H.B. 131
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7 LONG TITLE
8 General Description:
9 This bill creates the Public Education Modernization Act.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . creates the Initiative to modernize the delivery of public education in Utah advisory
14 committee;
15 . requires the State Board of Education to develop and implement an Initiative to
16 modernize the delivery of public education in Utah by:
17 . designing a master plan; and
18 . issuing requests for proposals for education consulting and education
19 technology providers;
20 . establishes requirements for the Initiative to modernize the delivery of public
21 education in Utah master plan and individual local education agency plans;
22 . establishes requirements for a local education agency to participate in a grant
23 program related to the Initiative to modernize the delivery of public education in
24 Utah;
25 . requires a local education agency that participates in the Initiative to modernize the
26 delivery of public education in Utah grant program to report annually to the State
27 Board of Education;
28 . requires a local education agency that constructs a school building after July 1,
29 2015, to meet certain technology infrastructure requirements; and
30 . repeals the Smart School Technology Program.
31 Money Appropriated in this Bill:
32 This bill appropriates in fiscal year 2015:
33 . to the Related to Basic School Program - Public Education Modernization Program,
34 as an ongoing appropriation:
35 . from the General Fund, $150,000,000; and
36 . to the Related to Basic School Program - Public Education Modernization Program,
37 as a one-time appropriation:
38 . from the Education Fund, $50,000,000.
39 Other Special Clauses:
40 This bill provides an effective date.
41 Utah Code Sections Affected:
42 AMENDS:
43 63M-1-906 , as last amended by Laws of Utah 2012, Chapter 208
44 ENACTS:
45 53A-1-1201 , Utah Code Annotated 1953
46 53A-1-1202 , Utah Code Annotated 1953
47 53A-1-1203 , Utah Code Annotated 1953
48 53A-1-1204 , Utah Code Annotated 1953
49 53A-1-1205 , Utah Code Annotated 1953
50 53A-1-1206 , Utah Code Annotated 1953
51 REPEALS:
52 53A-1-709 , as last amended by Laws of Utah 2013, Chapter 173
53 63M-1-909.5 , as last amended by Laws of Utah 2013, Chapter 173
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55 Be it enacted by the Legislature of the state of Utah:
56 Section 1. Section 53A-1-1201 is enacted to read:
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58 53A-1-1201. Title.
59 This part is known as the "Public Education Modernization Act."
60 Section 2. Section 53A-1-1202 is enacted to read:
61 53A-1-1202. Definitions.
62 As used in this part:
63 (1) "Advisory committee" means the Initiative to modernize the delivery of public
64 education in Utah advisory committee created in Subsection 53A-1-1203 (2)(a).
65 (2) "Board" means the State Board of Education.
66 (3) "Education consultant" includes an organization.
67 (4) "Educator" means an individual who holds or is required to hold a license under
68 Title 53A, Chapter 6, Educator Licensing and Professional Practices Act.
69 (5) "High quality professional development" means a comprehensive, sustained, and
70 intensive approach to improving teachers' and principals' effectiveness in raising student
71 achievement and improving the school outcomes described in Subsection 53A-1-1203 (5)(h)(i)
72 that meets the high quality professional development standards established by the board.
73 (6) "Initiative" means the Initiative to modernize the delivery of public education in
74 Utah described in this part.
75 (7) "LEA plan" means an LEA's plan to implement the initiative.
76 (8) "Local education agency" or "LEA" means a school district, a charter school, or the
77 Utah Schools for the Deaf and the Blind.
78 Section 3. Section 53A-1-1203 is enacted to read:
79 53A-1-1203. Initiative to modernize the delivery of public education in Utah --
80 Advisory committee -- Request for proposals for education consultant -- Master plan.
81 (1) (a) In accordance with this part, the board shall oversee the development and
82 implementation of an Initiative to modernize the delivery of public education in Utah for public
83 school students in kindergarten through grade 12.
84 (b) Through the initiative, the board and participating LEAs shall:
85 (i) modernize the LEA classroom environment statewide by using one-to-one mobile
86 device technology to fundamentally change the teaching and learning experience;
87 (ii) focus on preparing and empowering educators as those who will fully realize the
88 potential of the initiative;
89 (iii) improve student outcomes with respect to the core curriculum;
90 (iv) administer computer adaptive testing in accordance with Section 53A-1-603 ; and
91 (v) measure individual student growth.
