Representative Bradley G. Last proposes the following substitute bill:


1     
SCHOOL READINESS AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ann Millner

5     
House Sponsor: Bradley G. Last

6     

7     LONG TITLE
8     General Description:
9          This bill amends and enacts preschool provisions.
10     Highlighted Provisions:
11          This bill:
12          ▸     renumbers and amends provisions of the High Quality School Readiness Program
13     and the School Readiness Initiative and enacts, under the School Readiness Board
14     (Readiness Board) within the Department of Workforce Services (Department),
15     Title 35A, Chapter 15, Preschool Programs, including enacting and amending:
16               •     definitions;
17               •     provisions related to the membership and duties of the Readiness Board;
18               •     provisions governing grants to become or expand an existing high quality school
19     readiness program;
20               •     provisions requiring the State Board of Education (State Board) to conduct
21     preschool evaluations and provide reports; and
22               •     provisions governing results-based contracts for a school readiness program;
23          ▸     amends school readiness assessment provisions;
24          ▸     amends UPSTART definitions;
25          ▸     requires a contractor to cooperate with certain private preschool provider personnel;

26          ▸     directs the State Board, when entering a contract with an UPSTART provider, to
27     require the provider to prioritize enrollment of preschool children living within the
28     boundaries of a qualified school or enrolled in a qualified preschool;
29          ▸     allows certain qualified participants to obtain a computer and other services for the
30     duration of the qualified participant's participation in UPSTART;
31          ▸     allows the State Board to use certain appropriations for administration of the
32     UPSTART program;
33          ▸     requires the UPSTART program evaluator to use certain assessments;
34          ▸     requires the State Board to report on the number of private preschool providers and
35     public preschools participating in the program;
36          ▸     repeals:
37               •     the Intergenerational Poverty School Readiness Scholarship Program and related
38     provisions;
39               •     the home-based technology high quality school readiness program;
40               •     provisions authorizing the State Board or a school district to purchase
41     computers, peripheral equipment, and Internet service for low income families;
42               •     provisions requiring an UPSTART contractor to obtain certain supporting
43     documentation from participating individuals; and
44               •     provisions requiring the Department to provide certain training to early
45     childhood teachers; and
46          ▸     makes technical and conforming changes.
47     Money Appropriated in this Bill:
48          This bill appropriates in fiscal year 2020:
49          ▸     to Department of Workforce Services - Operations and Policy - Workforce
50     Development Division, as an ongoing appropriation:
51               •     from the General Fund, $6,000,000;
52          ▸     to State Board of Education - General System Support - Teaching and Learning, as
53     an ongoing appropriation:
54               •     from the Education Fund, $500,000; and
55          ▸     to the State Board of Education - Initiative Programs - UPSTART, as an ongoing
56     appropriation:

57               •     from the Education Fund, $5,500,000.
58     Other Special Clauses:
59          This bill provides coordination clauses.
60     Utah Code Sections Affected:
61     AMENDS:
62          53E-4-308, as renumbered and amended by Laws of Utah 2018, Chapter 1
63          53E-4-314, as enacted by Laws of Utah 2018, Chapter 389
64          53E-9-301, as last amended by Laws of Utah 2018, Chapters 304, 389 and renumbered
65     and amended by Laws of Utah 2018, Chapter 1
66          53F-4-401, as renumbered and amended by Laws of Utah 2018, Chapter 2
67          53F-4-402, as last amended by Laws of Utah 2018, Chapter 163 and renumbered and
68     amended by Laws of Utah 2018, Chapter 2
69          53F-4-403, as renumbered and amended by Laws of Utah 2018, Chapter 2
70          53F-4-404, as renumbered and amended by Laws of Utah 2018, Chapter 2
71          53F-4-406, as renumbered and amended by Laws of Utah 2018, Chapter 2
72          53F-4-407, as renumbered and amended by Laws of Utah 2018, Chapter 2
73          63J-1-602.1, as last amended by Laws of Utah 2018, Chapters 114, 347, 430 and
74     repealed and reenacted by Laws of Utah 2018, Chapter 469
75     ENACTS:
76          35A-15-101, Utah Code Annotated 1953
77          35A-15-303, Utah Code Annotated 1953
78     RENUMBERS AND AMENDS:
79          35A-15-102, (Renumbered from 53F-6-301, as last amended by Laws of Utah 2018,
80     Chapter 389 and renumbered and amended by Laws of Utah 2018, Chapter 2)
81          35A-15-201, (Renumbered from 35A-3-209, as renumbered and amended by Laws of
82     Utah 2018, Chapter 389)
83          35A-15-202, (Renumbered from 53F-6-304, as renumbered and amended by Laws of
84     Utah 2018, Chapter 2)
85          35A-15-203, (Renumbered from 35A-3-210, as renumbered and amended by Laws of
86     Utah 2018, Chapter 389)
87          35A-15-301, (Renumbered from 53F-6-305, as last amended by Laws of Utah 2018,

