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 This bill provides revisor instructions.
58 Utah Code Sections Affected:
60 53E-9-301, as renumbered and amended by Laws of Utah 2018, Chapter 1
61 53F-6-301, as renumbered and amended by Laws of Utah 2018, Chapter 2
62 53F-6-303, as enacted by Laws of Utah 2018, Chapter 2
63 53F-6-305, as renumbered and amended by Laws of Utah 2018, Chapter 2
64 53F-6-309, as renumbered and amended by Laws of Utah 2018, Chapter 2
65 53F-6-310, as renumbered and amended by Laws of Utah 2018, Chapter 2
66 63J-1-602.2, as last amended by Laws of Utah 2015, Chapters 86, 93, and 189
67 63J-1-602.3, as last amended by Laws of Utah 2017, Chapters 396 and 423
68 RENUMBERS AND AMENDS:
69 35A-3-209, (Renumbered from 53F-6-302, as renumbered and amended by Laws of
70 Utah 2018, Chapter 2)
71 35A-3-210, (Renumbered from 53F-9-402, as renumbered and amended by Laws of
72 Utah 2018, Chapter 2)
74 53E-4-314, Utah Code Annotated 1953
75 REPEALS AND REENACTS:
76 53F-6-306, as renumbered and amended by Laws of Utah 2018, Chapter 2
78 53F-6-307, as renumbered and amended by Laws of Utah 2018, Chapter 2
79 53F-6-308, as renumbered and amended by Laws of Utah 2018, Chapter 2
81 Be it enacted by the Legislature of the state of Utah:
82 Section 1. Section 35A-3-209, which is renumbered from Section 53F-6-302 is
83 renumbered and amended to read:
85 Membership -- Program intermediary -- Funding prioritization.
86 (1) The terms defined in Section 53F-6-301 apply to this section.
89 (a) the director of the Department of Workforces Services or the director's designee;
90 (b) one member appointed by the State Board of Education;
91 (c) one member appointed by the chair of the State Charter School Board;
92 (d) one member who has research experience in the area of early childhood
93 development, including special education, appointed by the speaker of the House of
94 Representatives; and
95 (e) one member, appointed by the president of the Senate[
96 (i) has expertise in pay for success programs; or
97 (ii) represents a financial institution that has experience managing a portfolio that
98 meets the requirements of the Community Reinvestment Act, 12 U.S.C. Sec. 2901 et seq.
100 (e) shall serve for a term of two years.
101 (b) If a vacancy occurs for a member described in Subsection [
102 the person appointing the member shall appoint a replacement to serve the remainder of the
103 member's term.
107 (5) The department shall provide staff support to the board.
110 (b) The board shall meet upon the call of the chair or a majority of the board members.
111 (7) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, and subject to
112 Subsection (8), the board shall:
113 (a) select a program intermediary that:
114 (i) is a nonprofit entity; and
115 (ii) has experience:
116 (A) developing and executing contracts;
117 (B) structuring the terms and conditions of a pay for success program;
118 (C) coordinating the funding and management of a pay for success program; and
119 (D) raising private investment capital necessary to fund program services related to a
120 pay for success program; and
121 (b) enter into a contract with the program intermediary.
122 (8) The board may not enter into a contract described in Subsection (7) without the
123 consent of the department regarding:
124 (a) the program intermediary selected; and
125 (b) the terms of the contract.
126 (9) A contract described in Subsection (7)(b) shall:
127 (a) require the program intermediary to:
128 (i) seek out participants for results-based contracts;
129 (ii) advise the board on results-based contracts; and
130 (iii) make recommendations directly to the board on:
131 (A) when to enter a results-based contract; and
132 (B) the terms of a results-based contract; and
133 (b) include a provision that the program intermediary is not eligible to receive or view
134 personally identifiable student data of eligible students funded under the School Readiness
135 Initiative described in this part and Title 53F, Chapter 6, Part 3, School Readiness Initiative.
136 (10) In allocating funding, the board shall:
137 (a) give first priority to a results-based contract described in Subsection 53F-6-309(3)
138 to fund a high quality school readiness program directly;
139 (b) give second priority to a results-based contract that includes an investor; and
140 (c) give third priority to a grant described in Section 53F-6-305.
141 (11) Other powers and duties of the board are described in Title 53F, Chapter 6, Part 3,
142 School Readiness Initiative.
143 Section 2. Section 35A-3-210, which is renumbered from Section 53F-9-402 is
144 renumbered and amended to read:
146 -- Funding -- Distribution of funds.
147 (1) The terms defined in Section 53F-6-301 apply to this section.
