7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the School Readiness Initiative.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ moves the School Readiness Board (board) from the Governor's Office of
14 Management and Budget to the Department of Workforce Services;
15 ▸ requires the State Board of Education to develop a school readiness program entry
17 ▸ requires certain school readiness programs to administer school readiness program
18 entry and exit assessments;
19 ▸ modifies the membership of the board;
20 ▸ requires the board to award a contract to a nonprofit entity to provide program
21 support for results-based contracts;
22 ▸ enacts a prioritization for funding school readiness programs;
23 ▸ enacts and consolidates provisions related to requirements for recipients of funding
24 through results-based contracts;
25 ▸ permits the board to fund a high quality school readiness program directly, if the
26 high quality school readiness program meets certain requirements;
27 ▸ requires the board to select at least three independent evaluators;
28 ▸ requires the operator of a high quality school readiness program that participates in
29 a results-based contract to select an evaluator to evaluate the high quality school
30 readiness program; and
31 ▸ makes technical and conforming changes.
32 Money Appropriated in this Bill:
33 This bill appropriates in fiscal year 2019:
34 ▸ to Department of Workforce Services -- Operations and Policy as an ongoing
36 • from the General Fund Restricted -- School Readiness Account, $2,935,700;
37 ▸ to Department of Workforce Services -- Operations and Policy as a one-time
39 • from the General Fund Restricted -- School Readiness Account, One-time,
41 ▸ to State Board of Education -- State Administrative Office as an ongoing
43 • from the General Fund Restricted -- School Readiness Account, $64,300;
44 ▸ to State Board of Education -- State Administrative Office as a one-time
46 • from the General Fund Restricted -- School Readiness Account, One-time,
48 ▸ to State Board of Education -- General System Support, as a one-time appropriation:
49 • from General Fund Restricted -- School Readiness Account, $88,000;
50 ▸ to Governor's Office -- Governor's Office of Management and Budget, as an
51 ongoing appropriation:
52 • from the General Fund Restricted -- School Readiness Account, ($200,000); and
53 ▸ to Governor's Office -- School Readiness Initiative as an ongoing appropriation:
54 • from the General Fund Restricted -- School Readiness Account, ($2,800,000).
55 Other Special Clauses:
56 This bill provides a special effective date.
57 Utah Code Sections Affected:
59 53E-9-301, as renumbered and amended by Laws of Utah 2018, Chapter 1
60 53F-6-301, as renumbered and amended by Laws of Utah 2018, Chapter 2
61 53F-6-303, as enacted by Laws of Utah 2018, Chapter 2
62 53F-6-305, as renumbered and amended by Laws of Utah 2018, Chapter 2
63 53F-6-309, as renumbered and amended by Laws of Utah 2018, Chapter 2
64 53F-6-310, as renumbered and amended by Laws of Utah 2018, Chapter 2
65 63J-1-602.2, as last amended by Laws of Utah 2015, Chapters 86, 93, and 189
66 63J-1-602.3, as last amended by Laws of Utah 2017, Chapters 396 and 423
67 RENUMBERS AND AMENDS:
68 35A-3-209, (Renumbered from 53F-6-302, as renumbered and amended by Laws of
69 Utah 2018, Chapter 2)
70 35A-3-210, (Renumbered from 53F-9-402, as renumbered and amended by Laws of
71 Utah 2018, Chapter 2)
73 53E-4-314, Utah Code Annotated 1953
74 REPEALS AND REENACTS:
75 53F-6-306, as renumbered and amended by Laws of Utah 2018, Chapter 2
77 53F-6-307, as renumbered and amended by Laws of Utah 2018, Chapter 2
78 53F-6-308, as renumbered and amended by Laws of Utah 2018, Chapter 2
80 Be it enacted by the Legislature of the state of Utah:
81 Section 1. Section 35A-3-209, which is renumbered from Section 53F-6-302 is
82 renumbered and amended to read:
84 Membership -- Program intermediary -- Funding prioritization.
85 (1) The terms defined in Section 53F-6-301 apply to this section.
88 (a) the director of the Department of Workforces Services or the director's designee;
89 (b) one member appointed by the State Board of Education;
90 (c) one member appointed by the chair of the State Charter School Board;
91 (d) one member who has research experience in the area of early childhood
92 development, including special education, appointed by the speaker of the House of
93 Representatives; and
94 (e) one member, appointed by the president of the Senate[
95 (i) has expertise in pay for success programs; or
96 (ii) represents a financial institution that has experience managing a portfolio that
97 meets the requirements of the Community Reinvestment Act, 12 U.S.C. Sec. 2901 et seq.
99 (e) shall serve for a term of two years.
100 (b) If a vacancy occurs for a member described in Subsection [
101 the person appointing the member shall appoint a replacement to serve the remainder of the
102 member's term.
106 (5) The department shall provide staff support to the board.