88     Chapter 389 and renumbered and amended by Laws of Utah 2018, Chapter 2)
89          35A-15-302, (Renumbered from 53F-5-303, as renumbered and amended by Laws of
90     Utah 2018, Chapter 2)
91          35A-15-401, (Renumbered from 53F-6-306, as renumbered and amended by Laws of
92     Utah 2018, Chapter 2 and repealed and reenacted by Laws of Utah 2018, Chapter
93     389)
94          35A-15-402, (Renumbered from 53F-6-309, as last amended by Laws of Utah 2018,
95     Chapter 389 and renumbered and amended by Laws of Utah 2018, Chapter 2)
96     REPEALS:
97          35A-9-401, as last amended by Laws of Utah 2018, Chapter 415
98          53F-4-405, as renumbered and amended by Laws of Utah 2018, Chapter 2
99          53F-5-301, as renumbered and amended by Laws of Utah 2018, Chapter 2
100          53F-5-302, as renumbered and amended by Laws of Utah 2018, Chapter 2
101          53F-5-304, as renumbered and amended by Laws of Utah 2018, Chapter 2
102          53F-5-305, as renumbered and amended by Laws of Utah 2018, Chapter 2
103          53F-5-306, as renumbered and amended by Laws of Utah 2018, Chapter 2
104          53F-5-307, as renumbered and amended by Laws of Utah 2018, Chapter 2
105          53F-6-303, as last amended by Laws of Utah 2018, Chapter 389
106          53F-6-310, as last amended by Laws of Utah 2018, Chapter 389 and renumbered and
107     amended by Laws of Utah 2018, Chapter 2
108     Utah Code Sections Affected by Coordination Clause:
109          35A-15-102, Utah Code Annotated 1953
110          35A-15-202, Utah Code Annotated 1953
111          35A-15-301, Utah Code Annotated 1953
112          35A-15-302, Utah Code Annotated 1953
113          35A-15-303, Utah Code Annotated 1953
114          35A-15-401, Utah Code Annotated 1953
115          35A-15-402, Utah Code Annotated 1953
116          53E-1-201, as enacted by Laws of Utah 2018, Chapter 1
117          53F-5-303, as renumbered and amended by Laws of Utah 2018, Chapter 2
118          53F-6-301, as last amended by Laws of Utah 2018, Chapter 389 and renumbered and

119     amended by Laws of Utah 2018, Chapter 2
120          53F-6-304, as renumbered and amended by Laws of Utah 2018, Chapter 2
121          53F-6-305, as last amended by Laws of Utah 2018, Chapter 389 and renumbered and
122     amended by Laws of Utah 2018, Chapter 2
123          53F-6-306, as renumbered and amended by Laws of Utah 2018, Chapter 2 and repealed
124     and reenacted by Laws of Utah 2018, Chapter 389
125          53F-6-309, as last amended by Laws of Utah 2018, Chapter 389 and renumbered and
126     amended by Laws of Utah 2018, Chapter 2
127     

128     Be it enacted by the Legislature of the state of Utah:
129          Section 1. Section 35A-15-101 is enacted to read:
130     
CHAPTER 15. PRESCHOOL PROGRAMS

131     
Part 1. General Provisions

132          35A-15-101. Title.
133          This chapter is known as "Preschool Programs."
134          Section 2. Section 35A-15-102, which is renumbered from Section 53F-6-301 is
135     renumbered and amended to read:
136          [53F-6-301].      35A-15-102. Definitions.
137          As used in this [part] chapter:
138          (1) "Board" means the School Readiness Board, created in Section [35A-3-209]
139     35A-15-201.
140          (2) "Economically disadvantaged" means to be eligible to receive free or reduced price
141     lunch.
142          (3) "Eligible home-based educational technology provider" means a provider that
143     [intends to offer] offers a home-based educational technology program to develop the school
144     readiness skills of an eligible student.
145          (4) (a) "Eligible LEA" means an LEA that has a data system capacity to collect
146     longitudinal academic outcome data, including special education use by student, by identifying
147     each student with a statewide unique student identifier.
148          (b) "Eligible LEA" includes a program exempt from licensure under Subsection
149     26-39-403(2)(c).

