DAR File No. 43278

Education, Administration

Rule R277-496

K-3 Reading Software Licenses

Notice of Proposed Rule

(Amendment)

DAR File No.: 43278
Filed: 10/15/2018 04:54:02 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended to conform with changes made to the statutory language that governs this program.

Summary of the rule or change:

This rule is being amended to conform with changes made to the statutory language that governs this program. S.B. 127 passed during the 2018 General Session requires the Utah State Board of Education (Board) to make rules that describe the strategies a local education agency (LEA) will use to accomplish early literacy goals. These amendments add language regarding personalized fidelity as part of the overall strategies for K-3 Reading Program.

Statutory or constitutional authorization for this rule:

• Article X, Section 3
• Section 53F-4-203
• Subsection 53E-3-401(4)

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 because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule is being amended to conform with changes made to the statutory language that governs this program. S.B. 127 (2018) requires the Board to make rules that describe the strategies an LEA will use to accomplish early literacy goals. These amendments add language regarding personalized fidelity as part of the overall strategies for K-3 Reading program.

local governments:

These rule changes are not expected to have any fiscal impact on local governments revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule is being amended to conform with changes made to the statutory language that governs this program. S.B. 127 (2018) requires the Board to make rules that describe the strategies an LEA will use to accomplish early literacy goals. These amendments add language regarding personalized fidelity as part of the overall strategies for K-3 Reading program.

small businesses:

These rule changes are not expected to have any fiscal impact on small businesses revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule is being amended to conform with changes made to the statutory language that governs this program. S.B. 127 (2018) requires the Board to make rules that describe the strategies an LEA will use to accomplish early literacy goals. These amendments add language regarding personalized fidelity as part of the overall strategies for K-3 Reading program.

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

These rule changes are not expected to have any fiscal impact on persons other than small businesses, businesses, or local government entities revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. This rule is being amended to conform with changes made to the statutory language that governs this program. S.B. 127 (2018) requires the Board to make rules that describe the strategies an LEA will use to accomplish early literacy goals. These amendments add language regarding personalized fidelity as part of the overall strategies for K-3 Reading program.

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 have no fiscal impact on local education agencies 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:

12/03/2018

This rule may become effective on:

12/10/2018

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 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). This rule change has no fiscal impact on local education agencies 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.

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 53E-3-401(4), 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 53F-4-203(2), which directs the Board to distribute software licenses for the [K-3]early interactive 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]early interactive reading software licenses.

(2) "Dosage" means amount of instruction time.

([2]3) "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]4) "Personalized fidelity" means local measures for fidelity to a software product based on three or more data points that demonstrate successful student outcomes at or above the level of student outcomes achieved by the technology provider's dosage recommendations.

(5) "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[,]:

(a) uses a technology provider's K-3 reading software for at least 80% of:

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

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

(b) demonstrates personalized fidelity per programmatic requirements.

 

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]early interactive reading software licenses that satisfy the requirements of Section 53F-4-203 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]early interactive reading software licenses in accordance with the technology provider's dosage recommendations [as described in Subsection 53F-4-203(3)(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 , which includes failure to use the early interactive software per the technology provider's dosage recommendations for two consecutive years[as described in Subsection 53F-4-203(3)(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]early interactive reading software licenses in accordance with a technology provider's dosage recommendations during the probationary year, the school may not receive an [a K-3 ]early interactive 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]that receives 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 53F-4-203 (3) and (4).

(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 or Last Substantive Amendment: September 21, 2017

Authorizing, and Implemented, or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53F-4-203