109 (b) The board shall meet upon the call of the chair or a majority of the board members.
110 (7) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, and subject to
111 Subsection (8), the board shall:
112 (a) select a program intermediary that:
113 (i) is a nonprofit entity; and
114 (ii) has experience:
115 (A) developing and executing contracts;
116 (B) structuring the terms and conditions of a pay for success program;
117 (C) coordinating the funding and management of a pay for success program; and
118 (D) raising private investment capital necessary to fund program services related to a
119 pay for success program; and
120 (b) enter into a contract with the program intermediary.
121 (8) The board may not enter into a contract described in Subsection (7) without the
122 consent of the department regarding:
123 (a) the program intermediary selected; and
124 (b) the terms of the contract.
125 (9) A contract described in Subsection (7)(b) shall:
126 (a) require the program intermediary to:
127 (i) seek out participants for results-based contracts;
128 (ii) advise the board on results-based contracts; and
129 (iii) make recommendations directly to the board on:
130 (A) when to enter a results-based contract; and
131 (B) the terms of a results-based contract; and
132 (b) include a provision that the program intermediary is not eligible to receive or view
133 personally identifiable student data of eligible students funded under the School Readiness
134 Initiative described in this part and Title 53F, Chapter 6, Part 3, School Readiness Initiative.
135 (10) In allocating funding, the board shall:
136 (a) give first priority to a results-based contract described in Subsection 53F-6-309(3)
137 to fund a high quality school readiness program directly;
138 (b) give second priority to a results-based contract that includes an investor; and
139 (c) give third priority to a grant described in Section 53F-6-305.
140 (11) Other powers and duties of the board are described in Title 53F, Chapter 6, Part 3,
141 School Readiness Initiative.
142 Section 2. Section 35A-3-210, which is renumbered from Section 53F-9-402 is
143 renumbered and amended to read:
145 -- Funding -- Distribution of funds.
146 (1) The terms defined in Section 53F-6-301 apply to this section.
147 (2) There is created in the General Fund a restricted account known as the "School
148 Readiness Restricted Account"[
157 (3) The [
158 (a) money appropriated [
159 (b) all income and interest derived from the deposit and investment of money in the
161 (c) federal grants; and
162 (d) private donations.
163 (4) Subject to legislative appropriations, money in the restricted account may be used
165 (a) to award [
166 described in Section 53F-6-305;
167 (b) to contract with [
168 an evaluator;
173 (c) to fund the participation of eligible students in a high quality school readiness
174 program through a results-based contract; and
175 (d) for administration costs and to monitor the programs described in [
176 Section 35A-3-209 and Title 53F, Chapter 6, Part 3, School Readiness Initiative.
177 Section 3. Section 53E-4-314 is enacted to read:
178 53E-4-314. School readiness assessment.
179 (1) As used in this section:
180 (a) "School readiness assessment" means the preschool entry assessment described in
181 this section.
182 (b) "School readiness program" means a preschool program:
183 (i) in which a student participates in the year before the student is expected to enroll in
184 kindergarten; and
185 (ii) that receives funding under:
186 (A) Title 53F, Chapter 5, Part 3, High Quality School Readiness Program; or
187 (B) Title 53F, Chapter 6, Part 3, School Readiness Initiative.
188 (2) The State Board of Education shall develop a school readiness assessment that
189 aligns with the kindergarten entry and exit assessment described in Section 53F-4-205.
190 (3) A school readiness program shall:
191 (a) except as provided in Subsection (4), administer to each student who participates in
192 the school readiness program:
193 (i) the school readiness assessment at the beginning of the student's participation in the
194 school readiness program; and
195 (ii) the kindergarten entry assessment described in Section 53F-4-205 at the end of the
196 student's participation in the school readiness program; and
197 (b) report the results of the assessments described in Subsection (3)(a) or (4) to:
198 (i) the State Board of Education; and
199 (ii) the Department of Workforce Services.
200 (4) In place of the assessments described in Subsection (3)(a), a school readiness
201 program that is offered through home-based technology may administer to each student who
202 participates in the school readiness program:
203 (a) a validated computer adaptive pre-assessment at the beginning of the student's
204 participation in the school readiness program; and
205 (b) a validated computer adaptive post-assessment at the end of the student's
206 participation in the school readiness program.
207 Section 4. Section 53E-9-301 is amended to read:
208 53E-9-301. Definitions.
209 As used in this part:
210 (1) "Adult student" means a student who:
211 (a) is at least 18 years old;
212 (b) is an emancipated student; or
213 (c) qualifies under the McKinney-Vento Homeless Education Assistance
214 Improvements Act of 2001, 42 U.S.C. Sec. 11431 et seq.
215 (2) "Aggregate data" means data that:
216 (a) are totaled and reported at the group, cohort, school, school district, region, or state
217 level with at least 10 individuals in the level;
218 (b) do not reveal personally identifiable student data; and
219 (c) are collected in accordance with board rule.
