This document includes Senate 2nd and 3rd Reading Floor Amendments incorporated into the bill on Tue, Mar 8, 2016 at 6:48 PM by lpoole.
This document includes Senate 2nd and 3rd Reading Floor Amendments incorporated into the bill on Wed, Mar 9, 2016 at 9:16 AM by lpoole.
Representative John Knotwell proposes the following substitute bill:


1     
PERSONALIZED LEARNING AND TEACHING AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: John Knotwell

5     
Senate Sponsor: J. Stuart Adams

6     

7     LONG TITLE
8     General Description:
9          This bill creates the Digital Teaching and Learning Grant Program.
10     Highlighted Provisions:
11          This bill:
12          ▸     enacts Title 53A, Chapter 1, Part 14, Digital Teaching and Learning Grant Program,
13     including provisions related to the following:
14               •     definitions;
15               •     the digital teaching and learning master plan;
16               •     readiness assessments;
17               •     State Board of Education duties and LEA plan requirements;
18               •     implementation assessments and board interventions; and
19               •     procurement;
20          ▸     sunsets the Smart School Technology Program;
21          ▸     repeals language related to a whole-school one-to-one mobile device technology
22     deployment plan; and
23          ▸     makes technical and conforming corrections.
24     Money Appropriated in this Bill:
25          This bill appropriates:
26          ▸     to the State Board of Education -- Minimum School Program -- Related to Basic
27     School Program -- Digital Teaching and Learning Program, as a one-time
28     appropriation:
29               •     from the Education Fund, Ŝ→ [$750,000] $220,000 ←Ŝ ;
30          ▸     to the State Board of Education -- Minimum School Program -- Related to Basic
31     School Program -- Digital Teaching and Learning Program, as an ongoing
32     appropriation:
33               •     from the Education Fund, Ŝ→ [$47,500,000] $9,840,000 ←Ŝ ;
34          ▸     to the State Board of Education -- Minimum School Program -- Related to Basic
35     School Program -- Digital Teaching and Learning Program, as a one-time
36     appropriation:
37               •     from Education Fund, Ŝ→ [$24,250,000] $3,780,000 ←Ŝ ;
38          ▸     to the Utah Education and Telehealth Network -- Digital Teaching and Learning
39     Program, as an ongoing appropriation:
40               •     from the Education Fund, Ŝ→ [$500,000] $160,000 ←Ŝ ; and
41          ▸     to the Utah Education and Telehealth Network -- Digital Teaching and Learning
42     Program, as a one-time appropriation:
43               • Ŝ→ [     $23,000,000] Ŝ→ from the Education Fund, ←Ŝ $1,000,000 ←Ŝ .
44     Other Special Clauses:
45          This bill provides a special effective date.
46          This bill provides a coordination clause.
47     Utah Code Sections Affected:
48     AMENDS:
49          63I-2-253, as last amended by Laws of Utah 2015, Chapters 258, 418, and 456
50          63I-2-263, as last amended by Laws of Utah 2015, Chapters 182, 258, 283, 292, and
51     297
52     ENACTS:
53          53A-1-1401, Utah Code Annotated 1953
54          53A-1-1402, Utah Code Annotated 1953
55          53A-1-1404, Utah Code Annotated 1953
56          53A-1-1405, Utah Code Annotated 1953
57          53A-1-1406, Utah Code Annotated 1953
58          53A-1-1407, Utah Code Annotated 1953
59     RENUMBERS AND AMENDS:
60          53A-1-1403, (Renumbered from 53A-1-710, as enacted by Laws of Utah 2015, Chapter
61     446)
62     Utah Code Sections Affected by Coordination Clause:
63          53A-1-1402, Utah Code Annotated 1953
64          53A-1-1403, Utah Code Annotated 1953
65          53A-1-1405, Utah Code Annotated 1953
66     

67     Be it enacted by the Legislature of the state of Utah:
68          Section 1. Section 53A-1-1401 is enacted to read:
69     
Part 14. Digital Teaching and Learning Grant Program

