Third Substitute S.B. 34

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House Floor Amendments 3-13-2014 le/aos This document includes House Floor Amendments incorporated into the bill on Thu, Mar 13, 2014 at 10:49 PM by lerror. --> Representative Bradley G. Last proposes the following substitute bill:

1 STATEWIDE DATA ALLIANCE AND UTAH FUTURES
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Howard A. Stephenson
5 House Sponsor: Bradley G. Last
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to Utah Futures and appropriates money to support
10 a statewide data system for public education, higher education, and workforce data.
11 Highlighted Provisions:
12 This bill:
13 . amends provisions related to Utah Futures;
14 . establishes an evaluation panel to evaluate Utah Futures and determine whether any
15 or all components of Utah Futures should be outsourced to a private provider;
15a H. . requires the evaluation panel to report to the State Board of Education, the
15b Executive Appropriations Committee, and the Education Interim Committee; .H and
16 . makes technical changes.
17 Money Appropriated in this Bill:
18 This bill appropriates in fiscal year 2015:
19 . to the Utah Education Network - Utah Education Network as an ongoing
20 appropriation:
21 . from the Education Fund, $345,000;
22 . to the Utah Education Network - Utah Education Network as a one-time
23 appropriation:
24 . from the Education Fund, $300,000;
25 . to the State Board of Education - State Office of Education as an ongoing

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House Floor Amendments 3-13-2014 le/aos 26

appropriation:
27 . from the Education Fund, $355,000;
28 . to the Utah College of Applied Technology - Administration as an ongoing
29 appropriation:
30 . from the Education Fund, $245,000;
31 . to the State Board of Regents - Administration as an ongoing appropriation:
32 . from the Education Fund, $245,000; and
33 . to the University of Utah - Education and General as an ongoing appropriation:
34 . from the Education Fund, $310,000.
35 Other Special Clauses:
36 This bill provides an effective date.
37 Utah Code Sections Affected:
38 AMENDS:
39 53A-1-410, as enacted by Laws of Utah 2012, Chapter 392
39a H. 63I-2-253, as last amended by Laws of Utah 2013, Chapters 173 and 434 .H
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 53A-1-410 is amended to read:
43 53A-1-410. Utah Futures.
44 (1) As used in this section:
45 (a) "Education provider" means:
46 (i) a Utah institution of higher education as defined in Section 53B-2-101 ; or
47 (ii) a Utah provider of postsecondary education.
48 (b) "Student user" means:
49 (i) a Utah student in kindergarten through grade 12;
50 (ii) a Utah post secondary education student;
51 (iii) a parent or guardian of a Utah public education student; or
52 (iv) a Utah potential post secondary education student.
53 [(c) "Other user" means:]
54 [(i) a jobseeker;]
55 [(ii) an adult user;]
56 [(iii) a Utah business user; or]

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- 3 - 57 [(iv) any Utah citizen.]
58 [(d)] (c) "Utah Futures" means a career planning program developed and administered
59 by the Department of Workforce Services, the State Board of Regents, and the State Board of
60 Education.
61 [(e)] (d) "Utah Futures Steering Committee" means a committee of members
62 designated by the governor to administer and manage Utah Futures in collaboration with the
63 Department of Workforce Services, the State Board of Regents, and the State Board of
64 Education.
65 (2) The Utah Futures Steering Committee shall ensure, as funding allows and is
66 feasible, that Utah Futures will:
67 (a) allow a student user to:
68 (i) access the student user's full academic record;
69 (ii) electronically allow the student user to give access to the student user's academic
70 record and related information to an education provider as allowed by law;
71 (iii) access information about different career opportunities and understand the related
72 educational requirements to enter that career;
73 (iv) access information about education providers;
74 (v) access up to date information about entrance requirements to education providers;
75 (vi) apply for entrance to multiple schools without having to fully replicate the
76 application process;
77 (vii) apply for loans, scholarships, or grants from multiple education providers in one
78 location without having to fully replicate the application process for multiple education
79 providers; and
80 (viii) research open jobs from different companies within the user's career interest and
81 apply for those jobs without having to leave the website to do so;
82 (b) allow all users to:
83 (i) access information about different career opportunities and understand the related
84 educational requirements to enter that career;
85 (ii) access information about education providers;
86 (iii) access up-to-date information about entrance requirements to education providers;
87 (iv) apply for entrance to multiple schools without having to fully replicate the

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House Floor Amendments 3-13-2014 le/aos 88

application process;
89 (v) apply for loans, scholarships, or grants from multiple education providers in one
90 location without having to fully replicate the application process for multiple education
91 providers; and
92 (vi) research open jobs from different companies within the user's career interest and
93 apply for those jobs without having to leave the website to do so;
94 [(b)] (c) allow an education provider to:
95 (i) research and find student users who are interested in various educational outcomes;
96 (ii) promote the education provider's programs and schools to student users; and
97 (iii) connect with student users within the Utah Futures website;
98 [(c)] (d) allow a Utah business to:
99 (i) research and find student users who are pursuing educational outcomes that are
100 consistent with jobs the Utah business is trying to fill now or in the future; and
101 (ii) market jobs and communicate with student users through the Utah Futures website
102 as allowed by law;
103 [(d)] (e) allow the Department of Workforce Services to analyze and report on student
104 user interests, education paths, and behaviors within the education system so as to predictively
105 determine appropriate career and educational outcomes and results; and
106 [(e)] (f) allow all users of the Utah Futures' system to communicate and interact
107 through social networking tools within the Utah Futures website as allowed by law.
108 (3) On or before [May 15, 2012] October 1, 2014, the State Board of Education, H. [ in
109 consultation with ] after consulting with .H the [Utah Futures Steering Committee] Board of
109a Business and Economic
110 Development created in Section 63M-1-301 , may select a technology provider, through a
111 request for proposals process, to provide technology and support for Utah Futures.
112 (4) In evaluating proposals under Subsection (3) H. in consultation with the Board of
112a Business and Economic Development .H , the State Board of Education H. [ and ] .H [the
113 Utah Futures Steering Committee] H. [ Board of Business and Economic Development ] .H
113a shall ensure
114 that the technology provided by a proposer:
115 (a) allows Utah Futures to license [and host] the selected service oriented architecture
116 technologies [on Utah Futures' servers];
117 (b) allows Utah Futures to protect [and control] all user data within the system by
118 leveraging role architecture;

