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, $220,000;

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, $9,840,000;
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 the Education Fund, $3,780,000;
38          ▸     to the Utah Education and Telehealth Network -- Digital Teaching and Learning
39     Program, as an ongoing appropriation:
40               •     from the Education Fund, $160,000; and
41          ▸     to the Utah Education and Telehealth Network -- Digital Teaching and Learning
42     Program, as a one-time appropriation:
43               •     from the Education Fund, $1,000,000.
44     Other Special Clauses:
45          None
46     Utah Code Sections Affected:
47     AMENDS:
48          63I-2-253, as last amended by Laws of Utah 2015, Chapters 258, 418, and 456
49          63I-2-263, as last amended by Laws of Utah 2015, Chapters 182, 258, 283, 292, and
50     297
51     ENACTS:
52          53A-1-1401, Utah Code Annotated 1953
53          53A-1-1402, Utah Code Annotated 1953
54          53A-1-1404, Utah Code Annotated 1953
55          53A-1-1405, Utah Code Annotated 1953
56          53A-1-1406, Utah Code Annotated 1953
57          53A-1-1407, Utah Code Annotated 1953

58     RENUMBERS AND AMENDS:
59          53A-1-1403, (Renumbered from 53A-1-710, as enacted by Laws of Utah 2015, Chapter
60     446)
61     Utah Code Sections Affected by Coordination Clause:
62          53A-1-1402, Utah Code Annotated 1953
63          53A-1-1403, Utah Code Annotated 1953
64          53A-1-1405, Utah Code Annotated 1953
65     

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

69          53A-1-1401. Title.
70          This part is known as "Digital Teaching and Learning Grant Program."
71          Section 2. Section 53A-1-1402 is enacted to read:
72          53A-1-1402. Definitions.
73          As used in this part:
74          (1) "Advisory committee" means the committee established by the board under Section
75     53A-1-1406.
76          (2) "Board" means the State Board of Education.
77          (3) "Digital readiness assessment" means an assessment provided by the board that:
78          (a) is completed by an LEA analyzing an LEA's readiness to incorporate
79     comprehensive digital teaching and learning; and
80          (b) informs the preparation of an LEA's plan for incorporating comprehensive digital
81     teaching and learning.
82          (4) "High quality professional learning" means the professional learning standards
83     described in Section 53A-3-701.
84          (5) "Implementation assessment" means an assessment that analyzes an LEA's
85     implementation of an LEA plan, including identifying areas for improvement, obstacles to

86     implementation, progress toward the achievement of stated goals, and recommendations going
87     forward.
88          (6) "LEA plan" means an LEA's plan to implement a digital teaching and learning
89     program that meets the requirements of this section and requirements set forth by the board and
90     the advisory committee.
91          (7) "Local education agency" or "LEA" means:
92          (a) a school district;
93          (b) a charter school; or
94          (c) the Utah Schools for the Deaf and the Blind.
95          (8) "Program" means the Digital Teaching and Learning Grant Program established in
96     this part and as described in a proposal adopted by the digital teaching and learning task force
97     in accordance with Section 53A-1-1403.
98          (9) "Utah Education and Telehealth Network" or "UETN" means the Utah Education
99     and Telehealth Network created in Section 53B-17-105.
100          Section 3. Section 53A-1-1403, which is renumbered from Section 53A-1-710 is
101     renumbered and amended to read:
102          [53A-1-710].      53A-1-1403. Digital teaching and learning program task
103     force -- Funding proposal for a program -- Master plan -- Reporting requirements.
104          [(1) As used in this section:]
105          [(a) "Board" means the State Board of Education.]
106          [(b) "Core subject areas" means the following subject areas:]
107          [(i) English language arts;]
108          [(ii) mathematics;]
109          [(iii) science; and]
110          [(iv) social studies.]
111          [(c) "High quality professional learning" means the professional learning standards
112     described in Section 53A-3-701.]
113          [(d) "LEA plan" means an LEA's plan to implement a digital teaching and learning