148 (2) There is created in the General Fund a restricted account known as the "School
149 Readiness Restricted Account"[
158 (3) The [
159 (a) money appropriated [
160 (b) all income and interest derived from the deposit and investment of money in the
162 (c) federal grants; and
163 (d) private donations.
164 (4) Subject to legislative appropriations, money in the restricted account may be used
166 (a) to award [
167 described in Section 53F-6-305;
168 (b) to contract with [
169 an evaluator;
174 (c) to fund the participation of eligible students in a high quality school readiness
175 program through a results-based contract; and
176 (d) for administration costs and to monitor the programs described in [
177 Section 35A-3-209 and Title 53F, Chapter 6, Part 3, School Readiness Initiative.
178 Section 3. Section 53E-4-314 is enacted to read:
179 53E-4-314. School readiness assessment.
180 (1) As used in this section:
181 (a) "School readiness assessment" means the preschool entry assessment described in
182 this section.
183 (b) "School readiness program" means a preschool program:
184 (i) in which a student participates in the year before the student is expected to enroll in
185 kindergarten; and
186 (ii) that receives funding under:
187 (A) Title 53F, Chapter 5, Part 3, High Quality School Readiness Program; or
188 (B) Title 53F, Chapter 6, Part 3, School Readiness Initiative.
189 (2) The State Board of Education shall develop a school readiness assessment that
190 aligns with the kindergarten entry and exit assessment described in Section 53F-4-205.
191 (3) A school readiness program shall:
192 (a) except as provided in Subsection (4), administer to each student who participates in
193 the school readiness program:
194 (i) the school readiness assessment at the beginning of the student's participation in the
195 school readiness program; and
196 (ii) the kindergarten entry assessment described in Section 53F-4-205 at the end of the
197 student's participation in the school readiness program; and
198 (b) report the results of the assessments described in Subsection (3)(a) or (4) to:
199 (i) the State Board of Education; and
200 (ii) the Department of Workforce Services.
201 (4) In place of the assessments described in Subsection (3)(a), a school readiness
202 program that is offered through home-based technology may administer to each student who
203 participates in the school readiness program:
204 (a) a validated computer adaptive pre-assessment at the beginning of the student's
205 participation in the school readiness program; and
206 (b) a validated computer adaptive post-assessment at the end of the student's
207 participation in the school readiness program.
208 Section 4. Section 53E-9-301 is amended to read:
209 53E-9-301. Definitions.
210 As used in this part:
211 (1) "Adult student" means a student who:
212 (a) is at least 18 years old;
213 (b) is an emancipated student; or
214 (c) qualifies under the McKinney-Vento Homeless Education Assistance
215 Improvements Act of 2001, 42 U.S.C. Sec. 11431 et seq.
216 (2) "Aggregate data" means data that:
217 (a) are totaled and reported at the group, cohort, school, school district, region, or state
218 level with at least 10 individuals in the level;
219 (b) do not reveal personally identifiable student data; and
220 (c) are collected in accordance with board rule.
221 (3) (a) "Biometric identifier" means a:
222 (i) retina or iris scan;
223 (ii) fingerprint;
224 (iii) human biological sample used for valid scientific testing or screening; or
225 (iv) scan of hand or face geometry.
226 (b) "Biometric identifier" does not include:
227 (i) a writing sample;
228 (ii) a written signature;
229 (iii) a voiceprint;
230 (iv) a photograph;
231 (v) demographic data; or
232 (vi) a physical description, such as height, weight, hair color, or eye color.
233 (4) "Biometric information" means information, regardless of how the information is
234 collected, converted, stored, or shared:
235 (a) based on an individual's biometric identifier; and
236 (b) used to identify the individual.
237 (5) "Board" means the State Board of Education.
238 (6) "Cumulative disciplinary record" means disciplinary student data that is part of a
239 cumulative record.
240 (7) "Cumulative record" means physical or electronic information that the education
241 entity intends:
242 (a) to store in a centralized location for 12 months or more; and
243 (b) for the information to follow the student through the public education system.
244 (8) "Data authorization" means written authorization to collect or share a student's
245 student data, from:
246 (a) the student's parent, if the student is not an adult student; or
247 (b) the student, if the student is an adult student.
248 (9) "Data governance plan" means an education entity's comprehensive plan for
249 managing education data that:
250 (a) incorporates reasonable data industry best practices to maintain and protect student
251 data and other education-related data;
252 (b) provides for necessary technical assistance, training, support, and auditing;
253 (c) describes the process for sharing student data between an education entity and
254 another person;
255 (d) describes the process for an adult student or parent to request that data be
256 expunged; and
257 (e) is published annually and available on the education entity's website.
258 (10) "Education entity" means:
259 (a) the board;
260 (b) a local school board;
261 (c) a charter school governing board;
262 (d) a school district;
263 (e) a charter school;
264 (f) the Utah Schools for the Deaf and the Blind; or
265 (g) for purposes of implementing the School Readiness Initiative described in Title
266 53F, Chapter 6, Part 3, School Readiness Initiative, the School Readiness Board created in
267 Section [
268 (11) "Expunge" means to seal or permanently delete data, as described in board rule
269 made under Section 53E-9-306.
270 (12) "External application" means a general audience:
271 (a) application;
272 (b) piece of software;
273 (c) website; or
274 (d) service.
275 (13) "Individualized education program" or "IEP" means a written statement:
276 (a) for a student with a disability; and
277 (b) that is developed, reviewed, and revised in accordance with the Individuals with
278 Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
279 (14) "Internal application" means an Internet website, online service, online
280 application, mobile application, or software, if the Internet website, online service, online
281 application, mobile application, or software is subject to a third-party contractor's contract with
282 an education entity.
283 (15) "Local education agency" or "LEA" means:
284 (a) a school district;
285 (b) a charter school;
286 (c) the Utah Schools for the Deaf and the Blind; or
287 (d) for purposes of implementing the School Readiness Initiative described in Title
288 53F, Chapter 6, Part 3, School Readiness Initiative, the School Readiness Board created in
289 Section [
290 (16) "Metadata dictionary" means a complete list of an education entity's student data
291 elements and other education-related data elements, that:
292 (a) defines and discloses all data collected, used, stored, and shared by the education
293 entity, including:
294 (i) who uses a data element within an education entity and how a data element is used
295 within an education entity;
296 (ii) if a data element is shared externally, who uses the data element externally and how
297 a data element is shared externally;
298 (iii) restrictions on the use of a data element; and
299 (iv) parent and student rights to a data element;
300 (b) designates student data elements as:
301 (i) necessary student data; or
302 (ii) optional student data;
303 (c) designates student data elements as required by state or federal law; and
304 (d) without disclosing student data or security information, is displayed on the
305 education entity's website.
306 (17) "Necessary student data" means data required by state statute or federal law to
307 conduct the regular activities of an education entity, including:
308 (a) name;
309 (b) date of birth;
310 (c) sex;
311 (d) parent contact information;
312 (e) custodial parent information;
313 (f) contact information;
314 (g) a student identification number;
315 (h) local, state, and national assessment results or an exception from taking a local,
316 state, or national assessment;
317 (i) courses taken and completed, credits earned, and other transcript information;
318 (j) course grades and grade point average;
319 (k) grade level and expected graduation date or graduation cohort;
320 (l) degree, diploma, credential attainment, and other school exit information;
321 (m) attendance and mobility;
322 (n) drop-out data;
323 (o) immunization record or an exception from an immunization record;
324 (p) race;
325 (q) ethnicity;
326 (r) tribal affiliation;
327 (s) remediation efforts;
328 (t) an exception from a vision screening required under Section 53G-9-404 or
329 information collected from a vision screening required under Section 53G-9-404;
330 (u) information related to the Utah Registry of Autism and Developmental Disabilities,
331 described in Section 26-7-4;
332 (v) student injury information;
333 (w) a cumulative disciplinary record created and maintained as described in Section
335 (x) juvenile delinquency records;
336 (y) English language learner status; and
337 (z) child find and special education evaluation data related to initiation of an IEP.
338 (18) (a) "Optional student data" means student data that is not:
339 (i) necessary student data; or
340 (ii) student data that an education entity may not collect under Section 53E-9-305.
341 (b) "Optional student data" includes:
342 (i) information that is:
343 (A) related to an IEP or needed to provide special needs services; and
344 (B) not necessary student data;
345 (ii) biometric information; and
346 (iii) information that is not necessary student data and that is required for a student to
347 participate in a federal or other program.
348 (19) "Parent" means a student's parent or legal guardian.
349 (20) (a) "Personally identifiable student data" means student data that identifies or is
350 used by the holder to identify a student.
351 (b) "Personally identifiable student data" includes:
352 (i) a student's first and last name;
353 (ii) the first and last name of a student's family member;
354 (iii) a student's or a student's family's home or physical address;
355 (iv) a student's email address or other online contact information;
356 (v) a student's telephone number;
357 (vi) a student's social security number;
358 (vii) a student's biometric identifier;
359 (viii) a student's health or disability data;
360 (ix) a student's education entity student identification number;
361 (x) a student's social media user name and password or alias;
362 (xi) if associated with personally identifiable student data, the student's persistent
363 identifier, including:
364 (A) a customer number held in a cookie; or
365 (B) a processor serial number;
366 (xii) a combination of a student's last name or photograph with other information that
367 together permits a person to contact the student online;
368 (xiii) information about a student or a student's family that a person collects online and
369 combines with other personally identifiable student data to identify the student; and
370 (xiv) other information that is linked to a specific student that would allow a
371 reasonable person in the school community, who does not have first-hand knowledge of the
372 student, to identify the student with reasonable certainty.
373 (21) "School official" means an employee or agent of an education entity, if the
374 education entity has authorized the employee or agent to request or receive student data on
375 behalf of the education entity.
376 (22) (a) "Student data" means information about a student at the individual student
378 (b) "Student data" does not include aggregate or de-identified data.
379 (23) "Student data disclosure statement" means a student data disclosure statement
380 described in Section 53E-9-305.
381 (24) "Student data manager" means:
382 (a) the state student data officer; or
383 (b) an individual designated as a student data manager by an education entity under
384 Section 53E-9-303.
385 (25) (a) "Targeted advertising" means presenting advertisements to a student where the
386 advertisement is selected based on information obtained or inferred over time from that
387 student's online behavior, usage of applications, or student data.
388 (b) "Targeted advertising" does not include advertising to a student:
389 (i) at an online location based upon that student's current visit to that location; or
390 (ii) in response to that student's request for information or feedback, without retention
391 of that student's online activities or requests over time for the purpose of targeting subsequent
393 (26) "Third-party contractor" means a person who:
394 (a) is not an education entity; and
395 (b) pursuant to a contract with an education entity, collects or receives student data in
396 order to provide a product or service, as described in the contract, if the product or service is
397 not related to school photography, yearbooks, graduation announcements, or a similar product
398 or service.
399 Section 5. Section 53F-6-301 is amended to read:
400 53F-6-301. Definitions.
401 As used in this part:
402 (1) "Board" means the School Readiness Board, created in Section [
404 (2) "Economically disadvantaged" means [
405 or reduced price lunch.
415 (3) "Eligible home-based educational technology provider" means a provider that
416 intends to offer a home-based educational technology program.
417 (4) "Eligible LEA" means an LEA that has a data system capacity to collect
418 longitudinal academic outcome data, including special education use by student, by identifying
419 each student with a statewide unique student identifier.
420 (5) (a) "Eligible private provider" means a child care program that:
421 (i) (A) except as provided in Subsection (5)(b), is licensed under Title 26, Chapter 39,
422 Utah Child Care Licensing Act; or
423 (B) is exempt from licensure under Section 26-39-403; and
424 (ii) meets other criteria as established by the board, consistent with Utah Constitution,
425 Article X, Section 1.
426 (b) "Eligible private provider" does not include residential child care, as defined in
427 Section 26-39-102.
428 (6) "Eligible student" means a student:
429 (a) who is economically disadvantaged[
430 (b) whose parent or legal guardian reports that the student has experienced at least one
431 risk factor.
432 (7) "Evaluator" means an independent evaluator selected in accordance with Section
434 (8) "High quality school readiness program" means a preschool program that:
435 (a) is provided by an eligible LEA, eligible private provider, or eligible home-based
436 educational technology provider; and
437 (b) meets the elements of a high quality school readiness program described in Section
439 (9) "Investor" means a person that enters into a results-based contract to provide
440 funding to a high quality school readiness program on the condition that the person will receive
441 payment in accordance with Section 53F-6-309 if the high quality school readiness program
442 meets the performance outcome measures included in the results-based contract.
445 (11) "Pay for success program" means a program funded through a model in which the
446 program is initially funded through private funding and the entity providing the private funding
447 receives repayment through public funding if the program achieves certain outcomes.
449 use for a student at-risk for later special education placement in kindergarten through grade 12
450 who receives preschool education funded pursuant to a results-based [
456 (13) "Program intermediary" means an entity selected by the board under Section
457 35A-3-209 to coordinate with the Department of Workforce Services to provide program
458 support to the board.
462 (a) is entered into in accordance with Section 53F-3-309;
463 (b) includes a performance outcome measure; and
464 (c) is between:
465 (i) the board, a provider of a high quality school readiness program, and an investor; or
466 (ii) the board and a provider of a high quality school readiness program.
467 (15) "Risk factor" means:
468 (a) having a mother who was 18 years old or younger when the child was born;
469 (b) a member of a child's household is incarcerated;
470 (c) living in a neighborhood with high violence or crime;
471 (d) having one or both parents with a low reading ability;
472 (e) moving at least once in the past year;
473 (f) having ever been in foster care;
474 (g) living with multiple families in the same household;
475 (h) having exposure in a child's home to:
476 (i) physical abuse or domestic violence;
477 (ii) substance abuse;
478 (iii) the death or chronic illness of a parent or sibling; or
479 (iv) mental illness;
480 (i) the primary language spoken in a child's home is a language other than English; or
481 (j) having at least one parent who has not completed high school.
483 an eligible student who, at preschool entry, scores [
484 below the mean on the assessment selected by the board under Section 53F-6-309.
485 Section 6. Section 53F-6-303 is amended to read:
486 53F-6-303. School Readiness Restricted Account.
487 As described in Section [
488 Account provides funding for this part.
489 Section 7. Section 53F-6-305 is amended to read:
490 53F-6-305. High Quality School Readiness Grant Program.
491 (1) The High Quality School Readiness Grant Program is created to provide grants to
492 the following, in order to upgrade an existing preschool or home-based educational technology
493 program to a high quality school readiness program:
494 (a) an eligible private provider;
495 (b) an eligible LEA; or
496 (c) an eligible home-based educational technology provider.
497 (2) The State Board of Education shall:
498 (a) solicit proposals from eligible LEAs; and
499 (b) make recommendations to the board to award grants to respondents based on
500 criteria described in Subsection (5).
501 (3) The Department of Workforce Services shall:
502 (a) solicit proposals from eligible private providers and eligible home-based
503 educational technology providers; and
504 (b) make recommendations to the board to award grants to respondents based on
505 criteria described in Subsection (5).
506 (4) Subject to legislative appropriations, and the prioritization described in Section
507 35A-3-209, the board shall award grants to respondents based on:
508 (a) the recommendations of the State Board of Education;
509 (b) the recommendations of the Department of Workforce Services; and
510 (c) the criteria described in Subsection (5).
511 (5) (a) In awarding a grant under Subsection (4), the State Board of Education,
512 Department of Workforce Services, and the board shall consider:
513 (i) a respondent's capacity to effectively implement the components described in
514 Section 53F-6-304;
515 (ii) the percentage of a respondent's students who are [
516 eligible students; and
517 (iii) the level of administrative support and leadership at a respondent's program to
518 effectively implement, monitor, and evaluate the program.
519 (b) The board may not award a grant to an LEA without obtaining approval from the
520 State Board of Education to award the grant to the LEA.
521 (6) To receive a grant under this section, a respondent that is an eligible LEA shall
522 submit a proposal to the State Board of Education detailing:
523 (a) the respondent's strategy to implement the high quality components described in
525 (b) the number of students the respondent plans to serve, categorized by age and
527 (c) the number of high quality [
528 respondent plans to operate; and
529 (d) the estimated cost per student.
530 (7) To receive a grant under this section, a respondent that is an eligible private
531 provider or an eligible home-based educational technology provider shall submit a proposal to
532 the Department of Workforce Services detailing:
533 (a) the respondent's strategy to implement the high quality components described in
534 Section 53F-6-304;
535 (b) the number of students the respondent plans to serve, categorized by age and
537 (c) for a respondent that is an eligible private provider, the number of high quality
539 (d) the estimated cost per student.
541 (8) (a) A recipient of a grant under this section shall [
543 preschool program toward achieving the components described in Section 53F-6-304.
544 (b) A recipient of a grant under this section may not enter into a results-based contract
545 while the recipient receives the grant.
546 (9) (a) A grant recipient shall allow classroom or other visits by an [
548 (b) The [
549 (i) determine whether a grant recipient has effectively implemented the components
550 described in Section 53F-6-304; and
551 (ii) report the [
559 (10) A recipient of a grant under this section shall ensure that each student who is
560 enrolled in a classroom or who uses a home-based educational technology program supported
561 by the grant has a unique student identifier by:
562 (a) if the recipient is an eligible LEA, assigning a unique student identifier to each
563 student enrolled in the classroom; or
564 (b) if the recipient is an eligible private provider or eligible home-based educational
565 technology provider, working with the State Board of Education to assign a unique student
566 identifier to each student enrolled in the classroom or who uses the home-based educational
567 technology program.
568 (11) A grant recipient that is an LEA shall report annually to the board and the State
569 Board of Education the following:
570 (a) number of students served by the preschool, [
572 (b) attendance;
573 (c) cost per student; and
574 (d) assessment results.
575 (12) A grant recipient that is an eligible private provider or an eligible home-based
576 educational technology provider shall report annually to the board and the Department of
577 Workforce Services the following:
578 (a) number of students served by the preschool or program, [
580 (b) attendance;
581 (c) cost per student; and
582 (d) assessment results.
583 (13) The State Board of Education and the Department of Workforce Services shall
584 make rules to effectively administer and monitor the [
586 (a) requiring grant recipients to use the pre- and post-assessment selected by the board
587 in accordance with Section 53F-6-309; and
588 (b) establishing reporting requirements for grant recipients.
589 (14) At the request of the board, the State Board of Education and the Department of
590 Workforce Services shall annually share the information received from grant recipients
591 described in Subsections (11) and (12) with the board.
592 Section 8. Section 53F-6-306 is repealed and reenacted to read:
593 53F-6-306. Requirements for a school readiness program to receive funding
594 through a results-based contract.
595 (1) As used in this section:
596 (a) "Participating program operator" means an eligible LEA, an eligible private
597 provider, or an eligible home-based educational technology provider, that is a party to a
598 results-based contract.
599 (b) "Program" means a school readiness program funded through a results-based
601 (2) (a) Subject to the requirements of this part, an eligible LEA, an eligible private
602 provider, or an eligible home-based educational technology provider that operates a high
603 quality school readiness program may enter into and receive funding through a results-based
605 (b) An eligible LEA, an eligible private provider, or an eligible home-based
606 educational technology provider may not enter into a results-based contract while receiving a
607 grant under Section 53F-6-305.
608 (3) A participating program operator shall ensure that each student who is enrolled in a
609 classroom, or who uses a home-based educational technology, that is part of a participating
610 program operator's program has a unique student identifier by:
611 (a) if the participating program operator is an eligible LEA, assigning a unique student
612 identifier to each student enrolled in the classroom; or
613 (b) if the participating program operator is an eligible private provider or eligible
614 home-based technology provider, working with the State Board of Education to assign a unique
615 student identifier to each student enrolled in the classroom or who uses the home-based
616 educational technology.
617 (4) A participating program operator may not use funds received through a
618 results-based contract to supplant funds for an existing high quality school readiness program,
619 but may use the funds to supplement an existing high quality school readiness program.
620 (5) (a) If not prohibited by the Elementary and Secondary Education Act of 1965, 20
621 U.S.C. Secs. 6301-6576, a participating program operator may charge a sliding scale fee, based
622 on household income, to a student enrolled in the participating program operator's program.
623 (b) A participating program operator may use grants, scholarships, or other money to
624 help fund the program.
625 (6) A participating program operator shall:
626 (a) select an evaluator to annually evaluate:
627 (i) the results of the pre- and post-assessment described in Section 53F-6-309 for each
628 eligible student funded through a results-based contract;
629 (ii) performance on the performance outcome measure as described in Section
630 53F-6-309; and
631 (iii) for a participating program operator that is a home-based educational technology
632 provider, whether the home-based educational technology is being used with fidelity; and
633 (b) allow classroom visits to ensure the program meets the requirements described in
634 this part by:
635 (i) the evaluator;
636 (ii) the program intermediary;
637 (iii) the investor, if applicable;
638 (iv) the State Board of Education; and
639 (v) the Department of Workforce Services.
640 (7) (a) A participating program operator that is an eligible LEA may contract with an
641 eligible private provider to provide a high quality school readiness program to a portion of the
642 LEA's eligible students if:
643 (i) the results-based contract specifies the number of students to be served by the
644 eligible private provider;
645 (ii) the eligible private provider meets the requirements described in this section for a
646 participating program operator;
647 (iii) the eligible private provider reports the information described in Section
648 53F-6-310 to the board and the contracting eligible LEA; and
649 (iv) the contractual partnership is consistent with Utah Constitution, Article X, Section
651 (b) An eligible LEA that contracts with an eligible private provider shall provide
652 supportive services to the eligible private provider, which may include:
653 (i) professional development;
654 (ii) staffing or staff support;
655 (iii) materials; or
656 (iv) assessments.
657 Section 9. Section 53F-6-309 is amended to read:
658 53F-6-309. Results-based contracts -- Assessment selection -- Independent
668 (1) The board may enter into a results-based contract to fund participation of eligible
669 students in a high quality school readiness program in accordance with Section 35A-3-209 and
670 this part.
671 (2) (a) Except as provided in Subsection (3), the board shall include an investor as a
672 party to a results-based contract.
674 include a return of investment and an additional return on investment, dependent on
675 achievement of [
677 may not exceed 5% above the current Municipal Market Data General Obligation Bond AAA
678 scale for a 10 year maturity at the time of the issuance of the results-based [
681 results-based contract that includes an investor is not a procurement item under Section
685 on [
687 performance [
690 described in Section 35A-3-210; and
695 (f) The board may not issue a results-based contract that includes an investor as a party
696 to the contract if the total outstanding obligations of results-based contracts that include an
697 investor as a party to the contract would exceed $15,000,000 at any one time.
698 (3) (a) The board may enter into a results-based contract to directly fund a high quality
699 school readiness program that has at least four years of data for at least one cohort of students
700 showing that the high quality school readiness program has met a performance outcome
702 (b) A results-based contract described in Subsection (3)(a):
703 (i) does not require an investor; and
704 (ii) shall include a provision that:
705 (A) requires that in order to continue receiving funding, the high quality school
706 readiness program continue to meet a performance outcome measure; and
707 (B) provides an improvement time frame during which the high quality school
708 readiness program may continue to receive funding if the high quality school readiness
709 program fails to continue to meet the performance outcome measure.
714 (4) The board shall select a uniform assessment of age-appropriate cognitive or
715 language skills that:
716 (a) is nationally norm-referenced;
717 (b) has established reliability;
718 (c) has established validity with other similar measures and with later school outcomes;
720 (d) has strong psychometric characteristics.
721 (5) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the board
722 shall select at least three independent evaluators with experience in:
723 (i) evaluating school readiness programs; and
724 (ii) administering the assessment selected under Subsection (4).
725 (b) An eligible LEA, eligible private provider, or eligible home-based educational
726 technology provider that has a results-based contract shall select one of the evaluators
727 described in Subsection (5)(a) to conduct an evaluation described in Section 53F-6-306.
728 (c) The board shall select one of the evaluators described in Subsection (5)(a) to
729 conduct an evaluation described in Section 53F-6-305.
731 through a results-based contract completes kindergarten, the independent evaluator described in
732 Subsection (5)(b) shall determine whether the performance outcome measures set in the
733 results-based contract have been met.
737 (b) The board may not pay an investor unless the evaluation described in Subsection
738 (6)(a) determines that the performance outcome measures in the results-based contract have
739 been met.
741 participating in a program funded [
742 permission and signed an acknowledgment that the student's data may be shared with an
743 independent evaluator for research and evaluation purposes, subject to federal law.
744 (b) The board shall maintain documentation of parental permission required in
745 Subsection [
746 Section 10. Section 53F-6-310 is amended to read:
747 53F-6-310. Reporting requirements for a recipient of funding through a
748 results-based contract -- Reporting to the Legislature.
749 (1) An eligible LEA, eligible private provider, or eligible home-based educational
750 technology provider that receives funds [
752 students funded in whole or in part [
753 (a) the number of eligible students served by the [
755 economically disadvantaged status [
756 risk factors reported for each eligible student;
757 (b) attendance;
758 (c) cost per eligible student;
759 (d) assessment results of the pre- and post-assessments [
760 described in Section 53F-6-309;
761 (e) results of the assessments described in Section 53E-4-314; and
762 (f) for an eligible home-based educational technology provider, the average time, and
763 range of time usage, that an eligible student who does not attend another preschool program
764 spends using the home-based educational technology program per week.
766 longitudinal data on eligible students currently [
767 any eligible students who previously [
771 (d) scores on the kindergarten entry and exit assessment described in Section
774 Education Interim Committee [
775 Services Interim Committee:
776 (a) information [
777 LEA, private provider, and home-based educational technology provider; [
778 (b) the data described in Subsection (2); and
780 (i) the name of [
781 (ii) the amount of money each [
782 (iii) the performance outcome measures set in the results-based contract by which
783 repayment [
784 (iv) the repayment schedule to the [
786 Section 11. Section 63J-1-602.2 is amended to read:
787 63J-1-602.2. List of nonlapsing funds and accounts -- Title 31 through Title 45.
788 (1) Appropriations from the Technology Development Restricted Account created in
789 Section 31A-3-104.
790 (2) Appropriations from the Criminal Background Check Restricted Account created in
791 Section 31A-3-105.
792 (3) Appropriations from the Captive Insurance Restricted Account created in Section
793 31A-3-304, except to the extent that Section 31A-3-304 makes the money received under that
794 section free revenue.
795 (4) Appropriations from the Title Licensee Enforcement Restricted Account created in
796 Section 31A-23a-415.
797 (5) Appropriations from the Health Insurance Actuarial Review Restricted Account
798 created in Section 31A-30-115.
799 (6) Appropriations from the Insurance Fraud Investigation Restricted Account created
800 in Section 31A-31-108.
801 (7) Appropriations from the Underage Drinking Prevention Media and Education
802 Campaign Restricted Account created in Section 32B-2-306.
803 (8) The School Readiness Restricted Account created in Section 35A-3-210.
805 of Workforce Services, as provided in Section 35A-3-401.
810 (12) Money received by the Utah State Office of Rehabilitation for the sale of certain
811 products or services, as provided in Section 35A-13-202.
813 Section 36-24-101.
817 Section 40-6-14.5.
819 created by Section 41-1a-121 to the Motor Vehicle Division.
821 (a) purchase and distribution of license plates and decals; and
822 (b) administration and enforcement of motor vehicle registration requirements.
824 Permit Restricted Account created by Section 41-3-110 to the Tax Commission.
825 Section 12. Section 63J-1-602.3 is amended to read:
826 63J-1-602.3. List of nonlapsing funds and accounts -- Title 46 through Title 60.
827 (1) The Utah Law Enforcement Memorial Support Restricted Account created in
828 Section 53-1-120.
829 (2) Funding for the Search and Rescue Financial Assistance Program, as provided in
830 Section 53-2a-1102.
831 (3) Appropriations made to the Division of Emergency Management from the State
832 Disaster Recovery Restricted Account, as provided in Section 53-2a-603.
833 (4) Appropriations made to the Department of Public Safety from the Department of
834 Public Safety Restricted Account, as provided in Section 53-3-106.
835 (5) Appropriations to the Motorcycle Rider Education Program, as provided in Section
837 (6) Appropriations from the Utah Highway Patrol Aero Bureau Restricted Account
838 created in Section 53-8-303.
839 (7) Appropriations from the DNA Specimen Restricted Account created in Section
841 (8) The Canine Body Armor Restricted Account created in Section 53-16-201.
848 Regents for teacher preparation programs, as provided in Section 53B-6-104.
850 Education Council, as provided in Section 53B-24-202.
852 School Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
853 (12) Appropriations to the State Board of Education, as provided in Section 53F-2-205.
855 Regulatory Restricted Account created in Section 54-5-1.5.
857 Licensing for violation of unlawful or unprofessional conduct that are used for education and
858 enforcement purposes, as provided in Section 58-17b-505.
860 Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
861 provided in Section 58-63-103.
863 in Section 59-9-105.
865 Section 13. Repealer.
866 This bill repeals:
867 Section 53F-6-307, High quality preschool programs for eligible private providers.
868 Section 53F-6-308, Home-based educational technology for school readiness.
869 Section 14. Appropriation.
870 The following sums of money are appropriated for the fiscal year beginning July 1,
871 2018, and ending June 30, 2019. These are additions to amounts previously appropriated for
872 fiscal year 2019. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
873 Act, the Legislature appropriates the following sums of money from the funds or accounts
874 indicated for the use and support of the government of the state of Utah.
875 ITEM 1
876 To Department of Workforce Services - Operations and Policy
877 From General Fund Restricted - School Readiness Account
878 From General Fund Restricted - School Readiness Account,
880 Schedule of Programs:
881 Workforce Development $10,276,900
882 ITEM 2
883 To State Board of Education - State Administrative Office
884 From General Fund Restricted - School Readiness Account
885 From General Fund Restricted - School Readiness Account,
887 Schedule of Programs:
888 Data and Statistics $14,400
889 Information Technology $120,700
890 ITEM 3
891 To State Board of Education - General System Support
892 From General Fund Restrict - School Readiness Account,
894 Schedule of Programs:
895 Teaching and Learning $88,000
896 ITEM 4
897 To Governor's Office - Governor's Office of Management and Budget
898 From General Fund Restricted - School Readiness Account
899 Schedule of Programs:
900 School Readiness Initiative ($200,000)
901 ITEM 5
902 To Governor's Office - School Readiness Initiative
903 From General Fund Restricted - School Readiness Account
904 Schedule of Programs:
905 School Readiness Initiative ($2,800,000)
906 The Legislature intends that the Division of Finance lapse any un-expended balances
907 remaining in the Governor's Office - School Readiness Initiative line item back to the General
908 Fund Restricted - School Readiness Account at the close of fiscal year 2018.
909 Section 15. Effective date.
910 This bill takes effect on July 1, 2018.