70          53A-1-1401. Title.
71          This part is known as "Digital Teaching and Learning Grant Program."
72          Section 2. Section 53A-1-1402 is enacted to read:
73          53A-1-1402. Definitions.
74          As used in this part:
75          (1) "Advisory committee" means the committee established by the board under Section
76     53A-1-1406.
77          (2) "Board" means the State Board of Education.
78          (3) "Digital readiness assessment" means an assessment provided by the board that:
79          (a) is completed by an LEA analyzing an LEA's readiness to incorporate
80     comprehensive digital teaching and learning; and
81          (b) informs the preparation of an LEA's plan for incorporating comprehensive digital
82     teaching and learning.
83          (4) "High quality professional learning" means the professional learning standards
84     described in Section 53A-3-701.
85          (5) "Implementation assessment" means an assessment that analyzes an LEA's
86     implementation of an LEA plan, including identifying areas for improvement, obstacles to
87     implementation, progress toward the achievement of stated goals, and recommendations going
88     forward.
89          (6) "LEA plan" means an LEA's plan to implement a digital teaching and learning
90     program that meets the requirements of this section and requirements set forth by the board and
91     the advisory committee.
92          (7) "Local education agency" or "LEA" means:
93          (a) a school district;
94          (b) a charter school; or
95          (c) the Utah Schools for the Deaf and the Blind.
96          (8) "Program" means the Digital Teaching and Learning Grant Program established in
97     this part and as described in a proposal adopted by the digital teaching and learning task force
98     in accordance with Section 53A-1-1403.
99          (9) "Utah Education and Telehealth Network" or "UETN" means the Utah Education
100     and Telehealth Network created in Section 53B-17-105.
101          Section 3. Section 53A-1-1403, which is renumbered from Section 53A-1-710 is
102     renumbered and amended to read:
103          [53A-1-710].      53A-1-1403. Digital teaching and learning program task
104     force -- Funding proposal for a program -- Master plan -- Reporting requirements.
105          [(1) As used in this section:]
106          [(a) "Board" means the State Board of Education.]
107          [(b) "Core subject areas" means the following subject areas:]
108          [(i) English language arts;]
109          [(ii) mathematics;]
110          [(iii) science; and]
111          [(iv) social studies.]
112          [(c) "High quality professional learning" means the professional learning standards
113     described in Section 53A-3-701.]
114          [(d) "LEA plan" means an LEA's plan to implement a digital teaching and learning
115     program that meets requirements set by the board.]
116          [(e) "Local education agency" or "LEA" means:]
117          [(i) a school district;]
118          [(ii) a charter school; or]
119          [(iii) the Utah Schools for the Deaf and the Blind.]
120          [(f) "Statewide assessment" means a test of student achievement in English language
121     arts, mathematics, or science, including a test administered in a computer adaptive format,
122     which is administered statewide under Part 6, Achievement Tests.]
123          [(g) "Utah Education and Telehealth Network" or "UETN" means the Utah Education
124     and Telehealth Network created in Section 53B-17-105.]
125          [(2)] (1) (a) The board shall establish a digital teaching and learning task force to
126     develop a funding proposal to present to the Legislature for digital teaching and learning in
127     elementary and secondary schools.
128          (b) The digital teaching and learning task force shall include representatives of:
129          (i) the board;
130          (ii) UETN;
131          (iii) LEAs; and
132          (iv) the Governor's Education Excellence Commission.
133          [(3)] (2) (a) The board, in consultation with the digital teaching and learning task force
134     created in Subsection [(2)] (1), shall create a funding proposal for a statewide digital teaching
135     and learning program designed to:
136          (i) improve student outcomes through the use of digital teaching and learning
137     technology; and
138          (ii) provide high quality professional learning for educators to improve student
139     outcomes through the use of digital teaching and learning technology.
140          (b) The board shall:
141          (i) identify outcome based metrics to measure student achievement related to a digital
