Senator Howard A. Stephenson proposes the following substitute bill:


1     
POSTSECONDARY CAREER AND EDUCATIONAL CHOICE

2     
AMENDMENTS

3     
2015 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Howard A. Stephenson

6     
House Sponsor: Bradley G. Last

7     

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

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

195               Schedule of Programs:
196                    Utah Futures                              $2,000,000
197          The Legislature intends that:
198          (1) the Utah Education and Telehealth Network:
199          (a) use the appropriation for Utah Futures as directed by the board in consultation with
200     the Utah Futures Steering Committee as described in Section 53B-17-108; and
201          (b) use up to $50,000 of the appropriation for Utah Futures for the independent
202     evaluation described in Subsection 53B-17-108(6); and
203          (2) under Section 63J-1-603, the appropriation provided under this section not lapse at
204     the close of fiscal year 2016, and that the use of any nonlapsing funds is limited to the purposes
205     described in Section 53B-17-108.
206          Section 4. Effective date.
207          (1) Except as provided in Subsection (2), this bill takes effect on May 12, 2015.
208          (2) Uncodified Section 3, Appropriation, takes effect on July 1, 2015.