No. 30482 (Amendment): R277-402. Online Testing

DAR File No.: 30482
Filed: 09/24/2007, 03:06
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide for an online testing system consistent with H.B. 160, 2007 Legislative Session. (DAR NOTE: H.B. 160 (2007) is found at Chapter 372, Laws of Utah 2007, and was effective 07/01/2007.)

Summary of the rule or change:

The rule provides new and amended definitions, provides standards, and procedures in the application and award procedure and distribution of funds sections, and updates the time lines section.

State statutory or constitutional authorization for this rule:

Subsections 53A-1-708(5) and 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to the state budget. The Utah State Office of Education (USOE) will provide for online testing within amounts appropriated by the 2007 Legislature in H.B. 160.

local governments:

There are no anticipated cost or savings to local government. The USOE will provide for online testing within amounts appropriated by the 2007 Legislature in H.B. 160.

small businesses and persons other than businesses:

There are no anticipated cost or savings to small businesses and persons other than businesses. The USOE will provide for online testing within amounts appropriated by the 2007 Legislature in H.B. 160.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The USOE will provide for online testing within amounts appropriated by the 2007 Legislature in H.B. 160.

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:

11/14/2007

This rule may become effective on:

11/21/2007

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-402. Online Testing.

R277-402-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "Formative assessment" means an activity, such as questioning, observation, interview and assessment, engaged in by teachers and students during instruction that provides feedback to adjust ongoing teaching and learning to improve students' achievement of intended instructional outcomes.

[B]C. "Intent to implement a uniform online summative test system" as used in 53A-1-708(4) means the commitment by the USOE to provide a consistent statewide process for[a] school districts/charter schools to administer [at least one]100 percent of CRT U-PASS-required assessments[ in spring 2005 or spring 2006, including]. This includes the willingness of school districts/charter schools to provide documentation of preparatory activities [or]and of actual test-taking by students.

D. "Online formative assessment system" means a system coordinated by the USOE for the online delivery of formative assessments that can be created by teachers, school districts/charter schools, or the USOE. One part of the system is the Utah Test Item Pool Service (UTIPS).

[C]E. "Summative tests" means tests administered near the end of a course to assess overall achievement of course goals.

[D]F. "Uniform online summative test system" means a [single system]statewide process coordinated by the USOE for the online delivery of summative tests required under U-PASS.

[E]G. "Utah Performance Assessment System for Students (U-PASS)" means:

(1) systematic norm-referenced achievement testing of all students in grades 3 (administration in fall and spring), 5, and 8[, and 11] required by this part in all schools within each school district and in charter schools by means of tests designated by the Board;

(2) criterion-referenced achievement testing of students in all grade levels in:

(a) language arts (grades [1]2-11);

(b) mathematics (grades [1]2-7) and pre-algebra, elementary [a]Algebra 1, Algebra 2 and geometry;

(c) science (grades 4-8) and earth systems, biology, chemistry, and physics; and

(3) a direct writing assessment in grades 6 and 9;

(4) [beginning with the 2004-2005 school year, ]a tenth grade basic skills competency test as detailed in Section 53A-1-611; and

(5) [beginning with the 2002-2003 school year, ]the use of student behavior indicators in assessing student performance.

[F]H. "USOE" means Utah State Office of Education.

I. "USOE item pool" means all test items developed for or by USOE which are intended to support the instruction of the Utah curriculum for Utah K-12 teachers and students.

J. "Utah Test Item Pool Service (UTIPS)" means a system which includes the USOE item pool, all copyrights, logos, the UTIPS website and domain name, all copyrighted materials, and all other items and equipment used to provide and enhance the USOE item pool.

K. "UTIPS Steering Committee" means a committee formed to govern, support, develop and administer UTIPS. The committee is comprised of the elected co-chairs of the UTIPS User's Group and the UTIPS Operators' Group, the USOE Assessment Director, the USOE Computer Based Assessments Specialist, the USOE Curriculum Director, and one at-large member.

