No. 26999 (Amendment): R277-469. Instructional Materials Commission Operating Procedures

DAR File No.: 26999
Filed: 03/15/2004, 03:04
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to align review criteria and requirements more closely with state U-PASS, federal legislation, S.B. 154 from the 2003 Legislative Session, and updated terminology. (DAR NOTE: S.B. 154 is found at UT L 2003 Ch 315, and was effective May 5, 2003.)

 

Summary of the rule or change:

The changes include increased emphasis on the selection of high quality, research-based and effective instructional materials; and a focus narrowed to the review of materials related to Core requirements, basic skills, and state-required assessments.

 

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3) and Sections 53A-14-101 through 53A-14-106

 

Anticipated cost or savings to:

the state budget:

There may be some savings to state budgets as review(s) of materials are streamlined to materials specific to assessment requirements.

 

local governments:

There are no anticipated cost or savings to local government. Instructional Materials Commission expenses are borne by the state so there are no costs to local school boards.

 

other persons:

There are no anticipated cost or savings to other persons. Instructional Materials Commission expenses are borne by the state so there are no costs to local school boards.

 

Compliance costs for affected persons:

There are no compliance costs for affected persons; all costs for the Instructional Materials Commission are state expenses for state accountability for curriculum materials.

 

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. Steven O. Laing

 

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:

05/03/2004

 

This rule may become effective on:

05/04/2004

 

Authorized by:

Carol Lear, Coordinator School Law and Legislation

 

 

RULE TEXT

R277. Education, Administration.

R277-469. Instructional Materials Commission Operating Procedures.

R277-469-1. Definitions.

A. "Advanced placement materials" means materials used for the College Board Advanced Placement Program and classes. The program policies are determined by representatives of member institutions. Operational services are provided by the Educational Testing Service. The program provides practical descriptions of college-level courses to interested schools and student test results based on these courses to colleges of the student's choice. Participating colleges grant credit or appropriate placement, or both, to students whose test results meet standards prescribed by the college.

B. "ASCII" means American Standard Code for Information Interchange from which Braille versions of all or part of the instructional materials can be produced.

C. "Basic skills course" means a subject which requires mastery of specific functions to include reading, language arts, mathematics through geometry, science, in grades 4 through 12, and effectiveness of written expression.

[C]D. "Board" means the Utah State Board of Education.

[D]E. "Commission" means the Instructional Materials Commission.

[E]F. "Instructional materials" means systematically arranged text materials, in harmony with the Core framework and required courses of study or U-PASS requirements or both, which may be used by students or teachers or both as principal sources of study and which cover any portion of the course. These materials:

(1) shall be designed for student use; and

(2) may be accompanied by or contain teaching guides and study helps[.]; and

(3) shall be high quality, research-based and proven to be effective in supporting student learning.

[F]G. "Integrated instructional program" means any combination of textbooks, workbooks, software, videos, transparencies, or similar resources used for classroom instruction of students.

[G]H. "International Baccalaureate" means college level work, limited in subject areas, which balances humanities and sciences in an interdisciplinary, global academic program that is both philosophical and practical. This multi-cultural experience emphasizes analytical and conceptual skills and aesthetic understanding for advanced students.

[H]I. "Not recommended materials" means instructional materials which have been reviewed by the Commission but not recommended.

[I]J. "State Core Curriculum (Core)" means minimum academic standards provided through courses as established by the Board which shall be completed by all students K-12 as a requisite for graduation from Utah's secondary schools.

[J]K. "USOE" means the Utah State Office of Education.

L. "Utah Performance Assessment System for Students (U-PASS)" means:

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

(2) criterion-referenced achievement testing of students in all grade levels in basic skills courses, to include reading, language arts, mathematics through geometry, science, in grades 4 through 12, and effectiveness of written expression, as defined in Section 53A-1-602;

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

(4) a tenth grade basic skills competency test as detailed in Section 53A-1-611.

 

R277-469-2. Authority and Purpose.

A. This rule is authorized under Utah Constitutional Article X, Section 3 which vests general control and supervision over public education in the Board, by Section 53A-14-101 through 53A-14-106 which directs the Board to appoint an Instructional Materials Commission and directs the Commission to evaluate instructional materials for recommendation by the Board, and by Subsection 53A-1-401(3) which allows the Board to make rules in accordance with its responsibilities.

