No. 30091 (Amendment): R277-469. Instructional Materials Commission Operating Procedures

DAR File No.: 30091
Filed: 06/14/2007, 03:25
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The 2007 Legislature passed H.B. 364 which prohibits a school district from purchasing certain instructional materials unless the materials have been evaluated by an independent party for alignment with the core curriculum, requires that the alignment evaluation be made available on a website at no charge, and exempts charter schools from the evaluation requirements. The amendments to this rule align the rule with state law. (DAR NOTE: H.B. 364 (2007) is found at Chapter 349, Laws of Utah 2007, and was effective 04/30/2007.)

Summary of the rule or change:

The amendments to the rule provide for new and revised definitions, revised criteria for use of state funds for instructional materials, revised criteria for recommendation of instructional materials following mid-party evaluation of core curriculum, revised criteria for agreements, and procedures for school districts, and revised criteria for agreements and procedures for publishing companies.

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3) and Sections 53A-14-1-2 through 53A-14-106

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. All "mapping" will be completed by textbook publishers, not state government.

local governments:

There are no immediate anticipated cost or savings to public schools/school districts. It is anticipated that textbook publishers will not raise textbook prices to pay for this requirement this year, but there could be increases in future years. Any increases in future years are too speculative to estimate at this time.

other persons:

Generally, there are no anticipated cost or savings to other persons. "Mapping" will be completed by publishers before materials are sold to schools. Occasionally, students/parents buy textbooks, per school policies. Costs for textbooks should not increase due to this service by publishers this year but may increase in future years. Any increases in future years are too speculative to estimate at this time.

Compliance costs for affected persons:

There may be some compliance costs for affected persons. Textbook providers may see increased costs due to evaluation expenses.

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

I have reviewed this rule and I see that there may be fiscal impact to textbook publishers due to evaluation expenses. 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:

07/31/2007

This rule may become effective on:

08/07/2007

Authorized by:

Carol Lear, Director, 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]B. "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.

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

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

[F]E. "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. "Independent party" means an entity that is not the Board, not the superintendent of public instruction or USOE staff, or an employee or board member of a school district, or the instructional materials creator or publisher, or anyone with a financial interest in the instructional materials, however minimal. The USOE shall develop a list of approved independent parties to be recommended to the Board.

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

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.

I. National Instructional Materials Accessibility Standard (NIMAS) is a technical standard used by publishers to produce consistent and valid XML-based source files that may be used to develop multiple specialized formats, such as Braille or audio books, for students with print disabilities.

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

K. "Primary instructional material" means a comprehensive basal or Core textbook or integrated instructional program for which a publisher seeks a recommendation for Core subjects designated in R277-700-4, 5, and 6.

L. "Primary instructional materials provider" means a publisher or author and self-publisher who sells or provides instructional materials for use in Utah public schools.

M. "Public website" means a website provided by the publisher of instructional materials, free-of-charge, to teachers and the general public, to exhibit alignment mapping to the Core for Utah primary instructional materials.

N. "Recommended instructional materials (RIMs)" means the recommended instructional materials searchable database provided as a free service by the USOE for the posting of evaluations and alignments to the Core of instructional materials submitted by publishers and on the public website of the publisher, if applicable, for review by the Commission and approval of the Board.

[J]O. "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. The Core is provided in R277-700.

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

[L]Q. "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 criteria for recommending instructional materials for use in Utah public schools. The rule also provides for mapping and alignment of primary instructional materials to the Core consistent with Utah law.

 

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

A. School [D]districts may use funds:

[(1) for 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.](1) for primary instructional materials that have been mapped and aligned to the Core by an independent party; and

(2) for any supplemental or supportive instructional materials that support Core or U-PASS requirements.

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

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

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

(c) consistent with Section 53A-14-102(4).

B. Schools or school districts that use any funding source to purchase materials that have not been recommended or selected consistent with law, 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](1) that are used as primary instructional materials or that are part of primary integrated instructional programs shall be subject to the same independent party evaluation and Core mapping as basal or Core material; or

(2) if free materials are provided as part of a supplemental program, they may be used as student instructional materials only consistent with the law and this rule; and

([2]3) shall be reviewed and recommended by the Commission or [the school district prior to use]by a school in a public meeting consistent with Section 53A-14-102(4), prior to their use.