114     program that meets requirements set by the board.]
115          [(e) "Local education agency" or "LEA" means:]
116          [(i) a school district;]
117          [(ii) a charter school; or]
118          [(iii) the Utah Schools for the Deaf and the Blind.]
119          [(f) "Statewide assessment" means a test of student achievement in English language
120     arts, mathematics, or science, including a test administered in a computer adaptive format,
121     which is administered statewide under Part 6, Achievement Tests.]
122          [(g) "Utah Education and Telehealth Network" or "UETN" means the Utah Education
123     and Telehealth Network created in Section 53B-17-105.]
124          [(2)] (1) (a) The board shall establish a digital teaching and learning task force to
125     develop a funding proposal to present to the Legislature for digital teaching and learning in
126     elementary and secondary schools.
127          (b) The digital teaching and learning task force shall include representatives of:
128          (i) the board;
129          (ii) UETN;
130          (iii) LEAs; and
131          (iv) the Governor's Education Excellence Commission.
132          [(3)] (2) (a) The board, in consultation with the digital teaching and learning task force
133     created in Subsection [(2)] (1), shall create a funding proposal for a statewide digital teaching
134     and learning program designed to:
135          (i) improve student outcomes through the use of digital teaching and learning
136     technology; and
137          (ii) provide high quality professional learning for educators to improve student
138     outcomes through the use of digital teaching and learning technology.
139          (b) The board shall:
140          (i) identify outcome based metrics to measure student achievement related to a digital
141     teaching and learning program; and

142          (ii) develop minimum benchmark standards for student achievement and school level
143     outcomes to measure successful implementation of a digital teaching and learning program.
144          [(4)] (3) As funding allows, the board shall develop a master plan for a statewide
145     digital teaching and learning program, including the following:
146          (a) a statement of purpose that describes the objectives or goals the board will
147     accomplish by implementing a digital teaching and learning program;
148          (b) a forecast for fundamental components needed to implement a digital teaching and
149     learning program, including a forecast for:
150          (i) student and teacher devices;
151          (ii) Wi-Fi and wireless compatible technology;
152          (iii) curriculum software;
153          (iv) assessment solutions;
154          (v) technical support;
155          (vi) change management of LEAs;
156          (vii) high quality professional learning;
157          (viii) Internet delivery and capacity; and
158          (ix) security and privacy of users;
159          (c) a determination of the requirements for:
160          (i) statewide technology infrastructure; and
161          (ii) local LEA technology infrastructure;
162          (d) standards for high quality professional learning related to implementing and
163     maintaining a digital teaching and learning program;
164          (e) a statewide technical support plan that will guide the implementation and
165     maintenance of a digital teaching and learning program, including standards and competency
166     requirements for technical support personnel;
167          (f) (i) a grant program for LEAs; or
168          (ii) a distribution formula to fund LEA digital teaching and learning programs;
169          (g) in consultation with UETN, an inventory of the state public education system's

170     current technology resources and other items and a plan to integrate those resources into a
171     digital teaching and learning program;
172          (h) an ongoing evaluation process that is overseen by the board;
173          (i) proposed rules that incorporate the principles of the master plan into the state's
174     public education system as a whole; and
175          (j) a plan to ensure long-term sustainability that:
176          (i) accounts for the financial impacts of a digital teaching and learning program; and
177          (ii) facilitates the redirection of LEA savings that arise from implementing a digital
178     teaching and learning program.
179          [(5)] (4) UETN shall:
180          (a) in consultation with the board, conduct an inventory of the state public education
181     system's current technology resources and other items as determined by UETN, including
182     software;
183          (b) perform an engineering study to determine the technology infrastructure needs of
184     the public education system to implement a digital teaching and learning program, including
185     the infrastructure needed for the board, UETN, and LEAs; and
186          (c) as funding allows, provide infrastructure and technology support for school districts
187     and charter schools.
188          [(6)] (5) On or before December 1, 2015, the board and UETN shall present the
189     funding proposal for a statewide digital teaching and learning program described in Subsection
190     [(3)] (2) to the Education Interim Committee and the Executive Appropriations Committee,
191     including:
192          (a) the board's progress on the development of a master plan described in Subsection
193     [(4)] (3); and
194          (b) the progress of UETN on the inventory and study described in Subsection [(5)] (4).
195          Section 4. Section 53A-1-1404 is enacted to read:
196          53A-1-1404. Readiness assessments.
197          Beginning July 1, 2016, and ending July 1, 2021, each LEA, including each school