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House Floor Amendments 3-13-2014 le/aos 119

(c) allows Utah Futures to [directly control and] update the user interface, APIs, and
120 web services software layers as needed; [and]
121 (d) provides the ability for a student user to have a secure profile and login to access
122 and to store personal information related to the services listed in Subsection (2) via the
123 Internet[.];
124 (e) protects all user data within Utah Futures;
125 (f) allows the State Board of Education to license the technology of the selected
126 technology provider; and
127 (g) provides technology able to support application programming interfaces to integrate
128 technology of other third party providers, which may include cloud-based technology.
129 (5) (a) On or before August 1, 2014, the evaluation panel described in Subsection
130 (5)(b), using the criteria described in Subsection (5)(c), shall evaluate Utah Futures and
131 determine whether any or all components of Utah Futures, as described in this section, should
132 be outsourced to a private provider or built in-house by the participating state agencies.
133 (b) The evaluation panel described in Subsection (5)(a) shall consist of the following
134 members, appointed by the governor H. after consulting with the State Board
134a of Education .H :
135 (i) five members who represent business, including:
136 (A) one member who has extensive knowledge and experience in information
137 technology; and
138 (B) one member who has extensive knowledge and experience in human resources;
139 (ii) one member who is a user of the information provided by Utah Futures;
140 (iii) one member who is a parent of a student who uses Utah Futures;
141 (iv) one member who:
142 (A) is an educator as defined in Section 53A-6-103 ; and
143 (B) teaches students who use Utah Futures; and
144 (v) one member who is a high school counselor licensed under Title 53A, Chapter 6,
145 Educator Licensing and Professional Practices Act.
146 (c) The evaluation panel described in Subsections (5)(a) and (b) shall consider at least
147 the following criteria to make the determination described in Subsection (5)(a):
148 (i) the complete functional capabilities of a private technology provider versus an
149 in-house version;

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House Floor Amendments 3-13-2014 le/aos 150

(ii) the cost of purchasing privately developed technology versus continuing to develop
151 or build an in-house version;
152 (iii) the data and security capabilities of a private technology provider versus an
153 in-house version;
154 (iv) the time frames to implementation; and
155 (v) the best practices and examples of other states who have implemented a tool similar
156 to Utah Futures.
156a H. (d) On or before September 30, 2014, the evaluation panel shall report the
156b determination to:
156c (i) the State Board of Education;
156c1 (ii) the Executive Appropriations Committee; and
156d (iii) the Education Interim Committee.
156e Section 2. Section 63I-2-253 is amended to read:
156f 63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
156g (1) Section 53A-1-402.7 is repealed July 1, 2014.
156h (2) Section 53A-1-403.5 is repealed July 1, 2017.
156i (3) Subsection 53A-1-410(5) is repealed July 1, 2015.
156j [ (3) ] (4) Section 53A-1-411 is repealed July 1, 2016.
156k [ (4) ] (5) Section 53A-1-412 is repealed July 1, 2013.
156l [ (5) ] (6) Section 53A-1a-513.5 is repealed July 1, 2017.
156m [ (6) ] (7) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2014.
156n [ (7) ] (8) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is repealed
156o July 1, 2017.
156p [ (8) ] (9) Subsection 53A-13-110(4) is repealed July 1, 2013.
156q [ (9) ] (10) Section 53A-17a-169 is repealed July 1, 2016. . H
157 Section H. [ 2 ] 3 .H . Appropriation.
158 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
159 the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following sums of money
160 are appropriated from resources not otherwise appropriated, or reduced from amounts
161 previously appropriated, out of the funds or accounts indicated. These sums of money are in
162 addition to any amounts previously appropriated for fiscal year 2015.
163 To Utah Education Network - Utah Education Network
164 From Education Fund

$345,000

165 From Education Fund, One-time

$300,000

166 Schedule of Programs:

167 Statewide Data Alliance $645,000

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House Floor Amendments 3-13-2014 le/aos 168

To State Board of Education - State Office of Education
169 From Education Fund

$355,000

170 Schedule of Programs:
171 Board and Administration $355,000
172 To Utah College of Applied Technology - Administration
173 From Education Fund

$245,000

174 Schedule of Programs:
175 Administration $245,000
176 To State Board of Regents - Administration
177 From Education Fund

$245,000

178 Schedule of Programs:
179 Administration $245,000
180 To University of Utah - Education and General

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$310,000

182 Schedule of Programs:
183 Education and General $310,000
184 The Legislature intends that the appropriation under this section be used to support a
185 statewide data system for public education, higher education, and workforce data.
186 Section 3. Effective date.
187 Uncodified Section 2 takes effect on July 1, 2014.