220 (3) (a) "Biometric identifier" means a:
221 (i) retina or iris scan;
222 (ii) fingerprint;
223 (iii) human biological sample used for valid scientific testing or screening; or
224 (iv) scan of hand or face geometry.
225 (b) "Biometric identifier" does not include:
226 (i) a writing sample;
227 (ii) a written signature;
228 (iii) a voiceprint;
229 (iv) a photograph;
230 (v) demographic data; or
231 (vi) a physical description, such as height, weight, hair color, or eye color.
232 (4) "Biometric information" means information, regardless of how the information is
233 collected, converted, stored, or shared:
234 (a) based on an individual's biometric identifier; and
235 (b) used to identify the individual.
236 (5) "Board" means the State Board of Education.
237 (6) "Cumulative disciplinary record" means disciplinary student data that is part of a
238 cumulative record.
239 (7) "Cumulative record" means physical or electronic information that the education
240 entity intends:
241 (a) to store in a centralized location for 12 months or more; and
242 (b) for the information to follow the student through the public education system.
243 (8) "Data authorization" means written authorization to collect or share a student's
244 student data, from:
245 (a) the student's parent, if the student is not an adult student; or
246 (b) the student, if the student is an adult student.
247 (9) "Data governance plan" means an education entity's comprehensive plan for
248 managing education data that:
249 (a) incorporates reasonable data industry best practices to maintain and protect student
250 data and other education-related data;
251 (b) provides for necessary technical assistance, training, support, and auditing;
252 (c) describes the process for sharing student data between an education entity and
253 another person;
254 (d) describes the process for an adult student or parent to request that data be
255 expunged; and
256 (e) is published annually and available on the education entity's website.
257 (10) "Education entity" means:
258 (a) the board;
259 (b) a local school board;
260 (c) a charter school governing board;
261 (d) a school district;
262 (e) a charter school;
263 (f) the Utah Schools for the Deaf and the Blind; or
264 (g) for purposes of implementing the School Readiness Initiative described in Title
265 53F, Chapter 6, Part 3, School Readiness Initiative, the School Readiness Board created in
266 Section [
267 (11) "Expunge" means to seal or permanently delete data, as described in board rule
268 made under Section 53E-9-306.
269 (12) "External application" means a general audience:
270 (a) application;
271 (b) piece of software;
272 (c) website; or
273 (d) service.
274 (13) "Individualized education program" or "IEP" means a written statement:
275 (a) for a student with a disability; and
276 (b) that is developed, reviewed, and revised in accordance with the Individuals with
277 Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
278 (14) "Internal application" means an Internet website, online service, online
279 application, mobile application, or software, if the Internet website, online service, online
280 application, mobile application, or software is subject to a third-party contractor's contract with
281 an education entity.
282 (15) "Local education agency" or "LEA" means:
283 (a) a school district;
284 (b) a charter school;
285 (c) the Utah Schools for the Deaf and the Blind; or
286 (d) for purposes of implementing the School Readiness Initiative described in Title
287 53F, Chapter 6, Part 3, School Readiness Initiative, the School Readiness Board created in
288 Section [
289 (16) "Metadata dictionary" means a complete list of an education entity's student data
290 elements and other education-related data elements, that:
291 (a) defines and discloses all data collected, used, stored, and shared by the education
292 entity, including:
293 (i) who uses a data element within an education entity and how a data element is used
294 within an education entity;
295 (ii) if a data element is shared externally, who uses the data element externally and how
296 a data element is shared externally;
297 (iii) restrictions on the use of a data element; and
298 (iv) parent and student rights to a data element;
299 (b) designates student data elements as:
300 (i) necessary student data; or
301 (ii) optional student data;
302 (c) designates student data elements as required by state or federal law; and
303 (d) without disclosing student data or security information, is displayed on the
304 education entity's website.
305 (17) "Necessary student data" means data required by state statute or federal law to
306 conduct the regular activities of an education entity, including:
307 (a) name;
308 (b) date of birth;
309 (c) sex;
310 (d) parent contact information;
311 (e) custodial parent information;
312 (f) contact information;
313 (g) a student identification number;
314 (h) local, state, and national assessment results or an exception from taking a local,
315 state, or national assessment;
316 (i) courses taken and completed, credits earned, and other transcript information;
317 (j) course grades and grade point average;
318 (k) grade level and expected graduation date or graduation cohort;
319 (l) degree, diploma, credential attainment, and other school exit information;
320 (m) attendance and mobility;
321 (n) drop-out data;
322 (o) immunization record or an exception from an immunization record;
323 (p) race;
324 (q) ethnicity;
325 (r) tribal affiliation;
326 (s) remediation efforts;
327 (t) an exception from a vision screening required under Section 53G-9-404 or
328 information collected from a vision screening required under Section 53G-9-404;
329 (u) information related to the Utah Registry of Autism and Developmental Disabilities,
330 described in Section 26-7-4;
331 (v) student injury information;
332 (w) a cumulative disciplinary record created and maintained as described in Section
334 (x) juvenile delinquency records;
335 (y) English language learner status; and
336 (z) child find and special education evaluation data related to initiation of an IEP.
