No. 33752 (Amendment): Rule R277-705. Secondary School Completion and Diplomas

(Amendment)

DAR File No.: 33752
Filed: 06/15/2010 07:33:39 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide for changes in H.B. 166, 2010 Legislative Session, which eliminates the requirement to administer norm-referenced achievement testing, eliminates the requirement to administer criterion-referenced achievement tests in grade 2, and suspends administration of the Utah Basic Skills Competency Test (UBSCT) for two years. The amendments also provide for 2010 legislative changes in S.B. 16 which provides new language for school district and charter school participation in a pilot assessment system. (DAR NOTE: H.B. 166 (2010) is found at Chapter 305, Laws of Utah 2010, and was effective 05/11/2010. S.B. 16 (2010) is found at Chapter 11, Laws of Utah 2010, and was effective 05/11/2010.)

Summary of the rule or change:

The changes include removing language requiring administration of norm-referenced testing, removing language requiring criterion-referenced testing in grade 2, providing language suspending the UBSCT for at least two years, and providing a new Section R277-705-12 on participation in the High School Assessment Pilot Program.

State statutory or constitutional authorization for this rule:

• Subsections 53A-1-402(1)(b) and (c)
• Subsection 53A-1-401(3)
• Sections 53A-1-604 through 53A-1-611

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. Although the changes to the rule permanently eliminate norm-referenced testing, administration of criterion-referenced testing in grade 2, and suspend the UBSCT for at least two years, funding previously appropriated for this purpose has now been directed toward the High School Assessment Pilot Program.

local governments:

There are no anticipated costs or savings to local government. Public school districts and charter schools will simply not administer the specific tests that have eliminated or suspended. School districts and charter schools may apply for participation in the High School Assessment Pilot Program.

small businesses:

There are no anticipated costs or savings to small businesses. The rule applies only to public school district and schools.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. Students will not be required to take tests that have been eliminated or suspended.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Public schools will not administer specific tests that have been eliminated or suspended.

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.

Larry K. Shumway, State Superintendent

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:

08/02/2010

This rule may become effective on:

08/09/2010

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-705. Secondary School Completion and Diplomas.

R277-705-1. Definitions.

In addition to terms defined in Section 53A-1-602:

A. "Accredited" means evaluated and approved under the Standards for Accreditation of the Northwest Association of Accredited Schools or the accreditation standards of the Board, available from the Utah State Office of Education Accreditation Specialist.

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

C. "Criterion-referenced test (CRT)" means a test to measure performance against a specific standard. The meaning of the scores is not tied to the performance of other students.

D. "Cut score" means the minimum score a student must attain for each subtest to pass the UBSCT.

E. "Demonstrated competence" means subject mastery as determined by [school district]LEA standards and review. [School district]LEA review may include such methods and documentation as: tests, interviews, peer evaluations, writing samples, reports or portfolios.

F. "Diploma" means an official document awarded by a n [public school district or high school]LEA consistent with state and [district]LEA graduation requirements and the provisions of this rule.

G. "Individualized Education Program (IEP)" means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with the Utah Special Education Rules and Part B of the Individuals with Disabilities Education Act (IDEA).

H. "LEA" means a local education agency, including local school boards/public school districts and schools, and charter schools.

[H]I. "Military child or children" means a K-12 public education student whose parent(s) or legal guardian(s) satisfies the definition of Section 53A-11-1401.

[I]J. "Secondary school" means grades 7-12 in whatever kind of school the grade levels exist.

[J]K. "Section 504 Plan" means a written statement of reasonable accommodations for a student with a qualifying disability that is developed, reviewed, and revised in accordance with Section 504 of the Rehabilitation Act of 1973.

[K]L. "Special purpose schools" means schools designated by regional accrediting agencies, such as Northwest. These schools typically serve a specific population such as students with disabilities, youth in custody, or schools with specific curricular emphasis. Their courses and curricula are designed to serve their specific populations and may be modified from traditional programs.

[L]M. "Supplemental education provider" means a private school or educational service provider which may or may not be accredited, that provides courses or services similar to public school courses/classes.

