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13     that would have repealed the UPSTART program;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;
18          ▸     authorizes a contractor to request certain information to verify an individual's
19     income; and
20          ▸     makes technical corrections.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          53A-1a-1001, as last amended by Laws of Utah 2014, Chapter 102
28          53A-1a-1002, as last amended by Laws of Utah 2014, Chapter 102
29          53A-1a-1003, as enacted by Laws of Utah 2008, Chapter 397
30          53A-1a-1004, as last amended by Laws of Utah 2014, Chapter 102
31          63I-2-253, as last amended by Laws of Utah 2016, Chapters 128, 229, 236, 271, and
32     318
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 53A-1a-1001 is amended to read:
36          53A-1a-1001. Definitions.
37          As used in this part:
38          (1) "Contractor" means the educational technology provider selected by the State Board
39     of Education under Section 53A-1a-1002.
40          (2) "Low income" means an income below 185% of the federal poverty guideline.
41          (3) "Preschool children" means children who are:
42          (a) age four or five; and
43          (b) have not entered kindergarten.
44          (4) "UPSTART" means the [pilot] project established by Section 53A-1a-1002 that
45     uses a home-based educational technology program to develop school readiness skills of
46     preschool children.
47          Section 2. Section 53A-1a-1002 is amended to read:
48          53A-1a-1002. UPSTART program to develop school readiness skills of preschool
49     children.
50          (1) UPSTART, a [pilot] project that uses a home-based educational technology
51     program to develop school readiness skills of preschool children, is established within the
52     public education system.
53          (2) UPSTART is created to:
54          (a) evaluate the effectiveness of giving preschool children access, at home, to
55     interactive individualized instruction delivered by computers and the Internet to prepare them
56     academically for success in school; and
57          (b) test the feasibility of scaling a home-based curriculum in reading, math, and science
58     delivered by computers and the Internet to all preschool children in Utah.
59          (3) (a) The State Board of Education shall contract with an educational technology
60     provider, selected through a request for proposals process, for the delivery of a home-based
61     educational technology program for preschool children that meets the requirements of
62     Subsection (4).
63          (b) (i) The State Board of Education shall, on or before July 1, 2019, issue a request for
64     proposals for two-year pilot proposals from one or more educational technology providers that
65     do not have an existing contract under this part with the state for the delivery of a home-based
66     educational technology program for preschool children that meets the requirements of
67     Subsection (4).
68          (ii) After the two-year pilots described in Subsection (3)(b)(i), the State Board of
69     Education may enter into a contract with one or more educational technology providers that
70     have participated in a Utah pilot.
71          (c) Every five years after July 1, 2021, the State Board of Education may issue a new
72     request for proposals described in this section.
73          (4) A home-based educational technology program for preschool children shall meet
74     the following standards:
75          (a) the contractor shall provide computer-assisted instruction for preschool children on
76     a home computer connected by the Internet to a centralized file storage facility;
77          (b) the contractor shall:
78          (i) provide technical support to families for the installation and operation of the
79     instructional software; and
80          (ii) provide for the installation of computer and Internet access in homes of low income
81     families that cannot afford the equipment and service;
82          (c) the contractor shall have the capability of doing the following through the Internet:
83          (i) communicating with parents;
84          (ii) updating the instructional software;
85          (iii) validating user access;
86          (iv) collecting usage data;
87          (v) storing research data; and
88          (vi) producing reports for parents, schools, and the Legislature;
89          (d) the program shall include the following components:
90          (i) computer-assisted, individualized instruction in reading, mathematics, and science;
91          (ii) a multisensory reading tutoring program; and
92          (iii) a validated computer adaptive reading test that does not require the presence of
93     trained adults to administer and is an accurate indicator of reading readiness of children who
94     cannot read;
95          (e) the contractor shall have the capability to quickly and efficiently modify, improve,
96     and support the product;
97          (f) the contractor shall work in cooperation with school district personnel who will
98     provide administrative and technical support of the program as provided in Section
99     53A-1a-1003;
100          (g) the contractor shall solicit families to participate in the program as provided in
101     Section 53A-1a-1004; and
102          (h) in implementing the home-based educational technology program, the contractor
103     shall seek the advise and expertise of early childhood education professionals within the Utah
104     System of Higher Education on issues such as:
105          (i) soliciting families to participate in the program;
106          (ii) providing training to families; and
107          (iii) motivating families to regularly use the instructional software.
108          (5) (a) The contract shall provide funding for a home-based educational technology
109     program for preschool children [for one year with an option to extend the contract for
110     additional years or to expand the program to a greater number of preschool children], subject to
111     the appropriation of money by the Legislature for UPSTART.