337 (18) (a) "Optional student data" means student data that is not:
338 (i) necessary student data; or
339 (ii) student data that an education entity may not collect under Section 53E-9-305.
340 (b) "Optional student data" includes:
341 (i) information that is:
342 (A) related to an IEP or needed to provide special needs services; and
343 (B) not necessary student data;
344 (ii) biometric information; and
345 (iii) information that is not necessary student data and that is required for a student to
346 participate in a federal or other program.
347 (19) "Parent" means a student's parent or legal guardian.
348 (20) (a) "Personally identifiable student data" means student data that identifies or is
349 used by the holder to identify a student.
350 (b) "Personally identifiable student data" includes:
351 (i) a student's first and last name;
352 (ii) the first and last name of a student's family member;
353 (iii) a student's or a student's family's home or physical address;
354 (iv) a student's email address or other online contact information;
355 (v) a student's telephone number;
356 (vi) a student's social security number;
357 (vii) a student's biometric identifier;
358 (viii) a student's health or disability data;
359 (ix) a student's education entity student identification number;
360 (x) a student's social media user name and password or alias;
361 (xi) if associated with personally identifiable student data, the student's persistent
362 identifier, including:
363 (A) a customer number held in a cookie; or
364 (B) a processor serial number;
365 (xii) a combination of a student's last name or photograph with other information that
366 together permits a person to contact the student online;
367 (xiii) information about a student or a student's family that a person collects online and
368 combines with other personally identifiable student data to identify the student; and
369 (xiv) other information that is linked to a specific student that would allow a
370 reasonable person in the school community, who does not have first-hand knowledge of the
371 student, to identify the student with reasonable certainty.
372 (21) "School official" means an employee or agent of an education entity, if the
373 education entity has authorized the employee or agent to request or receive student data on
374 behalf of the education entity.
375 (22) (a) "Student data" means information about a student at the individual student
377 (b) "Student data" does not include aggregate or de-identified data.
378 (23) "Student data disclosure statement" means a student data disclosure statement
379 described in Section 53E-9-305.
380 (24) "Student data manager" means:
381 (a) the state student data officer; or
382 (b) an individual designated as a student data manager by an education entity under
383 Section 53E-9-303.
384 (25) (a) "Targeted advertising" means presenting advertisements to a student where the
385 advertisement is selected based on information obtained or inferred over time from that
386 student's online behavior, usage of applications, or student data.
387 (b) "Targeted advertising" does not include advertising to a student:
388 (i) at an online location based upon that student's current visit to that location; or
389 (ii) in response to that student's request for information or feedback, without retention
390 of that student's online activities or requests over time for the purpose of targeting subsequent
392 (26) "Third-party contractor" means a person who:
393 (a) is not an education entity; and
394 (b) pursuant to a contract with an education entity, collects or receives student data in
395 order to provide a product or service, as described in the contract, if the product or service is
396 not related to school photography, yearbooks, graduation announcements, or a similar product
397 or service.
398 Section 5. Section 53F-6-301 is amended to read:
399 53F-6-301. Definitions.
400 As used in this part:
401 (1) "Board" means the School Readiness Board, created in Section [
403 (2) "Economically disadvantaged" means [
404 or reduced price lunch.
414 (3) "Eligible home-based educational technology provider" means a provider that
415 intends to offer a home-based educational technology program.
416 (4) "Eligible LEA" means an LEA that has a data system capacity to collect
417 longitudinal academic outcome data, including special education use by student, by identifying
418 each student with a statewide unique student identifier.
419 (5) (a) "Eligible private provider" means a child care program that:
420 (i) (A) except as provided in Subsection (5)(b), is licensed under Title 26, Chapter 39,
421 Utah Child Care Licensing Act; or
422 (B) is exempt from licensure under Section 26-39-403; and
423 (ii) meets other criteria as established by the board, consistent with Utah Constitution,
424 Article X, Section 1.
425 (b) "Eligible private provider" does not include residential child care, as defined in
426 Section 26-39-102.
427 (6) "Eligible student" means a student:
428 (a) who is economically disadvantaged[
429 (b) whose parent or legal guardian reports that the student has experienced at least one
430 risk factor.
