H.B. 200

1

EARLY CHILDHOOD LEARNING AND
2 EVALUATION
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Bradley G. Last
6 Senate Sponsor: Darin G. Peterson
7
8 LONG TITLE
9 General Description:
10 This bill creates a pilot project using a home-based educational technology program to
11 develop school readiness skills of preschool children.
12 Highlighted Provisions:
13 This bill:
14 . establishes within the public education system a pilot project known as UPSTART
15 which uses a home-based educational technology program to develop school
16 readiness skills of preschool children;
17 . directs the State Board of Education to contract with:
18 . an educational technology provider, selected through a request for proposals
19 process, for the delivery of a home-based educational technology program to
20 develop school readiness skills of preschool children; and
21 . an independent evaluator to evaluate the home-based educational technology
22 program for preschool children;
23 . specifies standards for the home-based educational technology program for
24 preschool children;
25 . provides for school district participation in the pilot project;
26 . requires an annual audit of the contractor's use of funds appropriated for UPSTART
27 and an annual report on UPSTART to the Legislature; and

28 . repeals the pilot project on July 1, 2014.
29 Monies Appropriated in this Bill:
30 This bill appropriates:
31 . as an ongoing appropriation subject to future budget constraints, $9,600,000 from
32 the Uniform School Fund for fiscal year 2007-08 to the State Board of Education.
33 Other Special Clauses:
34 This bill provides an immediate effective date.
35 Utah Code Sections Affected:
36 AMENDS:
37 63-55b-153, as last amended by Laws of Utah 2007, Chapter 216
38 ENACTS:
39 53A-1a-1001, Utah Code Annotated 1953
40 53A-1a-1002, Utah Code Annotated 1953
41 53A-1a-1003, Utah Code Annotated 1953
42 53A-1a-1004, Utah Code Annotated 1953
43 53A-1a-1005, Utah Code Annotated 1953
44 53A-1a-1006, Utah Code Annotated 1953
45 53A-1a-1007, Utah Code Annotated 1953
46
47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 53A-1a-1001 is enacted to read:
49 Part 10. UPSTART
50 53A-1a-1001. Definitions.
51 As used in this part:
52 (1) "Contractor" means the educational technology provider selected by the State Board
53 of Education under Section 53A-1a-1002 .
54 (2) "Preschool children" means children who are:
55 (a) age four or five; and
56 (b) have not entered kindergarten.
57 (3) "UPSTART" means the pilot project established by Section 53A-1a-1002 that uses
58 a home-based educational technology program to develop school readiness skills of preschool

59 children.
60 Section 2. Section 53A-1a-1002 is enacted to read:
61 53A-1a-1002. Pilot project to develop school readiness skills of preschool children.
62 (1) UPSTART, a pilot project that uses a home-based educational technology program
63 to develop school readiness skills of preschool children, is established within the public
64 education system.
65 (2) UPSTART is created to:
66 (a) evaluate the effectiveness of giving preschool children access, at home, to
67 interactive individualized instruction delivered by computers and the Internet to prepare them
68 academically for success in school; and
69 (b) test the feasibility of scaling a home-based curriculum in reading, math, and science
70 delivered by computers and the Internet to all preschool children in Utah.
71 (3) The State Board of Education shall contract with an educational technology
72 provider, selected through a request for proposals process, for the delivery of a home-based
73 educational technology program for preschool children that meets the requirements of
74 Subsection (4).
75 (4) A home-based educational technology program for preschool children shall meet
76 the following standards:
77 (a) the contractor shall provide computer-assisted instruction for preschool children on
78 a home computer connected by the Internet to a centralized file storage facility;
79 (b) the contractor shall:
80 (i) provide technical support to families for the installation and operation of the
81 instructional software; and
82 (ii) provide for the installation of computer and Internet access in homes of families
83 that cannot afford the equipment and service, subject to the limitation in Section 53A-1a-1005 ;
84 (c) the contractor shall have the capability of doing the following through the Internet:
85 (i) communicating with parents;
86 (ii) updating the instructional software;
87 (iii) validating user access;
88 (iv) collecting usage data;
89 (v) storing research data; and

90 (vi) producing reports for parents, schools, and the Legislature;
91 (d) the program shall include the following components:
92 (i) computer-assisted, individualized instruction in reading, mathematics, and science;
93 (ii) a multisensory reading tutoring program; and
94 (iii) a validated computer adaptive reading test that does not require the presence of
95 trained adults to administer and is an accurate indicator of reading readiness of children who
96 cannot read;
97 (e) the contractor shall have the capability to quickly and efficiently modify, improve,
98 and support the product;
99 (f) the contractor shall work in cooperation with school district personnel who will
100 provide administrative and technical support of the program as provided in Section
101 53A-1a-1003 ; and
102 (g) the contractor shall solicit families to participate in the program as provided in
103 Section 53A-1a-1004 .
104 (5) The contract shall provide funding for a home-based educational technology
105 program for preschool children for one year with an option to extend the contract for additional
106 years or to expand the program to a greater number of preschool children, subject to the
107 appropriation of money by the Legislature for UPSTART.
108 Section 3. Section 53A-1a-1003 is enacted to read:
109 53A-1a-1003. School district participation in UPSTART.
110 (1) A school district may participate in UPSTART if the local school board agrees to
111 work in cooperation with the contractor to provide administrative and technical support for the
112 pilot project.
113 (2) Family participants in UPSTART shall be solicited from school districts that
114 participate in UPSTART.
115 (3) A school district that participates in UPSTART shall:
116 (a) receive funding for:
117 (i) paraprofessional and technical support staff; and
118 (ii) travel, materials, and meeting costs of the program;
119 (b) participate in program training by the contractor; and
120 (c) agree to adopt standardized policies and procedures in implementing the pilot