[M]N. "Transcript" means an official document or record(s) generated by one or several schools which includes, at a minimum: the courses in which a secondary student was enrolled, grades and units of credit earned, UBSCT scores and dates of testing , if applicable, citizenship and attendance records. The transcript is usually one part of the student's permanent or cumulative file which also may include birth certificate, immunization records and other information as determined by the school in possession of the record.

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

(1) systematic norm-referenced achievement testing of all students in grades 3, 5, and 8 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;

(3) direct writing assessments in grades 5 and 8; and

(4) beginning with the 2003-2004 school year, a tenth grade basic skills competency test as detailed in Section 53A-1-611.]O. "Utah Performance Assessment System for Students (U-PASS)" means:

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

(a) language arts (grades 3-11);

(b) mathematics (grades 3-7) and pre-algebra, elementary Algebra 1, Algebra 2 and geometry;

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

(2) an online direct writing assessment in grades 5 and 8;

(3) a tenth grade basic skills competency test as detailed in Section 53A-1-611 (suspended through at least the 2011-2012 school year); and

(4) the use of student behavior indicators in assessing student performance.

(5) The U-PASS Performance Report is suspended through at least the 2011-2012 school year.

[O]P. "Unit of credit" means credit awarded for courses taken consistent with this rule or upon [school district/school]LEA authorization or for mastery demonstrated by approved methods.

[P]Q. "Utah Alternative Assessment (UAA)" means an assessment instrument for students in special education with disabilities so severe they are not able to participate in the components of U-PASS even with testing accommodations or modifications. The UAA measures progress on instructional goals and objectives in the student's individual education program (IEP).

[Q]R. "Utah Basic Skills Competency Test (UBSCT)" means a test to be administered to Utah students beginning in the tenth grade (suspended through at least the 2011-2012 school year) to include at a minimum components on English, language arts, reading and mathematics. Utah students shall satisfy the requirements of the UBSCT in addition to state and [district]LEA graduation requirements prior to receiving a high school diploma indicating a passing score on all UBSCT subtests , for applicable school years.

[R]S. "UBSCT Advisory Committee" means a committee that is advisory to the Board with membership appointed by the Board, including appropriate representation of special populations from the following:

(1) parents;

(2) high school principal(s);

(3) high school teacher(s);

(4) school district superintendent(s);

(5) Coalition of Minorities Advisory Committee;

(6) Utah State Office of Education staff;

(7) local school board(s);

(8) higher education.

 

R277-705-2. Authority and Purpose.

A. This rule is authorized by Article X, Section 3 of the Utah Constitution, which places general control and supervision of the public schools under the Board; Section 53A-1-402(1)(b) and (c) which direct the Board to make rules regarding competency levels, graduation requirements, curriculum, and instruction requirements; Sections 53A-1-603 through 53A-1-611 which direct the Board to adopt rules for the conduct and administration of U-PASS; 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 consistent definitions, provide alternative methods for students to earn and schools to award credit, and to provide rules and procedures for the assessment of all students as required by law[, and to provide for differentiated diplomas or certificates of completion consistent with state law].

 

R277-705-3. Required [School District]LEA Policy Explaining Student Credit.

A. All Utah [school districts or schools and charter schools]LEAs shall have a policy, approved in an open meeting by the governing board, explaining the process and standards for acceptance and reciprocity of credits earned by students in accordance with Utah state law. Policies shall provide for specific and adequate notice to students and parents of all policy requirements and limitations.

B. [School districts and schools]LEAs shall adhere to the following standards for credits or coursework from schools, supplemental education providers accredited by the Northwest Association of Accredited Schools, and accredited distance learning schools:

(1) Public schools shall accept credits and grades awarded to students from schools or providers accredited by the Northwest Association of Accredited Schools or approved by the Board without alteration.

(2) [School district or school]LEA policies may establish reasonable timelines and may require adequate and timely documentation of authenticity for credits and grades submitted.

C. [School district or school]LEA policies shall provide various methods for students to earn credit from non-accredited sources, course work or education providers. Methods, as designated by the [school district or school]LEA may include:

(1) Satisfaction of coursework by demonstrated competency, as evaluated at the [school district or school]LEA level;

(2) Assessment as proctored and determined at the school or school level;

(3) Review of student work or projects by [school or school district]LEA administrators; and

(4) Satisfaction of electronic or correspondence coursework, as approved at the [school or school district]LEA level.

