No. 43732 (Amendment): Rule R277-604. Private School, Home School, and Bureau of Indian Affairs (BIA) Student Participation in Public School Achievement Tests

(Amendment)

DAR File No.: 43732
Filed: 05/21/2019 12:16:55 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

With the recent changes in state assessments, Rule R277-604, the rule governing private schools, home schools, and Bureau of Indian Education participation in public school achievement tests, needs to be updated.

Summary of the rule or change:

The Utah State Board of Education (Boards) updated language in Rule R277-604 to include the names of the current state assessments and update citations throughout the rule.

Statutory or constitutional authorization for this rule:

• Article X Section 3
• Section 53E-4-302
• Section 53E-3-401

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. This rule governing private schools, home schools, and Bureau of Indian Education participation in public school achievement tests is being updated to reflect changes in state assessments. These updates are to reflect the names of the current state assessments and correct citations, and thus it does not have a fiscal impact.

local governments:

These rule changes are not expected to have any fiscal impact on local governments' revenues or expenditures. This rule governing private schools, home schools, and Bureau of Indian Education participation in public school achievement tests is being updated to reflect changes in state assessments. These updates are to reflect the names of the current state assessments and correct citations, and thus it does not have a fiscal impact.

small businesses:

These rule changes are not expected to have any fiscal impact on small businesses' revenues or expenditures. This rule governing private schools, home schools, and Bureau of Indian Education participation in public school achievement tests is being updated to reflect changes in state assessments, and thus does not apply to small businesses.

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

These rule changes are not expected to have any material fiscal impact on persons other than small businesses', businesses', or local government entities' revenues or expenditures. This rule governing private schools, home schools, and Bureau of Indian Education participation in public school achievement tests is being updated to reflect changes in state assessments, and thus does not apply to 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 non-small businesses with a NAICS code 611110). These rule changes have no fiscal impact on local education agencies and will not have a fiscal impact on non-small or small businesses. The Program Analyst at the Utah State Board of Education, Jill Curry, 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:

07/15/2019

This rule may become effective on:

07/22/2019

Authorized by:

Angela Stallings, Deputy Superintendent of Policy

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2020

FY 2021

FY 2022

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 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 non-small businesses with a NAICS code 611110). Thus, these rule changes are not expected to have any fiscal impact on non-small businesses' revenue or expenditures because there are no applicable non-small businesses and it does not require any expenditures of or generate revenues for non-small businesses.

 

The Program Analyst at the Utah State Board of Education, Jill Curry, has reviewed and approved this fiscal analysis.

 

 

R277. Education, Administration.

R277-604. Private School, Home School, and Bureau of Indian [Affairs]Education (BI[A]E ) Student Participation in Public School Achievement Tests.

R277-604-1. Authority and Purpose.

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

(b) Section [53A-1-401]53E-3-401, which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law; and

(c) Section [53A-1-603]53E-4-302, which directs the Board to require school districts and charter schools to administer the U-PASS assessment system to uniformly measure statewide student performance.

(2) The purpose of this rule is:

(a) to provide opportunities for Utah private school students and home school students who are Utah residents, and Utah students attending Bureau of Indian [Affairs]Education (BIE) schools to participate in U-PASS;

(b) to maintain the integrity and security of U-PASS;

(c) to provide an orderly and manageable administrative process for public schools to include Utah private school students and home school students who are Utah residents, and Utah students attending BI[A]E schools to participate in U-PASS if they so desire; and

(d) to protect the public investment in U-PASS by making assessments available to students who are not funded by the public education system through fair, reasonable, and consistent practices.

 

R277-604-2. Definitions.

(1) "Home school student" means a student who has been excused from compulsory education and for whom documentation has been completed under Section [53A-11-102]53G-6-204.

(2) "Private school" means a school that is not a public school but:

(a) has a current business license through the Utah Department of Commerce;

(b) is accredited as described in R277-410; and

(c) has and makes available a written policy for maintaining and securing student records.

(3) "Utah Performance Assessment System for Students" or "U-PASS" means:

(a) the summative adaptive assessment of a student in grades 3 through [12]8 in basic skills courses;

(b) the online writing assessment in grades [3 through 11]5 and 8;

(c) a high school assessment in grades 9 and 10;

(d) a statewide English Language proficiency assessment;

([c]e) the college readiness assessment; and

([d]f) the summative assessment of a student in grade 3 to measure reading grade level using the end of year benchmark reading assessment.

 

R277-604-3. Private Schools.

(1) Private school students who are Utah residents, as defined under [53A-2-201]53G-6-302, may participate in U-PASS.

(2) Private school students who are not Utah residents may participate in U-PASS only by payment in advance of the full cost of individual assessments as determined by local school board policy.

(3)(a) Private schools that are interested in participating in U-PASS may, at the public school district's discretion, do so only in the public school district in which the private school is located.

(b) School districts shall determine at which public schools within the district private school students may take achievement tests.

(c) A private school may request the following from the school district in which the private school is located:

(i) an annual schedule of U-PASS dates;

(ii) the locations at which private schools may be tested; and

(iii) written policies for private school student participation.

(4) A school district shall develop a policy regarding private school student participation in U-PASS, which shall include:

(a) reasonable costs for the participation of Utah private school students in U-PASS to be paid in advance by either the student or the student's private school;

(b) an explanation of reasonable costs including costs for administration materials, scoring, and reporting of assessment results;

(c) notice to private school administrators of any required private school administrator participation in monitoring or proctoring of tests; and

(d) reasonable time lines for private school requests for participation and school district or school response.

 

R277-604-4. Home School Students.

(1) A home school student who is a Utah resident, as defined under Section [53A-2-201]53G-6-302, may participate in U-PASS as provided in this rule.

(2) A home school student may participate in U-PASS only if the student has satisfied the home schooling requirements of Section [53A-11-102]53G-6-204.

(3) A home school student who desires to participate in U-PASS may participate in:

(a) the public school district in which the home school student's parent or legal guardian resides; or

(b) a charter school.

(4) A home school student or parent may request the following from the school district in which the home school student or parent resides or a charter school:

(a) an annual schedule of U-PASS dates;

(b) the locations at which home school students may be tested; and

(c) written policies for home school student participation.

(5) A school district or charter school shall develop a policy regarding home school student participation in U-PASS, which:

(a) may not require a home school student to pay a fee that is not charged to traditional students;

(b) shall include notice to home school students or parents of any required parent or adult participation in monitoring or proctoring of tests; and

(c) shall include reasonable time lines for home school requests for participation and school district or school response.

 

R277-604-5. Bureau of Indian [Affairs]Education (BI[A]E ) Students.

(1) BIA schools may participate in all U-PASS requirements for all Utah students.

(2) Materials and training shall be provided to BI[A]E schools from the public school district in which the school is located on the schedule that applies to Utah school districts.

 

R277-604-6. LEA Responsibilities.

An LEA shall comply with the following when administering U-PASS to a private, home school, or Bureau of Indian [Affairs']Educations' student:

(1) Board Rule R277-404; and

(2) the Standard Test Administration and Testing Ethics Policy described in R277-404-3.

 

KEY: home school, private school, participation, achievement tests

Date of Enactment or Last Substantive Amendment: [December 8, 2016]2019

Notice of Continuation: October 14, 2016

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; [53A-1-401]53E-3-401 ; [53A-1-603]53E-4-302 (1)(a)

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