Second Substitute H.B. 150

Representative Val L. Peterson proposes the following substitute bill:

1 SCIENCE, TECHNOLOGY, ENGINEERING, AND
2 MATHEMATICS AMENDMENTS
3 2014 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Val L. Peterson
6 Senate Sponsor: Stephen H. Urquhart
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions relating to the Science, Technology, Engineering, and
11 Mathematics Action Center.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . adds members to the STEM Action Center Board;
16 . allows the STEM Action Center Board to create a foundation;
17 . specifies that the STEM Action Center shall support high quality professional
18 development for educators related to STEM education in kindergarten through
19 grade 12;
20 . allows the STEM Action Center to further STEM education with nontechnological
21 means;
22 . expands the scope of the STEM education related technology program to more
23 students;
24 . creates the STEM education endorsements and incentive program;
25 . requires the STEM Action Center to select technology providers to create a certain

26 professional development application;
27 . requires the STEM Action Center to create in-person STEM education high quality
28 professional development;
29 . creates the STEM education middle school applied science initiative; and
30 . creates the STEM education high school applied science initiative.
31 Money Appropriated in this Bill:
32 This bill appropriates in fiscal year 2015:
33 . to the Governor's Office of Economic Development - STEM Action Center, as an
34 ongoing appropriation:
35 . from the General Fund, $10,000,000; and
36 . to the Governor's Office of Economic Development - STEM Action Center, as a
37 one-time appropriation:
38 . from the General Fund, $13,500,000.
39 Other Special Clauses:
40 This bill provides an effective date.
41 Utah Code Sections Affected:
42 AMENDS:
43 63M-1-3201 , as enacted by Laws of Utah 2013, Chapter 336
44 63M-1-3202 , as enacted by Laws of Utah 2013, Chapter 336
45 63M-1-3203 , as enacted by Laws of Utah 2013, Chapter 336
46 63M-1-3204 , as enacted by Laws of Utah 2013, Chapter 336
47 63M-1-3205 , as enacted by Laws of Utah 2013, Chapter 336
48 63M-1-3207 , as enacted by Laws of Utah 2013, Chapter 336
49 ENACTS:
50 63M-1-3208 , Utah Code Annotated 1953
51 63M-1-3209 , Utah Code Annotated 1953
52 63M-1-3210 , Utah Code Annotated 1953
53 63M-1-3211 , Utah Code Annotated 1953
54
55 Be it enacted by the Legislature of the state of Utah:
56 Section 1. Section 63M-1-3201 is amended to read:

57 63M-1-3201. Definitions.
58 As used in this part:
59 (1) "Board" means the STEM Action Center Board created in Section 63M-1-3202 .
60 (2) "Educator" has the meaning defined in Section 53A-6-103 .
61 (3) "High quality professional development" means professional development that
62 meets high quality standards developed by the State Board of Education.
63 [(3)] (4) "Office" means the Governor's Office of Economic Development.
64 [(4)] (5) "Provider" means a provider, selected by staff of the board and staff of the
65 Utah State Board of Education, on behalf of the board:
66 (a) through a request for proposals process; or
67 (b) through a direct award or sole source procurement process for a pilot described in
68 Section 63M-1-3205 .
69 [(5)] (6) "STEM" means science, technology, engineering, and mathematics.
70 [(6)] (7) "STEM Action Center" means the center described in Section 63M-1-3204 .
71 Section 2. Section 63M-1-3202 is amended to read:
72 63M-1-3202. STEM Action Center Board creation -- Membership.
73 (1) There is created the STEM Action Center Board within the office, composed of the
74 following members:
75 (a) [five] six private sector members who represent business, appointed by the
76 governor;
77 (b) the state superintendent of public instruction or the state superintendent of public
78 instruction's designee;
79 (c) the commissioner of higher education or the commissioner of higher education's
80 designee;
81 (d) one member appointed by the governor;
82 (e) a member of the State Board of Education, chosen by the chair of the State Board of
83 Education;
84 (f) the executive director of the Governor's Office of Economic Development or the
85 executive director of the Governor's Office of Economic Development's designee; [and]
86 (g) the president of the Utah College of Applied Technology or the president of the
87 Utah College of Applied Technology's designee[.];