D. [Schools/school districts]LEAs may require documentation of compliance with Section 53A-11-102 prior to reviewing student home school or competency work, assessment or materials.

E. [School/school district]LEA policies for participation in extracurricular activities, awards, recognitions, and enhanced diplomas may be determined locally consistent with the law and this rule.

F. A n [school district or school]LEA has the final decision-making authority for the awarding of credit and grades from non-accredited sources consistent with state law, due process, and this rule.

 

R277-705-4. Diplomas and Certificates of Completion.

A. [School districts or schools]LEAs shall award diplomas and certificates of completion.

B. [School districts or schools shall offer differentiated diplomas to secondary school students and adults to]Differentiated diplomas that reference the UBSCT before the 2010-2011 school year and after the 2012-2013 school year shall include:

(1) a high school diploma indicating on the diploma that a student successfully completed all state and [district]LEA course requirements for graduation and passed all subtests of the UBSCT.

(2) a high school diploma indicating on the diploma that a student did not receive a passing score on all UBSCT subtests; the student shall have:

(a) met all state and [district]LEA course requirements for graduation; and

(b) beginning with the graduating class of 2007, participated in UBSCT remediation consistent with [school district or school]LEA policies and opportunities; and

(c) provided documentation of at least three attempts to take and pass all subtests of the UBSCT unless:

(i) the student took all subtests of the UBSCT offered while the student was enrolled in Utah schools; or

(ii) a student's IEP team has determined that the student's participation in statewide assessment is through the UAA.

C. [School districts or schools]LEAs shall establish criteria for students to earn a certificate of completion that may be awarded to students who have completed their senior year, are exiting the school system, and have not met all state or [district]LEA requirements for a diploma.

 

R277-705-5. Students with Disabilities.

A. A student with disabilities served by special education programs shall satisfy high school completion or graduation criteria, consistent with state and federal law and the student's IEP.

B. A student may be awarded a certificate of completion or a differentiated diploma, consistent with state and federal law and the student's IEP or Section 504 Plan.

 

R277-705-6. Adult Education Students.

A. Students who are officially enrolled in a school district as adult education students shall not be required to have attempt ed or pass ed the UBSCT in order to qualify for an adult education diploma.

B. Adult education students are eligible only for an adult education secondary diploma.

C. [After the 2006-2007 school year,]An adult education diplomas cannot be upgraded or changed to traditional, high school-specific diplomas.

D. School districts shall establish policies:

(1) allowing or disallowing adult education student participation in graduation activities or ceremonies.

[(2) allowing or disallowing adult education students from attempting the UBSCT.

(3) providing for wording, on adult education diplomas, including allowing or disallowing adult education diplomas to state that student did or did not pass UBSCT.

]([4]2) establishing timelines and criteria for satisfying adult education graduation/diploma requirements.

 

R277-705-7. Utah Basic Skills Competency Testing Requirements and Procedures (Suspended Through at Least the 2011-2012 School Year Consistent with Section 53A-1-611(6)(b)) .

A. All Utah public school students shall participate in Utah Basic Skills Competency testing, unless exempted consistent with R277-705-11, and unless alternate assessment is designated in accordance with federal law or regulations or state law.

B. Timeline:

(1) Beginning with students in the graduating class of 2006, UBSCT requirements shall apply.

(2) No student may take any subtest of the UBSCT before the tenth grade year.

(3) Tenth graders should first take the test in the second half of their tenth grade year.

(4) Exceptions may be made to this timeline with documentation of compelling circumstances and upon review by the school principal and Utah State Office of Education assessment staff.

C. UBSCT components, scoring and consequences:

(1) UBSCT consists of subtests in reading, writing and mathematics.

(2) Students who reach the established cut score for any subtest in any administration of the assessment have passed that subtest.

(3) Students shall pass all subtests to qualify for a high school diploma indicating a passing score on all UBSCT subtests unless they qualify under one of the exceptions of state law or this rule such as R277-705-7D.

(4) Students who do not reach the established cut score for any subtest shall have multiple additional opportunities to retake the subtest.