92 (2) (a) There is created until June 30, 2015, the Initiative to modernize the delivery of
93 public education in Utah advisory committee to:
94 (i) assist the board with developing selection criteria for and selecting the education
95 consultant described in Subsection (3); and
96 (ii) give input and feedback on the development of the master plan described in
97 Subsection (4).
98 (b) The advisory committee shall be composed of:
99 (i) the following members appointed by the speaker of the House of Representatives
100 and the president of the Senate:
101 (A) one member who has extensive digital content experience;
102 (B) one member who is a current or former school district superintendent who has
103 extensive experience with leading a technology initiative;
104 (C) one member who is an assistant superintendent for curriculum and instruction and
105 has extensive experience with a technology initiative;
106 (D) one member who has extensive experience with mobile device infrastructure;
107 (E) one member who is a nationally recognized change leadership or change
108 management expert;
109 (F) one member who has extensive experience as a school business official; and
110 (G) one member who has extensive experience in independent program evaluation of
111 technology initiatives;
112 (ii) the executive director of UEN hired under Section 53B-17-102 ; and
113 (iii) the executive director of the STEM Action Center appointed under Section
114 63M-1-3203 .
115 (c) Board staff shall staff the advisory committee.
116 (3) On or before June 15, 2014, the board shall select, through a request for proposals
117 process, a single education consultant with integrated whole-school learning and teaching with
118 technology deployment experience.
119 (4) In consultation with the education consultant described in Subsection (3), the board
120 shall develop a master plan for the initiative.
121 (5) The master plan described in Subsection (4) shall include:
122 (a) a statement of purpose that describes the results the board will accomplish by
123 implementing the initiative;
124 (b) a determination of the infrastructure requirements for:
125 (i) a statewide network; and
126 (ii) local LEA networks;
127 (c) standards for educator high quality professional development related to
128 implementing and maintaining the initiative;
129 (d) a detailed definition of the type or types of personal mobile learning devices to be
130 used by LEAs and distributed to:
131 (i) educators; and
132 (ii) public school students in kindergarten through grade 12;
133 (e) a statewide technical support plan for:
134 (i) implementation of the initiative; and
135 (ii) maintenance of the initiative;
136 (f) a grant program for participating LEAs developed in accordance with Section
137 53A-1-1205 ;
138 (g) specifications for an LEA plan that include:
139 (i) format and submission requirements;
140 (ii) a statement of purpose that describes the measurable outcomes the LEA will
141 accomplish by implementing the initiative;
142 (iii) other LEA plan requirements, including the requirements described in Subsection
143 53A-1-1204 (5);
144 (iv) a schedule that coordinates grant program requirements with the requirements
145 described in Subsection (5)(g)(iii); and
146 (v) a disclosure by the LEA of the LEA's current technology expenditures;
147 (h) an ongoing evaluation process that is monitored by the board, performed by an
148 independent contractor under contract with the board, and based on:
149 (i) school level outcomes, including, as appropriate:
150 (A) student achievement on statewide tests;
151 (B) rate of student learning;
152 (C) attendance;
153 (D) discipline incidents;
154 (E) parental involvement;
155 (F) community involvement;
156 (G) graduation rates;
157 (H) student enrollment in higher education;
158 (I) dropout rates;
159 (J) student technology proficiency for college and career readiness;
160 (K) teacher satisfaction and engagement; and
161 (L) cost savings and improved efficiency relating to instructional materials, facilities,
162 or maintenance; and
163 (ii) technology system functionality;
164 (i) metrics of improved growth in the rate of student learning that will serve as a
165 benchmark for LEA initiative implementation outcomes; and
166 (j) a plan to ensure long term sustainability that:
167 (i) accounts for the financial impacts of the initiative; and
168 (ii) facilitates the repurposing of all LEA savings that arise from implementing the
169 initiative.
170 Section 4. Section 53A-1-1204 is enacted to read:
171 53A-1-1204. Request for proposals for education technology providers --
172 Preparation of local education agency plans.
173 (1) In consultation with the education consultant described in Section 53A-1-1203 , the
174 board shall, through a request for proposals process, select three or more education technology
175 providers.