431 (7) "Evaluator" means an independent evaluator selected in accordance with Section
433 (8) "High quality school readiness program" means a preschool program that:
434 (a) is provided by an eligible LEA, eligible private provider, or eligible home-based
435 educational technology provider; and
436 (b) meets the elements of a high quality school readiness program described in Section
438 (9) "Investor" means a person that enters into a results-based contract to provide
439 funding to a high quality school readiness program on the condition that the person will receive
440 payment in accordance with Section 53F-6-309 if the high quality school readiness program
441 meets the performance outcome measures included in the results-based contract.
444 (11) "Pay for success program" means a program funded through a model in which the
445 program is initially funded through private funding and the entity providing the private funding
446 receives repayment through public funding if the program achieves certain outcomes.
448 use for a student at-risk for later special education placement in kindergarten through grade 12
449 who receives preschool education funded pursuant to a results-based [
455 (13) "Program intermediary" means an entity selected by the board under Section
456 35A-3-209 to coordinate with the Department of Workforce Services to provide program
457 support to the board.
461 (a) is entered into in accordance with Section 53F-3-309;
462 (b) includes a performance outcome measure; and
463 (c) is between:
464 (i) the board, a provider of a high quality school readiness program, and an investor; or
465 (ii) the board and a provider of a high quality school readiness program.
466 (15) "Risk factor" means:
467 (a) having a mother who was 18 years old or younger when the child was born;
468 (b) a member of a child's household is incarcerated;
469 (c) living in a neighborhood with high violence or crime;
470 (d) having one or both parents with a low reading ability;
471 (e) moving at least once in the past year;
472 (f) having ever been in foster care;
473 (g) living with multiple families in the same household;
474 (h) having exposure in a child's home to:
475 (i) physical abuse or domestic violence;
476 (ii) substance abuse;
477 (iii) the death or chronic illness of a parent or sibling; or
478 (iv) mental illness;
479 (i) the primary language spoken in a child's home is a language other than English; or
480 (j) having at least one parent who has not completed high school.
482 an eligible student who, at preschool entry, scores [
483 below the mean on the assessment selected by the board under Section 53F-6-309.
484 Section 6. Section 53F-6-303 is amended to read:
485 53F-6-303. School Readiness Restricted Account.
486 As described in Section [
487 Account provides funding for this part.
488 Section 7. Section 53F-6-305 is amended to read:
489 53F-6-305. High Quality School Readiness Grant Program.
490 (1) The High Quality School Readiness Grant Program is created to provide grants to
491 the following, in order to upgrade an existing preschool or home-based educational technology
492 program to a high quality school readiness program:
493 (a) an eligible private provider;
494 (b) an eligible LEA; or
495 (c) an eligible home-based educational technology provider.
496 (2) The State Board of Education shall:
497 (a) solicit proposals from eligible LEAs; and
498 (b) make recommendations to the board to award grants to respondents based on
499 criteria described in Subsection (5).
500 (3) The Department of Workforce Services shall:
501 (a) solicit proposals from eligible private providers and eligible home-based
502 educational technology providers; and
503 (b) make recommendations to the board to award grants to respondents based on
504 criteria described in Subsection (5).
505 (4) Subject to legislative appropriations, and the prioritization described in Section
506 35A-3-209, the board shall award grants to respondents based on:
507 (a) the recommendations of the State Board of Education;
508 (b) the recommendations of the Department of Workforce Services; and
509 (c) the criteria described in Subsection (5).
510 (5) (a) In awarding a grant under Subsection (4), the State Board of Education,
511 Department of Workforce Services, and the board shall consider:
512 (i) a respondent's capacity to effectively implement the components described in
513 Section 53F-6-304;
514 (ii) the percentage of a respondent's students who are [
515 eligible students; and
516 (iii) the level of administrative support and leadership at a respondent's program to
517 effectively implement, monitor, and evaluate the program.
518 (b) The board may not award a grant to an LEA without obtaining approval from the
519 State Board of Education to award the grant to the LEA.
520 (6) To receive a grant under this section, a respondent that is an eligible LEA shall
521 submit a proposal to the State Board of Education detailing:
522 (a) the respondent's strategy to implement the high quality components described in
524 (b) the number of students the respondent plans to serve, categorized by age and
526 (c) the number of high quality [
527 respondent plans to operate; and
528 (d) the estimated cost per student.
529 (7) To receive a grant under this section, a respondent that is an eligible private
530 provider or an eligible home-based educational technology provider shall submit a proposal to
531 the Department of Workforce Services detailing:
532 (a) the respondent's strategy to implement the high quality components described in
533 Section 53F-6-304;
534 (b) the number of students the respondent plans to serve, categorized by age and
536 (c) for a respondent that is an eligible private provider, the number of high quality
538 (d) the estimated cost per student.
540 (8) (a) A recipient of a grant under this section shall [
542 preschool program toward achieving the components described in Section 53F-6-304.
543 (b) A recipient of a grant under this section may not enter into a results-based contract
544 while the recipient receives the grant.
