Senator Stephen H. Urquhart proposes the following substitute bill:


1     
EARLY READING AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephen H. Urquhart

5     
House Sponsor: Bradley G. Last

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to early reading assessments and interventions in
10     public schools.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends provisions related to a diagnostic assessment system for early reading;
14          ▸     requires the State Board of Education to distribute licenses for early reading
15     software to a school district or charter school by a certain date;
16          ▸     requires a school district or charter school that receives a license for early reading
17     software to comply with certain standards;
18          ▸     directs the State Board of Education to establish certain standards;
19          ▸     provides for evaluation of the use of early reading software; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          53A-1-606.7, as enacted by Laws of Utah 2011, Chapter 372
28          53A-17a-167, as last amended by Laws of Utah 2013, Chapter 466
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 53A-1-606.7 is amended to read:
32          53A-1-606.7. State Board of Education required to contract for a diagnostic
33     assessment system for reading.
34          (1) The State Board of Education shall contract with [an] one or more educational
35     technology [provider] providers, selected through a request for proposals process, for a
36     diagnostic assessment system for reading for students in kindergarten through grade three that
37     meets the requirements of this section.
38          (2) [The] Subject to legislative appropriations, a diagnostic assessment system for
39     reading shall be made available to school districts and charter schools that apply to use [the] a
40     diagnostic assessment for reading beginning in the 2011-12 school year.
41          (3) [The] A diagnostic assessment system for reading for students in kindergarten
42     through grade three shall:
43          (a) be in a digital format;
44          [(a)] (b) include benchmark assessments of reading proficiency to be administered at
45     the beginning, in the middle, and at the end of kindergarten, grade one, grade two, and grade
46     three;
47          [(b)] (c) include formative assessments to be administered every two to four weeks for
48     students who are at high risk of not attaining proficiency in reading;
49          [(c)] (d) align with the language arts core curriculum adopted by the State Board of
50     Education; and
51          [(d)] (e) include a data analysis component hosted by the [contractor] provider that:
52          (i) has the capacity to generate electronic information immediately and produce
53     individualized student progress reports, class summaries, and class groupings for instruction;
54          (ii) [has] may have the capability of identifying lesson plans that may be used to
55     develop reading skills;
56          (iii) enables teachers, administrators, and designated supervisors to access reports
57     through a secured password system;
58          (iv) produces electronic printable reports for parents and administrators; and
59          (v) has the capability for principals to monitor usage by teachers.
60          [(4) (a) The benchmark and formative assessments specified in Subsections (3)(a) and
61     (b) shall be available to be downloaded to a portable technology device so that a teacher may
62     be able to sit beside a student as the student is being assessed at any location in the classroom
63     or throughout the school.]
64          [(b) After an assessment is downloaded to a portable technology device, the device
65     shall have the capability to operate in stand-alone mode if the Internet connection is lost.]
66          [(c) After an assessment is completed and uploaded to the data analysis component, the
67     data analysis component shall be capable of allowing data and reports to be viewed and printed
68     immediately.]
69          [(5) The State Board of Education shall:]
70          [(a) evaluate the effects of the diagnostic assessment system for reading by comparing
71     the learning gains of students in school districts and charter schools that use the diagnostic
72     assessment system for reading with the learning gains of students in school districts and charter
73     schools that do not use the diagnostic assessment system for reading; and]
74          [(b) submit a report on the evaluation to the Public Education Appropriations
75     Subcommittee by November 2013.]
76          Section 2. Section 53A-17a-167 is amended to read:
77          53A-17a-167. Early intervention program -- Enhanced kindergarten program --
78     Educational technology.
79          (1) The State Board of Education shall, as described in Subsection (4), distribute funds
80     appropriated under this section for an enhanced kindergarten program described in Subsection
81     (2), to school districts and charter schools that apply for the funds.
82          (2) A school district or charter school shall use funds appropriated in this section to
83     offer an early intervention program, delivered through an enhanced kindergarten program that:
84          (a) is an academic program focused on building age-appropriate literacy and numeracy
85     skills;
86          (b) uses an evidence-based early intervention model;
87          (c) is targeted to at-risk students; and
88          (d) is delivered through additional hours or other means.
89          (3) A school district or charter school may not require a student to participate in an
90     enhanced kindergarten program described in Subsection (2).
91          (4) The State Board of Education shall distribute funds appropriated under this section
