No. 41782 (Amendment): Rule R277-489. Early Intervention Program

(Amendment)

DAR File No.: 41782
Filed: 06/09/2017 12:29:58 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-489 is amended to update provisions in the rule regarding the application process; entry and exit assessments; use of assessment data; and update the rule in accordance with the Rulemaking Manual for Utah.

Summary of the rule or change:

The amendments to Rule R277-489 provide provisions to clarify the Early Intervention Program application process; provide for required use of a uniform kindergarten entry and exit assessments; provide provisions for the use of entry and exit assessment data; and provide technical and conforming changes to the rule in accordance with the Rulemaking Manual for Utah.

Statutory or constitutional authorization for this rule:

• Art X, Sec 3
• Section 53A-1-401

Anticipated cost or savings to:

the state budget:

Changes to the rule will likely not result in a cost or savings to the state budget. Funding was provided for in the 2017 General Session for a uniform kindergarten assessment for local education agencies (LEAs) participating in certain programs.

local governments:

Changes to the rule will likely not result in a cost or savings to local government. Schools, based on the assessments, may be eligible to receive early intervention program funding.

small businesses:

Changes to the rule will likely not result in a cost or savings to small businesses. The early intervention program applies to public education and does not affect businesses.

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

Changes to the rule will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities. Funding was provided for in the 2017 General Session for a state-mandated uniform kindergarten assessment for LEAs participating in certain programs.

Compliance costs for affected persons:

There could be compliance costs in the form of withholding of funds for LEAs participating in the program that fail to provide complete, accurate, and timely reporting as required by this rule. Any costs would be very speculative and, it is anticipated that LEAs will comply with the requirements of this rule.

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

After conducting a thorough analysis, it was determined that the amendments to this rule will not result in a fiscal impact to businesses.

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 801-538-7656, 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:

07/31/2017

This rule may become effective on:

08/07/2017

Authorized by:

Angela Stallings, Deputy Superintendent, Policy and Communication

RULE TEXT

R277. Education, Administration.

R277-489. Early Intervention Program.

R277-489-[ 2 ]1. Authority and Purpose.

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

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

(b) Section 53A-1-401[(3)], which [permits]allows the Board to [adopt]make rules [in accordance with its responsibilities]to execute the Board's duties and responsibilities under the Utah constitution and state law[,]; and[by]

(c) Section 53A-17a-167, which directs the Board to distribute funds appropriated for the [E]early [I]intervention [P]program[, consistent with state law,] and k-3 reading software program to LEAs that apply for the funds.

[B.](2) The purpose of this rule is to establish criteria and procedures [for application and reporting procedures ]to administer the early intervention program and the k-3 reading software program.

 

R277-489-[1]2. Definitions.

[A.](1) "Adaptive learning technology and assessments" means technology tools and software that adjust the presentation of educational material according to a [students'] student's weaknesses and strengths, as indicated by the student's responses to questions.

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

[C.](2) "Early intervention program" means a program that provides additional instruction to kindergarten age students [either]:

(a) as an extended period before or after school, on Saturdays, or during the summer[,]; or

(b) through other means.

[D.](3) "Enrollment" means class enrollment of not more than the student enrollment of other kindergarten classes within the school.

[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.

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

[G.](4) "LEA plan" means the [E]early [I]intervention [P]program plan submitted by an LEA[s] and approved and accepted for funding by the [Board]Superintendent.

[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).

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

 

R277-489-3. [Board/USOE Responsibilities]Early Intervention Program.

[A.](1) The [Board]Superintendent shall accept applications from LEAs for [E]early [I]intervention [P]programs delivered through enhanced kindergarten programs that satisfy the requirements of Section 53A-17a-167 and the provisions of this rule.

([1]2) The [USOE]Superintendent shall establish timelines[accept] for submission of 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 Board shall select charter schools with the greatest need for an enhanced kindergarten program in consultation with the State Charter School Board.]

(3) An LEA application for early intervention program funds shall include:

(a) the names of schools for which program funds must be used;

(b) a description of the delivery methods that may be used to serve eligible students, such as:

(i) full-day kindergarten;

(ii) two half-days;

(iii) extra hours;

(iv) a summer program; or

(v) other means;

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

(d) a description of how the program focuses on age-appropriate literacy and numeracy skills;

(e) a description of how the program targets at-risk students;

(f) a description of the assessment procedures and tools to be used by participating schools within the LEA; and

(g) other information as requested by the Superintendent and approved by the Board.

([3]4) The [Board]Superintendent shall distribute funds to eligible charter schools based on a formula identifying the percentage of students in public schools and the percentage of students with the greatest need for an enhanced kindergarten program consistent with Subsection 53A-17a-167(4)(a).