545 (9) (a) A grant recipient shall allow classroom or other visits by an [
547 (b) The [
548 (i) determine whether a grant recipient has effectively implemented the components
549 described in Section 53F-6-304; and
550 (ii) report the [
558 (10) A recipient of a grant under this section shall ensure that each student who is
559 enrolled in a classroom or who uses a home-based educational technology program supported
560 by the grant has a unique student identifier by:
561 (a) if the recipient is an eligible LEA, assigning a unique student identifier to each
562 student enrolled in the classroom; or
563 (b) if the recipient is an eligible private provider or eligible home-based educational
564 technology provider, working with the State Board of Education to assign a unique student
565 identifier to each student enrolled in the classroom or who uses the home-based educational
566 technology program.
567 (11) A grant recipient that is an LEA shall report annually to the board and the State
568 Board of Education the following:
569 (a) number of students served by the preschool, [
571 (b) attendance;
572 (c) cost per student; and
573 (d) assessment results.
574 (12) A grant recipient that is an eligible private provider or an eligible home-based
575 educational technology provider shall report annually to the board and the Department of
576 Workforce Services the following:
577 (a) number of students served by the preschool or program, [
579 (b) attendance;
580 (c) cost per student; and
581 (d) assessment results.
582 (13) The State Board of Education and the Department of Workforce Services shall
583 make rules to effectively administer and monitor the [
585 (a) requiring grant recipients to use the pre- and post-assessment selected by the board
586 in accordance with Section 53F-6-309; and
587 (b) establishing reporting requirements for grant recipients.
588 (14) At the request of the board, the State Board of Education and the Department of
589 Workforce Services shall annually share the information received from grant recipients
590 described in Subsections (11) and (12) with the board.
591 Section 8. Section 53F-6-306 is repealed and reenacted to read:
592 53F-6-306. Requirements for a school readiness program to receive funding
593 through a results-based contract.
594 (1) As used in this section:
595 (a) "Participating program operator" means an eligible LEA, an eligible private
596 provider, or an eligible home-based educational technology provider, that is a party to a
597 results-based contract.
598 (b) "Program" means a school readiness program funded through a results-based
600 (2) (a) Subject to the requirements of this part, an eligible LEA, an eligible private
601 provider, or an eligible home-based educational technology provider that operates a high
602 quality school readiness program may enter into and receive funding through a results-based
604 (b) An eligible LEA, an eligible private provider, or an eligible home-based
605 educational technology provider may not enter into a results-based contract while receiving a
606 grant under Section 53F-6-305.
607 (3) A participating program operator shall ensure that each student who is enrolled in a
608 classroom, or who uses a home-based educational technology, that is part of a participating
609 program operator's program has a unique student identifier by:
610 (a) if the participating program operator is an eligible LEA, assigning a unique student
611 identifier to each student enrolled in the classroom; or
612 (b) if the participating program operator is an eligible private provider or eligible
613 home-based technology provider, working with the State Board of Education to assign a unique
614 student identifier to each student enrolled in the classroom or who uses the home-based
615 educational technology.
616 (4) A participating program operator may not use funds received through a
617 results-based contract to supplant funds for an existing high quality school readiness program,
618 but may use the funds to supplement an existing high quality school readiness program.
619 (5) (a) If not prohibited by the Elementary and Secondary Education Act of 1965, 20
620 U.S.C. Secs. 6301-6576, a participating program operator may charge a sliding scale fee, based
621 on household income, to a student enrolled in the participating program operator's program.
622 (b) A participating program operator may use grants, scholarships, or other money to
623 help fund the program.
624 (6) A participating program operator shall:
625 (a) select an evaluator to annually evaluate:
626 (i) the results of the pre- and post-assessment described in Section 53F-6-309 for each
627 eligible student funded through a results-based contract;
628 (ii) performance on the performance outcome measure as described in Section
629 53F-6-309; and
630 (iii) for a participating program operator that is a home-based educational technology
631 provider, whether the home-based educational technology is being used with fidelity; and
632 (b) allow classroom visits to ensure the program meets the requirements described in
633 this part by:
634 (i) the evaluator;
635 (ii) the program intermediary;
636 (iii) the investor, if applicable;
637 (iv) the State Board of Education; and
638 (v) the Department of Workforce Services.
639 (7) (a) A participating program operator that is an eligible LEA may contract with an
640 eligible private provider to provide a high quality school readiness program to a portion of the
641 LEA's eligible students if:
642 (i) the results-based contract specifies the number of students to be served by the
643 eligible private provider;
644 (ii) the eligible private provider meets the requirements described in this section for a
645 participating program operator;
646 (iii) the eligible private provider reports the information described in Section
647 53F-6-310 to the board and the contracting eligible LEA; and
648 (iv) the contractual partnership is consistent with Utah Constitution, Article X, Section
650 (b) An eligible LEA that contracts with an eligible private provider shall provide
651 supportive services to the eligible private provider, which may include:
652 (i) professional development;
653 (ii) staffing or staff support;
654 (iii) materials; or
655 (iv) assessments.
