This document includes House Committee Amendments incorporated into the bill on Mon, Mar 6, 2017 at 3:36 PM by ryoung.
This document includes House Committee Amendments incorporated into the bill on Thu, Mar 9, 2017 at 10:03 PM by ryoung.
1     
UPSTART AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: J. Stuart Adams

5     
House Sponsor: Bradley G. Last

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the UPSTART program.
10     Highlighted Provisions:
11          This bill:
12          ▸     repeals provisions describing UPSTART as a pilot program, including provisions
13     that would have repealed the UPSTART program;
14          ▸     requires the State Board of Education to issue a request for two-year pilot proposals
15     from certain educational technology providers;
16          ▸     requires a contractor to work with the Department of Workforce Services and the
17     State Board of Education to solicit certain families to participate in UPSTART; Ĥ→ [and]
17a      ▸ authorizes a contractor to request certain information to verify an individual's
17b     income; and ←Ĥ
18          ▸     makes technical corrections.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          53A-1a-1001, as last amended by Laws of Utah 2014, Chapter 102
26          53A-1a-1002, as last amended by Laws of Utah 2014, Chapter 102
27          53A-1a-1003, as enacted by Laws of Utah 2008, Chapter 397
28          53A-1a-1004, as last amended by Laws of Utah 2014, Chapter 102
29          63I-2-253, as last amended by Laws of Utah 2016, Chapters 128, 229, 236, 271, and
30     318
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53A-1a-1001 is amended to read:
34          53A-1a-1001. Definitions.
35          As used in this part:
36          (1) "Contractor" means the educational technology provider selected by the State Board
37     of Education under Section 53A-1a-1002.
38          (2) "Low income" means an income below 185% of the federal poverty guideline.
39          (3) "Preschool children" means children who are:
40          (a) age four or five; and
41          (b) have not entered kindergarten.
42          (4) "UPSTART" means the [pilot] project established by Section 53A-1a-1002 that
43     uses a home-based educational technology program to develop school readiness skills of
44     preschool children.
45          Section 2. Section 53A-1a-1002 is amended to read:
46          53A-1a-1002. UPSTART program to develop school readiness skills of preschool
47     children.
48          (1) UPSTART, a [pilot] project that uses a home-based educational technology
49     program to develop school readiness skills of preschool children, is established within the
50     public education system.
51          (2) UPSTART is created to:
52          (a) evaluate the effectiveness of giving preschool children access, at home, to
53     interactive individualized instruction delivered by computers and the Internet to prepare them
54     academically for success in school; and
55          (b) test the feasibility of scaling a home-based curriculum in reading, math, and science
56     delivered by computers and the Internet to all preschool children in Utah.
57          (3) (a) The State Board of Education shall contract with an educational technology
58     provider, selected through a request for proposals process, for the delivery of a home-based
59     educational technology program for preschool children that meets the requirements of
60     Subsection (4).
61          (b) (i) The State Board of Education shall, on or before July 1, 2019, issue a request for
62     proposals for two-year pilot proposals from one or more educational technology providers that
63     do not have an existing contract under this part with the state for the delivery of a home-based
64     educational technology program for preschool children that meets the requirements of
65     Subsection (4).
66          (ii) After the two-year pilots described in Subsection (3)(b)(i), the State Board of
67     Education may enter into a contract with one or more educational technology providers that
68     have participated in a Utah pilot.
69          (c) Every five years after July 1, 2021, the State Board of Education may issue a new
70     request for proposals described in this section.
71          (4) A home-based educational technology program for preschool children shall meet
72     the following standards:
73          (a) the contractor shall provide computer-assisted instruction for preschool children on
74     a home computer connected by the Internet to a centralized file storage facility;
75          (b) the contractor shall:
76          (i) provide technical support to families for the installation and operation of the
77     instructional software; and
78          (ii) provide for the installation of computer and Internet access in homes of low income
79     families that cannot afford the equipment and service;
80          (c) the contractor shall have the capability of doing the following through the Internet:
81          (i) communicating with parents;
82          (ii) updating the instructional software;
83          (iii) validating user access;
84          (iv) collecting usage data;
85          (v) storing research data; and
86          (vi) producing reports for parents, schools, and the Legislature;
87          (d) the program shall include the following components:
88          (i) computer-assisted, individualized instruction in reading, mathematics, and science;
89          (ii) a multisensory reading tutoring program; and
90          (iii) a validated computer adaptive reading test that does not require the presence of
91     trained adults to administer and is an accurate indicator of reading readiness of children who
92     cannot read;
93          (e) the contractor shall have the capability to quickly and efficiently modify, improve,
94     and support the product;
95          (f) the contractor shall work in cooperation with school district personnel who will
96     provide administrative and technical support of the program as provided in Section
97     53A-1a-1003;
98          (g) the contractor shall solicit families to participate in the program as provided in
99     Section 53A-1a-1004; and
100          (h) in implementing the home-based educational technology program, the contractor
101     shall seek the advise and expertise of early childhood education professionals within the Utah
102     System of Higher Education on issues such as:
103          (i) soliciting families to participate in the program;
104          (ii) providing training to families; and
