1     
PHYSICS EDUCATION PILOT PROGRAM

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Howard A. Stephenson

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill creates a pilot grant program for physics education in secondary schools.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates the Physics Education Pilot Program;
14           ▸     requires the STEM Action Center Board to prequalify one or more physics
15     education consultants to provide high quality professional development, physics
16     curriculum materials, and support for physics teachers;          
17          ▸     specifies criteria for the STEM Action Center Board to consider in prequalifying
18     physics education consultants and selecting local education agencies to participate
19     in the pilot program;
20          ▸     provides a grant for local education agencies to implement the Physics Education
21     Pilot Program; and
22          ▸     requires the STEM Action Center Board to contract with an independent evaluator
23     and report to the State Board of Education, the Governor's Office of Economic
24     Development, and the Education Interim Committee.
25     Money Appropriated in this Bill:
26          This bill appropriates:
27          ▸     to the Governor's Office of Economic Development - STEM Action Center, as a

28     one-time appropriation:
29               •     from the General Fund, one-time, $5,000,000.
30     Other Special Clauses:
31          This bill provides a special effective date.
32     Utah Code Sections Affected:
33     AMENDS:
34          63I-1-263, as last amended by Laws of Utah 2014, Chapters 113, 189, 195, 211, 419,
35     429, and 435
36          63M-1-3201, as last amended by Laws of Utah 2014, Chapter 318
37     ENACTS:
38          63M-1-3212, Utah Code Annotated 1953
39     

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 63I-1-263 is amended to read:
42          63I-1-263. Repeal dates, Titles 63A to 63M.
43          (1) Section 63A-4-204, authorizing the Risk Management Fund to provide coverage to
44     any public school district which chooses to participate, is repealed July 1, 2016.
45          (2) Subsection 63A-5-104(4)(h) is repealed on July 1, 2024.
46          (3) Section 63A-5-603, State Facility Energy Efficiency Fund, is repealed July 1, 2016.
47          (4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
48     1, 2018.
49          (5) Title 63C, Chapter 14, Federal Funds Commission, is repealed July 1, 2018.
50          (6) Title 63C, Chapter 15, Prison Relocation Commission, is repealed July 1, 2017.
51          (7) Subsection 63G-6a-1402(7) authorizing certain transportation agencies to award a
52     contract for a design-build transportation project in certain circumstances, is repealed July 1,
53     2015.
54          (8) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
55     2020.
56          (9) The Resource Development Coordinating Committee, created in Section
57     63J-4-501, is repealed July 1, 2015.
58          (10) Title 63M, Chapter 1, Part 4, Enterprise Zone Act, is repealed July 1, 2018.

59          (11) (a) Title 63M, Chapter 1, Part 11, Recycling Market Development Zone Act, is
60     repealed January 1, 2021.
61          (b) Subject to Subsection (11)(c), Sections 59-7-610 and 59-10-1007 regarding tax
62     credits for certain persons in recycling market development zones, are repealed for taxable
63     years beginning on or after January 1, 2021.
64          (c) A person may not claim a tax credit under Section 59-7-610 or 59-10-1007:
65          (i) for the purchase price of machinery or equipment described in Section 59-7-610 or
66     59-10-1007, if the machinery or equipment is purchased on or after January 1, 2021; or
67          (ii) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), if
68     the expenditure is made on or after January 1, 2021.
69          (d) Notwithstanding Subsections (11)(b) and (c), a person may carry forward a tax
70     credit in accordance with Section 59-7-610 or 59-10-1007 if:
71          (i) the person is entitled to a tax credit under Section 59-7-610 or 59-10-1007; and
72          (ii) (A) for the purchase price of machinery or equipment described in Section
73     59-7-610 or 59-10-1007, the machinery or equipment is purchased on or before December 31,
74     2020; or
75          (B) for an expenditure described in Subsection 59-7-610(1)(b) or 59-10-1007(1)(b), the
76     expenditure is made on or before December 31, 2020.
77          [(12) Section 63M-1-3412 is repealed on July 1, 2021.]
78          [(13)] (12) (a) Section 63M-1-2507, Health Care Compact, is repealed on July 1, 2014.
79          (b) (i) The Legislature shall, before reauthorizing the Health Care Compact:
80          (A) direct the Health System Reform Task Force to evaluate the issues listed in
81     Subsection [(13)] (12)(b)(ii), and by January 1, 2013, develop and recommend criteria for the
82     Legislature to use to negotiate the terms of the Health Care Compact; and
83          (B) prior to July 1, 2014, seek amendments to the Health Care Compact among the
84     member states that the Legislature determines are appropriate after considering the
85     recommendations of the Health System Reform Task Force.
86          (ii) The Health System Reform Task Force shall evaluate and develop criteria for the
87     Legislature regarding:
88          (A) the impact of the Supreme Court ruling on the Affordable Care Act;
89          (B) whether Utah is likely to be required to implement any part of the Affordable Care