656 Section 9. Section 53F-6-309 is amended to read:
657 53F-6-309. Results-based contracts -- Assessment selection -- Independent
667 (1) The board may enter into a results-based contract to fund participation of eligible
668 students in a high quality school readiness program in accordance with Section 35A-3-209 and
669 this part.
670 (2) (a) Except as provided in Subsection (3), the board shall include an investor as a
671 party to a results-based contract.
673 include a return of investment and an additional return on investment, dependent on
674 achievement of [
676 may not exceed 5% above the current Municipal Market Data General Obligation Bond AAA
677 scale for a 10 year maturity at the time of the issuance of the results-based [
680 results-based contract that includes an investor is not a procurement item under Section
684 on [
686 performance [
689 described in Section 35A-3-210; and
694 (f) The board may not issue a results-based contract that includes an investor as a party
695 to the contract if the total outstanding obligations of results-based contracts that include an
696 investor as a party to the contract would exceed $15,000,000 at any one time.
697 (3) (a) The board may enter into a results-based contract to directly fund a high quality
698 school readiness program that has at least four years of data for at least one cohort of students
699 showing that the high quality school readiness program has met a performance outcome
701 (b) A results-based contract described in Subsection (3)(a):
702 (i) does not require an investor; and
703 (ii) shall include a provision that:
704 (A) requires that in order to continue receiving funding, the high quality school
705 readiness program continue to meet a performance outcome measure; and
706 (B) provides an improvement time frame during which the high quality school
707 readiness program may continue to receive funding if the high quality school readiness
708 program fails to continue to meet the performance outcome measure.
713 (4) The board shall select a uniform assessment of age-appropriate cognitive or
714 language skills that:
715 (a) is nationally norm-referenced;
716 (b) has established reliability;
717 (c) has established validity with other similar measures and with later school outcomes;
719 (d) has strong psychometric characteristics.
720 (5) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the board
721 shall select at least three independent evaluators with experience in:
722 (i) evaluating school readiness programs; and
723 (ii) administering the assessment selected under Subsection (4).
724 (b) An eligible LEA, eligible private provider, or eligible home-based educational
725 technology provider that has a results-based contract shall select one of the evaluators
726 described in Subsection (5)(a) to conduct an evaluation described in Section 53F-6-306.
727 (c) The board shall select one of the evaluators described in Subsection (5)(a) to
728 conduct an evaluation described in Section 53F-6-305.
730 through a results-based contract completes kindergarten, the independent evaluator described in
731 Subsection (5)(b) shall determine whether the performance outcome measures set in the
732 results-based contract have been met.
736 (b) The board may not pay an investor unless the evaluation described in Subsection
737 (6)(a) determines that the performance outcome measures in the results-based contract have
738 been met.
740 participating in a program funded [
741 permission and signed an acknowledgment that the student's data may be shared with an
742 independent evaluator for research and evaluation purposes, subject to federal law.
743 (b) The board shall maintain documentation of parental permission required in
744 Subsection [
745 Section 10. Section 53F-6-310 is amended to read:
746 53F-6-310. Reporting requirements for a recipient of funding through a
747 results-based contract -- Reporting to the Legislature.
748 (1) An eligible LEA, eligible private provider, or eligible home-based educational
749 technology provider that receives funds [
751 students funded in whole or in part [
752 (a) the number of eligible students served by the [
754 economically disadvantaged status [
755 risk factors reported for each eligible student;
756 (b) attendance;
757 (c) cost per eligible student;
758 (d) assessment results of the pre- and post-assessments [
759 described in Section 53F-6-309;
760 (e) results of the assessments described in Section 53E-4-314; and
761 (f) for an eligible home-based educational technology provider, the average time, and
762 range of time usage, that an eligible student who does not attend another preschool program
763 spends using the home-based educational technology program per week.
765 longitudinal data on eligible students currently [
766 any eligible students who previously [
770 (d) scores on the kindergarten entry and exit assessment described in Section
773 Education Interim Committee [
774 Services Interim Committee:
775 (a) information [
776 LEA, private provider, and home-based educational technology provider; [
777 (b) the data described in Subsection (2); and
779 (i) the name of [
780 (ii) the amount of money each [
781 (iii) the performance outcome measures set in the results-based contract by which
782 repayment [
783 (iv) the repayment schedule to the [
785 Section 11. Section 63J-1-602.2 is amended to read:
786 63J-1-602.2. List of nonlapsing funds and accounts -- Title 31 through Title 45.