(5) Students who have not passed all subtests of the UBSCT by the end of their senior year may receive a diploma indicating that a student did not receive a passing score on all UBSCT subtests or a certificate of completion.

(6) Specific testing dates shall be calendared and published at least two years in advance by the Board.

D. Reciprocity and new seniors:

(1) Students who transfer from out of state to a Utah high school after the tenth grade year may be granted reciprocity for high school graduation exams taken and passed in other states or countries based on criteria set by the Board and applied by the local board.

(2) Students for whom reciprocity is not granted and students from other states or countries that do not have high school graduation exams shall be required to pass the UBSCT before receiving a high school diploma indicating a passing score on all UBSCT subtests if they enter the system before the final administration of the test in the student's senior year.

(3) The UBSCT Advisory Committee following review of applicable documentation shall recommend to the Board the type of diploma that a student entering a Utah high school in the student's senior year after the final administration of the UBSCT may receive.

E. Testing eligibility:

(1) Building principals shall certify that all students taking the test in any administration are qualified to be tested.

(2) Students are qualified if they:

(a) are enrolled in tenth grade, eleventh, or twelfth grade (or equivalent designation in adult education) in a Utah public school program; or

(b) are enrolled in a Utah private/parochial school (with documentation) and are least 15 years old or enrolled at the appropriate grade level; or

(c) are home schooled (with documentation required under Section 53A-11-102) and are at least 15 years old; and

(3) Students eligible for accommodations, assistive devices, or other special conditions during testing shall submit appropriate documentation at the test site.

F. Testing procedures:

(1) Three subtests make up the UBSCT: reading, writing, and mathematics. Each subtest may be given on a separate day.

(2) The same subtest shall be given to all students on the same day, as established by the Board.

(3) All sections of a subtest shall be completed in a single day.

(4) Subtests are not timed. Students shall be given the time necessary within the designated test day to attempt to answer every question on each section of the subtest.

(5) Makeup opportunities shall be provided to students for the UBSCT according to the following:

(a) Students shall be allowed to participate in makeup tests if they were not present for the entire UBSCT or subtest(s) of the UBSCT.

(b) [School districts]LEAs shall determine acceptable reasons for student makeup eligibility which may include absence due to illness, absence due to family emergency, or absence due to death of family member or close friend.

(c) [School districts]LEAs shall provide a makeup window not to exceed five school days immediately following the last day of each administration of the UBSCT.

(d) [School districts]LEAs shall determine and notify parents in an appropriate and timely manner of dates, times, and sites of makeup opportunities for the UBSCT.

(6) Arrangements for extraordinary circumstances or exceptions to R277-705-5 shall be reviewed and decided by the UBSCT Advisory Committee on a case-by-case basis consistent with the purposes of this rule and enabling legislation.

(7) [School districts/schools]LEAs shall allow appropriate exams to substitute for UBSCT attempts or successful completion of UBSCT for military children consistent with Section 53A-11-1404(2).

(8) The graduating classes of 2011, 2012, 2013, and 2014 shall be exempt from the UBSCT requirement of Sections 53A-1-603(1)(b) and 53A-11-1404.

 

R277-705-8. Security and Accountability.

A. Building principals shall be responsible to secure and return completed tests consistent with Utah State Office of Education timelines.

B. [School district]LEAs testing directors shall account for all materials used, unused and returned.

C. Results shall be returned to students and parents/guardians no later than eight weeks following the administration of each test.

D. Appeals for failure to pass the UBSCT due to extraordinary circumstances:

(1) If a student or parent has good reason to believe, including documentation, that a testing irregularity or inaccuracy in scoring prevented a student from passing the UBSCT, the student or parent may appeal to the local board within 60 days of receipt of the test results.

(2) The local board shall consider the appeal and render a decision in a timely manner.

(3) The parent or student may appeal the local board's decision through the UBSCT Advisory Committee, under rules adopted by the Board.

(4) Appeals under this section are limited to the criteria of R277-705-8D(1).

 

R277-705-9. [ Designation of ]Differentiated Diplomas and Certificates of Completion.

A. Local boards of education and local charter boards may issue differentiated diplomas.

B. The requirement for differentiated diplomas under the UBSCT shall be suspended through at least the 2011-2012 school year.