([4]5) The [Board]Superintendent shall distribute funds to eligible school districts by determining the number of students eligible to receive free lunch in the prior school year for each school district and prorating the remaining funds based on the number of students eligible to receive free lunch in each school district.

([5]6) [All funds shall be distributed consistent with USOE established timelines.]The Superintendent shall establish timelines for distribution of early intervention program funds.

([6]7) The [USOE]Superintendent shall require all funded programs to:[pre and post-]

(a) conduct entry and exit assessments; [from all funded programs and]

(b) submit data as required by Section R277-489-5 [year-end data.]; and

(c) submit an annual report.

(8) An LEA may not require a student to participate in an early intervention program.

[(7) 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 for students in kindergarten through grade 3.

(1) The USOE shall accept applications from LEAs for grants to be used to purchase Board-selected adaptive learning technology and assessments for reading for students in kindergarten through grade 3.

(2) A school district or charter school that received a license for an adaptive learning technology in a previous school year shall be given priority to receive an equivalent license in subsequent years.

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

(4) 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.

(5) 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.]

 

R277-489-4. [ EA Responsibilities]Adaptive Learning Technology Grants .

[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.]

(1) The Superintendent shall select one or more technology providers through an RFP to provide adaptive learning technology and assessments for reading for students in kindergarten through grade 3.

[B.](2)(a) An LEA[s] may apply for a grant[s] for [Board-selected ]adaptive learning technology and assessments for reading for students in kindergarten through grade 3.

(b) An LEA that receive a license for adaptive learning technology in a previous school year shall be given a priority to receive an equivalent license in subsequent years.

(c) An LEA receiving funding for adaptive learning technology shall:

(i) conduct entry and exit assessments of participating students; and

(ii) submit an annual report that assesses the impact of the adaptive learning technology and assessments or adaptive computer programs for literacy instruction used by the LEA, including final testing data and student learning gain scores.

(3) The Superintendent shall report final testing data and student learning scores regarding adaptive learning technology and assessments or adaptive computer programs for literacy instruction by November 1 annually to the Education Interim Committee and the Governor.

[(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.]

 

R277-489-5. Assessment, Accountability and Reporting.

[A.](1) An LEA[s] shall use a [self-selected]state mandated uniform kindergarten entry [pre-]assessment, approved by the Superintendent, with all kindergarten students[:].

([1]2) The days used for assessment shall be consistent with Subsection R277-419-11(3)(e)[7, Pupil Accounting].

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

(3) An LEA shall conduct an entry assessment within an administration window that is three weeks prior to the first day of school and within the first three weeks of kindergarten starting.

(4) An LEA shall submit entry assessment data to the Data Gateway by September 30 annually.

([3]5) An LEA shall complete [Post]a state-mandated exit assessment[s shall be completed by LEAs], approved by the Superintendent, during the last four weeks prior to the ending of the school year and report[ed] the results to the [Board]Superintendent [as soon as reasonably possible]by June 15 annually.

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

B. LEAs that fail to provide complete, accurate and timely reports may not receive funding in subsequent years.]

(5) The Superintendent may recommend action to the Board, including withholding of funds, in accordance with Rule R277-114 for an LEA that fails to provide complete, accurate, and timely reporting as required by this rule.

(6) A charter school, which does not receive early intervention program funds or k-3 reading software funds, is not subject to the assessment and reporting requirements of this Section R277-489-5.

 

R277-489-6. Use of Entry and Exit Assessment Data.

(1) The Superintendent or an LEA may use entry and exit assessment data obtained in accordance with Section R277-489-5 to:

(a) provide insights into current levels of academic and social emotional performance upon entry and exit of kindergarten;

(b) identify students in need of early intervention instruction and promote differentiated instruction for all students;

(c) understand the effectiveness of programs, such as extended-day kindergarten and pre-school;

(d) provide opportunities for data data-informed decision making and cost-benefit analysis of early learning initiatives;

(e) identify effective instructional practices or strategies for improving student achievement outcomes in a targeted manner; and

(f) understand the influence and impact of full-day kindergarten on at-risk students in both the short- and long-term.

(2) An LEA may not use entry and exit assessment data obtained in accordance with Section R277-489-5 to:

(a) justify early enrollment of a student who is not currently eligible to enroll in kindergarten, such as a student with a birthday falling after September 1;

(b) evaluate an educator's teaching performance; or

(c) determine whether a student should be retained or promoted between grades.

 

KEY: early intervention

Date of Enactment or Last Substantive Amendment: [August 7, 2013 ]2017

Notice of Continuation: June 15, 2012

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

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