198     within an LEA, shall annually complete a digital readiness assessment.
199          Section 5. Section 53A-1-1405 is enacted to read:
200          53A-1-1405. Digital Teaching and Learning Grant Program -- Board duties --
201     Advisory committee -- LEA plan requirements.
202          (1) There is created the Digital Teaching and Learning Grant Program to improve
203     educational outcomes in public schools by effectively incorporating comprehensive digital
204     teaching and learning technology.
205          (2) The board shall:
206          (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
207     adopt rules for the administration of the program, including rules requiring:
208          (i) an LEA plan to include measures to ensure that the LEA monitors and implements
209     technology with best practices, including the recommended use for effectiveness;
210          (ii) an LEA plan to include robust goals for learning outcomes and appropriate
211     measurements of goal achievement;
212          (iii) an LEA to demonstrate that the LEA plan can be fully funded by grant funds or a
213     combination of grant and local funds; and
214          (iv) an LEA to report on funds from expenses previous to the implementation of the
215     LEA plan that the LEA has redirected after implementation;
216          (b) establish an advisory committee to make recommendations on the program and
217     LEA plan requirements and report to the board; and
218          (c) in accordance with this part, approve LEA plans and award grants.
219          (3) (a) The board shall, subject to legislative appropriations, award a grant to an LEA:
220          (i) that submits an LEA plan that meets the requirements described in Subsection (4);
221     and
222          (ii) for which the LEA's leadership and management members have completed a digital
223     teaching and learning leadership and implementation training as provided in Subsection (3)(b).
224          (b) The board or its designee shall provide the training described in Subsection
225     (3)(a)(ii).

226          (4) The board shall establish requirements of an LEA plan that shall include:
227          (a) the results of the LEA's digital readiness assessment and a proposal to remedy an
228     obstacle to implementation or other issues identified in the assessment;
229          (b) a proposal to provide high quality professional learning for educators in the use of
230     digital teaching and learning technology;
231          (c) a proposal for leadership training and management restructuring, if necessary, for
232     successful implementation;
233          (d) clearly identified targets for improved student achievement, student learning, and
234     college readiness through digital teaching and learning; and
235          (e) any other requirement established by the board in rule in accordance with Title
236     63G, Chapter 3, Utah Administrative Rulemaking Act, including an application process and
237     metrics to analyze the quality of a proposed LEA plan.
238          (5) The board or the board's designee shall establish an interactive dashboard available
239     to each LEA that is awarded a grant for the LEA to track and report the LEA's long-term,
240     intermediate, and direct outcomes in realtime and for the LEA to use to create customized
241     reports.
242          (6) (a) There is no federal funding, federal requirement, federal education agreement,
243     or national program included or related to this state adopted program.
244          (b) Any inclusion of federal funding, federal requirement, federal education agreement,
245     or national program shall require separate express approval as provided in Title 53A, Chapter
246     1, Part 9, Implementing Federal or National Education Program Act.
247          Section 6. Section 53A-1-1406 is enacted to read:
248          53A-1-1406. Implementation assessment -- Board intervention.
249          (1) (a) An LEA that receives a grant as provided in Section 53A-1-1405 shall:
250          (i) subject to Subsection (1)(b), complete an implementation assessment for each year
251     that the LEA is expending grant money; and
252          (ii) (A) report the findings of the implementation assessment to the board; and
253          (B) submit to the board a plan to resolve issues raised in the implementation