787 (1) Appropriations from the Technology Development Restricted Account created in
788 Section 31A-3-104.
789 (2) Appropriations from the Criminal Background Check Restricted Account created in
790 Section 31A-3-105.
791 (3) Appropriations from the Captive Insurance Restricted Account created in Section
792 31A-3-304, except to the extent that Section 31A-3-304 makes the money received under that
793 section free revenue.
794 (4) Appropriations from the Title Licensee Enforcement Restricted Account created in
795 Section 31A-23a-415.
796 (5) Appropriations from the Health Insurance Actuarial Review Restricted Account
797 created in Section 31A-30-115.
798 (6) Appropriations from the Insurance Fraud Investigation Restricted Account created
799 in Section 31A-31-108.
800 (7) Appropriations from the Underage Drinking Prevention Media and Education
801 Campaign Restricted Account created in Section 32B-2-306.
802 (8) The School Readiness Restricted Account created in Section 35A-3-210.
804 of Workforce Services, as provided in Section 35A-3-401.
809 (12) Money received by the Utah State Office of Rehabilitation for the sale of certain
810 products or services, as provided in Section 35A-13-202.
812 Section 36-24-101.
816 Section 40-6-14.5.
818 created by Section 41-1a-121 to the Motor Vehicle Division.
820 (a) purchase and distribution of license plates and decals; and
821 (b) administration and enforcement of motor vehicle registration requirements.
823 Permit Restricted Account created by Section 41-3-110 to the Tax Commission.
824 Section 12. Section 63J-1-602.3 is amended to read:
825 63J-1-602.3. List of nonlapsing funds and accounts -- Title 46 through Title 60.
826 (1) The Utah Law Enforcement Memorial Support Restricted Account created in
827 Section 53-1-120.
828 (2) Funding for the Search and Rescue Financial Assistance Program, as provided in
829 Section 53-2a-1102.
830 (3) Appropriations made to the Division of Emergency Management from the State
831 Disaster Recovery Restricted Account, as provided in Section 53-2a-603.
832 (4) Appropriations made to the Department of Public Safety from the Department of
833 Public Safety Restricted Account, as provided in Section 53-3-106.
834 (5) Appropriations to the Motorcycle Rider Education Program, as provided in Section
836 (6) Appropriations from the Utah Highway Patrol Aero Bureau Restricted Account
837 created in Section 53-8-303.
838 (7) Appropriations from the DNA Specimen Restricted Account created in Section
840 (8) The Canine Body Armor Restricted Account created in Section 53-16-201.
847 Regents for teacher preparation programs, as provided in Section 53B-6-104.
849 Education Council, as provided in Section 53B-24-202.
851 School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
852 (12) Appropriations to the State Board of Education, as provided in Section 53F-2-205.
854 Regulatory Restricted Account created in Section 54-5-1.5.
856 Licensing for violation of unlawful or unprofessional conduct that are used for education and
857 enforcement purposes, as provided in Section 58-17b-505.
859 Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
860 provided in Section 58-63-103.
862 in Section 59-9-105.
864 Section 13. Repealer.
865 This bill repeals:
866 Section 53F-6-307, High quality preschool programs for eligible private providers.
867 Section 53F-6-308, Home-based educational technology for school readiness.
868 Section 14. Appropriation.
869 The following sums of money are appropriated for the fiscal year beginning July 1,
870 2018, and ending June 30, 2019. These are additions to amounts previously appropriated for
871 fiscal year 2019. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
872 Act, the Legislature appropriates the following sums of money from the funds or accounts
873 indicated for the use and support of the government of the state of Utah.
874 ITEM 1
875 To Department of Workforce Services - Operations and Policy
876 From General Fund Restricted - School Readiness Account
877 From General Fund Restricted - School Readiness Account,
879 Schedule of Programs:
880 Workforce Development $10,276,900
881 ITEM 2
882 To State Board of Education - State Administrative Office
883 From General Fund Restricted - School Readiness Account
884 From General Fund Restricted - School Readiness Account,
886 Schedule of Programs:
887 Data and Statistics $14,400
888 Information Technology $120,700
889 ITEM 3
890 To State Board of Education - General System Support
891 From General Fund Restricted - School Readiness Account,
893 Schedule of Programs:
894 Teaching and Learning $88,000
895 ITEM 4
896 To Governor's Office - Governor's Office of Management and Budget
897 From General Fund Restricted - School Readiness Account
898 Schedule of Programs:
899 School Readiness Initiative ($200,000)
900 ITEM 5
901 To Governor's Office - School Readiness Initiative
902 From General Fund Restricted - School Readiness Account
903 Schedule of Programs:
904 School Readiness Initiative ($2,800,000)
905 The Legislature intends that the Division of Finance lapse any un-expended balances
906 remaining in the Governor's Office - School Readiness Initiative line item back to the General
907 Fund Restricted - School Readiness Account at the close of fiscal year 2018.
908 Section 15. Effective date.
909 This bill takes effect on July 1, 2018.