88 (h) one member who has a degree in engineering and experience working in a
89 government military installation, appointed by the governor;
90 (i) one member of the House of Representatives, appointed by the speaker of the House
91 of Representatives; and
92 (j) one member of the Senate, appointed by the president of the Senate.
93 (2) (a) The private sector members appointed by the governor in Subsection (1)(a) shall
94 represent a business or trade association whose primary focus is science, technology, or
95 engineering.
96 (b) Except as required by Subsection (2)(c), members appointed by the governor shall
97 be appointed to four-year terms.
98 (c) The length of terms of the members shall be staggered so that approximately half of
99 the committee is appointed every two years.
100 (d) The members may not serve more than two full consecutive terms except where the
101 governor determines that an additional term is in the best interest of the state.
102 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
103 appointed for the unexpired term.
104 (3) Attendance of a simple majority of the members constitutes a quorum for the
105 transaction of official committee business.
106 (4) Formal action by the committee requires a majority vote of a quorum.
107 (5) A member may not receive compensation or benefits for the member's service, but
108 may receive per diem and travel expenses in accordance with:
109 (a) Section 63A-3-106 ;
110 (b) Section 63A-3-107 ; and
111 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
112 63A-3-107 .
113 (6) The governor shall select the chair of the board to serve a one-year term.
114 (7) The executive director of the Governor's Office of Economic Development or the
115 executive director of the Governor's Office of Economic Development's designee shall serve as
116 the vice chair of the board.
117 [(8) The state science advisor described in Section 63M-1-606 and the office shall
118 provide staff support to the board.]

119 Section 3. Section 63M-1-3203 is amended to read:
120 63M-1-3203. STEM Action Center Board -- Duties.
121 (1) The board shall:
122 (a) establish a STEM Action Center program to:
123 (i) coordinate STEM activities in the state among the following stakeholders:
124 (A) the State Board of Education;
125 (B) school districts and charter schools;
126 (C) the State Board of Regents;
127 (D) institutions of higher education;
128 (E) parents of home-schooled students; and
129 (F) other state agencies;
130 (ii) align public education STEM activities with higher education STEM activities; and
131 (iii) create and coordinate best practices among public education and higher education;
132 (b) with the consent of the Senate, appoint an executive director to oversee the
133 administration of the STEM Action Center;
134 (c) select a physical location for the STEM Action Center;
135 (d) strategically engage industry and business entities to cooperate with the board:
136 (i) to support high quality professional development and provide other assistance for
137 educators and students; and
138 (ii) to provide private funding and support for the STEM Action Center;
139 (e) give direction to the STEM Action Center and the providers selected through a
140 request for proposals process pursuant to this part; and
141 (f) work to meet the following expectations:
142 (i) that at least 50 educators are implementing best practice learning tools in
143 classrooms per each product specialist or manager working with the STEM Action Center;
144 (ii) performance change in student achievement in each classroom working with a
145 STEM Action Center product specialist or manager; and
146 (iii) that students from at least 50 high schools participate in the STEM competitions,
147 fairs, and camps described in Subsection 63M-1-3204 (2)(d).
148 (2) The board may:
149 (a) enter into contracts for the purposes of this part;

150 (b) apply for, receive, and disburse funds, contributions, or grants from any source for
151 the purposes set forth in this part;
152 (c) employ, compensate, and prescribe the duties and powers of individuals necessary
153 to execute the duties and powers of the board;
154 (d) prescribe the duties and powers of the STEM Action Center providers; and
155 (e) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
156 make rules to administer this part.
157 (3) The board may establish a foundation to assist in:
158 (a) the development and implementation of the programs authorized under this part to
159 promote STEM education; and
160 (b) implementation of other STEM education objectives described in this part.
161 (4) A foundation established by the board under Subsection (3):
162 (a) may solicit and receive contributions from a private organization for STEM
163 education objectives described in this part;
164 (b) shall comply with Title 51, Chapter 7, State Money Management Act;
165 (c) does not have power or authority to incur contractual obligations or liabilities that
166 constitute a claim against public funds;
167 (d) may not exercise executive or administrative authority over the programs or other
168 activities described in this part, except to the extent specifically authorized by the board;
169 (e) shall provide the board with information detailing transactions and balances of
170 funds managed for the board; and
171 (f) may not:
172 (i) engage in lobbying activities;
173 (ii) attempt to influence legislation; or
174 (iii) participate in any campaign activity for or against:
175 (A) a political candidate; or
176 (B) an initiative, referendum, proposed constitutional amendment, bond, or any other
177 ballot proposition submitted to the voters.
178 (5) Money donated to a foundation established under Subsection (3) may be accounted
179 for in an expendable special revenue fund.
180 Section 4. Section 63M-1-3204 is amended to read:

