No. 36373 (Amendment): Rule R277-489. Optional Extended Day Kindergarten - Responsibilities, Timelines, and Funding

(Amendment)

DAR File No.: 36373
Filed: 06/15/2012 07:05:39 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to comply with H.B. 513, 2012 General Session, which changed the title of the program from Optional Extended Day Kindergarten to Early Intervention Program.

Summary of the rule or change:

The amendments include new definitions, a new section on Utah State Board of Education (Board)/Utah State Office of Education (USOE) responsibilities, new title of "School District Responsibilities" to "LEA Responsibilities" and rewriting the section, and removing the charter school responsibilities and funding sections.

State statutory or constitutional authorization for this rule:

• Section 53A-17a-167
• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The program is funded by the 2012 Legislature and funding will be distributed to LEAs for eligible schools.

local governments:

There is no anticipated cost or savings to local government. Eligible schools will receive funding for early intervention programs.

small businesses:

There is no anticipated cost or savings to small businesses. The amendments to this rule apply to public education and do not affect businesses.

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

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. Funding will be distributed to LEAs for eligible schools and does not affect individuals.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Eligible program participants will comply with state law and the provisions of this rule to receive funding.

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:

07/31/2012

This rule may become effective on:

08/07/2012

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-489. [Optional Extended-Day Kindergarten - Responsibilities, Timelines, and Funding]Early Intervention Program.

R277-489-1. Definitions.

A. "Adaptive learning technology and assessments" means technology tools and software that adjust the presentation of educational material according to students' weaknesses and strengths, as indicated by student responses to questions.

[A]B. "Board" means the Utah State Board of Education.

C. "Early intervention program" means a program that provides additional instruction to kindergarten age students either as an extended period before or after school, on Saturdays, during the summer, or through other means.

[B]D. "Enrollment" means class enrollment of not more than the student enrollment of other kindergarten classes within the school.

[C]E. "Kindergarten readiness assessment" means an assessment based on research and data that determines a child's readiness to begin kindergarten, as determined by the school district or charter school.

[ D. "Optional Extended Day Kindergarten" means a program that provides additional instruction to kindergarten age students as either an extension of the half day program or extended time before or after school, on Saturdays or during the summer.

E. "Required instructional hours" means at least the same number of instructional hours, per school year, as first grade consistent with R277-419-1, Pupil Accounting.

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

G. "LEA plan" means the Early Intervention Program plan submitted by LEAs and approved and accepted for funding by the Board.

H. "Program" means the Early Intervention Program.

I. "Student learning gains" means the score a student obtains by comparing performance on a pre-test at the beginning of an intervention to the performance on a post-test at the end of an intervention (post-test score minus pre-test score equals learning gains score).

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

 

R277-489-2. 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, [by Section 53A-1a-902 which directs the Board to make rules establishing application and reporting procedures to administer the optional extended-day kindergarten program, and] by Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities[.], and by Section 53A-17a-167 which directs the Board to distribute funds appropriated for the Early Intervention Program, consistent with state law, to LEAs that apply for the funds.

B. The purpose of this rule is to establish criteria and procedures for application and reporting procedures to administer the [optional extended-day kindergarten]early intervention program.

 

R277-489-3. Board/USOE Responsibilities.

A. The Board shall accept applications from LEAs for Early Intervention Programs delivered through enhanced kindergarten programs that satisfy the requirements of Section 53A-17a-167 and the provisions of this rule.

(1) The USOE shall accept applications annually beginning on June 1 for the 2012-2013 school year and April 1 in subsequent years and closing as determined by the USOE.

(2) The USOE shall distribute funds to eligible LEAs based on a formula identifying the count of economically disadvantaged students consistent with timelines established by the USOE.

(3) The USOE shall require pre and post-assessments from all funded programs and year-end data.

(4) The USOE shall require year-end data and a report from funded programs.

B. The Board shall select one or more technology providers through an RFP to provide adaptive learning technology and assessments for reading, mathematics, or science for early intervention kindergarten students and an adaptive computer program for literacy instruction for early grade interventions students in kindergarten through grade 1.

(1) The USOE shall accept applications from LEAs for grants to be used to purchase Board-selected adaptive learning technology and assessments for reading, mathematics, or science for early intervention kindergarten students or an adaptive computer program for literacy instruction, or both, for early grade interventions for students in kindergarten through grade 1.

(2) The USOE shall require pre and post-assessments from all participating LEAs.

(3) The USOE shall require an annual report from all participating LEAs that assesses the impact of the adaptive learning technology and assessments or adaptive computer program for literacy instruction used by the LEA, including final testing data and student learning gain scores.

(4) The Board shall report final testing data and student learning scores regarding adaptive learning technology and assessments or adaptive computer program for literacy instruction on or before November 1, 2012 and every year thereafter to the Education Interim Committee and the Governor.

 

R277-489-[3]4. [School District]LEA Responsibilities.