142     teaching and learning program; and
143          (ii) develop minimum benchmark standards for student achievement and school level
144     outcomes to measure successful implementation of a digital teaching and learning program.
145          [(4)] (3) As funding allows, the board shall develop a master plan for a statewide
146     digital teaching and learning program, including the following:
147          (a) a statement of purpose that describes the objectives or goals the board will
148     accomplish by implementing a digital teaching and learning program;
149          (b) a forecast for fundamental components needed to implement a digital teaching and
150     learning program, including a forecast for:
151          (i) student and teacher devices;
152          (ii) Wi-Fi and wireless compatible technology;
153          (iii) curriculum software;
154          (iv) assessment solutions;
155          (v) technical support;
156          (vi) change management of LEAs;
157          (vii) high quality professional learning;
158          (viii) Internet delivery and capacity; and
159          (ix) security and privacy of users;
160          (c) a determination of the requirements for:
161          (i) statewide technology infrastructure; and
162          (ii) local LEA technology infrastructure;
163          (d) standards for high quality professional learning related to implementing and
164     maintaining a digital teaching and learning program;
165          (e) a statewide technical support plan that will guide the implementation and
166     maintenance of a digital teaching and learning program, including standards and competency
167     requirements for technical support personnel;
168          (f) (i) a grant program for LEAs; or
169          (ii) a distribution formula to fund LEA digital teaching and learning programs;
170          (g) in consultation with UETN, an inventory of the state public education system's
171     current technology resources and other items and a plan to integrate those resources into a
172     digital teaching and learning program;
173          (h) an ongoing evaluation process that is overseen by the board;
174          (i) proposed rules that incorporate the principles of the master plan into the state's
175     public education system as a whole; and
176          (j) a plan to ensure long-term sustainability that:
177          (i) accounts for the financial impacts of a digital teaching and learning program; and
178          (ii) facilitates the redirection of LEA savings that arise from implementing a digital
179     teaching and learning program.
180          [(5)] (4) UETN shall:
181          (a) in consultation with the board, conduct an inventory of the state public education
182     system's current technology resources and other items as determined by UETN, including
183     software;
184          (b) perform an engineering study to determine the technology infrastructure needs of
185     the public education system to implement a digital teaching and learning program, including
186     the infrastructure needed for the board, UETN, and LEAs; and
187          (c) as funding allows, provide infrastructure and technology support for school districts
188     and charter schools.
189          [(6)] (5) On or before December 1, 2015, the board and UETN shall present the
190     funding proposal for a statewide digital teaching and learning program described in Subsection
191     [(3)] (2) to the Education Interim Committee and the Executive Appropriations Committee,
192     including:
193          (a) the board's progress on the development of a master plan described in Subsection
194     [(4)] (3); and
195          (b) the progress of UETN on the inventory and study described in Subsection [(5)] (4).
196          Section 4. Section 53A-1-1404 is enacted to read:
197          53A-1-1404. Readiness assessments.
198          Beginning July 1, 2016, and ending July 1, 2021, each LEA, including each school
199     within an LEA, shall annually complete a digital readiness assessment.
200          Section 5. Section 53A-1-1405 is enacted to read:
201          53A-1-1405. Digital Teaching and Learning Grant Program -- Board duties --
202     Advisory committee -- LEA plan requirements.
203          (1) There is created the Digital Teaching and Learning Grant Program to improve
204     educational outcomes in public schools by effectively incorporating comprehensive digital
205     teaching and learning technology.
206          (2) The board shall:
207          (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