150          (5) (a) "Eligible private provider" means a child care program that:
151          (i) [(A) except as provided in Subsection (5)(b),] is licensed under Title 26, Chapter
152     39, Utah Child Care Licensing Act; or
153          [(B)] (ii) except as provided in Subsection (5)(b)(ii), is exempt from licensure under
154     Section 26-39-403[; and].
155          [(ii) meets other criteria as established by the board, consistent with Utah Constitution,
156     Article X, Section 1.]
157          (b) "Eligible private provider" does not include:
158          (i) residential child care, as defined in Section 26-39-102[.]; or
159          (ii) a program exempt from licensure under Subsection 26-39-403(2)(c).
160          (6) "Eligible student" means a student:
161          (a) (i) who is age three, four, or five; and
162          (ii) is not eligible for enrollment under Subsection 53G-4-402(6); and
163          [(a)] (b) (i) (A) who is economically disadvantaged; and
164          [(b)] (B) whose parent or legal guardian reports that the student has experienced at
165     least one risk factor[.]; or
166          (ii) is an English learner.
167          (7) ["Evaluator"] "Evaluation" means an [independent evaluator selected in accordance
168     with Section 53F-3-309.] evaluation conducted in accordance with Section 35A-15-303.
169          (8) "High quality school readiness program" means a preschool program that:
170          (a) is provided by an eligible LEA, eligible private provider, or eligible home-based
171     educational technology provider; and
172          (b) meets the elements of a high quality school readiness program described in Section
173     [53F-6-304] 35A-15-202.
174          (9) "Investor" means a person that enters into a results-based contract to provide
175     funding to a high quality school readiness program on the condition that the person will receive
176     payment in accordance with Section [53F-6-309] 35A-15-402 if the high quality school
177     readiness program meets the performance outcome measures included in the results-based
178     contract.
179          (10) "Kindergarten assessment" means the kindergarten entry assessment described in
180     Section 53F-4-205.

181          (11) "Kindergarten transition plan" means a plan that supports the smooth transition of
182     a preschool student to kindergarten and includes communication and alignment among the
183     preschool, program, parents, and K-12 personnel.
184          [(10)] (12) "Local Education Agency" or "LEA" means a school district or charter
185     school.
186          [(11) "Pay for success program" means a program funded through a model in which the
187     program is initially funded through private funding and the entity providing the private funding
188     receives repayment through public funding if the program achieves certain outcomes.]
189          [(12)] (13) "Performance outcome measure" means [a cost avoidance in special
190     education use for a student at-risk for later special education placement in kindergarten through
191     grade 12 who receives preschool education funded pursuant to a results-based contract.]:
192          (a) indicators, as determined by the board, on the school readiness assessment and the
193     kindergarten assessment; or
194          (b) for a results-based contract, the indicators included in the contract.
195          [(13) "Program intermediary" means an entity selected by the board under Section
196     35A-3-209 to coordinate with the Department of Workforce Services to provide program
197     support to the board.]
198          (14) "Results-based contract" means a contract that:
199          (a) is entered into in accordance with Section [53F-3-309] 35A-15-402;
200          (b) includes a performance outcome measure; and
201          (c) is between[:(i)] the board, a provider of a high quality school readiness program,
202     and an investor[; or].
203          [(ii) the board and a provider of a high quality school readiness program.]
204          (15) "Risk factor" means:
205          (a) having a mother who was 18 years old or younger when the child was born;
206          (b) a member of a child's household is incarcerated;
207          (c) living in a neighborhood with high violence or crime;
208          (d) having one or both parents with a low reading ability;
209          (e) moving at least once in the past year;
210          (f) having ever been in foster care;
211          (g) living with multiple families in the same household;

212          (h) having exposure in a child's home to:
213          (i) physical abuse or domestic violence;
214          (ii) substance abuse;
215          (iii) the death or chronic illness of a parent or sibling; or
216          (iv) mental illness;
217          (i) the primary language spoken in a child's home is a language other than English; or
218          (j) having at least one parent who has not completed high school.
219          [(16) "Student at-risk for later special education placement" means an eligible student
220     who, at preschool entry, scores at least two standard deviations below the mean on the
221     assessment selected by the board under Section 53F-6-309.]
222          (16) "School readiness assessment" means the same as that term is defined in Section
223     53E-4-314.
224          (17) "Tool" means the tool developed in accordance with Section 35A-15-303.
225          Section 3. Section 35A-15-201, which is renumbered from Section 35A-3-209 is
226     renumbered and amended to read:
227     
Part 2. School Readiness Board and Account

