DAR File No. 43649

Education, Administration

Rule R277-406

Early Literacy Program and Benchmark Reading Assessment

Notice of Proposed Rule

(Amendment)

DAR File No.: 43649
Filed: 04/15/2019 02:39:40 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for the changes to Rule R277-406 are to update references to tests employed by the local education agencies (LEAs) and to update and clarify the process through which LEAs submit Early Literacy Plans to Utah State Board of Education (Board) staff.

Summary of the rule or change:

The changes in this rule include the amendment to the definition for "benchmark reading assessment". In Sections R77-406-3 and R277-406-4, unnecessary language is deleted and new clarifying language added. Also, dates are amended within this rule.

Statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

These rule changes are not expected to have a fiscal impact on state government revenues or expenditures. The funding for the program remains the same. This amendment removes language that is no longer applicable including: i) the DIBELS assessment name which is now called Acadience Reading; ii) the section of this rule that applied to LEAs not using a state-approved vendor since all LEAs are using a state-approved vendor moving forward; and iii) language for literacy plan approval for the 2018-2019 school year since it is no longer needed. Beginning in the 2019-2020 school year, some of the deadlines for LEAs related to literacy plans are extended which give LEAs more time, but this change will not have a fiscal impact.

local governments:

These rule changes may have a fiscal impact on local governments. They add language which explicitly states that "if an LEA fails to timely resubmit an acceptable plan by November 1, the LEA is not eligible for funding in the current school year." Thus, LEAs that fail to timely resubmit an acceptable literacy plan may lose program funding in the current school year. It is difficult to provide an estimate of what this fiscal impact might be because the Board does not know how many LEAs will need to resubmit their plan and of those that do need to resubmit, how many fail to do so in a timely manner. None of the other rule changes will have a fiscal impact. Most of the changes extend deadlines for LEAs to comply with literacy plan requirements which should help in assisting LEAs with meeting the required deadlines.

small businesses:

These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to early literacy plans submitted by LEAs and approved by the Board and thus does not apply to small businesses.

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. This rule applies to early literacy plans submitted by LEAs and approved by the Board and thus does not apply to 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 non-small businesses with a NAICS code 611110). These rule changes have no fiscal impact on LEAs and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, 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:

05/31/2019

This rule may become effective on:

06/07/2019

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 non-small businesses with a NAICS code 611110). Thus, these rule changes are not expected to have any fiscal impact on non-small businesses' revenue or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenues for non-small businesses.

 

The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

R277-406. Early Literacy Program and Benchmark Reading Assessment.

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]to execute the Board's duties and responsibilities under the Utah Constitution and state law;

(c) Subsection 53F-2-503(14)(a), which directs the Board to develop rules for implementing the 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:

(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 the [Dynamic Indicators of Basic Early Literacy Skills or DIBELS]Acadience Reading assessment that:

(a) is given three times each 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 an end of year [C]criterion [R]referenced [T]test.

(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.

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

(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.

 

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; and

(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.

 

R277-406-4. Early Literacy Plans -- LEA and Superintendent Requirements - Timelines.

(1) Beginning with the 2019-20 school year, [T]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)](2)(a) [a]Any time before [June 15]July 1, an LEA may submit its plan to the Superintendent for pre-approval; and

([ii]b) [f]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]3) [after its plan is approved by its local board, a]An LEA shall submit a final plan to the Superintendent by no later than August 1 5;

(4) Notwithstanding Subsection (3), by September 1 an LEA shall provide to the Superintendent:

(a) proof that the LEA's governing board reviewed and approved the LEA's plan in an open meeting; and

(b) if necessary, a revised plan reflecting changes made to the LEA's plan by the LEA's governing board.

([c]5) [w]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 or if modifications to the plan are required[; and].

[(d)(i)](6) [i]If the Superintendent does not approve [the]an LEA's plan, the LEA [shall]may, by October 15:

(a) incorporate needed changes or provisions; [and]

(b) obtain approval for the amended plan from the LEA's governing board; and

(c) resubmit the amended plan[by October 1]; and

([ii]7) If an LEA timely resubmits a plan that includes the required modifications, the Superintendent shall approve [a resubmitted]the plan [that incorporated the requested changes ]by [October 15]November 1.

(8) If an LEA fails to timely resubmit an acceptable plan by November 1, the LEA is not eligible for funding in the current school year.

([4]9) 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]whether the plan uses evidence-based curriculum, materials, and practices, which will support the LEA in meeting its growth goals.

([5]10) 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 Section 53F-2-503, a growth goal in an LEA's plan:

(a) is calculated using the percentage of 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, as measured by the benchmark reading assessment; and

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

(3) The Superintendent shall use the information provided by an LEA described in Subsection R277-406-4 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.

 

KEY: reading, improvement, goals

Date of Enactment or Last Substantive Amendment: [August 7, 2018]2019

Notice of Continuation: June 7, 2018

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