254     assessment.
255          (b) Each school within the LEA shall:
256          (i) complete an implementation assessment; and
257          (ii) submit a compilation report that meets the requirements described in Subsections
258     (1)(a)(ii)(A) and (B).
259          (2) The board or the board's designee shall review an implementation assessment and
260     review each participating LEA's progress from the previous year, as applicable.
261          (3) The board shall establish interventions for an LEA that does not make progress on
262     implementation of the LEA's implementation plan, including:
263          (a) nonrenewal of, or time period extensions for, the LEA's grant;
264          (b) reduction of funds; or
265          (c) other interventions to assist the LEA.
266          Section 7. Section 53A-1-1407 is enacted to read:
267          53A-1-1407. Procurement -- Independent evaluator.
268          (1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the board shall
269     contract with an independent evaluator to:
270          (a) annually evaluate statewide direct and intermediate outcomes beginning the first
271     year that grants are awarded, including baseline data collection for long-term outcomes;
272          (b) in the fourth year after a grant is awarded, and each year thereafter, evaluate
273     statewide long-term outcomes; and
274          (c) report on the information described in Subsections (1)(a) and (b) to the board.
275          (2) (a) To implement an LEA plan, a contract, in accordance with Title 63G, Chapter
276     6a, Utah Procurement Code, or other agreement with one or more providers of technology
277     powered learning solutions and one or more providers of wireless networking solutions may be
278     entered into by:
279          (i) UETN, in cooperation with or on behalf of, as applicable, the board, the board's
280     designee, or an LEA; or
281          (ii) an LEA.

282          (b) A contract or agreement entered into under Subsection (2)(a) may be a contract or
283     agreement which:
284          (i) UETN enters into with a provider and payment for services is directly appropriated
285     by the Legislature, as funds are available, to UETN;
286          (ii) UETN enters into with a provider and pays for the provider's services and is
287     reimbursed for payments by an LEA that benefits from the services;
288          (iii) UETN negotiates the terms of on behalf of an LEA that enters into the contract or
289     agreement directly with the provider and the LEA pays directly for the provider's services; or
290          (iv) an LEA enters into directly, pays a provider, and receives preapproved
291     reimbursement from a UETN fund established for this purpose.
292          (c) If an LEA does not reimburse UETN in a reasonable time for services received
293     under a contract or agreement described in Subsection (2)(b), the board shall pay the balance
294     due to UETN from the LEA's funds received under Chapter 17a, Part 1, Minimum School
295     Program.
296          (d) If UETN negotiates or enters into an agreement as described in Subsection (2)(b)(ii)
297     or (2)(b)(iii), and UETN enters into an additional agreement with an LEA that is associated
298     with the agreement described in Subsection (2)(b)(ii) or (2)(b)(iii), the associated agreement
299     may be treated by UETN and the LEA as a cooperative procurement, as that term is defined in
300     Section 63G-6a-103, regardless of whether the associated agreement satisfies the requirements
301     of Section 63G-6a-2105.
302          Section 8. Section 63I-2-253 is amended to read:
303          63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
304          (1) Section 53A-1-403.5 is repealed July 1, 2017.
305          (2) Subsection 53A-1-410(5) is repealed July 1, 2015.
306          (3) Section 53A-1-411 is repealed July 1, 2017.
307          (4) Section 53A-1a-513.5 is repealed July 1, 2017.
308          (5) Section 53A-1-709 is repealed July 1, 2020.
309          [(5)] (6) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.