228          [35A-3-209].      35A-15-201. Establishment of the School Readiness Board --
229     Membership -- Funding prioritization.
230          [(1) The terms defined in Section 53F-6-301 apply to this section.]
231          [(2)] (1) There is created the School Readiness Board within the [Department of
232     Workforce Services] department composed of:
233          (a) the executive director [of the Department of Workforces Services] or the executive
234     director's designee;
235          (b) one member appointed by the State Board of Education;
236          (c) one member appointed by the chair of the State Charter School Board;
237          (d) [one member who has] two members who have research experience in the area of
238     early childhood development, [including special education,] with:
239          (i) one member who is not a legislator and is appointed by the speaker of the House of
240     Representatives; and
241          (ii) one member who represents the Utah Data Research Center appointed by the
242     executive director;

243          (e) one member, who is not a legislator and is appointed by the president of the Senate,
244     who:
245          (i) has expertise in [pay for success programs] results-based contracts; or
246          (ii) represents a financial institution that has experience managing a portfolio that
247     meets the requirements of the Community Reinvestment Act, 12 U.S.C. Sec. 2901 et seq.;
248          (f) one member, appointed by the executive director, who has expertise in early
249     childhood education;
250          (g) one member, appointed by the state superintendent, who has expertise in early
251     childhood education;
252          (h) one member, appointed by the governor, who represents a nonprofit corporation
253     that focuses on early childhood education; and
254          (i) one member, appointed by the executive director, who owns and operates a licensed
255     child care center located in the state.
256          [(3)] (2) (a) A member described in Subsection [(2)] (1)(b), (c), (d), [or] (e), (f), (g), or
257     (h) shall serve for a term of two years.
258          (b) If a vacancy occurs for a member described in Subsection [(2)] (1)(b), (c), (d), [or]
259     (e), (f), (g), or (h), the [person] individual appointing the member shall appoint a replacement
260     to serve the remainder of the member's term.
261          [(4)] (3) (a) A member may not receive compensation or benefits for the member's
262     service.
263          (b) A member may serve more than one term.
264          [(5)] (4) The department shall provide staff support to the board.
265          [(6)] (5) (a) The board members shall elect a chair of the board from the board's
266     membership.
267          (b) The board shall meet upon the call of the chair or a majority of the board members.
268          (6) In allocating funding received under this chapter, the board shall:
269          (a) give first priority to repayment of an investor who is a party to a results-based
270     contract under the Laws of Utah, 2014, Chapter 304, Section 10; and
271          (b) determine prioritization of funding for the remaining programs described in this
272     chapter.
273          [(7) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, and subject to

274     Subsection (8), the board shall:]
275          [(a) select a program intermediary that:]
276          [(i) is a nonprofit entity; and]
277          [(ii) has experience:]
278          [(A) developing and executing contracts;]
279          [(B) structuring the terms and conditions of a pay for success program;]
280          [(C) coordinating the funding and management of a pay for success program; and]
281          [(D) raising private investment capital necessary to fund program services related to a
282     pay for success program; and]
283          [(b) enter into a contract with the program intermediary.]
284          [(8) The board may not enter into a contract described in Subsection (7) without the
285     consent of the department regarding:]
286          [(a) the program intermediary selected; and]
287          [(b) the terms of the contract.]
288          [(9) A contract described in Subsection (7)(b) shall:]
289          [(a) require the program intermediary to:]
290          [(i) seek out participants for results-based contracts;]
291          [(ii) advise the board on results-based contracts; and]
292          [(iii) make recommendations directly to the board on:]
293          [(A) when to enter a results-based contract; and]
294          [(B) the terms of a results-based contract; and]
295          [(b) include a provision that the program intermediary is not eligible to receive or view
296     personally identifiable student data of eligible students funded under the School Readiness
297     Initiative described in this part and Title 53F, Chapter 6, Part 3, School Readiness Initiative.]
298          [(10) In allocating funding, the board shall:]
299          [(a) give first priority to a results-based contract described in Subsection 53F-6-309(3)
300     to fund a high quality school readiness program directly;]
301          [(b) give second priority to a results-based contract that includes an investor; and]
302          [(c) give third priority to a grant described in Section 53F-6-305.]
303          [(11) Other powers and duties of the board are described in Title 53F, Chapter 6, Part
304     3, School Readiness Initiative.]

