DAR File No. 38000
This rule was published in the October 1, 2013, issue (Vol. 2013, No. 19) of the Utah State Bulletin.
Education, Administration
Rule R277-402
Online Testing
Notice of Proposed Rule
(Repeal)
DAR File No.: 38000
Filed: 09/16/2013 10:34:14 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule is repealed because necessary sections or provisions provided for in this rule have been incorporated into another rule making this rule unnecessary.
Summary of the rule or change:
This rule is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Subsection 53A-1-708(5)
- 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 rule is no longer necessary because the sections or provisions provided for in this rule have been incorporated into another rule.
local governments:
There is no anticipated cost or savings to local government. The rule is no longer necessary because the sections or provisions provided for in this rule have been incorporated into another rule.
small businesses:
There is no anticipated cost or savings to small businesses. The rule applies to public education and does 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. This rule is no longer necessary because the sections or provisions provided for in this rule have been incorporated into another rule.
Compliance costs for affected persons:
There is no compliance costs for affected persons. The rule is no longer necessary because the sections or provisions provided for in this rule have been incorporated into another 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.
Martell Menlove, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
EducationAdministration
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 carol.lear@schools.utah.gov
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:
10/31/2013
This rule may become effective on:
11/07/2013
Authorized by:
Carol Lear, Director, School Law and Legislation
RULE TEXT
R277. Education, Administration.
[R277-402. Online Testing.
R277-402-1. Definitions.
A. "Board" means the Utah State Board of
Education.
B. "Formative assessment" means an activity,
such as questioning, observation, interview and assessment,
engaged in by teachers and students during instruction that
provides feedback to adjust ongoing teaching and learning to
improve students' achievement of intended instructional
outcomes.
C. "Intent to implement a uniform online summative
test system" as used in 53A-1-708(4) means the commitment by
the USOE to provide a consistent statewide process for school
districts/charter schools to administer 100 percent of CRT
U-PASS-required assessments. This includes the willingness of
school districts/charter schools to provide documentation of
preparatory activities and of actual test-taking by
students.
D. "Online formative assessment system" means a
system coordinated by the USOE for the online delivery of
formative assessments that can be created by teachers, school
districts/charter schools, or the USOE. One part of the system is
the Utah Test Item Pool Service (UTIPS).
E. "Summative tests" means tests administered
near the end of a course to assess overall achievement of course
goals.
F. "Uniform online summative test system" means
a statewide process coordinated by the USOE for the online
delivery of summative tests required under U-PASS.
G. "Utah Performance Assessment System for Students
(U-PASS)" means:
(1) criterion-referenced achievement testing of students
in all grade levels in:
(a) language arts (grades 3-11);
(b) mathematics (grades 3-7) and pre-algebra, elementary
Algebra 1, Algebra 2 and geometry;
(c) science (grades 4-8) and earth systems, biology,
chemistry, and physics; and
(2) an online direct writing assessment in grades 5 and
8;
(3) a tenth grade basic skills competency test as
detailed in Section 53A-1-611 (suspended through at least the
2011-2012 school year); and
(4) the use of student behavior indicators in assessing
student performance.
(5) The U-PASS Performance Report is suspended through at
least the 2011-2012 school year.
H. "USOE" means Utah State Office of
Education.
I. "USOE item pool" means all test items
developed for or by USOE which are intended to support the
instruction of the Utah curriculum for Utah K-12 teachers and
students.
J. "Utah Test Item Pool Service (UTIPS)" means
a system which includes the USOE item pool, all copyrights,
logos, the UTIPS website and domain name, all copyrighted
materials, and all other items and equipment used to provide and
enhance the USOE item pool.
K. "UTIPS Steering Committee" means a committee
formed to govern, support, develop and administer UTIPS. The
committee is comprised of the elected co-chairs of the UTIPS
User's Group and the UTIPS Operators' Group, the USOE
Assessment Director, the USOE Computer Based Assessments
Specialist, the USOE Curriculum Director, and one at-large
member.
