ut-20261001-R277-633: R277-633. Dyslexia Screening Pilot Program

1. Agency Information

Title catchline: Education, Administration Building: Board of Education Street address: 250 E 500 S City, state: Salt Lake City, UT 84111 Mailing address: PO Box 144200 City, state and zip: Salt Lake City, UT 84114-4200

2. Contact Persons

Name: Phone: Email: Ben Rasmussen 801-538-7992 ben.rasmussen@schools.utah.gov Please address questions regarding information on this notice to the persons listed above. 108 UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 NOTICES OF PROPOSED RULES

A. Rule or section catchline:

R277-633. Dyslexia Screening Pilot Program

B. Purpose of the new rule or reason for the change:

This new rule is due to the passage of HB 393 during the 2026 General Session

C. Summary of the new rule or change:

This new rule implements the Dyslexia Screening Pilot Program by establishing application procedures, screening and reporting requirements, criteria for approving dyslexia screeners, and administrative requirements for participating Local Education Agencies (LEAs). 4. Legislative Action Information

B. If yes, any bill number and HB 393 (2026 General Session)

session: 5. Fiscal Information Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This proposed rule is not expected to have fiscal impact on state government revenues or expenditures. This new Rule R277-633 implements the Dyslexia Screening Pilot Program as required by the passage of HB 393 (2026). This rule requires the Superintendent to publish application forms, procure an intervention vendor, and establish a process for reviewing and approving dyslexia screeners. Because this rule strictly outlines the administrative procedures to implement the legislative mandate of HB 393 (2026) without generating new state-level programs beyond the statute, there are no incremental costs or savings associated with this rule.

B. Local governments:

This proposed rule is not expected to have fiscal impact on local governments' revenues or expenditures. This new rule establishes application procedures, screening intervals, and data reporting standards for district and charter schools participating in the pilot program. Participating schools must provide assurances that they will allocate local funds as required by Subsection 53F-5-226(4)(c), screen students using approved tools, and document intervention delivery. Because the administrative rule strictly establishes the framework for a legislatively created pilot program and provides a free screener option developed by Utah partner institutions, it does not mandate new, unbudgeted expenditures on all LEAs.

C. Small businesses ("small business" means a business employing 1-49 persons):

This proposed rule is not expected to have fiscal impact on small businesses' revenues or expenditures. This rule governs public school pilot programs, student screening protocols, and internal state reporting requirements. Because this rule does not regulate, mandate services from, or interact with small businesses, there are no incremental costs or savings. UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 109 NOTICES OF PROPOSED RULES

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

There are no non-small businesses in the industry in question, Elementary and Secondary Schools (North American Industry Classification System (NAICS) 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule change is not expected to have any fiscal impact on non-small businesses', revenues or expenditures because there are no applicable non-small businesses, and it does not require any expenditures of, or generate revenue for non-small businesses. E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency): This proposed rule is not expected to have fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities. The scope of this new rule is limited to the administrative requirements for the Dyslexia Screening Pilot Program within participating public schools. Because no individuals, partnerships, or non-governmental entities outside of the public education system are financially regulated or affected by the program's framework, there are no incremental costs or savings.

F. Compliance costs for affected persons:

There are no compliance costs for affected persons. This rule outlines application, screening, and reporting criteria for participating LEAs. Because these administrative requirements are borne entirely by the participating public schools and do not impose individual fees, fines, or out-of-pocket expenses on students or parents, there are no compliance costs for affected persons. 6. Regulatory Impact Summary Table Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable." Fiscal Cost FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Cost $0 $0 $0 $0 $0 Fiscal Benefits FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Benefits $0 $0 $0 $0 $0 Net Fiscal Benefits $0 $0 $0 $0 $0 7. Regulatory Impact Analysis Approval The State Superintendent of the Utah State Board of Education, Molly Hart, has reviewed and approved this regulatory impact analysis. 110 UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 NOTICES OF PROPOSED RULES 8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation: ☒

9. Citation Information Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement: Section 53E-3-401 Section 53F-5-226 11. Public Notice Information The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until: 11/02/2026

