled in the current year is successfully completing courses in which the student is enrolled or is making improvement in cohort credit earning rate from the previous year, is 25% with a maximum score of 375;

(d) attainment, which measures the extent to which a student successfully completes or makes substantial progress toward completion of meaningful educational goals, is 20% with a maximum score of 300; and

(e) school climate, which measures whether a school is collecting data to evaluate school climate and using results to inform efforts to improve climate, is ten percent with a maximum score of 150.

(3) The Superintendent shall assign the scores based on the rubrics established in the guide.

 

R277-497-8. Accountability Plan Exceptions.

(1) At the request of a special needs school, the Superintendent may exempt a student from the attendance indicator score calculation if the student has a documented medical condition that prevents the student from attending 160 days of school.

(2) In accordance with a Section 53A-1-111, a student with a disability may take an alternative assessment to determine the student's growth instead of the Student Assessment of Growth and Excellence.

(3) If required by Section R277-410-5, a special needs school shall report on the school's progress on the school's accreditation improvement plan in the School Snapshot section of the school's report card published by the Superintendent under Subsection 53A-1-1104(5)(b)(ii).]

R277-497-2. Assignment of Overall Rating for a School.

(1) The Superintendent shall assign an overall school rating in accordance with the indicators described in Section 53E-5-205 for elementary and middle schools and Section 53E-5-206 for high schools.

(2) The Board establishes the following performance thresholds for the Superintendent to assign overall ratings to schools.

(3) For an elementary or middle school:

(a) an "A" rating represents an exemplary school, where the school has earned 63.25% of the total points possible;

(b) a "B" rating represents a commendable school, where the school has earned 55% of the total points possible;

(c) a "C" rating represents a typical school, where the school has earned 43.5% of the total points possible;

(d) a "D" rating represents a developing school, where the school has earned 35.5% of the total points possible; and

(e) an "F" rating represents a critical needs school, where the school has earned less than 35.5% of the total points possible.

(4) For a high school:

(a) an "A" rating represents an exemplary school, where the school has earned 64% of the total points possible;

(b) a "B" rating represents a commendable school, where the school has earned 57% of the total points possible;

(c) a "C" rating represents a typical school, where the school has earned 46% of the total points possible;

(d) a "D" rating represents a developing school, where the school has earned 38% of the total points possible; and

(e) an "F" rating represents a critical needs school, where the school has earned less than 38% of the total points possible.

(5) In accordance with Section 53E-5-204(3)(b), for the 2017-18 school year, the Superintendent may not assign an overall rating to a school.

 

R277-497-3. Indexing of Points for Calculating Academic Growth.

(1) For the purposes of calculating academic growth, the Superintendent shall assign each student a student growth percentile (SGP) and a student growth target (SGT).

(2) The Superintendent shall assign points to a school for student growth relative to the percentage of students who meet their SGT as follows:

(a) if a student's SGP is greater than or equal to the student's SGT, and the student meets the SGT goal for a subject area, the student is awarded a weight based on the student's SGP using the following index:

(i) if the student's SGP is greater than 65, the weight is 1.0;

(ii) if the student's SGP is between 50 and 65, the weight is 0.75;

(iii) if the student's SGP is between 40 and 49, the weight is 0.50; and

(iv) if the student's SGP is less than 40, the weight is 0.25; or

(b) if a student's SGP is less than the student's SGT and the student does not meet the SGT goal for a subject area, the student is awarded a weight based on the student's SGP using the following index:

(i) if the student's SGP is greater than 65, the weight is 0.75;

(ii) if the student's SGP is between 50 and 65, the weight is 0.50;

(iii) if the student's SGP is between 40 and 49, the weight is 0.25; and

(iv) if the student's SGP is less than 40, the weight is 0.

(3) To determine the total growth points allocated to a school, the Superintendent shall:

(a) add all the weights and divide by the total number of tests to establish a percentage; and

(b) multiply the percentage by the total growth points possible.

 

R277-497-4. Specific Provisions on Calculation of Points.

(1)(a) In accordance with Section 53E-5-207(4)(c)(ii), the Superintendent shall award 10% of the points allocated for high school graduation based on a school's five-year graduation rate.

(b) A school may not earn more than the total number of points possible for the graduation rate indicator.

(2)(a) In accordance with Section 53E-5-210, the Superintendent shall determine that an ELL student meets adequate progress if the ELL student has an increase in proficiency level by 0.4 on an English language proficiency assessment approved by the Board and designated in Rule R277-404.

(3)(a) For a school that chooses to include additional quality indicators on its school report card, the school may choose up to two additional self-reported indicators.

(b) The Superintendent shall approve a list of indicators that a school may use for purposes of Subsection (4)(a), and may also approve other indicators that an LEA may submit for consideration.

(c) The Superintendent shall publish the pre-approved self-reported indicators list on the Assessment and Accountability section of the USBE website.

(d) If a school elects to include the additional self-reported indicators, the school shall notify the Superintendent by established due dates, which are published on the Assessment and Accountability section of the USBE website by July 1.

(5) When calculating postsecondary readiness points for a high school student's performance on a college readiness assessment, the Superintendent shall use the student's ACT score obtained during the statewide administration of ACT.

(6) The Superintendent shall publish the Utah Accountability Technical Manual, which includes:

(a) additional technical details on the calculation of points;

(b) business rules;

(c) detailed explanations on the methodologies for the calculation of achievement, student growth, equitable education opportunity, and postsecondary readiness and;

(d) other indicators to appropriately assess the educational impact of a school that serves a special student population.

(6) A copy of the Utah Accountability Technical Manual is located at:

(a) https://schools.utah.gov/assessment/resources; and

(b) the offices of the Utah State Board of Education.

 

R277-497-5. Exclusions From the Accountability System and Indicators for Schools Serving a Special Student Population.

(1)(a) In determining schools to exempt from the school accountability system, in accordance with Section 53E-5-203, the Superintendent shall exempt a school in which the number of students tested on a statewide assessment is less than 10.

(b) The Superintendent may not report any school indicator for which the student group size for that indicator is less than 10.

(2) The Superintendent shall publish other indicators, in addition to indicators described in Sections 53E-5-205 and 53E-5-206, to appropriately assess the educational impact of a school that serves a special student population.

 

KEY: school reports, school grading accountability

Date of Enactment or Last Substantive Amendment: [February 8, 2016]2018

Notice of Continuation: August 13, 2015

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; [53A-1-1104; 53A-1-1113]53E-5-202 ; [53A-1-401(3)]53E-3-401(4)