No. 33945 (New Rule): Rule R277-403. Student Reading Proficiency and Notice to Parents

(New Rule)

DAR File No.: 33945
Filed: 08/13/2010 11:15:19 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to provide reading requirements consistent with S.B. 150 from the 2010 Legislative Session. (DAR NOTE: S.B. 150 (2010) is found at Chapter 275, Laws of Utah 2010, and was effective 05/11/2010.)

Summary of the rule or change:

The new rule provides definitions, local education agency responsibilities, and Utah State Office of Education (USOE) responsibilities to ensure identification of students not reading at grade level and appropriate notification to parents.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)
• Subsection 53A-1-606.6(2)

Anticipated cost or savings to:

the state budget:

There may be costs to the USOE budget for assisting local education agencies (LEAs) in developing assessments although the USOE and LEAs intend to use assessments and interventions currently in use. Additional costs, if any, are speculative and will be absorbed by the USOE.

local governments:

There may be costs to local government for LEAs to develop assessments although LEAs intend to use assessments and interventions currently in use. Additional costs, if any, are speculative and will be absorbed by the LEAs.

small businesses:

There are no anticipated costs or savings to small businesses. The rule affects public schools and does not involve small businesses.

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. Parents will not be charged for students to participate in assessments and intervention programs.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The USOE and LEAs will provide services as necessary to comply with the requirements of this rule.

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:

10/01/2010

This rule may become effective on:

10/08/2010

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-403. Student Reading Proficiency and Notice to Parents.

R277-403-1. Definitions.

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

B. "LEA" means a Utah school district or charter school.

C. "Midpoint of the school year" means January 15 of each school year unless an LEA identifies an alternative date as the midpoint in a public board meeting no later than September 30 of each year.

D. "Notification to parents" for purposes of this rule means notice by any reasonable means including electronic notice, notice by telephone, written notice, or personal notice.

E. "Reading below grade level" for purposes of this rule means that a student requires additional instruction beyond that provided to typically developing peers in order to close the gap between the student's current level of reading achievement and that expected of all students in that grade as determined by valid and reliable assessment.

F. "Reading remediation interventions" means instruction ir activities or both in reading given to students in addition to their regular reading instruction, during another time in the school day, outside school hours, or in the summer, which is focused on specific needs as identified by reliable and valid assessments.

G. "USOE" means the Utah State Office of Education.

 

R277-403-2. 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-1-606.6(2) which directs the Board to make rules defining reading levels for specific grades, and by Section 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 notice, reporting standards and timelines for LEAs and to provide for a report by the Board to the Education Interim Committee as required under Section 53A-1-606.6.

 

R277-403-3. LEA Responsibilities.

A. Before the midpoint of the school year, each LEA or school within an LEA, shall identify every student currently enrolled in the school who is in the first, second or third grade who is not reading at grade level.

B. Each LEA shall notify the parent/legal guardian of each student identified under R277-403-3A as determined by the LEA by the midpoint of the school year.

C. An LEA shall use at least two different assessments to identify students who are not reading at grade level.

D. One assessment shall be determined by the USOE.

E. Each LEA shall select and submit the name or type of the additional assessment to the USOE that it shall use to identify students who are not reading at grade level by September 30, 2010. LEAs need not submit additional assessment information annually unless they change the identified assessment.

F. LEAs shall determine the grade level designation for each selected assessment; the USOE shall provide guidance to LEAs to assist in their designation of grade level for various assessments.

G. LEAs shall provide, upon request, information to parents notified under R277-403-3B of the interventions available for their students from the LEA.

H. LEAs shall provide, as part of the S3 Report, the following information:

(1) the number of students in each of grades 1, 2 and 3 that are reading below grade level; and

(2) the number of students in each grade level that were reading below grade level who received reading remediation interventions.

 

R277-403-4. USOE Responsibilities.

A. The USOE shall provide guidance to LEAs about available and valid assessments to use in evaluating the reading grade level of students.

B. The USOE shall assist LEAs in determining expected reading levels of first, second and third grade students.

C. The USOE shall report and provide data to the Education Interim Committee consistent with Section 53A-1-606.6(3).

 

KEY: students, reading, proficiency

Date of Enactment or Last Substantive Amendment: 2010

Authorizing, and Implemented or Interpreted Law: Art X, Sec 3; 53A-1-606.6(2); 53A-1-401(3)

 

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