[A]C. As provided under Section 53A-1-611(2)(d), [districts or schools]LEAs shall designate in express language at least the following types of diplomas or certificates:

(1) High School Diploma indicating a passing score on all UBSCT subtests.

(2) High School Diploma indicating that a student did not receive a passing score on all UBSCT subtests.

(3) Certificate of Completion.

(4) High school diploma indicating student achievement on assessments for [school districts and charter schools]LEAs exempted from UBSCT consistent with R277-705-11.

[B]D. The designation of a differentiated diploma [shall]may be made on the face of the diploma or certificate of completion provided to students.

 

R277-705-10. Student Rights and Responsibilities Related to Graduation, Transcripts and Receipt of Diplomas.

A. [School districts]LEAs shall supervise the granting of credit and awarding of diplomas, but may delegate the responsibility to schools within the [district]LEA.

B. A n [school district or school]LEA may determine criteria for a student's participation in graduation activities, honors, and exercises, independent of a student's receipt of a diploma or certificate of completion.

C. Diplomas or certificates, credit or unofficial transcripts may not be withheld from students for nonpayment of school fees.

D. [School districts or schools]LEAs shall establish consistent timelines for all students for completion of graduation requirements. Timelines shall be consistent with state law and this rule.

E. [School districts/charter schools]LEAs shall work with enrolled military children to evaluate the students' coursework or to assist students in completing coursework to allow military children to graduate with the students' age-appropriate graduating class consistent with Section 53A-11-1404.

F. Consistent with Section 53A-11-1404(3), if a Utah school is unable to facilitate a military child's receipt of diploma by evaluating coursework in Utah schools and previous schools attended, the Utah school shall contact the military child's previous local education agency and aid, to the extent possible, the receipt of a diploma.

G. Graduation or U-PASS requirements are not retroactive.

 

R277-705-11. Student Achievement Testing Exceptions.

A. The Board may exempt a n [school district or charter school]LEA from U-PASS testing requirements if a n [school district or charter school]LEA pilots an assessment system that incorporates:

(1) online classroom-based assessment that utilizes adaptive testing in all grades;

(2) online writing assessment in grades 4 through 12;

(3) assessments administered in grades 8, 10, and 11;

(4) college placement assessments in grades 11 to provide information for 12th grade high school course selections; and

(5) is subject to an accountability plan and high school graduation standards that are based on the assessment system described in R277-705-11A(1), (2), (3), and (4) above and developed and adopted by the Board.

B. Exemptions may not exceed three rural school districts, two urban school districts, and five charter schools.

C. Exemptions may not continue beyond July 1, 2010.

D. Students moving from an exempted [school district or charter school]LEA to a nonexempted [school district or charter school]LEA, or students moving from a nonexempted [school district or charter school]LEA to an exempted [school district or charter school]LEA during their 11th or 12th grade year may receive a diploma based on the requirements of their previous or new [school district]LEA as determined by the parents and school administrators of the [school]LEA they attend at the time of graduation.

 

R277-705-12. High School Assessment Pilot Program.

A. The Board shall implement the High School Assessment Pilot Program (Program) consistent with Section 53A-1-603(7) to allow LEAs to:

(1) administer the ACT exam to secondary students for the 2010-11 and 2011-12 schools years; or

(2) administer a computer adaptive testing of basic skills, or both the ACT and computer adaptive testing.

B. The pilot Program shall extend until July 1, 2015.

C. The Board shall develop an application for LEAs choosing to participate in the Program.

D. The Board shall re-direct the money saved by not administering the UBSCT to fund implementation of the Program.

E. LEAs participating in the Program shall assure:

(1) the LEA will continue required CRT testing;

(2) full participation and cooperation with evaluators and Board staff in implementing the Program;

(3) the local board or governing board has fully endorsed the LEA's participation in a public meeting; and

(4) the LEA agrees to provide participation data and results to the Board or the Utah State Legislature, or both, as a requirement of the Program.

 

KEY: curricula

Date of Enactment or Last Substantive Amendment: [August 7, 2009]2010

Notice of Continuation: February 2, 2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1)(b); 53A-1-603 through 53A-1-611; 53A-1-401(3)

 

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