121 project.
122 Section 4. Section 53A-1a-1004 is enacted to read:
123 53A-1a-1004. Family participation in UPSTART.
124 (1) The contractor shall solicit families to participate in UPSTART through a public
125 information campaign and referrals from participating school districts.
126 (2) Preschool children who participate in UPSTART shall:
127 (a) be from families with diverse socioeconomic and ethnic backgrounds; and
128 (b) reside in different regions of the state in both urban and rural areas.
129 (3) A family that cannot afford a computer and Internet service to operate the
130 instructional software may obtain a computer and peripheral equipment on loan and receive
131 free Internet service for the duration of the family's participation in the pilot project, subject to
132 the limitation in Section 53A-1a-1005 .
133 (4) The contractor shall make the home-based educational technology program
134 available to families at an agreed upon cost if the number of families who would like to
135 participate in UPSTART exceeds the number of participants funded by the legislative
136 appropriation.
137 Section 5. Section 53A-1a-1005 is enacted to read:
138 53A-1a-1005. Equipment and service provided through the pilot project.
139 (1) No more than one-third of the families who participate in UPSTART may receive
140 computers, peripheral equipment, and Internet service from funds appropriated for UPSTART.
141 (2) The State Board of Education or a school district may purchase computers,
142 peripheral equipment, and Internet service for families who cannot afford them through
143 cooperative purchasing contracts administered by the state Division of Purchasing and General
144 Services.
145 Section 6. Section 53A-1a-1006 is enacted to read:
146 53A-1a-1006. Audit and evaluation.
147 (1) The state auditor shall:
148 (a) conduct an annual audit of the contractor's use of funds for UPSTART; or
149 (b) contract with an independent certified public accountant to conduct an annual audit.
150 (2) The State Board of Education shall:
151 (a) require by contract that the contractor will open its books and records relating to its

152 expenditure of funds pursuant to the contract to the state auditor or the state auditor's designee;
153 (b) reimburse the state auditor for the actual and necessary costs of the audit; and
154 (c) contract with an independent, qualified evaluator, selected through a request for
155 proposals process, to evaluate the home-based educational technology program for preschool
156 children.
157 Section 7. Section 53A-1a-1007 is enacted to read:
158 53A-1a-1007. Annual report.
159 (1) The State Board of Education shall make a report on UPSTART to the Education
160 Interim Committee by November 30 each year.
161 (2) The report shall address the extent to which UPSTART is accomplishing the
162 purposes for which it was established as specified in Section 53A-1a-1002 .
163 Section 8. Section 63-55b-153 is amended to read:
164 63-55b-153. Repeal dates -- Titles 53, 53A, and 53B.
165 (1) Section 53-3-210 is repealed February 1, 2007.
166 (2) Section 53A-1-403.5 is repealed July 1, 2012.
167 (3) Subsection 53A-1a-511 (7)(c) is repealed July 1, 2007.
168 (4) Tile 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2014.
169 [(4)] (5) Section 53A-3-702 is repealed July 1, 2008.
170 [(5)] (6) Section 53A-6-112 is repealed July 1, 2009.
171 [(6)] (7) Section 53A-17a-152 is repealed July 1, 2010.
172 Section 9. Appropriation.
173 As an ongoing appropriation subject to future budget constraints, there is appropriated
174 from the Uniform School Fund for fiscal year 2007-08, $9,600,000 to the State Board of
175 Education for UPSTART as provided in Title 53A, Chapter 1a, Part 10, UPSTART, including
176 costs of:
177 (1) a home-based educational technology program provided by a contractor;
178 (2) computers, peripheral equipment, and Internet service for families who cannot
179 afford the equipment and service;
180 (3) administrative and technical support provided by school districts;
181 (4) an audit of the contractor's use of funds appropriated for UPSTART; and
182 (5) an evaluation of the home-based educational technology program.

183 Section 10. Effective date.
184 If approved by two-thirds of all the members elected to each house, this bill takes effect
185 upon approval by the governor, or the day following the constitutional time limit of Utah
186 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
187 the date of veto override.




Legislative Review Note
as of 2-5-08 2:57 PM

Office of Legislative Research and General Counsel