208     adopt rules for the administration of the program, including rules requiring:
209          (i) an LEA plan to include measures to ensure that the LEA monitors and implements
210     technology with best practices, including the recommended use for effectiveness;
211          (ii) an LEA plan to include robust goals for learning outcomes and appropriate
212     measurements of goal achievement;
213          (iii) an LEA to demonstrate that the LEA plan can be fully funded by grant funds or a
214     combination of grant and local funds; and
215          (iv) an LEA to report on funds from expenses previous to the implementation of the
216     LEA plan that the LEA has redirected after implementation;
217          (b) establish an advisory committee to make recommendations on the program and
218     LEA plan requirements and report to the board; and
219          (c) in accordance with this part, approve LEA plans and award grants.
220          (3) (a) The board shall, subject to legislative appropriations, award a grant to an LEA:
221          (i) that submits an LEA plan that meets the requirements described in Subsection (4);
222     and
223          (ii) for which the LEA's leadership and management members have completed a digital
224     teaching and learning leadership and implementation training as provided in Subsection (3)(b).
225          (b) The board or its designee shall provide the training described in Subsection
226     (3)(a)(ii).
227          (4) The board shall establish requirements of an LEA plan that shall include:
228          (a) the results of the LEA's digital readiness assessment and a proposal to remedy an
229     obstacle to implementation or other issues identified in the assessment;
230          (b) a proposal to provide high quality professional learning for educators in the use of
231     digital teaching and learning technology;
232          (c) a proposal for leadership training and management restructuring, if necessary, for
233     successful implementation;
234          (d) clearly identified targets for improved student achievement, student learning, and
235     college readiness through digital teaching and learning; and
236          (e) any other requirement established by the board in rule in accordance with Title
237     63G, Chapter 3, Utah Administrative Rulemaking Act, including an application process and
238     metrics to analyze the quality of a proposed LEA plan.
239          (5) The board or the board's designee shall establish an interactive dashboard available
240     to each LEA that is awarded a grant for the LEA to track and report the LEA's long-term,
241     intermediate, and direct outcomes in realtime and for the LEA to use to create customized
242     reports.
243          (6) (a) There is no federal funding, federal requirement, federal education agreement,
244     or national program included or related to this state adopted program.
245          (b) Any inclusion of federal funding, federal requirement, federal education agreement,
246     or national program shall require separate express approval as provided in Title 53A, Chapter
247     1, Part 9, Implementing Federal or National Education Program Act.
248          Section 6. Section 53A-1-1406 is enacted to read:
249          53A-1-1406. Implementation assessment -- Board intervention.
250          (1) (a) An LEA that receives a grant as provided in Section 53A-1-1405 shall:
251          (i) subject to Subsection (1)(b), complete an implementation assessment for each year
252     that the LEA is expending grant money; and
253          (ii) (A) report the findings of the implementation assessment to the board; and
254          (B) submit to the board a plan to resolve issues raised in the implementation
255     assessment.
256          (b) Each school within the LEA shall:
257          (i) complete an implementation assessment; and
258          (ii) submit a compilation report that meets the requirements described in Subsections
259     (1)(a)(ii)(A) and (B).
260          (2) The board or the board's designee shall review an implementation assessment and
261     review each participating LEA's progress from the previous year, as applicable.
262          (3) The board shall establish interventions for an LEA that does not make progress on
263     implementation of the LEA's implementation plan, including:
264          (a) nonrenewal of, or time period extensions for, the LEA's grant;
265          (b) reduction of funds; or
266          (c) other interventions to assist the LEA.
267          Section 7. Section 53A-1-1407 is enacted to read:
268          53A-1-1407. Procurement -- Independent evaluator.