B. The purpose of this rule is to provide definitions, operating procedures and [provisions]criteria for recommending instructional materials for use in Utah public schools.

 

R277-469-3. Use of State Funds for Instructional Materials.

A. Districts may use funds[ designated for state instructional materials only]:

(1) for [materials on the recommended instructional materials list]any instructional materials that support Core or U-PASS requirements;

(2) for advanced placement, International Baccalaureate, concurrent enrollment, and college-level course materials. Use of these materials may require parental permission consistent with R277-474.

(3) for instructional materials selected and approved by a school or district consistent with the standards of this rule:

(a) consistent with established local board procedures and timelines; and

(b) consistent with Section 53A-13-101(1)(c)(iii)[; and

(c) that support U-PASS requirements].

B. Schools or school districts that use any funding source to purchase materials that have not been recommended or selected consistent with law[ or this rule], may have funds withheld to the extent of the actual costs of those materials pursuant to Subsection 53A-1-401(3).

C. Free instructional materials:

(1) may be used as student instructional materials only consistent with the law and this rule; and

(2) shall be reviewed and recommended by the Commission or the school district prior to use.

 

R277-469-4. Instructional Materials Commission Members Terms of Service.

A. Members shall be appointed from categories designated in Subsection 53A-14-102(1).

B. Members shall serve four year staggered terms with the option, jointly expressed by the Commission member and the Commission, for reappointment for one additional term.

C. The Commission may establish subcommittees as needed.

 

R277-469-5. Commission Review of Materials.

[A. The Commission may review materials in the following subject areas on timelines as determined by the Commission based upon district needs and requests and using forms and procedures provided by the USOE:

(1) Bilingual education/English as a second language (elementary and secondary),

(2) Character education (elementary and secondary),

(3) Driver education (secondary),

(4) Early childhood education,

(5) Fine arts (elementary and secondary),

(6) Foreign language (elementary and secondary),

(7) Health education and fitness (elementary and secondary),

(8) Information technology (elementary and secondary),

(9) Language arts (elementary and secondary),

(10) Mathematics (elementary and secondary),

(11) Science (elementary and secondary),

(12) Social studies (elementary and secondary),

(13) Applied technology/vocational subjects,

(14) Technology education,

(15) Technology and industrial arts, and

(16) Special education/resource materials.]A. The primary focus of instructional materials review shall be materials used in subjects assessed under U-PASS to include reading, language arts, mathematics through geometry, science, in grades 4 through 12, and effectiveness of written expression, and other Core subject areas as assigned by the Board. Subject areas and timelines for review shall be determined by the Commission based on district needs and requests, and using forms and procedures provided by the USOE.

[B. The Commission's designation of a subject area category for review purposes is final.

C]B. Commission review of material takes place [in April and October of each year]at least annually.

 

R277-469-6. Review and Adoption Categories.

A. Materials may be considered for review by the Commission and designated under the following categories. They may be purchased with state funds and used [as follows]consistent with this rule:

(1) Recommended Primary: Instructional materials that:

(a) are in alignment with content, philosophy and instructional strategies of the Core;

(b) [may be used]are appropriate for use by students as principal sources of study;

(c) provide comprehensive coverage of course content; and

(d) support Core or U-PASS requirements or both.

(2) Recommended Limited: Instructional materials that [may be used or purchased and ]are in limited alignment with the Core or U-PASS requirements or are narrow or restricted in their scope and sequence. If school districts or schools select and purchase materials designated under this category, it is recommended that they have a plan for using appropriate supplementary materials assuring coverage of Core requirements.

(3) Recommended Teacher Resource: Instructional materials that [may be used or purchased for or]are appropriate as resource materials for use by teachers[ for use as resource material only].

(4) Recommended Student Resource: Instructional materials aligned to the Core or that support U-PASS that are developmentally appropriate, but not intended to be the primary instructional resource. These materials may provide valuable content information for students.

(5) Reviewed, but not Recommended: Instructional materials that may not be aligned with the Core, may be inaccurate in content, include misleading connotations, contain undesirable presentation, or are in conflict with existing law and rules[, or are unsuitable for use by students]. School districts are strongly cautioned against using these materials.

