Senator Howard A. Stephenson proposes the following substitute bill:




Chief Sponsor: Howard A. Stephenson

House Sponsor: Daniel McCay


8     General Description:
9          This bill provides for a supplemental English language arts instruction pilot program in
10     public schools.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires the State Board of Education to select one or more technology providers,
15     through a request for proposals process, to provide software licenses for an English
16     language arts instructional tool that meets certain criteria;
17          ▸     provides for the distribution of the English language arts instructional tool licenses
18     to school districts and charter schools;
19          ▸     requires the State Board of Education to annually report testing data regarding the
20     English language arts instructional tool to the Education Interim Committee; and
21          ▸     provides a repeal date.
22     Money Appropriated in this Bill:
23          This bill appropriates:
24          ▸     to the State Board of Education - Initiative Programs, as an ongoing appropriation:
25               •     from the Education Fund, $200,000.

26     Other Special Clauses:
27          This bill provides a special effective date.
28     Utah Code Sections Affected:
29     AMENDS:
30          63I-2-253, as last amended by Laws of Utah 2016, Chapters 128, 229, 236, 271, and
31     318
32     ENACTS:
33          53A-1-712, Utah Code Annotated 1953

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 53A-1-712 is enacted to read:
37          53A-1-712. English language arts instructional tool.
38          (1) As used in this section:
39          (a) "Board" means the State Board of Education.
40          (b) "Lexile measure" means a unit of measurement that indicates the reading level of
41     readers and the difficulty of a text that can be used to appropriately align reading materials to
42     the level and comprehension rate of readers.
43          (c) "Licenses" means software licenses for a tool described in Subsection (2).
44          (2) On or before July 1, 2017, the board shall select as part of a pilot program one or
45     more technology providers, through a request for proposals process, to provide licenses for a
46     supplemental tool for students in grades 4 through 12 that:
47          (a) enables student reading ability to be reported as a Lexile measure;
48          (b) uses Lexile measures to appropriately align reading materials and exercises to the
49     comprehension level of readers;
50          (c) includes activities designed to assess and improve:
51          (i) reading skills;
52          (ii) writing skills; and
53          (iii) vocabulary;
54          (d) is self-adapting to respond to the needs and progress of the learner, including
55     allowing for increasingly intense instruction and additional practice opportunities based on
56     individual student needs;

57          (e) provides opportunities for frequent and informal assessments and includes an
58     embedded progress monitoring tool and mechanisms for regular feedback to students and
59     teachers; and
60          (f) supplements and is aligned with state core curriculum standards related to English
61     language arts.
62          (3) The board may select one or more providers that provide a supplemental tool that
63     does not meet all the criteria described in Subsections (2)(a) through (f) if the board ensures
64     that the selected providers' supplemental tools collectively meet all the criteria described in
65     Subsections (2)(a) through (f).
66          (4) The board shall:
67          (a) solicit proposals from school districts and charter schools for the use of the
68     licenses; and
69          (b) make the licenses available to school districts and charter schools on a competitive
70     basis.
71          (5) (a) On or before November 1, 2018, and on or before November 1 each year
72     thereafter, the board shall report to the Education Interim Committee on the use of the tool
73     described in Subsection (2) to supplement and enhance English language arts instruction in
74     public schools.
75          (b) The board shall ensure that the report under Subsection (5)(a) includes student
76     learning gains on statewide achievement tests as a result of using the tool described in
77     Subsection (2).
78          Section 2. Section 63I-2-253 is amended to read:
79          63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
80          (1) Section 53A-1-403.5 is repealed July 1, 2017.
81          (2) Section 53A-1-411 is repealed July 1, 2017.
82          (3) Section 53A-1-709 is repealed July 1, 2020.
83          (4) Section 53A-1-712 is repealed July 1, 2020.
84          [(4)] (5) Subsection 53A-1a-513(4) is repealed July 1, 2017.
85          [(5)] (6) Section 53A-1a-513.5 is repealed July 1, 2017.
86          [(6)] (7) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.
87          [(7)] (8) Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is

88     repealed July 1, 2017.
89          [(8)] (9) Sections 53A-24-601 and 53A-24-602 are repealed January 1, 2018.
90          [(9)] (10) (a) Subsections 53B-2a-103(2) and (4) are repealed July 1, 2019.
91          (b) When repealing Subsections 53B-2a-103(2) and (4), the Office of Legislative
92     Research and General Counsel shall, in addition to its authority under Subsection 36-12-12(3),
93     make necessary changes to subsection numbering and cross references.
94          [(10)] (11) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project,
95     is repealed July 1, 2023.
96          Section 3. Appropriation.
97          The following sums of money are appropriated for the fiscal year beginning July 1,
98     2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
99     fiscal year 2018. Under the terms and conditions of Utah Code Title 63J, Chapter 1, Budgetary
100     Procedures Act, the Legislature appropriates the following sums of money from the funds or
101     accounts indicated for the use and support of the government of the State of Utah.
102          To State Board of Education - Initiative Programs
103               From Education Fund

104               Schedule of Programs:
105               English Language Arts Instructional Tool          $200,000
106          The Legislature intends that appropriations provided in this section are to be used as
107     provided in Section 53A-1-712.
108          Section 4. Effective date.
109          If approved by two-thirds of all the members elected to each house, this bill takes effect
110     upon approval by the governor, or the day following the constitutional time limit of Utah
111     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
112     the date of veto override.