S.B. 188

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 18, 2008 at 4:12 PM by rday. --> 1

PILOT PROGRAM FOR SUMMER SCHOOL AND
2 AFTER SCHOOL PROGRAMS FOR CHILDREN
3 WITH A DISABILITY
4 2008 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Gregory S. Bell
7 House Sponsor: Ronda Rudd Menlove
8
9 LONG TITLE
10 General Description:
11 This bill establishes a pilot program within the Services for People with Disabilities
12 chapter of the Utah Human Services Code, to increase the provision of summer school
13 and after school programs for children with a disability.
14 Highlighted Provisions:
15 This bill:
16 . establishes a pilot program, beginning on July 1, 2008, and ending on July 1, 2009,
17 to increase the provision of summer school and after school programs for eligible
18 children with a disability, outside of the prioritization criteria established by the
19 division for the provision of other services;
20 . describes the pilot program established by this bill, including the purpose and scope
21 of the pilot program;
22 . grants rulemaking authority to the division;
23 . describes a person or entity who is eligible to receive services or assistance under
24 this section;
25 . provides that the division shall establish criteria to determine the order of priority
26 for receiving services under this bill;
27 . provides that the services provided under the pilot program described in this bill do

Text Box
- 2 - 28 not constitute an entitlement and shall be provided and funded separately from the Medicaid
29 program; and
30 . provides that the pilot program described in this bill is repealed on July 1, 2009.
31 Monies Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 AMENDS:
37 63-55b-159, as last amended by Laws of Utah 2007, Chapter 306
38 ENACTS:
39 62A-5-103.3, Utah Code Annotated 1953
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 62A-5-103.3 is enacted to read:
43 62A-5-103.3. Pilot program for summer school and after school programs.
44 (1) There is established a pilot program for the provision of summer and after school
45 programs for children with a disability, beginning on July 1, 2008, and ending on July 1, 2009.
46 (2) The purpose of the pilot program described in this section is to facilitate an increase
47 in the provision of summer school and after school services to children with a disability who
48 have applied for, but are not yet receiving, ongoing services from the division.
49 (3) (a) The division shall make rules, in accordance with Title 63, Chapter 46a, Utah
50 Administrative Rulemaking Act, as necessary for the implementation and administration of this
51 section.
52 (b) The division may specify the basic requirements for a summer school or after
53 school program that receives assistance under this pilot program.
54 (c) The division shall provide assistance under this pilot program to nonprofit entities,
55 selected by the division, that commit to continue the summer school and after school programs
56 to children described in Subsection (2):
57 (i) after the pilot program ends;
58 (ii) at no cost to the division; and

Text Box
- 3 - 59 (iii) on a sliding fee schedule, based on the income of the parents or guardians of a
60 child.
61 (4) In accordance with Subsection (5), within funds appropriated by the Legislature for
62 the pilot program described in this section, the division:
63 (a) may operate the pilot program in the Wasatch Front and up to two rural areas
64 designated by the division;
65 (b) shall, in accordance with Subsection (7), provide, or contract for, onsite training of
66 employees at a facility owned by a nonprofit entity, selected by the division, that desires to
67 develop summer school or after school programs for children with disabilities; and
68 (c) shall provide funds to partially or fully subsidize the expenses of children that the
69 division selects to participate in the pilot program, based on a sliding fee schedule, based on the
70 income of the parents or guardians of a child.
71 (5) Within funds appropriated by the Legislature for the pilot program described in this
72 section, the division shall select children to participate in the pilot program from among
73 children who:
74 (a) are school-age minors, as defined in Section 53A-11-101 ;
75 (b) are eligible to receive services from the division;
76 (c) have applied for, and whose parents or guardians are willing to have their child
77 receive, services from the division;
78 (d) are not receiving other ongoing services from the division;
79 (e) are not able to receive sufficient summer school or after school program services
80 from other sources;
81 (f) are determined by the division to be children who would substantially benefit from
82 the provision of summer school or after school program services; and
83 (g) do not require the provision of other ongoing services from the division in order to
84 substantially benefit from the provision of summer school or after school program services.
85 (6) (a) The division shall provide summer school or after school program services
86 under this section outside of the prioritization criteria established by the division for the receipt
87 of other services from the division.
88 (b) The division shall establish criteria to determine the priority, between persons
89 eligible for services under this section, for receiving services under this section.

Text Box
- 4 -

Senate 2nd Reading Amendments 2-18-2008 rd/trv 90

(7) The training described in Subsection (4)(b) shall focus on disability specific
91 medical and behavioral training.
92 S. [ (8) During the term of the pilot program, the division shall provide oversight of
93 summer school or after school programs that receive assistance under the pilot program. ] (8) A
93a summer school or after school program that receives assistance under the pilot program shall:
93b (a) provide the division with the information necessary for the division to:
93c (i) account for the use of division funds; and
93d (ii) monitor the fiscal and operational functioning of the pilot program; and
93e (b) cooperate with the divison to gather outcome data relating to participants in the pilot
93f program. .S
94 (9) It is the intent of the Legislature that the services provided under the pilot program
95 described in this section:
96 (a) shall be provided separately from the Medicaid program described in Title XIX of
97 the Social Security Act;
98 (b) may not be supported with Medicaid funds;
99 (c) may not be provided as part of a Medicaid waiver;
100 (d) do not constitute an entitlement of any kind; and
101 (e) may be withdrawn from a person at any time.
102 Section 2. Section 63-55b-159 is amended to read:
103 63-55b-159. Repeal dates -- Title 59 through Title 62A.
104 Section 62A-5-103.3 is repealed on July 1, 2009.

Legislative Review Note
as of 1-30-08 12:18 PM

Office of Legislative Research and General Counsel