(6) Not Sampled: Instructional materials that were included in the publisher bid but were not sampled to the USOE or the Commission.

 

R277-469-7. Criteria for Recommendation of Instructional Materials.

A. Instructional materials shall:

(1) be consistent with Core [and]or U-PASS requirements or both.

(2) be high quality, research-based and proven to be effective in supporting student learning.

([2]3) provide an objective and balanced viewpoint on issues.

([3]4) include enrichment and extension possibilities.

([4]5) be appropriate to varying levels of learning.

([5]6) be accurate[,] and factual[ and research-based].

([6]7) be arranged chronologically or systematically, or both.

([7]8) reflect the pluralistic character and culture of the American people and provide accurate representation of diverse ethnic groups.

([8]9) be free from sexual, ethnic, age, gender or disability bias and stereotyping.

([9]10) be of acceptable technical quality.

B. Upon request by the district, a publisher of instructional materials shall furnish computer diskettes of materials for literary subjects in the American Standard Code for Information Interchange (ASCII).

C. USOE [monitoring]review:

(1) The USOE may require a district to provide a report of instructional materials purchased by the district or a school in the previous five years.

(2) The USOE may initiate a formal or informal audit of instructional materials purchased.

 

R277-469-8. Agreements and Procedures for School Districts and Publishing Companies.

A. A local board shall establish a policy for district and school selection and purchase of instructional materials. The policy shall include:

(1) procedures for schools to purchase instructional materials consistent with Section 53A-12-204(1);

(2) assurances signed by the district superintendent and school principal(s) that instructional materials not recommended by the Commission have been [reviewed by the local board]purchased consistent with state law. The assurances shall be available for review by the Board upon request.

B. Publishers desiring to sell [adopted]recommended materials to Utah schools or districts shall have adopted materials on deposit at an instructional materials depository in the business of selling instructional materials to schools or districts in Utah.

C. Depository agreements may be made between publishers of materials and one or more depository.

D. The provisions of R277-469-8 shall not preclude publishers from selling instructional materials to schools or districts in Utah directly or through means other than the designated depository.

E. [Revised r]Recommended materials with revisions:

(1) If a revised edition of recommended materials retains the original title and authorship, the publisher may request its substitution for the edition currently recommended providing that:

(a) the original contract price and contract date do not change and the original contract price applies for the substituted materials;

(b) the revised edition is compatible with the earlier edition, permitting use of either or both in the same classroom;

(c) a sample copy of the revised edition is provided to the USOE Instructional Materials Specialist for examination purposes.

(2) If Subsection R277-469-8[D]E is not satisfied, a new edition shall be submitted for recommendation as new materials.

(3) The Commission shall make the final determination about the substitution of a new edition for a previously recommended edition with assistance from the state subject area specialist.

F. A publisher's contract price for materials recommended by the Commission shall apply for five years from the contract date.

 

R277-469-9. Request for Reconsideration of Recommendation.

A. A request for reconsideration is an additional opportunity provided to a school district, school or publisher for review of instructional materials when the school district, school or the publisher disagrees with the initial Commission recommendation.

B. The request for reconsideration procedure is as follows:

(1) A school district, school or publisher shall receive the evaluations and recommendations from the USOE of the initial review.

(2) A school district, school or publisher shall have 30 days to respond to the evaluation and request to have materials reviewed again during the next review cycle.

(3) During the period of the reconsideration request, materials shall be marked as tentative and shall not be given official status. These materials shall not be posted to the Internet site until recommended through the official Commission process.

(4) A school district, school or publisher may be asked to send a second set of sample materials to the USOE.

(5) Any written information provided by a school district, school or publisher shall be available to the advisory committees during the second review.

(6) After the second review by the subject area advisory committee, the advisory committee's recommendation shall be voted on by the Commission at the next scheduled meeting.

(7) If the Commission votes to change the recommendation, the Board shall consider the Commission's revised recommendation at the next scheduled Board meeting and make a final decision.

(8) A school district, school or publisher shall receive written notification that a recommendation is final and shall receive a copy of the new evaluation. Evaluations may now appear on the Internet if materials are recommended.

 

KEY: instructional materials

[October 16, 2002]2004

Notice of Continuation April 4, 2003

Art X, Sec 3

53A-14-101 through 53A-14-106

53A-1-401(3)