No. 27202 (New Rule): R277-402. Online Testing

DAR File No.: 27202
Filed: 06/01/2004, 03:12
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

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 Utah Performance Assessment System for Students (U-PASS) requirements through an online testing system.

 

Summary of the rule or change:

The rule provides for application and award procedures, procedures for distribution of funds, and provides a timeline for school districts/charter schools to apply for funds.

 

State statutory or constitutional authorization for this rule:

Section 53A-1-708(5)

 

Anticipated cost or savings to:

the state budget:

Monies were appropriated by the 2004 Utah State Legislature to fund a pilot program for online testing. Additional state funds beyond the appropriation are not immediately anticipated.

 

local governments:

School districts can use the funds provided by the Utah State Legislature for a pilot program. There is no need for additional local funding.

 

other persons:

There are no cost or savings to other persons. Funds provided by the state are for services for school districts.

 

Compliance costs for affected persons:

There are no compliance costs for affected persons. Funds provided by the state are for services for school districts.

 

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. Patrick Ogden, Interim 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:

07/15/2004

 

This rule may become effective on:

07/16/2004

 

Authorized by:

Carol Lear, Coordinator 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. "Intent to implement a uniform online summative test system" as used in 53A-1-708(4) means the commitment by a school district/charter school to administer at least one U-PASS-required assessment in spring 2005 or spring 2006, including the willingness to provide documentation of preparatory activities or of actual test-taking by students.

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

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

E. "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 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 1-11);

(b) mathematics (grades 1-7) and pre-algebra, elementary algebra, 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. "USOE" means Utah State Office of Education.

 

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.

 

R277-402-3. Application and Award Procedures.

A. Online testing funds shall be distributed to school districts/charter schools consistent with 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;

(2) Applications shall provide a timeline for online testing implementation including names of participating schools within the school district and participating charter schools and 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.

 

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.

 

R277-402-5. Timelines.

A. School districts/charter schools shall submit 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. School districts/charter schools shall provide an evaluation of planning or preparation for the use of online testing or an assessment of the actual online testing process as directed by the USOE.

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

 

KEY: online testing

2004

Art X Sec 3

53A-1-708(5)

53A-1-401(3)