176 (2) An education technology provider that responds to the request for proposals
177 described in Subsection (1) shall submit a proposed generic LEA plan that ensures a reliable,
178 scalable, and effective implementation of the initiative across a wide range of students and
179 LEAs.
180 (3) In evaluating a proposal submitted under Subsection (1), the board's evaluation
181 criteria shall weigh heavily the education technology provider's ability to prepare and
182 customize an LEA plan.
183 (4) To participate in the grant program described in Section 53A-1-1205 , an LEA shall
184 select one of the education technology providers chosen by the board under Subsection (1) to
185 work with the LEA to prepare and implement a customized LEA plan.
186 (5) An LEA plan created by the LEA in collaboration with an education technology
187 provider under Subsection (4) shall describe:
188 (a) design criteria that enables the LEA to achieve improved outcomes;
189 (b) each task and its related dependencies required for a successful, scalable
190 implementation of the initiative that yields significantly positive results;
191 (c) an organizational development process structured to yield the desired outcomes;
192 (d) infrastructure acquisition;
193 (e) high quality, digital instructional materials aligned with board standards;
194 (f) educator high quality professional development that includes superintendent and
195 principal development;
196 (g) procurement and distribution of:
197 (i) devices;
198 (ii) digital content;
199 (iii) software; and
200 (iv) support service;
201 (h) technical support for implementation and maintenance of the initiative that:
202 (i) provides for significant uptime of the entire technology environment, including
203 devices, printers, and Internet access; and
204 (ii) removes technical support burdens from the classroom teacher;
205 (i) security policies, including security audits and remediation of identified lapses;
206 (j) how the LEA will address the needs of students affected by intergenerational
207 poverty, as defined in Section 35A-9-102 , in implementing the initiative;
208 (k) how the LEA will put the cost savings and increased efficiency gained by
209 implementing the initiative toward maintaining the initiative;
210 (l) a detailed plan for student engagement in personalized learning;
211 (m) ongoing periodic coaching of the superintendent, school principals, and teachers;
212 and
213 (n) other criteria required by the master plan developed under Section 53A-1-1203 .
214 (6) An LEA may subject an LEA plan to a peer review.
215 Section 5. Section 53A-1-1205 is enacted to read:
216 53A-1-1205. Grant program -- Board approval of local education agency plans.
217 (1) In consultation with the education consultant described in Section 53A-1-1203 , the
218 board shall develop a grant program in accordance with this section to assist an LEA to
219 implement the initiative.
220 (2) To be eligible for a grant payment, an LEA:
221 (a) shall comply with the master plan;
222 (b) shall, before receiving a grant payment, complete each master plan component
223 conditioned on receiving the grant payment;
224 (c) may not supplant funds previously used for the LEA's current technology program
225 to fund nontechnology programs;
226 (d) shall have an LEA plan approved by the board in accordance with Subsection (3);
227 and
228 (e) shall consistently meet defined LEA plan goals.
229 (3) (a) An LEA that applies to the board for a grant to implement the initiative shall, as
230 part of the application, submit an LEA plan to the board for approval.
231 (b) The board shall work with the education consultant to review and approve each
232 submitted LEA plan.
233 (c) The board may not approve an LEA plan unless the LEA plan meets:
234 (i) the requirements described in Subsection 53A-1-1204 (5); and
235 (ii) the applicable standards, criteria, and timelines established in the master plan.
236 (4) The board shall award grants on the basis of available funding, giving priority to
237 LEA plans that are timely, well developed, and board approved.
238 (5) (a) An LEA that is currently participating in the grant program shall prepare and
239 submit to the board an annual progress report that:
240 (i) gives a detailed summary of the LEA's LEA plan; and
241 (ii) describes the effect of the LEA plan in addressing the outcomes described in
242 Subsections 53A-1-1203 (5)(g)(ii) and (h)(i).
243 (b) The progress report described in Subsection (5)(a) is due by August 1 of each year.
244 Section 6. Section 53A-1-1206 is enacted to read:
245 53A-1-1206. Initiative compliance for construction of new schools.