90     Act prior to negotiating the compact with the federal government, such as Medicaid expansion
91     in 2014;
92          (C) whether the compact's current funding formula, based on adjusted 2010 state
93     expenditures, is the best formula for Utah and other state compact members to use for
94     establishing the block grants from the federal government;
95          (D) whether the compact's calculation of current year inflation adjustment factor,
96     without consideration of the regional medical inflation rate in the current year, is adequate to
97     protect the state from increased costs associated with administering a state based Medicaid and
98     a state based Medicare program;
99          (E) whether the state has the flexibility it needs under the compact to implement and
100     fund state based initiatives, or whether the compact requires uniformity across member states
101     that does not benefit Utah;
102          (F) whether the state has the option under the compact to refuse to take over the federal
103     Medicare program;
104          (G) whether a state based Medicare program would provide better benefits to the
105     elderly and disabled citizens of the state than a federally run Medicare program;
106          (H) whether the state has the infrastructure necessary to implement and administer a
107     better state based Medicare program;
108          (I) whether the compact appropriately delegates policy decisions between the
109     legislative and executive branches of government regarding the development and
110     implementation of the compact with other states and the federal government; and
111          (J) the impact on public health activities, including communicable disease surveillance
112     and epidemiology.
113          (13) Section 63M-1-3212 is repealed on July 1, 2020.
114          (14) Section 63M-1-3412 is repealed on July 1, 2021.
115          [(14)] (15) (a) Title 63M, Chapter 1, Part 35, Utah Small Business Jobs Act, is
116     repealed January 1, 2021.
117          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
118     calendar years beginning on or after January 1, 2021.
119          (c) Notwithstanding Subsection [(14)] (15)(b), an entity may carry forward a tax credit
120     in accordance with Section 59-9-107 if:

121          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
122     31, 2020; and
123          (ii) the qualified equity investment that is the basis of the tax credit is certified under
124     Section 63M-1-3503 on or before December 31, 2023.
125          [(15)] (16) The Crime Victim Reparations and Assistance Board, created in Section
126     63M-7-504, is repealed July 1, 2017.
127          [(16)] (17) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
128     2017.
129          Section 2. Section 63M-1-3201 is amended to read:
130          63M-1-3201. Definitions.
131          As used in this part:
132          (1) "Board" means the STEM Action Center Board created in Section 63M-1-3202.
133          (2) "Educator" [has the meaning] means the same as that term is defined in Section
134     53A-6-103.
135          (3) "High quality professional development" means professional development that
136     meets:
137          (a) high quality standards developed by the State Board of Education[.]; and
138          (b) the professional learning standards described in Section 53A-3-701.
139          (4) "Office" means the Governor's Office of Economic Development.
140          (5) "Provider" means a provider, selected by staff of the board and staff of the Utah
141     State Board of Education, on behalf of the board:
142          (a) through a request for proposals process; or
143          (b) through a direct award or sole source procurement process for a pilot described in
144     Section 63M-1-3205.
145          (6) "STEM" means science, technology, engineering, and mathematics.
146          (7) "STEM Action Center" means the center described in Section 63M-1-3204.
147          Section 3. Section 63M-1-3212 is enacted to read:
148          63M-1-3212. Physics Education Pilot Program.
149          (1) As used in this section:
150          (a) "Endorsement" means the same as that term is defined in Section 53A-6-103.
151          (b) "Local education agency" or "LEA" means:

152          (i) a school district;
153          (ii) a charter school; or
154          (iii) the Utah Schools for the Deaf and the Blind.
155          (c) "Physics education consultant" means a physics education consultant identified
156     under Subsection (3).
157          (d) "Program" means the Physics Education Pilot Program.
158          (2) (a) There is created the Physics Education Pilot Program to promote physics
159     education and increase the number of Utah secondary school students who take physics.
160          (b) Subject to funding for the program, the board shall develop and implement the
161     program to promote physics education in secondary schools.
162          (c) The program shall operate for five years, beginning on the first day of the 2015-16
163     school year.
164          (3) (a) In consultation with the State Board of Education, the board shall, through a
165     prequalification process under Section 63G-6a-403, prequalify physics education consultants
166     that an LEA, selected by the board under Subsection (6), may work with to implement the
167     program.
168          (b) The board may not prequalify a physics education consultant who does not have
169     experience implementing a physics education program in a secondary school.
170          (c) In evaluating statements of qualification submitted for the prequalification process
171     described in Subsection (3)(a), the board, in coordination with the State Board of Education,
172     shall ensure that the evaluation criteria weighs heavily the extent to which a physics education
173     consultant who submits a statement of qualification has demonstrated efficacy in:
174          (i) increasing enrollment in secondary education physics classes;
175          (ii) providing high quality professional development in physics education in
176     coordination with an institute of higher education;
177          (iii) providing professional development to teachers to prepare them to teach
178     mathematically rigorous physics; and
179          (iv) improving outcomes for students participating in physics classes.
180          (d) The request for statements of qualification shall require that a proposed physics
181     education consultant disclose all exclusive financial arrangements with education publishers,
182     education technology providers, or other education companies.

