Revisions to USBE Rule R277-404

Revisions to USBE rule R277-404 allows parents to opt their student in to using a state test such as SAGE as part of a class grade. However, this rule does not ignore the Utah Code 53E-4-303. Both Utah Code 53E-4-303 and Board Rule R277-404 restrict the use of state test scores in determining a student’s academic grade; determining student advancement or placement in next year’s courses; reward or punish a student; allow a statewide assessment to have a negative impact on the student’s academic grade; or penalize a student for a parental exclusion. So what does this mean? A teacher could have the following information in their disclosure statement.

Course Requirements

• Participation
• Quizzes
• Homework
• Project
• Tests

Students may fulfill the (enter course requirement) requirement for this course by demonstrating proficiency on the statewide assessment associated with this course. Proficiency is defined as a score of 3 or higher (if they obtain a 3 or higher they would receive 100% of the value of the (enter course requirement) course requirement). If you would like your student to utilize this accommodation, please check this box before signing and returning this course disclosure statement. Please note that if your student receives a score lower than 3 on his/her end of course statewide assessment, the score they earned on the (enter course requirement) requirement will be used in determining proficiency for the course.

The amendment to R277-404 says the LEA shall reasonably accommodate a parent’s request to allow demonstrated proficiency on a statewide assessment to fulfill a course requirement and 53G-6-803 states that parents have the right to reasonable academic accommodations. If you don’t articulate what the reasonable accommodation is for your course the teacher will need to determine what would be reasonable on a case by case basis, as requested by parents.

The result of the statewide assessment can only be used if it benefits the student. If the student does not acquire the needed score on the statewide test, then the student would rely upon completing the course requirement for the grade.