181 63M-1-3204. STEM Action Center.
182 (1) As funding allows, the board shall:
183 (a) establish a STEM Action Center;
184 (b) ensure that the STEM Action Center:
185 (i) is accessible by the public; and
186 (ii) includes the components described in Subsection (2);
187 (c) work cooperatively with the State Board of Education to [acquire technology and
188 select schools]:
189 (i) further STEM education; and
190 (ii) ensure best practices are implemented as described in Sections 63M-1-3205 and
191 63M-1-3206 ; and
192 (d) engage private entities to provide financial support or employee time for STEM
193 activities in schools in addition to what is currently provided by private entities.
194 (2) As funding allows, the executive director of the STEM Action Center shall:
195 (a) support high quality professional development for educators regarding [education
196 related instructional technology that supports] STEM education;
197 (b) ensure that the STEM Action Center acts as a research and development center for
198 STEM education [related instructional technology acquired] through a request for proposals
199 process described in Section 63M-1-3205 ;
200 (c) review and acquire STEM education related [technology] materials and products
201 for:
202 (i) [educator] high quality professional development;
203 (ii) assessment, data collection, analysis, and reporting; and
204 (iii) public school instruction;
205 (d) facilitate participation in interscholastic STEM related competitions, fairs, [and]
206 camps, and STEM education activities;
207 (e) engage private industry in the development and maintenance of the STEM Action
208 Center and STEM Action Center projects;
209 (f) use resources to bring the latest STEM education learning tools into public
210 education classrooms;
211 (g) identify at least 10 best practice innovations used in Utah [schools] that have

212 resulted in at least 80% of students performing at grade level in STEM areas;
213 (h) identify best practices being used outside the state and, as appropriate, develop and
214 implement selected practices through a pilot program;
215 (i) identify:
216 (i) [three] learning tools for kindergarten through grade 6 identified as best practices;
217 and
218 (ii) [three] learning tools [per STEM subject] for grades 7 through 12 identified as best
219 practices;
220 (j) provide a Utah best practices database, including best practices from public
221 education, higher education, the Utah Education Network, and other STEM related entities;
222 (k) keep track of the following items related to the best practices database described in
223 Subsection (2)(j):
224 (i) how the best practices database is being used; and
225 (ii) how many individuals are using the database, including the demographics of the
226 users, if available;
227 (l) as appropriate, join and participate in a national STEM network;
228 (m) identify performance changes linked to use of the best practices database described
229 in Subsection (2)(j);
230 (n) work cooperatively with the State Board of Education to designate schools as
231 STEM schools, where the schools have agreed to adopt a plan of STEM implementation in
232 alignment with criteria set by the State Board of Education and the board;
233 (o) support best methods of high quality professional development[,] for STEM
234 education in kindergarten through grade 12, including methods of high quality professional
235 development that reduce cost and increase effectiveness, to help educators learn how to most
236 effectively implement best practice learning tools in classrooms;
237 (p) recognize a high school's achievement in the STEM competitions, fairs, and camps
238 described in Subsection (2)(d);
239 (q) send student results from STEM competitions, fairs, and camps described in
240 Subsection (2)(d) to media and ask the media to report on them;
241 (r) develop and distribute STEM [toolkits] information to parents of students being
242 served by the STEM Action Center;

243 (s) support targeted high quality professional development for improved instruction in
244 STEM [in grades 6, 7, and 8] education, including:
245 (i) improved instructional materials that are dynamic and engaging for students;
246 [(ii) targeted instruction for students who traditionally avoid enrolling in STEM
247 courses;]
248 [(iii) introduction of engaging engineering courses; and]
249 (ii) use of applied instruction; and
250 [(iv)] (iii) introduction of other research-based methods that support student
251 achievement in STEM areas; and
252 (t) ensure that an online college readiness assessment tool be accessible by:
253 (i) public education students; and
254 (ii) higher education students.
255 (3) The board may prescribe other duties for the STEM Action Center in addition to
256 the responsibilities described in this section.
257 (4) (a) The executive director shall track and compare the student performance of
258 students participating in a STEM Action Center program to all other similarly situated students
259 in the state, in the following STEM related activities, at the beginning and end of each year:
260 (i) public education high school graduation rates;
261 (ii) the number of students taking a remedial mathematics course at an institution of
262 higher education described in Section 53B-2-101 ;
263 (iii) the number of students who graduate from a Utah public school and begin a
264 postsecondary education program; and
265 (iv) the number of students, as compared to all similarly situated students, who are
266 performing at grade level in STEM classes.
267 (b) The State Board of Education and the State Board of Regents shall provide
268 information to the board to assist the board in complying with the requirements of Subsection
269 (4)(a) if allowed under federal law.
270 Section 5. Section 63M-1-3205 is amended to read:
271 63M-1-3205. Acquisition of STEM education related instructional technology
272 program -- Research and development of education related instructional technology
273 through a pilot program.

