DAR File No. 43652

Education, Administration

Rule R277-463

Class Size Average and Pupil-Teacher Ratio Reporting

Notice of Proposed Rule

(Amendment)

DAR File No.: 43652
Filed: 04/15/2019 03:13:51 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-463 was reviewed for the five-year review process by the Utah State Board of Education (Board) and changes were deemed necessary.

Summary of the rule or change:

There were minor language amendments to this rule in Section R277-463-5, deleting the word "shall" and replacing it with "by".

Statutory or constitutional authorization for this rule:

• Subsection 53E-3-401(4)
• Article X, Section 3
• Section 53E-3-301

Anticipated cost or savings to:

the state budget:

This rule change is not expected to have any fiscal impact on state government revenues or expenditures. The only change in this rule is a wording clean-up so there are no substantive changes to this rule, and thus no fiscal impact.

local governments:

This rule change is not expected to have any fiscal impact on local governments' revenues or expenditures. The only change in this rule is a wording clean-up so there are no substantive changes to this rule, and thus no fiscal impact.

small businesses:

This rule change is not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule applies to class size averages and pupil-teacher ratio reporting and thus does not apply to small businesses.

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

This rule change is not expected to have any fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. The only change in the rule is a wording clean-up so there are no substantive changes to this rule, and thus no fiscal impact.

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

 

 

R277. Education, Administration.

R277-463. Class Size Average and Pupil-Teacher Ratio Reporting.

R277-463-1. Authority and Purpose.

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which places general control and supervision of the public school system under the Board;

(b) Section 53E-3-301, which directs the Board to report average class sizes and pupil-teacher ratios; and

(c) Subsection 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.

(2) The purpose of this rule is to establish uniform class size and pupil-teacher ratio reporting procedures, including definitions and codes.

 

R277-463-2. Definitions.

(1) "Course" means the subject matter taught to students.

(a) Elementary courses are designated by grade level.

(b) Secondary courses are determined by course content.

(2) "EL" means English Learner.

(3)(a) "Individual class" means a group of students organized for instruction and assigned to one or more teachers or other staff members for a designated time period.

(b) A class may include:

(i) students from multiple grades; or

(ii) students taking multiple courses.

(c) The Superintendent shall determine an individual class from course data submitted to the Superintendent using a combination of course elements, such as:

(i) CACTUS identification number;

(ii) teacher of record;

(iii) class period;

(iv) term of student enrollment; and

(v) course cycle.

(4) "Pupil" means a student enrolled in a public school as of October 1 of the reported school year.

(5) "Teacher" means a full-time equivalent licensed educator, such as:

(a) a regular classroom teacher;

(b) a school-based specialist; or

(c) a special education teacher.

 

R277-463-3. Class Size Average for Elementary Classes.

(1)(a) An LEA shall report student level course data providing sufficient course information to determine the number of students in individual classes.

(b) An LEA shall calculate a class with students in multiple grades as one class.

(c) An LEA shall calculate an extended day classes in which one portion of the class arrives early and the other portion stays late as one class.

(2)(a) The Superintendent shall calculate average class size by grade.

(b) The Superintendent shall exclude special education, EL, online, and other non-traditional classes from class size average calculations.

(3) The Superintendent shall derive state and district-level class sizes from the median of school-level class sizes.

 

R277-463-4. Class Size Average for Secondary Classes.

(1)(a) An LEA shall report student level course data providing sufficient course information to determine the number of students in individual classes.

(b) An LEA shall calculate classes including students enrolled in multiple courses as one class.

(2)(a) The Superintendent shall calculate average class size for core language arts, mathematics, and science courses.

(b) The Superintendent shall exclude special education, EL, online, and other non-traditional classes from class size averages.

(3) The Superintendent shall derive state and district-level class sizes from taking the median of school-level class sizes.

 

R277-463-5. Pupil-Teacher Ratio Calculation.

(1)(a) The Superintendent shall calculate pupil-teacher ratios by school.

(b) The Superintendent shall calculate the pupil-teacher ratio for each school [shall]by dividing the number of enrolled pupils by the number of full-time equivalent teachers assigned to the school.

(2) The Superintendent shall derive district-level ratios by taking the median of school-level ratios.

(3) The Superintendent shall derive state-level ratios for charter schools and traditional schools by taking the median of school-level data.

 

R277-463-6. Reporting Format and Timeline.

The Superintendent shall report school, district and state-level ratios and class size averages to the public as required under Section 53E-3-301.

 

KEY: public schools, enrollment reporting, class size average reporting, pupil-teacher ratio reporting

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

Notice of Continuation: June 10, 2014

Authorizing, and Implemented or Interpreted Law: Art. X, Sec 3; 53E-3-301; 53E-3-401(4)