No. 29040 (New Rule): R277-604. Private School, Home School, Electronic High School (EHS),and Bureau of Indian Affairs (BIA) Student Participation in Public School Achievement Tests

DAR File No.: 29040
Filed: 09/15/2006, 05:23
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to provide for private school students, home school students, electronic high school (EHS) students, and Bureau of Indian Affairs (BIA) students to participate in public education school achievement testing.

Summary of the rule or change:

The new rule provides definitions, criteria and procedures for private school students, home school students, EHS students, and BIA students to participate in public education school achievement tests. The rule requires school districts to develop policies for all students identified in this rule.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There may be some cost to test these additional groups of students. The state will absorb most of the cost. Any costs are speculative.

local governments:

There may be minimal costs for school districts in providing testing for identified students. Because testing is optional for these groups of students, we have no estimate of how many students will avail themselves of this opportunity. School districts will be flexible in absorbing unexpected costs for an unknown number of students in the first year of this opportunity.

other persons:

There may be costs to private schools that choose to coordinate with school districts to provide testing for private school students.

Compliance costs for affected persons:

There may be compliance costs for affected persons. It is uncertain whether private schools will absorb any costs, charge parents individually for testing, or raise tuition to cover testing costs if private schools choose to participate.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

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:

10/31/2006

This rule may become effective on:

11/08/2006

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-604. Private School, Home School, Electronic High School (EHS), and Bureau of Indian Affairs (BIA) Student Participation in Public School Achievement Tests.

R277-604-1. Definitions.

A. Utah Basic Skills Competency Test (UBSCT) means the test required under Section 53A-1-611 for Utah students seeking a high school diploma.

B. "Private school" means a school that is not a public school but:

(1) has a location or space in Utah where teachers have regularly scheduled face-to-face classes with students;

(2) has a current business license through the Utah Department of Commerce;

(3) is accredited through Northwest or another regional accrediting agency;

(4) has and makes available a written policy for maintaining and securing student records;

(5) charges tuition generally consistent with other private schools in Utah; and

(6) employs teachers with licenses, credentials or demonstrable skills and expertise for instructing students in Core Curriculum courses or areas.

C. "Home school student" means a student who has been excused from compulsory education and for whom documentation has been completed under 53A-11-102.

D. "Public school achievement test" means a standardized test which measures or attempts to measure the level of performance which a student has attained in one or more courses of study. Achievement tests shall mean criterion-referenced tests consistent with 53A-1-602(3)(b)(c) and (d).

 

R277-604-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities, and Section 53A-1-603(1)(a) which directs the Board to require school districts to implement the Utah Performance Assessment System for Students.

B. The purpose of this rule is:

(1) to provide opportunities for Utah private school students and home school students who are Utah residents, and Utah students attending BIA schools to participate in U-PASS;

(2) to maintain the integrity and security of U-PASS;

(3) to provide an orderly and manageable administrative process for public schools to include Utah private school students and home school students who are Utah residents, and Utah students attending BIA schools to participate in U-PASS if they so desire; and

(4) to protect the public investment in U-PASS by making assessments available to students who are not funded by the public education system through fair, reasonable, and consistent practices.

 

R277-604-3. Private Schools.

A. Private school students who are Utah residents, as defined under 53A-2-201, may be allowed to participate in U-PASS.

B. Private school students who are not Utah residents may participate in U-PASS only by payment in advance of the full cost of individual assessments as determined by local board policy.

C. Private schools that are interested in participating in U-PASS may, at the public school district's discretion, do so only in the public school district in which the private school is located.

(1) School districts shall determine at which public schools within the district private school students may take achievement tests.

(2) A private school may request from the school district in which the private school is located an annual schedule of U-PASS dates, the locations at which private schools may be tested and written policies for private school student participation. An annual U-PASS schedule may be available online on school district websites.

D. School district policies shall include:

(1) reasonable costs for the participation of Utah private school students in U-PASS to be paid in advance by either the student or the school;

(2) an explanation of reasonable costs including costs for materials, scoring, reporting, and any state-related costs as determined by the state, to be passed on to the state. School district administration costs, determined by local boards, shall remain in the district.

(3) notice to private school administrators of any required private school administrator participation in monitoring or proctoring of tests;

(4) reasonable time lines for private school requests for participation and school district/school response;

(5) limits, if any, of numbers of non-public students that can be accommodated by the public school for all tests; and

(6) written notice to private schools of testing rules, including required identification for staff and students of implements or materials that private schools or private school students may or may not bring or use for each test.

 

R277-604-4. Home School Students.

A. Home school students who are Utah residents, as defined under 53A-2-201, shall be allowed to participate in U-PASS as provided in this rule.

B. Home school students shall be allowed to participate in U-PASS only if they have satisfied the home schooling requirements of 53A-11-102.

C. Home school student participation:

(1) Elementary-age home school students who desire to participate in U-PASS may do so only in the public school district in which the home school student's parent/legal guardian resides.

(2) Secondary home school students who desire to participate in U-PASS may do so only in the public school district in which the home school student's parent/legal guardian resides only if the student is enrolled in one or more Core program(s) or course(s) at the resident public school.

(3) School districts shall determine at which public school(s) within the district qualifying home school students may take achievement tests.

(4) A home school student/parent may request from the school district in which the home school student/parent resides an annual schedule of U-PASS dates, the locations at which home school students may be tested and written policies for home school student participation.

D. School district policies shall include:

(1) any costs required from traditional students.

(2) notice to home school students/parents of any required parent/adult participation in monitoring or proctoring of tests;

(3) reasonable time lines for home school requests for participation and school district/school response;

(4) limits, if any, of numbers of non-public students that can be accommodated by the public school for all tests; and

(5) written notice to home school students/parents of testing rules, including required identification and proof of residency for adults and students and implements or materials that home school students may or may not bring or use for each test.

E. The USOE shall absorb the costs for testing qualifying (enrolled in one or more Core program(s) or course(s) at the public school) home school students unless or until the number of home school students requesting testing in all districts exceeds two percent of the public education students enrolled in the state.

 

R277-604-5. Utah Electronic High School (EHS) Students.

A. EHS students may participate in testing in the school district and school of residence, consistent with Section 53A-2-201, if:

(1) the student has been enrolled in EHS by the school counselor consistent with the student's SEOP; and

(2) the student has met all requirements and standards for Utah home school students.

B. The USOE shall absorb the costs for testing of Utah EHS students until and unless the number of EHS students exceeds two percent of the number of traditionally enrolled Utah public school students.

 

R277-604-6. Bureau of Indian Affairs (BIA) Students.

A. BIA school administrators shall be responsible to meet all U-PASS requirements for all Utah students.

B. Materials and training shall be provided to BIA schools from the public school district in which the school is located on the schedule that applies to Utah school districts.

C. BIA school administrators shall be notified of all information and training by the public school district in which the school is located.

 

KEY: home school, private school, electronic high school, achievement tests

Date of Enactment or Last Substantive Amendment: 2006

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-401(3); 53A-1-603(1)(a)