274 (1) For purposes of this section:
275 (a) "Pilot" means a pilot of the program.
276 (b) "Program" means the STEM education related instructional technology program
277 created in Subsection (2).
278 (2) (a) There is created the STEM education related instructional technology program
279 to provide public schools the STEM education related instructional technology described in
280 Subsection (3).
281 (b) On behalf of the board, the staff of the board and the staff of the State Board of
282 Education shall collaborate and may select one or more providers, through a request for
283 proposals process, to provide STEM education related instructional technology to school
284 districts and charter schools.
285 (c) On behalf of the board, the staff of the board and the staff of the State Board of
286 Education shall consider and may accept an offer from a provider in response to the request for
287 proposals described in Subsection (2)(b) even if the provider did not participate in a pilot
288 described in Subsection (5).
289 (3) The STEM education related instructional technology shall:
290 (a) support mathematics instruction for students in [grade 6, 7, or 8; or]:
291 (i) kindergarten though grade 6; or
292 (ii) grades 7 and 8; or
293 (b) support mathematics instruction for secondary students to prepare the secondary
294 students for college mathematics courses.
295 (4) In selecting a provider for STEM education related instructional technology to
296 support mathematics instruction for the students [in grade 6, 7, or 8 as] described in Subsection
297 (3)(a), the board shall consider the following criteria:
298 (a) the technology contains individualized instructional support for skills and
299 understanding of the core standards in mathematics;
300 (b) the technology is self-adapting to respond to the needs and progress of the learner;
301 and
302 (c) the technology provides opportunities for frequent, quick, and informal assessments
303 and includes an embedded progress monitoring tool and mechanisms for regular feedback to
304 students and teachers.

305 (5) Before issuing a request for proposals described in Subsection (2), on behalf of the
306 board, the staff of the board and the staff of the State Board of Education shall collaborate and
307 may:
308 (a) conduct a pilot of the program to test and select providers for the program;
309 (b) select at least two providers through a direct award or sole source procurement
310 process for the purpose of conducting the pilot; and
311 (c) select schools to participate in the pilot.
312 (6) (a) A contract with a provider for STEM education related instructional technology
313 may include professional development for full deployment of the STEM education related
314 instructional technology.
315 (b) No more than 10% of the money appropriated for the program may be used to
316 provide professional development related to STEM education related instructional technology
317 in addition to the professional development described in Subsection (6)(a).
318 Section 6. Section 63M-1-3207 is amended to read:
319 63M-1-3207. Report to Legislature and the State Board of Education.
320 (1) The board shall report the progress of the STEM Action Center, including the
321 information described in Subsection (2), to the following groups once each year:
322 (a) the Education Interim Committee;
323 (b) the Public Education Appropriations Subcommittee; and
324 (c) the State Board of Education.
325 (2) The report described in Subsection (1) shall include information that demonstrates
326 the effectiveness of the program, including:
327 (a) the number of educators receiving high quality professional development;
328 (b) the number of students receiving services from the STEM Action Center;
329 (c) a list of the providers selected pursuant to this part;
330 (d) a report on the STEM Action Center's fulfilment of its duties described in
331 Subsection 63M-1-3204 ; and
332 (e) student performance of students participating in a STEM Action Center program as
333 collected in Subsection 63M-1-3204 (4).
334 Section 7. Section 63M-1-3208 is enacted to read:
335 63M-1-3208. STEM education endorsements and incentive program.

