No. 42996 (Amendment): Rule R277-463. Class Size Average and Pupil-Teacher Ratio Reporting

(Amendment)

DAR File No.: 42996
Filed: 06/14/2018 03:16:32 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish uniform class size and pupil-teacher ratio reporting procedures, including definitions and codes. Rule R277-463 is amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Utah State Board of Education (Board) policies.

Summary of the rule or change:

Rule R277-463 is amended to provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies.

Statutory or constitutional authorization for this rule:

• Subsection 53E-3-401(4)
• Article X Section 3
• Section 53E-3-301

Anticipated cost or savings to:

the state budget:

These rule changes are not expected to have any fiscal impact on state government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter how class size averages or pupil-teacher ratios are calculated.

local governments:

These rule changes are not expected to have any fiscal impact on local government revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter how class size averages or pupil-teacher ratios are calculated so local education agencies will continue to report the data in the same manner they do currently.

small businesses:

These rule changes are not expected to have any fiscal impacts on small businesses' revenues or expenditures because they provides technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies, and this rule applies to reporting for LEAs and does not affect small businesses.

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

These rule changes are not expected to have any fiscal impact on other individuals' revenues or expenditures because they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These changes will not alter how class size averages or pupil-teacher ratios are calculated, and this rule applies to reporting for LEAs and does not affect other individuals.

Compliance costs for affected persons:

There are no compliance costs for affected persons.

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

There are 1,241 entities with a NAICS code 611110 (Elementary and Secondary Schools) operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which are small businesses (there are no large businesses with a NAICS code 611110). These rule changes apply to LEAs and the Board and will not have a fiscal impact on large or small businesses. The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

Sydnee Dickson, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7550, 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:

07/31/2018

This rule may become effective on:

08/07/2018

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are zero large businesses with a NAICS code 611110 (Elementary and Secondary Schools). There are 1,241 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are schools including public schools, charter schools, and private schools. Of the 1,241 entities, there are 15 private businesses, all of which have fewer than 50 employees so qualify as small businesses. Thus, these rule changes are not expected to have any fiscal impact on large businesses' revenue or expenditures because there are no applicable large businesses, and they provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies and do not require any expenditures of or generate any revenues for large businesses.

 

The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

R277-463. Class Size Average and Pupil-Teacher Ratio Reporting.

R277-463-[2]1. Authority and Purpose.

[A.](1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which places general control and supervision of the public school system under the Board[,];

(b) Section 53[A]E-[1]3-301, which directs the Board to report average class sizes and pupil-teacher ratios[, Section 53A-3-602.5 which directs the Board to establish rules for uniform class size reporting,]; and

(c) Subsection 53[A]E-[1]3-401[(3)](4), which allows the Board to [adopt rules in accordance with its responsibilities]make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.

[B.](2) The purpose of this rule is to establish uniform class size and pupil-teacher ratio reporting procedures, including definitions and codes.

 

R277-463-[1]2. Definitions.

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

[B.](1) "Course" means the subject matter taught to students.

([1]a) Elementary courses are designated by grade level.

([2]b) Secondary courses are determined by course content.

[C.](2) "EL" means English Learner.

[D.](3)(a) "Individual class" means a group of students organized for instruction and assigned to one or more teachers or other staff members for a designated time period.

(b) A class may include:

(i) students from multiple grades; or[may include]

(ii) students taking multiple courses[and still shall be considered a single class for purposes of class size reporting].

(c) The Superintendent shall determine [A]an individual class [shall be determined ]from course data submitted to the [USOE]Superintendent using a combination of course elements, such as:

(i) CACTUS identification number[,];

(ii) teacher of record[,];

(iii) class period[,];

(iv) term of student enrollment[,]; and

(v) course cycle.

[E. "LEA" means a local education agency, including local school boards/public school district or charter school.]

[F.](4) "Pupil" means a student enrolled in a public school as of October 1 of the reported school year.

[G.](5) "Teacher" [for purposes of this rule ]means a full-time equivalent licensed educator, such as:

(a) a regular classroom teacher[,];

(b) a school-based specialist[, and]; or

(c) a special education teacher.

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

 

R277-463-3. Class Size Average for Elementary Classes.

[A.](1)(a) An LEA[s] shall report student level course data providing sufficient course information to determine the number of students in individual classes.

(b) An LEA shall calculate a [Classes]class with students in multiple grades [shall be calculated ]as one class.

(c) An LEA shall calculate an [E]extended day classes in which one portion of the class arrives early and the other portion stays late [will be calculated ]as one class.

[B.](2)(a) The Superintendent shall calculate [A]average class size [shall be calculated ]by grade.

(b) The Superintendent shall exclude [S]special education, EL, online, and other non-traditional classes [shall be excluded ]from class size average calculations.

[C.](3) [State-]The Superintendent shall derive state and district-level class sizes [shall be derived ]from the median of school-level class sizes.

 

R277-463-4. Class Size Average for Secondary Classes.

[A.](1)(a) An LEA[s] shall report student level course data providing sufficient course information to determine the number of students in individual classes.

(b) An LEA shall calculate [C]classes including students enrolled in multiple courses [shall be calculated ]as one class.

[B.](2)(a) The Superintendent shall calculate [A]average class size [shall be calculated ]for core language arts, mathematics, and science courses.

(b) The Superintendent shall exclude [S]special education, EL, online, and other non-traditional classes [will be excluded ]from class size averages.

[C.](3) [State-]The Superintendent shall derive state and district-level class sizes [shall be derived ]from taking the median of school-level class sizes.

 

R277-463-5. Pupil-Teacher Ratio Calculation.

[A.](1)(a) The Superintendent shall calculate [P]pupil-teacher ratios [shall be calculated ]by school.

(b) The Superintendent shall calculate the pupil-teacher ratio for each school shall [be calculated by ]dividing the number of enrolled pupils by the number of full-time equivalent teachers assigned to the school.

[B.](2) The Superintendent shall derive [D]district-level ratios [shall be derived ]by taking the median of school-level ratios.

[C.](3) The Superintendent shall derive [S]state-level ratios for charter schools and traditional schools [shall be derived from]by taking the median of school-level data.

 

R277-463-6. Reporting Format and Timeline.

The Superintendent shall report [S]school, district and state-level ratios and class size averages [shall be reported ]to the public as required under Section [53A-1-301]53E-3-301.

 

KEY: public schools, enrollment reporting, class size average reporting, pupil-teacher ratio reporting

Date of Enactment or Last Substantive Amendment: [August 7, 2014]2018

Notice of Continuation: June 10, 2014

Authorizing, and Implemented or Interpreted Law: Art. X, Sec 3; [ 53A-1-301; 53A-3-602.5; 53A-1-401(3) ]53E-3-301; 53E-3-401(4)

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