112          (b) An appropriation for a request for proposals described in Subsection (3)(b)(i) shall
113     be separate from an appropriation described in Subsection (5)(a).
114          [(6) (a) The State Board of Education shall issue a request for proposals for a
115     home-based educational technology program for preschool children that takes effect upon the
116     expiration of the pilot project on July 1, 2019, provided that the Legislature reauthorizes and
117     funds the program.]
118          [(b)] (6) The State Board of Education shall evaluate a proposal based on:
119          [(i)] (a) whether the home-based educational technology program meets the standards
120     specified in Subsection (4);
121          [(ii)] (b) the results of an independent evaluation of the home-based educational
122     technology program;
123          [(iii)] (c) the experience of the home-based educational technology program provider;
124     and
125          [(iv)] (d) the per pupil cost of the home-based educational technology program.
126          Section 3. Section 53A-1a-1003 is amended to read:
127          53A-1a-1003. School district participation in UPSTART.
128          (1) A school district may participate in UPSTART if the local school board agrees to
129     work in cooperation with the contractor to provide administrative and technical support for [the
130     pilot project] UPSTART.
131          (2) Family participants in UPSTART shall be solicited from school districts that
132     participate in UPSTART.
133          (3) A school district that participates in UPSTART shall:
134          (a) receive funding for:
135          (i) paraprofessional and technical support staff; and
136          (ii) travel, materials, and meeting costs of the program;
137          (b) participate in program training by the contractor; and
138          (c) agree to adopt standardized policies and procedures in implementing [the pilot
139     project] UPSTART.
140          Section 4. Section 53A-1a-1004 is amended to read:
141          53A-1a-1004. Family participation in UPSTART -- Low income family
142     verification.
143          (1) The contractor shall:
144          (a) solicit families to participate in UPSTART through a public information campaign
145     and referrals from participating school districts[.]; and
146          (b) work with the Department of Workforce Services and the State Board of Education
147     to solicit participation from families of children experiencing intergenerational poverty, as
148     defined in Section 35A-9-102, to participate in UPSTART.
149          (2) (a) Preschool children who participate in UPSTART shall:
150          (i) be from families with diverse socioeconomic and ethnic backgrounds; [and]
151          (ii) reside in different regions of the state in both urban and rural areas[.]; and
152          (iii) be given preference to participate if the preschool child's family resides in a rural
153     area with limited prekindergarten services.
154          (b) (i) If the number of families who would like to participate in UPSTART exceeds
155     the number of participants funded by the legislative appropriation, the contractor shall give
156     priority to preschool children from low income families and preschool children who are
157     English language learners.
158          (ii) At least 30% of the preschool children who participate in UPSTART shall be from
159     low income families.
160          (3) A low income family that cannot afford a computer and Internet service to operate
161     the instructional software may obtain a computer and peripheral equipment on loan and receive
162     free Internet service for the duration of the family's participation in [the pilot project]
163     UPSTART.
164          (4) (a) The contractor shall make the home-based educational technology program
165     available to families at a cost agreed upon by the State Board of Education and the contractor if
166     the number of families who would like to participate in UPSTART exceeds the number of
167     participants funded by the legislative appropriation.
168          (b) The State Board of Education and the contractor shall annually post on their
169     websites information on purchasing a home-based educational technology program as provided
170     in Subsection (4)(a).
171          (5) (a) The contractor shall:
172          (i) determine if a family is a low income family for purposes of this part; and
173          (ii) use the same application form as described in Section 35A-9-401or create an
174     application form that requires an individual to provide and certify the information necessary for
175     the contractor to make the determination described in Subsection (5)(a)(i).
176          (b) The contractor may:
177          (i) require an individual to submit supporting documentation; and
178          (ii) create a deadline for an individual to submit an application, if necessary.
179          Section 5. Section 63I-2-253 is amended to read:
180          63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
181          (1) Section 53A-1-403.5 is repealed July 1, 2017.
182          (2) Section 53A-1-411 is repealed July 1, 2017.
183          (3) Section 53A-1-709 is repealed July 1, 2020.
184          (4) Subsection 53A-1a-513(4) is repealed July 1, 2017.
185          (5) Section 53A-1a-513.5 is repealed July 1, 2017.
186          [(6) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.]
187          [(7)] (6) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
188     repealed July 1, 2017.
189          [(8)] (7) Sections 53A-24-601 and 53A-24-602 are repealed January 1, 2018.
190          [(9)] (8) (a) Subsections 53B-2a-103(2) and (4) are repealed July 1, 2019.
191          (b) When repealing Subsections 53B-2a-103(2) and (4), the Office of Legislative
192     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
193     make necessary changes to subsection numbering and cross references.
194          [(10)] (9) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
195     repealed July 1, 2023.