12. Effective Date Information This rule change MAY become effective on: 11/09/2026 (NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date) 13. Agency Authorization Information Agency head or Ben Rasmussen, Director of Policy Date: 09/15/2026 designee and title: R277. Education,Administration. R277-633. Dyslexia Screening Pilot Program. R277-633-1. Authority and Purpose. (1) This rule is authorized by: (a) Utah ConstitutionArticle X, Section 3, which vests general control and supervision over public education in the Board; (b) Section 53E-3-401, which authorizes the Board to make rules to execute the Board's duties and responsibilities under state law; and (c) Section 53F-5-226, which requires the Board to administer the Dyslexia Screening Pilot Program and make rules governing the program. (2) The purpose of this rule is to establish procedures and standards for: (a) applications to participate in the Dyslexia Screening Pilot Program; (b) selection of participating district and charter schools; (c) approval and accessibility of dyslexia screeners; (d) screening intervals and screening compliance; (e) intervention delivery and reporting; (f) data collection and annual reporting; and (g) program oversight consistent with Section 53F-5-226. R277-633-2. Definitions. (1) "Approved screener" means a dyslexia screener that the Board has approved under this rule and placed on the approved list described in Section 53F-5-226. (2) "Intervention school"meanstheruralelementary schoolandurbanelementaryschoolselected under Section53F-5-226toreceive dyslexia intervention. (3) "Participating school" means a district or charter school selected to participate in the Program. (4) "Program" means the Dyslexia Screening Pilot Program created in Section 53F-5-226. (5) "Rural Elementary School" means the same as that term is defined in Subection 53F-5-226(1)(c). (6) "Utah Partner Institutions" means the University of Utah Education Policy Center and the University of Utah College of Education. (7) "Urban Elementary School" means the same as that term is defined in Subection 53F-5-226(1)(e). R277-633-3. Application Process. (1) The Superintendent shall publish an application form and application deadline for participation in the Program. (2) An application shall include: (a) the school or schools for which participation is requested; (b) the applicant's proposed implementation plan; (c) the applicant's data collection and reporting capacity; (d) the applicant's assurances that it will use only Board-approved screeners for Program purposes; (e) the applicant's assurances that it will comply with screening, intervention, reporting, and accessibility requirements; and UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 111 NOTICES OF PROPOSED RULES (f) any other information reasonably necessary for the Board to administer the Program; and (g) the applicant's assurance that it will allocate local funds as required by Subsection 53F-5-226(4)(c). (3) As a condition of participation, a participating district or charter school shall comply with: (a) Section 53F-5-226; (b) this rule; and (c) program requirements established by the Superintendent consistent with Section 53F-5-226 and this rule. (4) The Board may consider, at a minimum, the following in selecting participating schools: (a) evidence of need; (b) readiness to implement the Program; (c) ability to collect and report required data; (d) capacity to implement the Program, including administration of the approved screener, intervention, reporting, and program evaluation; and (e) any other factor consistent with the purposes of the Program. (5) The Board may limit the number of participating schools based on available appropriations and the scope of the pilot. R277-633-4. Selection of Intervention Schools and Vendor. (1) From among the participating schools, the Board shall select: (a) one rural elementary school; and (b) one urban elementary school to receive dyslexia intervention under the Program. (2) The Superintendent shall procure an intervention vendor in accordance with Title 63G, Chapter 6a, Utah Procurement Code. (3) The Board may coordinate the intervention procurement and delivery with the Utah partner institutions. R277-633-5. Approved Dyslexia Screeners. (1) The Superintendent shall establish a process including submission procedures and timelines for reviewing dyslexia screeners submitted for approval under the Program. (2) A person requesting approval of a dyslexia screener shall submit the information required by the Superintendent to demonstrate that the screener satisfies the requirements of Section 53F-5-226 and this rule. (3) The Superintendent may request additional documentation necessary to complete the review. (4) In evaluating a dyslexia screener for approval, the Superintendent shall determine whether the screener: (a) demonstrates validity and reliability in identifying students who may be at risk for characteristics of dyslexia; (b) aligns with nationally recognized practices for dyslexia screening; (c) provides information that may be used to inform instructional decisions, intervention planning, progress monitoring, reporting, or referral for additional evaluation; (d) is appropriate for use with the grade levels identified in Section 53F-5-226; and (e) is reasonably available for use by participating district and charter schools. (5) The Superintendent may consult with literacy specialists, institutions of higher education, or other subject matter experts when reviewing a dyslexia screener. (6) Upon determining that a dyslexia screener satisfies the requirements of thisrule, the Superintendent shall recommend the screener for inclusion on the Board's approved list. (7) The Board shall maintain and publish on its website the approved list of dyslexia screeners required under Section 53F-5-226. (8) The Board may remove a dyslexia screener from the approved list if the Board determines that the screener no longer satisfies the approval criteria established in this rule. (9) Removal does not affect screenings completed before removal. R277-633-6. Screening Requirements. (1) Aparticipating district or charter school shall use an approved screener when screening a student for dyslexia under the Program. (2) Beginning July 1, 2027, a participating district or charter school shall screen a student who meets the criteria in Section 53F-5- 226 using an approved screener. (3) A participating district or charter school shall administer the dyslexia screener following the benchmark reading assessment administered in accordance with Rule R277-406-4 when a student meets the criteria described in Section 53F-5-226. (4) In addition to the screening described in Subsection (3), a participating district or charter school shall provide additional screening for a kindergarten or first grade student when teacher observation or parent concern indicates characteristics of dyslexia. (5) A participating district or charter school shall provide the parent of a participating student with timely information regarding dyslexia screening conducted under the Program, the results of the screening, and available interventions, consistent with Sections 53E-4-307 and 53F-5-226. (6) A participating district or charter school may use the free screener developed by the Utah partner institutions to satisfy the screening requirements of the Program. (7) Aparticipating district or charter school shall maintain records sufficient to document compliance with screening requirements. R277-633-7. Intervention Delivery and Reporting. (1) Aparticipating district or charter school shall document intervention delivery as required by the Board. 112 UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 NOTICES OF PROPOSED RULES (2) Documentation shall include, at a minimum: (a) the intervention provided; (b) the dosage of the intervention; (c) the duration of the intervention; (d) the student's response to the intervention; and (e) any updates to the student's IEP or 504Accommodation Plan, if applicable. (3) A participating district or charter school shall submit annual reports to the Board in the form and by the date established by the Board. (4) The Utah partner institutions shall provide annual reports, in the format prescribed by the Superintendent, to the Board regarding the creation and outcomes of the screener developed under Section 53F-5-226. R277-633-8. Data,Accessibility, and Privacy. (1) The Superintendent may establish the data elements required for annual reporting. (2) A participating district or charter school shall provide the data elements required by the Superintendent in the form and manner established by the Superintendent. (3) The Superintendent and participating schools shall make reasonable efforts to ensure that Program materials, screener access, and reporting tools are accessible to users with disabilities and compatible with assistive technology, as appropriate. (4) The Superintendent and participating schools shall handle student data in a manner consistent with applicable privacy and confidentiality requirements. KEY: dyslexia, screening, pilot programs, literacy Date of Last Change: 2026 Authorizing, and Implemented, or Interpreted Law: 53E-3-401; 53F-5-226 NOTICE OF SUBSTANTIVE CHANGE TYPE OF FILING: Amendment Filing ID: 58245