 

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

A. Members shall be appointed from categories designated in [Subs]Section 53A-14-10[2(1)]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 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.

B. Subject areas and timelines for review shall be determined by the Commission based on school district needs and requests, and using forms and procedures provided by the USOE.

[B]C. Commission review of material takes place 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 consistent with this rule:

[(1)]A. Recommended Primary: Instructional materials that:

([a]1) are in alignment with content, philosophy and instructional strategies of the Core;

(2) have been mapped and aligned to the Core, consistent with Section 53A-14-107;

([b]3) are appropriate for use by students as principal sources of study;

([c]4) provide comprehensive coverage of course content; and

([d]5) support Core or U-PASS requirements or both.

[(2)]B. Recommended Limited: Instructional materials that 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)]C. Recommended Teacher Resource: Instructional materials that are appropriate as resource materials for use by teachers.

[(4)]D. 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)]E. 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. School districts are strongly cautioned against using these materials.

[(6)]F. 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 Following Mid-Party Evaluation of Core Curriculum.

A. Instructional materials shall:

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

(2) if used as primary materials, be mapped and aligned to the Core consistent with Section 53A-14-107;

([2]3) be high quality, research-based and proven to be effective in supporting student learning[.];

([3]4) provide an objective and balanced viewpoint on issues[.];

([4]5) include enrichment and extension possibilities[.];

([5]6) be appropriate to varying levels of learning[.];

([6]7) be accurate and factual[.];

([7]8) be arranged chronologically or systematically, or both[.];

([8]9) reflect the pluralistic character and culture of the American people and provide accurate representation of diverse ethnic groups[.];

([9]10) be free from sexual, ethnic, age, gender or disability bias and stereotyping[.]; and

([10]11) 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).]Publishers, when submitting new primary material to be evaluated by the USOE, shall submit an electronic version in NIMAS file format of that material to the National Instructional Materials Access Center (NIMAC) for use in conversion into Braille, large print, and other formats for students with print disabilities.

C. USOE review:

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

(2) The USOE may initiate a formal or informal audit of instructional materials purchased to determine purchase or use of instructional materials consistent with the law or this rule.

 

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

[A. ]A local board shall establish a policy for school 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);]A. assurances signed by the school district superintendent and school principal(s) that primary instructional materials have been aligned to the Core by an independent party and that the completed Core alignment mapping is available on a public website free of charge for teachers and the general public.

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

C. Consistent with legislative direction, charter schools are exempt from using only instructional materials that have been reviewed consistent with this rule under Section 53A-1a-511(4)(g).

 

R277-469-9. Agreements and Procedures for Publishing Companies.

A. Publishing companies desiring to sell primary instructional materials to Utah school districts and schools shall:

(1) contract with an independent party to evaluate and align the primary instructional material and related ancillary materials to the appropriate Utah Core for basic skills courses and in harmony with the following provisions:

(a) the publisher provides a detailed summary of the Core alignment mapping on a public website at no charge; and

(b) the publisher provides a hyperlink from the public website to the Commission for the purpose of tying the independent alignment mapping to the evaluation conducted by the Commission on the RIMs website.

(2) The requirements under R277-469-9-A(1) shall only be performed by entities consistent with Section 53A-14-107(2).

B. Publishers [desiring]seeking to sell recommended materials to Utah schools or school districts[ schools] shall[ or districts shall] have adopted materials on deposit at an instructional materials depository in the business of selling instructional materials to schools or school 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]9 shall not preclude publishers from selling instructional materials to schools or school districts in Utah directly or through means other than the designated depository.

E. 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[.]; and

(d) the publisher submits a revised electronic edition in NIMAS file format to the National Instructional Materials Access Center (NIMAC) if the USOE approves the substitution request.

(2) If Subsection R277-469-8E 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]10. 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

Date of Enactment or Last Substantive Amendment: [May 5, 2004]2007

Notice of Continuation: April 4, 2003

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-14-101 through 53A-14-106; 53A-1-401(3)