105          (iii) motivating families to regularly use the instructional software.
106          (5) (a) The contract shall provide funding for a home-based educational technology
107     program for preschool children [for one year with an option to extend the contract for
108     additional years or to expand the program to a greater number of preschool children], subject to
109     the appropriation of money by the Legislature for UPSTART.
110          (b) An appropriation for a request for proposals described in Subsection (3)(b)(i) shall
111     be separate from an appropriation described in Subsection (5)(a).
112          [(6) (a) The State Board of Education shall issue a request for proposals for a
113     home-based educational technology program for preschool children that takes effect upon the
114     expiration of the pilot project on July 1, 2019, provided that the Legislature reauthorizes and
115     funds the program.]
116          [(b)] (6) The State Board of Education shall evaluate a proposal based on:
117          [(i)] (a) whether the home-based educational technology program meets the standards
118     specified in Subsection (4);
119          [(ii)] (b) the results of an independent evaluation of the home-based educational
120     technology program;
121          [(iii)] (c) the experience of the home-based educational technology program provider;
122     and
123          [(iv)] (d) the per pupil cost of the home-based educational technology program.
124          Section 3. Section 53A-1a-1003 is amended to read:
125          53A-1a-1003. School district participation in UPSTART.
126          (1) A school district may participate in UPSTART if the local school board agrees to
127     work in cooperation with the contractor to provide administrative and technical support for [the
128     pilot project] UPSTART.
129          (2) Family participants in UPSTART shall be solicited from school districts that
130     participate in UPSTART.
131          (3) A school district that participates in UPSTART shall:
132          (a) receive funding for:
133          (i) paraprofessional and technical support staff; and
134          (ii) travel, materials, and meeting costs of the program;
135          (b) participate in program training by the contractor; and
136          (c) agree to adopt standardized policies and procedures in implementing [the pilot
137     project] UPSTART.
138          Section 4. Section 53A-1a-1004 is amended to read:
139          53A-1a-1004. Family participation in UPSTART Ĥ→ - Low income family
139a     verification ←Ĥ .
140          (1) The contractor shall:
141          (a) solicit families to participate in UPSTART through a public information campaign
142     and referrals from participating school districts[.]; and
143          (b) work with the Department of Workforce Services and the State Board of Education
144     to solicit participation from families of children experiencing intergenerational poverty, as
145     defined in Section 35A-9-102, to participate in UPSTART.
146          (2) (a) Preschool children who participate in UPSTART shall:
147          (i) be from families with diverse socioeconomic and ethnic backgrounds; [and]
148          (ii) reside in different regions of the state in both urban and rural areas[.]; and
149          (iii) be given preference to participate if the preschool child's family resides in a rural
150     area with limited prekindergarten services.
151          (b) (i) If the number of families who would like to participate in UPSTART exceeds
152     the number of participants funded by the legislative appropriation, the contractor shall give
153     priority to preschool children from low income families and preschool children who are
154     English language learners.
155          (ii) At least 30% of the preschool children who participate in UPSTART shall be from
156     low income families.
157          (3) A low income family that cannot afford a computer and Internet service to operate
158     the instructional software may obtain a computer and peripheral equipment on loan and receive
159     free Internet service for the duration of the family's participation in [the pilot project]
160     UPSTART.
161          (4) (a) The contractor shall make the home-based educational technology program
162     available to families at a cost agreed upon by the State Board of Education and the contractor if
163     the number of families who would like to participate in UPSTART exceeds the number of
164     participants funded by the legislative appropriation.
165          (b) The State Board of Education and the contractor shall annually post on their
166     websites information on purchasing a home-based educational technology program as provided
167     in Subsection (4)(a).
167a      Ĥ→ (5)(a) The contrator shall:
167b      (i) determine if a family is a low income family for purposes of this part; and
167c      (ii) use the same application form as described in Section 35A-9-401 or create an
167d     application form that requires an individual to provide and certify the information necessary
167e     for the contractor to make the determination described in Subsection (5)(a)(i).
167f      (b) The contractor may:
167g      (i) require an individual to submit supporting documentation; and
167h      (ii) create a deadline for an individual to submit an application, if necessary. ←Ĥ
168          Section 5. Section 63I-2-253 is amended to read:
169          63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
170          (1) Section 53A-1-403.5 is repealed July 1, 2017.
171          (2) Section 53A-1-411 is repealed July 1, 2017.
172          (3) Section 53A-1-709 is repealed July 1, 2020.
173          (4) Subsection 53A-1a-513(4) is repealed July 1, 2017.
174          (5) Section 53A-1a-513.5 is repealed July 1, 2017.
175          [(6) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.]
176          [(7)] (6) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
177     repealed July 1, 2017.
178          [(8)] (7) Sections 53A-24-601 and 53A-24-602 are repealed January 1, 2018.
179          [(9)] (8) (a) Subsections 53B-2a-103(2) and (4) are repealed July 1, 2019.
180          (b) When repealing Subsections 53B-2a-103(2) and (4), the Office of Legislative
181     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
182     make necessary changes to subsection numbering and cross references.
183          [(10)] (9) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
184     repealed July 1, 2023.




Legislative Review Note
Office of Legislative Research and General Counsel