 

R277-402-2. 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-1-708(5) which directs the Board to specify procedures and accountability for online summative testing by school districts/charter schools consistent with existing U-PASS requirements, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to provide additional definitions and a timeline for expeditious implementation of an educational technology infrastructure for school districts/charter schools to use to satisfy U-PASS requirements through an online testing system.

C. The purpose of this rule is also to provide the requirements for school districts'/charter schools' use of UTIPS.

 

R277-402-3. Application and Award Procedures.

A. Online testing funds shall be distributed to school districts/charter schools consistent with Section 53A-1-708[(5)(b)].

B. The USOE shall provide non-competitive applications to school districts/charter schools for a twenty-five percent base and seventy-five percent per pupil distribution of funds. For the purpose of this funding, all charter schools are considered collectively for the twenty-five percent base.

(1) Applications shall express the intent of the school district/charter school to build educational technology infrastructure and capacity to participate in online testing consistent with [R277-402-1B;]Section 53A-1-708.

(2) Applications shall provide a plan [timeline ]for online CRT testing implementation including:

(a) names of participating schools within the school district and participating charter schools;

(b) which CRTs will be assessed online;

(c) number of students who will participate in the online administration of each CRT; and

(d) dates of tests and numbers of students who will participate in the online testing for each year of the school district's/charter school's online testing phase-in plan[; and].

(3) Applications shall provide an evaluation or accountability process for determining and documenting the effectiveness of the online testing phase-in plan.

(4) Application budget shall be consistent with the school district/charter school Consolidated Utah Student Achievement Plan (CUSAP) and educational technology plan.

C. The USOE shall implement and maintain at least one online formative assessment system. School districts/charter schools may access the USOE item pool through regional servers and receive updates to the USOE item pool only consistent with the following conditions:

(1) use of the version of software supported by the UTIPS Steering Committee and available through the UTIPS Operator's Group;

(2) participating in both the UTIPS Operators' Group and User group;

(3) posting of the USOE item pool copyright on their login website;

(4) providing monthly and annual statistics, as determined by the UTIPS Steering Committee to the USOE; and

(5) providing feedback to the USOE regarding item quality and the schools' need for additional items.

D. Regional servers and school districts/charter schools that do not act consistent with conditions under R277-402-3C shall not receive access to the USOE item pool.

 

R277-402-4. Distribution of Funds.

A. Twenty-five percent of the funds shall be distributed equally to school districts/charter schools that provide applications required under R277-402-3. Seventy-five percent of the funds appropriated by the Legislature in Section 53A-1-708 shall be distributed to school districts/charter schools on a per pupil basis that provide applications required under R277-402-3.

B. Per pupil amounts shall be derived from October [2004] student counts of applicants.

C. The USOE shall work with applicants, to the extent of resources available, to improve the applications for funding.

D. Each school district/charter school plan shall be approved by the USOE prior to the school district/charter school receiving funding under this rule.

E. School districts/charter schools accepting funding under this rule shall ensure compliance with the requirements of this rule.

 

R277-402-5. Timelines.

A. School districts/charter schools shall submit the plan required under R277-402-3B(2) to the USOE[ their intent to apply for funds under this rule no later than June 15, 2004].

B. Applications shall be available from the USOE for funds under this rule[ by July 1, 2004].

[C. Applications shall be due to the USOE by August 15, 2004.

D. The USOE shall design and post a Request for Proposal to select an online testing company or service adequate to provide online testing services to schools no later than July 1, 2004.

D]C. School districts/charter schools shall provide an evaluation of planning or preparation for the use of online testing [or]and an assessment of the actual online testing process as directed by the USOE.

[E]D. Schools that do not provide timely, complete and accurate evaluations may not be considered for continued funding under this rule.

 

KEY: online testing

Date of Enactment or Last Substantive Amendment: [July 16, 2004]2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-708(5); 53A-1-401(3)