269          (1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the board shall
270     contract with an independent evaluator to:
271          (a) annually evaluate statewide direct and intermediate outcomes beginning the first
272     year that grants are awarded, including baseline data collection for long-term outcomes;
273          (b) in the fourth year after a grant is awarded, and each year thereafter, evaluate
274     statewide long-term outcomes; and
275          (c) report on the information described in Subsections (1)(a) and (b) to the board.
276          (2) (a) To implement an LEA plan, a contract, in accordance with Title 63G, Chapter
277     6a, Utah Procurement Code, or other agreement with one or more providers of technology
278     powered learning solutions and one or more providers of wireless networking solutions may be
279     entered into by:
280          (i) UETN, in cooperation with or on behalf of, as applicable, the board, the board's
281     designee, or an LEA; or
282          (ii) an LEA.
283          (b) A contract or agreement entered into under Subsection (2)(a) may be a contract or
284     agreement which:
285          (i) UETN enters into with a provider and payment for services is directly appropriated
286     by the Legislature, as funds are available, to UETN;
287          (ii) UETN enters into with a provider and pays for the provider's services and is
288     reimbursed for payments by an LEA that benefits from the services;
289          (iii) UETN negotiates the terms of on behalf of an LEA that enters into the contract or
290     agreement directly with the provider and the LEA pays directly for the provider's services; or
291          (iv) an LEA enters into directly, pays a provider, and receives preapproved
292     reimbursement from a UETN fund established for this purpose.
293          (c) If an LEA does not reimburse UETN in a reasonable time for services received
294     under a contract or agreement described in Subsection (2)(b), the board shall pay the balance
295     due to UETN from the LEA's funds received under Chapter 17a, Part 1, Minimum School
296     Program.
297          (d) If UETN negotiates or enters into an agreement as described in Subsection (2)(b)(ii)
298     or (2)(b)(iii), and UETN enters into an additional agreement with an LEA that is associated
299     with the agreement described in Subsection (2)(b)(ii) or (2)(b)(iii), the associated agreement
300     may be treated by UETN and the LEA as a cooperative procurement, as that term is defined in
301     Section 63G-6a-103, regardless of whether the associated agreement satisfies the requirements
302     of Section 63G-6a-2105.
303          Section 8. Section 63I-2-253 is amended to read:
304          63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
305          (1) Section 53A-1-403.5 is repealed July 1, 2017.
306          (2) Subsection 53A-1-410(5) is repealed July 1, 2015.
307          (3) Section 53A-1-411 is repealed July 1, 2017.
308          (4) Section 53A-1a-513.5 is repealed July 1, 2017.
309          (5) Section 53A-1-709 is repealed July 1, 2020.
310          [(5)] (6) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.
311          [(6)] (7) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
312     repealed July 1, 2017.
313          Section 9. Section 63I-2-263 is amended to read:
314          63I-2-263. Repeal dates, Title 63A to Title 63N.
315          (1) Section 63A-5-104.1 is repealed on January 1, 2016.
316          (2) Section 63C-9-501.1 is repealed on July 1, 2015.
317          (3) Title 63C, Chapter 15, Prison Relocation Commission, is repealed on January 1,
318     2016.
319          (4) Subsection 63N-3-103(1)(d) is repealed on July 1, 2015.
320          (5) Subsection 63N-3-109(2)(f)(i)(B) is repealed July 1, 2020.
321          (6) Section 63N-3-110 is repealed July 1, 2020.
322          [(5)] (7) Subsection 63N-12-208(3) is repealed on January 1, 2016.
323          Section 10. Appropriation.
324          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
325     the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following sums of money
326     are appropriated from resources not otherwise appropriated, or reduced from amounts
327     previously appropriated, out of the funds or amounts indicated. These sums of money are in
328     addition to amounts previously appropriated for fiscal year 2016.
329          To State Board of Education -- Minimum School Program -- Related to Basic School
330     Program -- Digital Teaching and Learning Program
331               From Education Fund, One-time Ŝ→ [
$750,000] $220,000 ←Ŝ