336 The State Board of Education shall collaborate with the STEM Action Center to:
337 (1) develop STEM education endorsements; and
338 (2) create and implement financial incentives for:
339 (a) an educator to earn an elementary or secondary STEM education endorsement
340 described in Subsection (1); and
341 (b) a school district or a charter school to have STEM endorsed educators on staff.
342 Section 8. Section 63M-1-3209 is enacted to read:
343 63M-1-3209. Acquisition of STEM education high quality professional
344 development.
345 (1) The STEM Action Center shall, through a request for proposals process, select
346 technology providers for the purpose of providing a STEM education high quality professional
347 development application.
348 (2) The high quality professional development application described in Subsection (1)
349 shall:
350 (a) allow the State Board of Education, a school district, or a school to define the
351 application's input and track results of the high quality professional development;
352 (b) allow educators to access automatic tools, resources, and strategies;
353 (c) allow educators to work in online learning communities, including giving and
354 receiving feedback via uploaded video;
355 (d) track and report data on the usage of the components of the application's system
356 and the relationship to improvement in classroom instruction;
357 (e) include video examples of highly effective STEM education teaching that:
358 (i) cover a cross section of grade levels and subjects;
359 (ii) under the direction of the State Board of Education, include videos of highly
360 effective Utah STEM educators; and
361 (iii) contain tools to help educators implement what they have learned; and
362 (f) allow for additional STEM education video content to be added.
363 (3) In addition to the high quality professional development application described in
364 Subsections (1) and (2), the STEM Action Center may create STEM education hybrid or
365 blended high quality professional development that allows for face-to-face applied learning.
366 Section 9. Section 63M-1-3210 is enacted to read:

367 63M-1-3210. STEM education middle school applied science initiative.
368 (1) The STEM Action Center shall develop an applied science initiative for students in
369 grades 7 and 8 that includes:
370 (a) a STEM applied science curriculum with instructional materials;
371 (b) STEM hybrid or blended high quality professional development that allows for
372 face-to-face applied learning; and
373 (c) hands-on tools for STEM applied science learning.
374 (2) The STEM Action Center may, through a request for proposals process, select a
375 consultant to assist in developing the initiative described in Subsection (1).
376 Section 10. Section 63M-1-3211 is enacted to read:
377 63M-1-3211. High school STEM education initiative.
378 (1) Subject to legislative appropriations, after consulting with State Board of Education
379 staff, the STEM Action Center shall award grants to school districts and charter schools to fund
380 STEM related certification for high school students.
381 (2) (a) A school district or charter school may apply for a grant from the STEM Action
382 Center, through a competitive process, to fund the school district's or charter school's STEM
383 related certification training program.
384 (b) A school district's or charter school's STEM related certification training program
385 shall:
386 (i) prepare high school students to be job ready for available STEM related positions of
387 employment; and
388 (ii) when a student completes the program, result in the student gaining a nationally
389 industry-recognized employer STEM related certification.
390 (3) A school district or charter school may partner with one or more of the following to
391 provide a STEM related certification program:
392 (a) a Utah College of Applied Technology college campus;
393 (b) Salt Lake Community College;
394 (c) Snow College; or
395 (d) a private sector employer.
396 Section 11. Appropriation.
397 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for

398 the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following sums of money
399 are appropriated from resources not otherwise appropriated, or reduced from amounts
400 previously appropriated, out of the funds or accounts indicated. These sums of money are in
401 addition to any amounts previously appropriated for fiscal year 2015.
402 To Governor's Office of Economic Development - STEM Action Center
403 From General Fund

$10,000,000

404 From General Fund, one-time

$13,500,000

405 Schedule of Programs:
406 STEM Action Center $23,500,000
407 The Legislature intends that:
408 (1) up to $5,000,000 of the appropriation for the STEM Action Center program be used
409 for STEM education related instructional technology and related professional development to
410 support mathematics instruction as described in Subsection 63M-1-3205 (3)(a)(i) and Section
411 63M-1-3206 , and related assessment, data collection, analysis, and reporting;
412 (2) up to $5,000,000 of the appropriation for the STEM Action Center program be used
413 for developing the STEM education endorsements and related incentive program described in
414 Section 63M-1-3208 ;
415 (3) up to $5,000,000 of the appropriation for the STEM Action Center program be used
416 for providing a STEM education high quality professional development application as
417 described in Section 63M-1-3209 ;
418 (4) up to $3,500,000 of the appropriation for the STEM Action Center program be used
419 to fund the STEM education middle school applied science initiative described in Section
420 63M-1-3210 ;
421 (5) up to $5,000,000 of the appropriation for the STEM Action Center program be used
422 to fund the high school STEM education initiative described in Section 63M-1-3211 ;
423 (6) the appropriations described in Subsections (1), (4), and (5):
424 (a) are one-time; and
425 (b) not lapse at the close of fiscal year 2015; and
426 (7) the appropriations described in Subsections (2) and (3):
427 (a) are ongoing; and
428 (b) not lapse at the close of fiscal year 2015.

429 Section 12. Effective date.
430 (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
431 elected to each house, this bill takes effect upon approval by the governor, or the day following
432 the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
433 signature, or in the case of a veto, the date of veto override.
434 (2) Uncodified Section 11, Appropriation, takes effect on July 1, 2014.