1     
POST-SECONDARY CAREER AND EDUCATIONAL CHOICE

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AMENDMENTS

3     
2015 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Howard A. Stephenson

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House Sponsor: ____________

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8     LONG TITLE
9     General Description:
10          This bill requires the Utah Education and Telehealth Network Board to select a
11     technology provider to provide technology and support to Utah Futures.
12     Highlighted Provisions:
13          This bill:
14          ▸     requires the Utah Education and Telehealth Network to select a technology provider
15     to provide technology and support to Utah Futures;
16          ▸     eliminates an evaluation panel that assesses whether the Department of Workforce
17     Services, the State Board of Regents, and the State Board of Education should
18     outsource the Utah Futures website to a private provider or build the Utah Futures
19     website in-house;
20          ▸     requires an independent evaluation; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          This bill appropriates in fiscal year 2016:
24          ▸     to the Utah Education and Telehealth Network - Utah Education and Telehealth
25     Network as an ongoing appropriation:
26               •     from the Education Fund, $2,400,000.
27          ▸     to the Utah Education and Telehealth Network - Utah Education and Telehealth
28     Network as a one-time appropriation:
29               •     from the Education Fund, $50,000.
30     Other Special Clauses:
31          This bill provides a special effective date.
32     Utah Code Sections Affected:
33     AMENDS:
34          63I-2-253, as last amended by Laws of Utah 2014, Chapters 102, 189, 372, and 393
35     RENUMBERS AND AMENDS:
36          53B-17-108, (Renumbered from 53A-1-410, as last amended by Laws of Utah 2014,
37     Chapter 372)
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 53B-17-108, which is renumbered from Section 53A-1-410 is
41     renumbered and amended to read:
42          [53A-1-410].      53B-17-108. Utah Futures.
43          (1) As used in this section:
44          (a) "Education provider" means:
45          (i) a Utah institution of higher education as defined in Section 53B-2-101; or
46          (ii) a Utah provider of postsecondary education.
47          (b) "Student user" means:
48          (i) a Utah student in kindergarten through grade 12;
49          (ii) a Utah post secondary education student;
50          (iii) a parent or guardian of a Utah public education student; or
51          (iv) a Utah potential post secondary education student.
52          (c) "Utah Futures" means a career planning program developed and administered by
53     the Department of Workforce Services, the State Board of Regents, and the State Board of
54     Education.
55          (d) "Utah Futures Steering Committee" means a committee of members designated by
56     the governor to administer and manage Utah Futures in collaboration with the Department of
57     Workforce Services, the State Board of Regents, and the State Board of Education.
58          [(2) The Utah Futures Steering Committee shall ensure, as funding allows and is
59     feasible, that Utah Futures will:]
60          (2) On or before October 1, 2015, the board, after consulting with the Board of
61     Business and Economic Development created in Section 63M-1-301 and the Utah Futures
62     Steering Committee, shall select a technology provider, through a request for proposals
63     process, to provide technology and support for Utah Futures.
64          (3) The board shall ensure that the technology and support provided by the provider
65     selected under Subsection (2) shall allow:
66          (a) [allow] a student user to:
67          (i) access the student user's full academic record;
68          (ii) electronically allow the student user to give access to the student user's academic
69     record and related information to an education provider as allowed by law;
70          (iii) access information about different career opportunities and understand the related
71     educational requirements to enter that career;
72          (iv) access information about education providers;
73          (v) access up to date information about entrance requirements to education providers;
74          (vi) apply for entrance to multiple schools without having to fully replicate the
75     application process;
76          (vii) apply for loans, scholarships, or grants from multiple education providers in one
77     location without having to fully replicate the application process for multiple education
78     providers; and
79          (viii) research open jobs from different companies within the user's career interest and
80     apply for those jobs without having to leave the website to do so;
81          (b) [allow] all users to:
82          (i) access information about different career opportunities and understand the related
83     educational requirements to enter that career;
84          (ii) access information about education providers;
85          (iii) access up-to-date information about entrance requirements to education providers;
86          (iv) apply for entrance to multiple schools without having to fully replicate the
87     application process;
88          (v) apply for loans, scholarships, or grants from multiple education providers in one
89     location without having to fully replicate the application process for multiple education
90     providers; and
91          (vi) research open jobs from different companies within the user's career interest and
92     apply for those jobs without having to leave the website to do so;
93          (c) [allow] an education provider to:
94          (i) research and find student users who are interested in various educational outcomes;
95          (ii) promote the education provider's programs and schools to student users; and
96          (iii) connect with student users within the Utah Futures website;
97          (d) [allow] a Utah business to:
98          (i) research and find student users who are pursuing educational outcomes that are
99     consistent with jobs the Utah business is trying to fill now or in the future; and
100          (ii) market jobs and communicate with student users through the Utah Futures website
101     as allowed by law;
102          (e) [allow] the Department of Workforce Services to analyze and report on student user
103     interests, education paths, and behaviors within the education system so as to predictively
104     determine appropriate career and educational outcomes and results; and
105          (f) [allow] all users of the Utah Futures' system to communicate and interact through
106     social networking tools within the Utah Futures website as allowed by law.
107          [(3) On or before October 1, 2014, the State Board of Education, after consulting with