246 An LEA shall ensure that a school building constructed by the LEA on or after July 1,
247 2015, meets the infrastructure requirements for the initiative as established by the board in
248 accordance with Section 53A-1-1203 .
249 Section 7. Section 63M-1-906 is amended to read:
250 63M-1-906. Qualification for assistance.
251 (1) Except as provided in Section 63M-1-908 [
252 administrator shall determine which industries, companies, and individuals qualify to receive
253 money from the Industrial Assistance Account. Except as provided by Subsection (2), to
254 qualify for financial assistance from the restricted account, an applicant shall:
255 (a) demonstrate to the satisfaction of the administrator that the applicant will expend
256 funds in Utah with employees, vendors, subcontractors, or other businesses in an amount
257 proportional with money provided from the restricted account at a minimum ratio of 2 to 1 per
258 year or other more stringent requirements as established from time to time by the board for a
259 minimum period of five years beginning with the date the loan or grant was approved;
260 (b) demonstrate to the satisfaction of the administrator the applicant's ability to sustain
261 economic activity in the state sufficient to repay, by means of cash or appropriate credits, the
262 loan provided by the restricted account; and
263 (c) satisfy other criteria the administrator considers appropriate.
264 (2) (a) The administrator may exempt an applicant from the requirements of Subsection
265 (1)(a) or (b) if:
266 (i) the financial assistance is provided to an applicant for the purpose of locating all or
267 any portion of its operations to an economically disadvantaged rural area;
268 (ii) the applicant is part of a targeted industry;
269 (iii) the applicant is a quasi-public corporation organized under Title 16, Chapter 6a,
270 Utah Revised Nonprofit Corporation Act, or Title 63E, Chapter 2, Independent Corporations
271 Act, and its operations, as demonstrated to the satisfaction of the administrator, will provide
272 significant economic stimulus to the growth of commerce and industry in the state; or
273 (iv) the applicant is an entity offering an economic opportunity under Section
274 63M-1-909 .
275 (b) The administrator may not exempt the applicant from the requirement under
276 Subsection 63M-1-905 (2)(b) that the loan be structured so that the repayment or return to the
277 state equals at least the amount of the assistance together with an annual interest charge.
278 (3) The administrator shall:
279 (a) for applicants not described in Subsection (2)(a):
280 (i) make findings as to whether or not each applicant has satisfied each of the
281 conditions set forth in Subsection (1); and
282 (ii) monitor the continued compliance by each applicant with each of the conditions set
283 forth in Subsection (1) for five years;
284 (b) for applicants described in Subsection (2)(a), make findings as to whether the
285 economic activities of each applicant has resulted in the creation of new jobs on a per capita
286 basis in the economically disadvantaged rural area or targeted industry in which the applicant is
287 located;
288 (c) monitor the compliance by each applicant with the provisions of any contract or
289 agreement entered into between the applicant and the state as provided in Section 63M-1-907 ;
290 and
291 (d) make funding decisions based upon appropriate findings and compliance.
292 Section 8. Repealer.
293 This bill repeals:
294 Section 53A-1-709 , Smart School Technology Program.
295 Section 63M-1-909.5 , Selection of educational technology provider to implement
296 whole-school one-to-one mobile device technology deployment plan for schools.
297 Section 9. Appropriation.
298 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
299 the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following sums of money
300 are appropriated from resources not otherwise appropriated, or reduced from amounts
301 previously appropriated, out of the funds or accounts indicated. These sums of money are in
302 addition to any amounts previously appropriated for fiscal year 2015.
303 To Related to Basic School Program
304 From General Fund
$150,000,000
305 From Education Fund, one-time
$50,000,000
306 Schedule of Programs:
307 Public Education Modernization Program $200,000,000
308 Under Section 63J-1-603 , the Legislature intends that the appropriation for the Public
309 Education Modernization Act is:
310 (1) to be used as provided in Section 53A-1-1203 ; and
311 (2) nonlapsing.
312 Section 10. Effective date.
313 (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
314 elected to each house, this bill takes effect upon approval by the governor, or the day following
315 the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
316 signature, or in the case of a veto, the date of veto override.
317 (2) Uncodified Section 9, Appropriation, takes effect on July 1, 2014.
Legislative Review Note
as of 2-13-14 8:59 AM