332               Schedule of Programs:
333                    Digital Teaching and Learning Program      Ŝ→ [$750,000] $220,000 ←Ŝ
334          The Legislature intends that Ŝ→ :
334a          (1) ←Ŝ the State Board of Education use Ŝ→ [$750,000] $220,000 ←Ŝ of the
335     appropriation under this section to administer and evaluate the program, provide professional
336     development and other assistance to LEAs, and contract with third party providers to assist
337     with the administration of the program as described in Title 53A, Chapter 1, Part 14, Digital
338     Teaching and Learning Grant Program Ŝ→ [.] ; and     
338a          (2) under Section 63J-1-603, the appropriations described in this section not lapse at the
338b     close of fiscal year 2016. ←Ŝ
339          Section 11. Appropriation.
340          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
341     the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
342     are appropriated from resources not otherwise appropriated, or reduced from amounts
343     previously appropriated, out of the funds or amounts indicated. These sums of money are in
344     addition to amounts previously appropriated for fiscal year 2017.
345          Item 1 To State Board of Education -- Minimum School Program -- Related to Basic
346     School Program -- Digital Teaching and Learning Program
347               From Education Fund Ŝ→ [
$47,500,000] $9,840,000 ←Ŝ

348               From Education Fund, One-time Ŝ→ [
$24,250,000] $3,780,000 ←Ŝ

349               Schedule of Programs:
350                    Digital Teaching and Learning Program Ŝ→ [$71,750,000] $13,620,000 ←Ŝ
351          Item 2 To Utah Education and Telehealth Network -- Digital Teaching and Learning
352     Program
353               From Education Fund Ŝ→ [
$500,000] $160,000 ←Ŝ

354               From Education Fund, One-time Ŝ→ [
$23,000,000] $1,000,000 ←Ŝ

355               Schedule of Programs:
356                    Digital Teaching and Learning Program Ŝ→ [$23,500,000] $1,160,000 ←Ŝ
357          The Legislature intends that:
358          (1) except as provided in Subsection (2) Ŝ→ or (3) ←Ŝ , the State Board of Education use
358a     the
359     appropriation to the State Board of Education under this section to distribute money to LEAs as
360     part of the grant program described in Title 53A, Chapter 1, Part 14, Digital Teaching and
361     Learning Grant Program;
362          (2) the State Board of Education may use up to Ŝ→ [$2,250,000] $187,600 ←Ŝ of the
362a     ongoing
363     appropriation to the State Board of Education to administer and evaluate the program, Ŝ→ and ←Ŝ
363a      provide Ŝ→ other assistance to LEAs; ←Ŝ
364     Ŝ→      (3) the State Board of Education may use up to Ŝ→ [$780,00] $780,000 ←Ŝ of the one-
364a1     time appropriation to
364a     the State Board of Education to administer and evaluate the program, provide ←Ŝ
364b     professional development Ŝ→ [and other assistance to LEAs] ←Ŝ , and contract with third party
364c     providers
365     to assist with the administration of the program as described in Title 53A, Chapter 1, Part 14,
366     Digital Teaching and Learning Grant Program;
367          Ŝ→ [(3)] (4) ←Ŝ the Utah Education and Telehealth Network may use up to Ŝ→ [$500,000]
367a     $160,000 ←Ŝ of the ongoing
368     appropriation to the Utah Education and Telehealth Network to administer the program;
369          Ŝ→ [(4)] (5) ←Ŝ the Utah Education and Telehealth Network use the Ŝ→ [$23,000,000]
369a     $1,000,000 ←Ŝ one-time
370     appropriation to the Utah Education and Telehealth Network for infrastructure and other
371     technology for LEAs; and
372          Ŝ→ [(5)] (6) ←Ŝ under Section 63J-1-603, the appropriations described in this section Ŝ→ :
372a          (a) ←Ŝ not lapse at
373     the close of fiscal year 2017 Ŝ→ [.] ; and
373a          (b) may be used in fiscal year 2018, 2019, or 2020. ←Ŝ
374          Section 12. Effective date.
375          If approved by two-thirds of all the members elected to each house, this bill takes effect
376     upon approval by the governor, or the day following the constitutional time limit of Utah
377     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
378     the date of veto override.
379          Section 13. Coordinating H.B. 277 with H.B. 28 -- Modifying substantive
380     language -- Changing technical cross references.
381          If this H.B. 277 and H.B. 28, Grants for Educator Professional Learning, both pass and
382     become law, it is the intent of the Legislature that the Office of Legislative Research and
383     General Counsel prepare the Utah Code database for publication by changing references in:
384          (1) Subsection 53A-1-1402(4), Subsections 53A-1-1403(2) and (3), and Subsection
385     53A-1-1405(4) from "high quality professional learning" to "effective professional learning";
386     and
387          (2) Subsection 53A-1-1402(4) from Section "53A-3-701" to Section "53A-15-1703".