108     the Board of Business and Economic Development created in Section 63M-1-301, may select a
109     technology provider, through a request for proposals process, to provide technology and
110     support for Utah Futures.]
111          (4) In evaluating proposals under Subsection [(3)] (2) in consultation with the Board of
112     Business and Economic Development[, the State Board of Education] and the Utah Futures
113     Steering Committee, the board shall ensure that the technology provided by a proposer:
114          (a) allows Utah Futures to license the selected service oriented architecture
115     technologies;
116          (b) allows Utah Futures to protect all user data within the system by leveraging role
117     architecture;
118          (c) allows Utah Futures to update the user interface, APIs, and web services software
119     layers as needed;
120          (d) provides the ability for a student user to have a secure profile and login to access
121     and to store personal information related to the services listed in Subsection (2) via the
122     Internet;
123          (e) protects all user data within Utah Futures;
124          (f) allows the [State Board of Education] board to license the technology of the
125     selected technology provider; and
126          (g) provides technology able to support application programming interfaces to integrate
127     technology of other third party providers, which may include cloud-based technology.
128          [(5) (a) On or before August 1, 2014, the evaluation panel described in Subsection
129     (5)(b), using the criteria described in Subsection (5)(c), shall evaluate Utah Futures and
130     determine whether any or all components of Utah Futures, as described in this section, should
131     be outsourced to a private provider or built in-house by the participating state agencies.]
132          [(b) The evaluation panel described in Subsection (5)(a) shall consist of the following
133     members, appointed by the governor after consulting with the State Board of Education:]
134          [(i) five members who represent business, including:]
135          [(A) one member who has extensive knowledge and experience in information
136     technology; and]
137          [(B) one member who has extensive knowledge and experience in human resources;]
138          [(ii) one member who is a user of the information provided by Utah Futures;]
139          [(iii) one member who is a parent of a student who uses Utah Futures;]
140          [(iv) one member who:]
141          [(A) is an educator as defined in Section 53A-6-103; and]
142          [(B) teaches students who use Utah Futures; and]
143          [(v) one member who is a high school counselor licensed under Title 53A, Chapter 6,
144     Educator Licensing and Professional Practices Act.]
145          [(c) The evaluation panel described in Subsections (5)(a) and (b) shall consider at least
146     the following criteria to make the determination described in Subsection (5)(a):]
147          [(i) the complete functional capabilities of a private technology provider versus an
148     in-house version;]
149          [(ii) the cost of purchasing privately developed technology versus continuing to
150     develop or build an in-house version;]
151          [(iii) the data and security capabilities of a private technology provider versus an
152     in-house version;]
153          [(iv) the time frames to implementation; and]
154          [(v) the best practices and examples of other states who have implemented a tool
155     similar to Utah Futures.]
156          [(d) On or before September 30, 2014, the evaluation panel shall report the
157     determination to:]
158          [(i) the State Board of Education;]
159          [(ii) the Executive Appropriations Committee; and]
160          [(iii) the Education Interim Committee.]
161          (5) (a) The board shall contract with an independent evaluator to evaluate Utah Futures
162     on:
163          (i) the extent to which Utah Futures provides the outcomes described in Subsection (3);
164     and
165          (ii) the effectiveness of the technology provider selected under Subsection (2) in
166     helping Utah Futures reach the outcomes described in Subsection (3).
167          (b) The board shall present the results of the evaluation described in Subsection (5)(a)
168     to the Education Interim Committee on or before November 1, 2016.
169          Section 2. Section 63I-2-253 is amended to read:
170          63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
171          (1) Section 53A-1-402.7 is repealed July 1, 2014.
172          (2) Section 53A-1-403.5 is repealed July 1, 2017.
173          [(3) Subsection 53A-1-410(5) is repealed July 1, 2015.]
174          [(4)] (3) Section 53A-1-411 is repealed July 1, 2016.
175          [(5)] (4) Section 53A-1a-513.5 is repealed July 1, 2017.
176          [(6)] (5) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.
177          [(7)] (6) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
178     repealed July 1, 2017.
179          [(8)] (7) Section 53A-17a-169 is repealed July 1, 2017.
180          Section 3. Appropriation.
181          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
182     the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following sums of money
183     are appropriated from resources not otherwise appropriated, or reduced from amounts
184     previously appropriated, out of the funds or accounts indicated. These sums of money are in
185     addition to any amounts previously appropriated for fiscal year 2016.
186          To Utah Education and Telehealth Network - Utah Education and Telehealth Network
187               From Education Fund
$2,400,000

188               From Education Fund, One-time
$50,000

189               Schedule of Programs:
190                    Utah Futures                              $2,450,000
191          The Legislature intends that:
192          (1) the Utah Education and Telehealth Network shall:
193          (a) use $2,400,000 of the appropriation for Utah Futures to contract with a technology
194     provider as described in Subsection 53A-1-410(2); and
195          (b) use $50,000 of the appropriation for Utah Futures to conduct the independent
196     evaluation described in Subsection 53A-1-410(5); and
197          (2) under Section 63J-1-603, the appropriation provided under this section not lapse at
198     the close of fiscal year 2016, and that the use of any nonlapsing funds is limited to the purposes
199     described in Section 53A-1-410.
200          Section 4. Effective date.
201          (1) Except as provided in Subsection (2), this bill takes effect on May 12, 2015.
202          (2) Uncodified Section 3, Appropriation, takes effect on July 1, 2015.




Legislative Review Note
     as of 2-27-15 7:07 PM

Office of Legislative Research and General Counsel