183          (e) After receiving an LEA grant application described in Subsection (5), the board
184     may prequalify a physics education consultant proposed in an LEA grant application, who was
185     not identified through the prequalification process described in Subsection (3)(a), as a
186     prequalified physics education consultant if:
187          (i) the physics education consultant proposed in the LEA's grant application meets the
188     qualification criteria described in Subsection (3);
189          (ii) the LEA had a contract or other relationship with the physics education consultant
190     proposed in the LEA's grant application prior to the LEA submitting the application under
191     Subsection (3)(a); and
192          (iii) the LEA's contract or other relationship with the physics education consultant
193     proposed in the LEA's grant application was granted in compliance with Title 63G, Chapter 6a,
194     Utah Procurement Code.
195          (4) The board shall require a prequalified physics education consultant to provide:
196          (a) high quality professional development in physics education, in consultation with the
197     State Board of Education and in coordination with an institute of higher education, that enables
198     an educator to receive an endorsement to teach physics;
199          (b) physics education curriculum resources of sufficient depth and breadth to eliminate
200     the need for physics textbooks; and
201          (c) support for an educator to further the teaching of physics through:
202          (i) classroom and physics laboratory technology that may include an interactive white
203     board; and
204          (ii) hands-on activities and experiments.
205          (5) (a) An LEA may apply to the board, through a competitive process, to receive a
206     grant to participate in the program.
207          (b) In a grant application, an LEA shall present a plan and describe how the LEA will
208     work with a physics education consultant prequalified under Subsection (3) to provide:
209          (i) high quality professional development in physics education;
210          (ii) physics education curricula; and
211          (iii) classroom technologies to further the teaching of physics.
212          (c) An LEA grant application may propose a physics education consultant who was not
213     identified as a prequalified physics education consultant under Subsection (3)(a) if the physics

214     education consultant proposed in the LEA grant application meets the criteria described in
215     Subsection (3)(e).
216          (6) (a) The board shall select LEAs to receive a grant.
217          (b) In selecting an LEA to receive a grant, the board shall consider the LEA's
218     willingness and plans to:
219          (i) sequence science classes so that students take physics before taking chemistry and
220     biology;
221          (ii) increase the number of students taking physics;
222          (iii) incorporate classroom education technology, which may include an interactive
223     white board, into physics classes; and
224          (iv) devote LEA resources, including instructional technology, to teaching physics.
225          (c) In selecting an LEA to receive a grant, the board shall select a diverse set of LEAs
226     representing a range of urban and rural locations, school districts, and charter schools.
227          (7) An LEA that receives a grant described in Subsection (6):
228          (a) shall use the grant to contract with a physics education consultant prequalified
229     under Subsection (3) to implement the LEA plan in the LEA grant application described in
230     Subsection (5); and
231          (b) may contract with a physics education consultant prequalified under Subsection (3)
232     without following the standard procurement process described in Title 63G, Chapter 6a, Utah
233     Procurement Code.
234          (8) The board shall contract with an independent evaluator to evaluate the pilot
235     program on:
236          (a) school level outcomes, including changes in the number of students taking physics
237     and advanced physics;
238          (b) individual student outcomes;
239          (c) educator outcomes, including the number of teachers receiving endorsements to
240     teach physics; and
241          (d) any other outcomes requested by the board.
242          (9) (a) The board shall report to the Education Interim Committee on the status of the
243     program on or before November 1 of each year of the pilot program, beginning in 2016.
244          (b) The board shall:

245          (i) submit a final report on the program to the Education Interim Committee on or
246     before November 1, 2019; and
247          (ii) ensure that the final report described in Subsection (9)(b)(i) includes the results of
248     the evaluation described in Subsection (8).
249          Section 4. Appropriation.
250          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
251     the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following sums of money
252     are appropriated from resources not otherwise appropriated, or reduced from amounts
253     previously appropriated, out of the funds or accounts indicated. These sums of money are in
254     addition to any amounts previously appropriated for fiscal year 2016.
255          To Governor's Office of Economic Development - STEM Action Center
256               From General Fund, one-time
$5,000,000

257               Schedule of Programs:
258                    STEM Action Center                         $5,000,000
259          The Legislature intends that:
260          (1) the STEM Action Center Board expend appropriations under this section for the
261     physics education program described in Section 63M-1-3212 in fiscal years 2016, 2017, 2018,
262     2019, and 2020; and
263          (2) under Section 63J-1-603, the appropriations provided under this section not lapse at
264     the close of fiscal year 2016, 2017, 2018, or 2019.
265          Section 5. Effective date.
266          (1) Except as provided in Subsection (2), this bill takes effect on May 12, 2015.
267          (2) Uncodified Section 4, Appropriation, takes effect on July 1, 2015.






Legislative Review Note
     as of 2-3-15 9:43 AM


Office of Legislative Research and General Counsel