310          [(6)] (7) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
311     repealed July 1, 2017.
312          Section 9. Section 63I-2-263 is amended to read:
313          63I-2-263. Repeal dates, Title 63A to Title 63N.
314          (1) Section 63A-5-104.1 is repealed on January 1, 2016.
315          (2) Section 63C-9-501.1 is repealed on July 1, 2015.
316          (3) Title 63C, Chapter 15, Prison Relocation Commission, is repealed on January 1,
317     2016.
318          (4) Subsection 63N-3-103(1)(d) is repealed on July 1, 2015.
319          (5) Subsection 63N-3-109(2)(f)(i)(B) is repealed July 1, 2020.
320          (6) Section 63N-3-110 is repealed July 1, 2020.
321          [(5)] (7) Subsection 63N-12-208(3) is repealed on January 1, 2016.
322          Section 10. Appropriation.
323          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
324     the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following sums of money
325     are appropriated from resources not otherwise appropriated, or reduced from amounts
326     previously appropriated, out of the funds or amounts indicated. These sums of money are in
327     addition to amounts previously appropriated for fiscal year 2016.
328          To State Board of Education -- Minimum School Program -- Related to Basic School
329     Program -- Digital Teaching and Learning Program
330               From Education Fund, One-time
$220,000

331               Schedule of Programs:
332                    Digital Teaching and Learning Program          $220,000
333          The Legislature intends that:
334          (1) the State Board of Education use $220,000 of the appropriation under this section
335     to administer and evaluate the program, provide professional development and other assistance
336     to LEAs, and contract with third party providers to assist with the administration of the
337     program as described in Title 53A, Chapter 1, Part 14, Digital Teaching and Learning Grant

338     Program; and
339          (2) under Section 63J-1-603, the appropriations described in this section not lapse at
340     the close of fiscal year 2016.
341          Section 11. Appropriation.
342          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
343     the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
344     are appropriated from resources not otherwise appropriated, or reduced from amounts
345     previously appropriated, out of the funds or amounts indicated. These sums of money are in
346     addition to amounts previously appropriated for fiscal year 2017.
347          Item 1 To State Board of Education -- Minimum School Program -- Related to Basic
348     School Program -- Digital Teaching and Learning Program
349               From Education Fund
$9,840,000

350               From Education Fund, One-time
$3,780,000

351               Schedule of Programs:
352                    Digital Teaching and Learning Program          $13,620,000
353          Item 2 To Utah Education and Telehealth Network -- Digital Teaching and Learning
354     Program
355               From Education Fund
$160,000

356               From Education Fund, One-time
$1,000,000

357               Schedule of Programs:
358                    Digital Teaching and Learning Program          $1,160,000
359          The Legislature intends that:
360          (1) except as provided in Subsection (2) or (3), the State Board of Education use the
361     appropriation to the State Board of Education under this section to distribute money to LEAs as
362     part of the grant program described in Title 53A, Chapter 1, Part 14, Digital Teaching and
363     Learning Grant Program;
364          (2) the State Board of Education may use up to $187,600 of the ongoing appropriation
365     to the State Board of Education to administer and evaluate the program, and provide other

366     assistance to LEAs;
367          (3) the State Board of Education may use up to $780,000 of the one-time appropriation
368     to the State Board of Education to administer and evaluate the program, provide professional
369     development, and contract with third party providers to assist with the administration of the
370     program as described in Title 53A, Chapter 1, Part 14, Digital Teaching and Learning Grant
371     Program;
372          (4) the Utah Education and Telehealth Network may use up to $160,000 of the ongoing
373     appropriation to the Utah Education and Telehealth Network to administer the program;
374          (5) the Utah Education and Telehealth Network use the $1,000,000 one-time
375     appropriation to the Utah Education and Telehealth Network for infrastructure and other
376     technology for LEAs; and
377          (6) under Section 63J-1-603, the appropriations described in this section:
378          (a) not lapse at the close of fiscal year 2017; and
379          (b) may be used in fiscal year 2018, 2019, or 2020.