R277-402-2. 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, Section 53A-1-708(5) which directs
the Board to specify procedures and accountability for online
summative testing by school districts/charter schools consistent
with existing U-PASS requirements, and Section 53A-1-401(3) which
allows the Board to adopt rules in accordance with its
responsibilities.
B. The purpose of this rule is to provide additional
definitions and a timeline for expeditious implementation of an
educational technology infrastructure for school
districts/charter schools to use to satisfy U-PASS requirements
through an online testing system.
C. The purpose of this rule is also to provide the
requirements for school districts'/charter schools' use
of UTIPS.
R277-402-3. Application and Award Procedures.
A. Online testing funds shall be distributed to school
districts/charter schools consistent with Section
53A-1-708.
B. The USOE shall provide non-competitive applications to
school districts/charter schools for a twenty-five percent base
and seventy-five percent per pupil distribution of funds. For the
purpose of this funding, all charter schools are considered
collectively for the twenty-five percent base.
(1) Applications shall express the intent of the school
district/charter school to build educational technology
infrastructure and capacity to participate in online testing
consistent with Section 53A-1-708.
(2) Applications shall provide a plan for online CRT
testing implementation including:
(a) names of participating schools within the school
district and participating charter schools;
(b) which CRTs will be assessed online;
(c) number of students who will participate in the online
administration of each CRT; and
(d) dates of tests and numbers of students who will
participate in the online testing for each year of the school
district's/charter school's online testing phase-in
plan.
(3) Applications shall provide an evaluation or
accountability process for determining and documenting the
effectiveness of the online testing phase-in plan.
(4) Application budget shall be consistent with the
school district/charter school Consolidated Utah Student
Achievement Plan (CUSAP) and educational technology
plan.
C. The USOE shall implement and maintain at least one
online formative assessment system. School districts/charter
schools may access the USOE item pool through regional servers
and receive updates to the USOE item pool only consistent with
the following conditions:
(1) use of the version of software supported by the UTIPS
Steering Committee and available through the UTIPS Operator's
Group;
(2) participating in both the UTIPS Operators' Group
and User group;
(3) posting of the USOE item pool copyright on their
login website;
(4) providing monthly and annual statistics, as
determined by the UTIPS Steering Committee to the USOE;
and
(5) providing feedback to the USOE regarding item quality
and the schools' need for additional items.
D. Regional servers and school districts/charter schools
that do not act consistent with conditions under R277-402-3C
shall not receive access to the USOE item pool.
R277-402-4. Distribution of Funds.
A. Twenty-five percent of the funds shall be distributed
equally to school districts/charter schools that provide
applications required under R277-402-3. Seventy-five percent of
the funds appropriated by the Legislature in Section 53A-1-708
shall be distributed to school districts/charter schools on a per
pupil basis that provide applications required under
R277-402-3.
B. Per pupil amounts shall be derived from October
student counts of applicants.
C. The USOE shall work with applicants, to the extent of
resources available, to improve the applications for
funding.
D. Each school district/charter school plan shall be
approved by the USOE prior to the school district/charter school
receiving funding under this rule.
E. School districts/charter schools accepting funding
under this rule shall ensure compliance with the requirements of
this rule.
R277-402-5. Timelines.
A. School districts/charter schools shall submit the plan
required under R277-402-3B(2) to the USOE.
B. Applications shall be available from the USOE for
funds under this rule.
C. School districts/charter schools shall provide an
evaluation of planning or preparation for the use of online
testing and an assessment of the actual online testing process as
directed by the USOE.
D. Schools that do not provide timely, complete and
accurate evaluations may not be considered for continued funding
under this rule.
KEY: online testing
Date of Enactment or Last Substantive Amendment: August 9,
2010
Notice of Continuation: July 16, 2009
Authorizing, and Implemented or Interpreted Law: Art X Sec
3; 53A-1-708(5); 53A-1-401(3)]
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2013/b20131001.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov.