Senator Howard A. Stephenson proposes the following substitute bill:


1     
READING SOFTWARE PROGRAM AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Howard A. Stephenson

5     
House Sponsor: Bradley G. Last

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions regarding certain public education reading software.
10     Highlighted Provisions:
11          This bill:
12          ▸     eliminates public school usage requirements for early interactive reading software;
13          ▸     authorizes the State Board of Education to acquire certain analytical software to
14     facilitate administering the reading software program; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          53F-4-203, as enacted by Laws of Utah 2018, Chapter 2
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 53F-4-203 is amended to read:
26          53F-4-203. Early intervention interactive reading software -- Independent
27     evaluator.
28          [(1) In addition to an enhanced kindergarten program described in Section 53F-2-507,
29     the early intervention program includes a component to address early reading through the use
30     of early interactive reading software.]
31          [(2)] (1) (a) Subject to legislative appropriations, the State Board of Education shall
32     select and contract with one or more technology providers, through a request for proposals
33     process, to provide early interactive reading software for literacy instruction and assessments
34     for students in kindergarten through grade 3.
35          (b) By August 1 of each year, the State Board of Education shall distribute licenses for
36     early interactive reading software described in Subsection [(2)] (1)(a) to the school districts and
37     charter schools of local education boards that apply for the licenses.
38          (c) Except as provided in [Subsection (3)(c)] board rule, a school district or charter
39     school that received a license described in Subsection [(2)] (1)(b) during the prior year shall be
40     given first priority to receive an equivalent license during the current year.
41          (d) Licenses distributed to school districts and charter schools in addition to the
42     licenses described in Subsection [(2)] (1)(c) shall be distributed through a competitive process.
43          [(3) (a) As used in this Subsection (3), "dosage" means amount of instructional time.]
44          [(b)] (2) A public school that receives a license described in Subsection [(2)] (1)(b)
45     shall use the license:
46          [(i)] (a) for a student in kindergarten or grade 1:
47          [(A)] (i) for intervention for the student if the student is reading below grade level; or
48          [(B)] (ii) for advancement beyond grade level for the student if the student is reading at
49     or above grade level; and
50          [(ii)] (b) for a student in grade 2 or 3, for intervention for the student if the student is
51     reading below grade level[; and].
52          [(iii) in accordance with the technology provider's dosage recommendations.]
53          [(c) A public school that does not use the early interactive reading software in
54     accordance with the technology provider's dosage recommendations for two consecutive years
55     may not continue to receive a license.]
56          [(4)] (3) (a) On or before August 1 of each year, the State Board of Education shall
57     select and contract with an independent evaluator, through a request for proposals process, to
58     act as an independent contractor to evaluate early interactive reading software provided under
59     this section.
60          (b) The State Board of Education shall ensure that a contract with an independent
61     evaluator requires the independent evaluator to:
62          (i) evaluate a student's learning gains as a result of using early interactive reading
63     software provided under Subsection [(2)] (1);
64          (ii) for the evaluation under Subsection [(4)] (3)(b)(i), use an assessment that is not
65     developed by a provider of early interactive reading software; and
66          (iii) determine the extent to which a public school uses the early interactive reading
67     software [in accordance with a technology provider's dosage recommendations under
68     Subsection (3)].
69          (c) The State Board of Education and the independent evaluator selected under
70     Subsection [(4)] (3)(a) shall report annually on the results of the evaluation to the Education
71     Interim Committee and the governor.
72          [(d)] (4) The State Board of Education may use up to 4% of the appropriation provided
73     under Subsection [(2)] (1)(a) to:
74          (a) acquire an analytical software program that:
75          (i) monitors, for an individual school, early intervention interactive reading software
76     use and the associated impact on student performance; and
77          (ii) analyzes the information gathered under Subsection (4)(a)(i) to prescribe individual
78     school usage time to maximize the beneficial impact on student performance; and
79          (b) contract with an independent evaluator selected under Subsection [(4)] (3)(a).