A. LEA applications for Early Intervention Programs shall include:

(1) names of schools for which Program funds shall be used;

(2) a description of the delivery method or methods that shall be used to serve eligible students (such as full-day kindergarten, two half-days, extra hours, summer program, or other means);

(3) a description of the evidence-based early intervention model used by the LEA;

(4) a description of how the program shall focus on age-appropriate literacy and numeracy skills;

(5) a description of how the program shall be targeted to at-risk students;

(6) a description of the assessment procedures and tools that shall be used by participating schools within the LEA; and

(7) other information as requested by the USOE.

B. LEAs may apply for grants to be used to purchase Board-selected adaptive learning technology and assessments for reading, mathematics, or science for early intervention kindergarten students and an adaptive computer program for literacy instruction, or both, for early grade interventions students in kindergarten through grade 1.

(1) LEA adaptive learning technology and assessments grant recipients shall use a pre-test before using the technology tools and software with early intervention kindergarten students and shall administer a post-test at the end of the year.

(2) LEAs shall prepare and submit a report to the USOE detailing final testing data including student learning gains regarding the adaptive learning technology.

(3) LEA adaptive computer program for literacy instruction for early grade interventions grant recipients shall use a pre-test before using the technology tools and software with early intervention students in kindergarten through first grade and shall administer a post-test at the end of the year.

(4) LEAs shall prepare and submit a report to the USOE detailing final testing data including student learning gains regarding the adaptive computer program for literacy instruction for early grade interventions.

C. LEAs that fail to provide complete and accurate data and reports as requested shall not receive Program funding in subsequent years.

D. An LEA may not require a student to participate in an early intervention program.

[ A. School districts intending to participate in the optional extended-day kindergarten program shall submit a letter of intent to the USOE by May 1, 2007 and by application every succeeding year.

B. School districts shall submit applications available from the USOE by July 2, 2007 and by August 10 for each year thereafter providing:

(1) the school(s) within the district that will participate in the optional extended-day program;

(2) the approximate number of classes of optional extended-day kindergarten that will be offered at each school in the district;

(3) the approximate number of Title I schools identified by the school district, and which Title I schools will participate in the optional extended-day kindergarten program;

(4) the approximate number of students in the school district who were eligible to receive free school lunch under USDA regulations in the previous school year; and

(5) all other assurances, information and documentation required by the USOE on the application.

 

R277-489-4. Charter School Responsibilities.

A. Charter schools shall be in, at least, their second year of successful operation to participate in the optional extended-day kindergarten program.

B. Charter schools that intend to participate in the optional extended-day kindergarten program shall submit a letter of intent to the USOE by July 2, 2007 and by August 10 each year thereafter providing:

(1) that the school intends to participate in the optional extended-day kindergarten program;

(2) the approximate number of classes of optional extended-day kindergarten that will be offered at the school;

(3) if the charter school is designated as a Title I school;

(4) the approximate number of students in the school who were eligible to receive free school lunch under USDA regulations in the previous school year; and

(5) all other assurances, information and documentation required by the USOE on the application.

 

R277-489-5. Funding.

A. Optional extended-day kindergarten program funds shall be distributed to charter schools and school districts consistent with Section 53A-1a-903(3) and (4) respectively.

B. The Board shall modify the distribution of funds to provide sufficient funding for each Title I school, including neighborhood and charter schools, to participate in the optional extended-day kindergarten program.

C. Funding modifications for Title I schools shall be made separately for school districts and charter schools.

D. $ 7,500,000 of the $30,000,000 appropriated for the optional extended-day kindergarten program shall be distributed annually in 2007, 2008, 2009 and 2010 to participating school districts and charter schools, consistent with Section 53A-1a-903.]

 

R277-489-[6]5. Assessment, Accountability and Reporting.

A. [Both school districts and charter schools]LEAs shall use a self-selected kindergarten [readiness]pre-assessment with all kindergarten students[.]:

(1) The days used for assessment shall be consistent with R277-419-7, Pupil Accounting.

(2) The USOE may provide a model kindergarten assessment from a list of appropriate assessments.

(3) Post assessments shall be completed by [school districts and charter schools]LEAs prior to the ending of the school year and reported to the Board as soon as reasonably possible.

(4) Post assessment[s] results for all kindergarten students shall provide evidence of student learning matched to the program's pre-assessments used for program placement.

[B. The USOE shall require and school districts and charter schools shall provide annual reports to the USOE consistent with Section 53A-1a-902(4)(d).

][C]B. [School districts and charter schools]LEAs that fail to provide complete, accurate and timely reports shall not receive funding in subsequent years.

 

KEY: [kindergarten, extended-day]early intervention

Date of Enactment or Last Substantive Amendment: [July 9, 2007]2012

Notice of Continuation: June 15, 2012

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; [53A-1a-902; ]53A-1-401(3); 53A-17a-167

 

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