First Substitute H.B. 513

Senator Howard A. Stephenson proposes the following substitute bill:

1 EARLY INTERVENTION PROGRAM
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Merlynn T. Newbold
5 Senate Sponsor: Howard A. Stephenson
6
7 LONG TITLE
8 General Description:
9 This bill creates an early intervention program in Title 53A, State System of Public
10 Education.
11 Highlighted Provisions:
12 This bill:
13 . creates an early intervention program, targeted to at-risk students, delivered through
14 a voluntary enhanced kindergarten program at school districts and charter schools
15 that choose to offer the program;
16 . establishes guidelines for the State Board of Education to distribute early
17 intervention funds, based on at-risk indicators;
18 . requires the State Board of Education to select one or more technology providers,
19 through a request for proposals process, to provide interactive computer software
20 for literacy or numeracy instruction, or both, and assessments for students in
21 kindergarten and grade 1;
22 . requires the State Board of Education to report final testing data regarding an
23 interactive computer software program, including student learning gains, to the
24 Education Interim Committee and the governor.
25 Money Appropriated in this Bill:

26 This bill appropriates:
27 . to Related to Basic, as a one-time appropriation:
28 . from the Education Fund, $7,500,000; and
29 . to the State Board of Education - State Office of Education - Initiative Programs, as
30 a one-time appropriation:
31 . from the Education Fund, $2,500,000.
32 Other Special Clauses:
33 This bill provides an effective date.
34 Utah Code Sections Affected:
35 ENACTS:
36 53A-17a-167, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 53A-17a-167 is enacted to read:
40 53A-17a-167. Early Intervention Program.
41 (1) The State Board of Education shall distribute funds appropriated under this section,
42 consistent with guidelines in this section, to school districts and charter schools that apply for
43 the funds.
44 (2) A school district or charter school shall use funds appropriated in this section to
45 offer an early intervention program, delivered through an enhanced kindergarten program that:
46 (a) is an academic program focused on building age-appropriate literacy and numeracy
47 skills;
48 (b) uses an evidence-based early intervention model;
49 (c) is targeted to at-risk students; and
50 (d) is delivered through additional hours or other means.
51 (3) A school district or charter school may not require a student to participate in an
52 enhanced kindergarten program described in Subsection (2).
53 (4) The State Board of Education shall distribute funds appropriated under this section
54 to school districts and charter schools based on the number of kindergarten students eligible to
55 receive free or reduced price school lunch in each school district or charter school that applies
56 for funding under Subsection (1).

57 (5) In addition to an enhanced kindergarten program described in Subsection (2), the
58 early intervention program includes a component to address early intervention through the use
59 of an interactive computer software program.
60 (6) The State Board of Education shall select one or more technology providers,
61 through a request for proposals process, to provide an interactive computer software program
62 for literacy or numeracy instruction, or both, and assessments for students in kindergarten and
63 grade 1.
64 (7) On or before November 1, 2013, and every year thereafter, the State Board of
65 Education shall report final testing data regarding an interactive computer software program
66 described in Subsection (6), including student learning gains as a result of the interactive
67 computer software program, to:
68 (a) the Education Interim Committee; and
69 (b) the governor.
70 Section 2. Appropriation.
71 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
72 following sums of money are appropriated from resources not otherwise appropriated, or
73 reduced from amounts previously appropriated, out of the funds or accounts indicated for the
74 fiscal year beginning July 1, 2012 and ending June 30, 2013. These are additions to any
75 amounts previously appropriated for fiscal year 2013.
76 To Related to Basic
77 From Education Fund, one-time

$7,500,000

78 Schedule of Programs:
79 Early Intervention Program $7,500,000
80 To the State Board of Education - Utah State Office of Education - Initiative Programs
81 From the Education Fund, one-time

$2,500,000

82 Schedule of Programs:
83 Contracts and Grants $2,500,000
84 The Legislature intends that:
85 (1) the $7,500,000 appropriation for the Early Intervention Program be used to carry
86 out the requirements of Subsection 53A-17a-167 (2);
87 (2) the $2,500,000 appropriation for Contracts and Grants shall be used by the State

88 Board of Education to carry out the requirements of Subsection 53A-17a-167 (6); and
89 (3) the appropriations under this section:
90 (a) be one-time; and
91 (b) not lapse at the close of fiscal year 2013.
92 Section 3. Effective date.
93 (1) Except as provided in Subsection (2), this bill takes effect May 8, 2012.
94 (2) Uncodified Section 2, Appropriation, takes effect on July 1, 2012.