92     for an enhanced kindergarten program described in Subsection (2) as follows:
93          (a) (i) the total allocation for charter schools shall be calculated by:
94          (A) dividing the number of charter school students by the total number of students in
95     the public education system in the prior school year; and
96          (B) multiplying the resulting percentage by the total amount of available funds; and
97          (ii) the amount calculated under Subsection (4)(a) shall be distributed to charter
98     schools with the greatest need for an enhanced kindergarten program, as determined by the
99     State Board of Education in consultation with the State Charter School Board;
100          (b) each school district shall receive the amount calculated by:
101          (i) multiplying the value of the weighted pupil unit by 0.45; and
102          (ii) multiplying the result by 20; and
103          (c) the remaining funds, after the allocations described in Subsections (4)(a) and (4)(b)
104     are made, shall be distributed to applicant school districts by:
105          (i) determining the number of students eligible to receive free lunch in the prior school
106     year for each school district; and
107          (ii) prorating the remaining funds based on the number of students eligible to receive
108     free lunch in each district.
109          (5) In addition to an enhanced kindergarten program described in Subsection (2), the
110     early intervention program includes a component to address early [intervention] reading
111     through the use of [an interactive computer software program] early interactive reading
112     software.
113          (6) (a) Subject to legislative appropriations, [by September 1 of each year,] the State
114     Board of Education shall select and contract with one or more technology providers, through a
115     request for proposals process, to provide [an interactive computer software program] early
116     interactive reading software for literacy instruction and assessments for students in
117     kindergarten through grade 3.
118          (b) [The] By August 1 of each year, the State Board of Education shall distribute
119     licenses for [an interactive computer software program] early interactive reading software
120     described in Subsection (6)(a) to school districts and charter schools that apply for the licenses.
121          (c) [A] Except as provided in Subsection (7)(c), a school district or charter school that
122     received a license described in Subsection (6)(b) during the prior year shall be given first
123     priority to receive an equivalent license during the current year.
124          (d) Licenses distributed to school districts and charter schools in addition to the
125     licenses described in Subsection (6)(c) shall be distributed through a competitive process.
126          [(7) On or before November 1, 2013, and every year thereafter, the State Board of
127     Education shall report final testing data regarding an interactive computer software program
128     described in Subsection (6), including student learning gains as a result of the interactive
129     computer software program, to:]
130          [(a) the Education Interim Committee; and]
131          [(b) the governor.]
132          (7) (a) As used in this Subsection (7), "dosage" means amount of instructional time.
133          (b) A school district or charter school that receives a license described in Subsection
134     (6)(b) shall use the license:
135          (i) for a student in kindergarten or grade 1:
136          (A) for intervention for the student if the student is reading below grade level; or
137          (B) for advancement beyond grade level for the student if the student is reading at or
138     above grade level;
139          (ii) for a student in grade 2 or 3, for intervention for the student if the student is reading
140     below grade level; and
141          (iii) in accordance with the technology provider's dosage recommendations.
142          (c) A school district or charter school that does not use the early interactive reading
143     software in accordance with the technology provider's dosage recommendations for two
144     consecutive years may not continue to receive a license.
145          (8) (a) On or before August 1 of each year, the State Board of Education shall select
146     and contract with an independent evaluator, through a request for proposals process, to act as
147     an independent contractor to evaluate early interactive reading software provided under this
148     section.
149          (b) The State Board of Education shall ensure that a contract with an independent
150     evaluator requires the independent evaluator to:
151          (i) compare a student's learning gains as a result of using early interactive reading
152     software provided under this section to a control group;
153          (ii) for the comparison under Subsection (8)(b)(i), use an assessment that is not
154     developed by a provider of early interactive reading software;
155          (iii) determine the extent to which a school district or charter school uses the early
156     interactive reading software in accordance with a technology provider's dosage
157     recommendations under Subsection (7); and
158          (iv) calculate the per-student cost of early interactive reading software provided by a
159     provider.
160          (c) The State Board of Education and the independent evaluator selected under
161     Subsection (8)(a) shall report annually on the results of the evaluation to the Education Interim
162     Committee and the governor.
163          (d) The State Board of Education may use up to 5% of the appropriation provided
164     under Subsection (6)(a) to contract with an independent evaluator selected under Subsection
165     (8)(a).