First Substitute H.B. 107

This document includes House Floor Amendments incorporated into the bill on Mon, Feb 20, 2006 at 4:30 PM by chopkin. -->

Representative Kory M. Holdaway proposes the following substitute bill:

1 FULL-DAY KINDERGARTEN
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kory M. Holdaway
5 Senate Sponsor: Beverly Ann Evans
6 Cosponsors:
7 Ralph Becker
8 Duane E. Bourdeaux
9 DeMar Bud Bowman
10 Tim M. Cosgrove
11 Carl W. Duckworth
12 James R. Gowans
13 Neil A. HansenDavid L. Hogue
Fred R. Hunsaker
Bradley T. Johnson
Patricia W. Jones
Brad King
David Litvack
Steven R. Mascaro
Rosalind J. McGeeRonda Rudd Menlove
Karen W. Morgan
Carol Spackman Moss
Paul Ray
Ross I. Romero
LaWanna Lou Shurtliff
Mark A. Wheatley
Larry B. Wiley 14
15 LONG TITLE
16 General Description:
17 This bill establishes a voluntary full-day kindergarten program, with certain funding
18 priorities.
19 Highlighted Provisions:
20 This bill:
21 . establishes a program, administered by the State Board of Education, through which
22 school districts and charter schools may provide voluntary full-day kindergarten;
23 . establishes program requirements and funding priorities;
24 . requires districts to report certain information on the program's outcomes to the
25 State Board of Education; and
26 . requires the Superintendent of Public Instruction to report to the Education Interim
27 Committee on the program.

28 Monies Appropriated in this Bill:
29 This bill appropriates as an ongoing appropriation subject to future budget constraints,
30 $7,000,000 from the Uniform School Fund for fiscal year 2006-07 to the State Board of
31 Education.
32 Other Special Clauses:
33 This bill takes effect on July 1, 2006.
34 Utah Code Sections Affected:
35 ENACTS:
36 53A-1a-801, Utah Code Annotated 1953
37 53A-1a-802, Utah Code Annotated 1953
38 53A-1a-803, Utah Code Annotated 1953
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 53A-1a-801 is enacted to read:
42 Part 8. Voluntary Full-day Kindergarten Program
43 53A-1a-801. Definitions.
44 As used in this part:
45 (1) "Full-day kindergarten" means a kindergarten program that provides at least the
46 same number of instructional hours per school year as first grade, as established under State
47 Board of Education rule.
48 (2) "Part-day kindergarten" means a kindergarten program that provides fewer
49 instructional hours than first grade, as established under State Board of Education rule.
50 Section 2. Section 53A-1a-802 is enacted to read:
51 53A-1a-802. Voluntary full-day kindergarten program.
52 (1) If funds are appropriated for this purpose, the State Board of Education shall
53 allocate available funds, consistent with Section 53A-1a-803 , to charter schools and school
54 districts that apply to offer full-day kindergarten.
55 (2) A school district shall coordinate program application, funding, administration, and
56 reporting for its schools that participate in the program.
57 (3) A charter school or school district:
58 (a) may not require a student to participate in full-day kindergarten; H. [ and ] .H

59 (b) shall continue to offer part-day kindergarten for students not participating in the
60 program H. [ . ] ; and
60a (c) shall continue to honor the provisions of any preexisting contractual agreement
60b related to other early intervention programs offered at the school site, through the remaining
60c term of the contract. .H
61 (4) A charter school or school district that receives funds under this part shall:
62 (a) annually conduct a kindergarten readiness assessment for incoming kindergarten
63 students prior to the beginning of the school year;
64 (b) ensure that:
65 (i) H. [ at least 85% ] a majority .H of students enrolled in a full-day kindergarten
65a class under this part are
66 students who have the greatest need for additional instruction, as determined by the
67 kindergarten readiness assessment; and
68 (ii) a full-day kindergarten class does not have more enrolled students than other
69 kindergarten classes in the school;
70 (c) utilize allocated funds to establish full-day kindergarten in the schools with greatest
71 need as measured by the percentage of students eligible for free lunch; and
72 (d) annually report to the State Board of Education regarding:
73 (i) the number of students served;
74 (ii) the specific results achieved by the program, including any standardized testing or
75 district-directed assessment; and
76 (iii) challenges encountered in administering the program and suggestions for
77 improvement.
78 (5) Until 2011, the Superintendent of Public Instruction shall annually report to the
79 Education Interim Committee on the program, including a summary of information reported
80 under Subsection (4)(d).
81 (6) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
82 and consistent with this part, the State Board of Education shall make rules establishing
83 application and reporting procedures necessary to administer this part.
84 Section 3. Section 53A-1a-803 is enacted to read:
85 53A-1a-803. Voluntary full-day kindergarten program funding.
86 (1) If funds are appropriated for this purpose, the State Board of Education shall
87 allocate funds to charter schools and school districts.
88 (2) For charter schools, the State Board of Education shall:
89 (a) determine the total allocation for charter schools by:

90 (i) dividing the number of charter school students eligible to receive free lunch by the
91 total number of students in the public education system eligible to receive free lunch in the
92 prior school year; and
93 (ii) multiplying the resulting percentage by the total amount of available funds; and
94 (b) allocate the resulting amount of funds to individual charter schools with the greatest
95 need for full-day kindergarten, as determined by the State Board of Education in consultation
96 with the State Charter School Board.
97 (3) For school districts, the State Board of Education shall:
98 (a) determine the total allocation for school districts by subtracting the charter school
99 amount calculated under Subsection (2)(a) from the total amount of available funds; and
100 (b) allocate the resulting amount to applicant school districts by:
101 (i) allocating to each school district the amount calculated by:
102 (A) multiplying the value of the weighted pupil unit under Subsection 53A-17a-103 (1)
103 by 0.45; and
104 (B) multiplying the result by 20; and
105 (ii) allocating any remaining funds after the allocation under Subsection (3)(b)(i) by:
106 (A) determining the number of students eligible to receive free lunch in the prior
107 school year for each school district; and
108 (B) prorating the remaining funds based on the number of students eligible to receive
109 free lunch in each district.
110 Section 4. Appropriation.
111 As an ongoing appropriation subject to future budget constraints, there is appropriated
112 from the Uniform School Fund for fiscal year 2006-07, $7,000,000 to the State Board of
113 Education, for allocation to school districts and charter schools pursuant to Section
114 53A-1a-803 .
115 Section 5. Effective date.
116 This bill takes effect on July 1, 2006.