305          Section 4. Section 35A-15-202, which is renumbered from Section 53F-6-304 is
306     renumbered and amended to read:
307          [53F-6-304].      35A-15-202. Elements of a high quality school readiness
308     program.
309          (1) A high quality school readiness program run by an eligible LEA or eligible private
310     provider shall include the following components:
311          (a) an evidence-based curriculum that is aligned with all of the developmental domains
312     and academic content areas defined in the Utah Early Childhood Standards adopted by the
313     State Board of Education[, and] that incorporates:
314          (i) intentional and differentiated instruction in whole group, small group, and
315     child-directed learning[, including the following academic content areas:]; and
316          (ii) explicit instruction in key areas of literacy and numeracy, as determined by the
317     State Board of Education, that:
318          (A) is teacher led or through a partnership with a contractor as defined in Section
319     53F-4-401;
320          (B) includes specific literary and numeracy skills, such as phonological awareness; and
321          (C) includes provider monitoring and ongoing professional learning and coaching;
322          [(i) oral language and listening comprehension;]
323          [(ii) phonological awareness and prereading;]
324          [(iii) alphabet and word knowledge;]
325          [(iv) prewriting;]
326          [(v) book knowledge and print awareness;]
327          [(vi) numeracy;]
328          [(vii) creative arts;]
329          [(viii) science and technology; and]
330          [(ix) social studies, health, and safety;]
331          (b) ongoing, focused, and intensive professional development for staff of the school
332     readiness program;
333          (c) ongoing assessment of a student's educational growth and developmental progress
334     to inform instruction;
335          (d) [a pre- and post-assessment of each student whose parent or legal guardian consents

336     to the assessment that, for a school readiness program receiving funding under this part, is
337     selected by the board in accordance with Section 53F-6-309] administration of the school
338     readiness assessment to each student;
339          (e) for a preschool program run by an eligible LEA, a class size that does not exceed 20
340     students, with one adult for every 10 students in the class;
341          (f) ongoing program evaluation and data collection to monitor program goal
342     achievement and implementation of required program components;
343          (g) family engagement, including ongoing communication between home and school,
344     and parent education opportunities based on each family's circumstances;
345          (h) for a preschool program run by an eligible LEA, each teacher having at least
346     obtained:
347          (i) the minimum standard of a child development associate certification; or
348          (ii) an associate or bachelor's degree in an early childhood education related field; [and]
349          (i) for a preschool program run by an eligible private provider, by a teacher's second
350     year, each teacher having at least obtained:
351          (i) the minimum standard of a child development associate certification; or
352          (ii) an associate or bachelor's degree in an early childhood education related field[.];
353     and
354          (j) a kindergarten transition plan.
355          (2) A high quality school readiness program run by a home-based educational
356     technology provider shall:
357          (a) be an evidence-based and age appropriate individualized interactive instruction
358     assessment and feedback technology program that teaches eligible students early learning skills
359     needed to be successful upon entry into kindergarten;
360          (b) require regular parental engagement with the student in the student's use of the
361     home-based educational technology program;
362          (c) be aligned with the Utah early childhood core standards;
363          (d) require the administration of a pre- and post-assessment of each student whose
364     parent or legal guardian consents to the assessment that, for a home-based technology program
365     that receives funding under this part, is designated by the board in accordance with Section
366     [53F-6-309] 35A-15-402; and

367          (e) require technology providers to ensure successful implementation and utilization of
368     the technology program.
369          Section 5. Section 35A-15-203, which is renumbered from Section 35A-3-210 is
370     renumbered and amended to read:
371          [35A-3-210].      35A-15-203. School Readiness Restricted Account --
372     Creation -- Funding -- Distribution of funds.
373          [(1) The terms defined in Section 53F-6-301 apply to this section.]
374          [(2)] (1) There is created in the General Fund a restricted account known as the
375     "School Readiness Restricted Account".
376          [(3)] (2) The School Readiness Restricted Account consists of:
377          (a) money appropriated by the Legislature;
378          (b) all income and interest derived from the deposit and investment of money in the
379     account;
380          (c) federal grants; and
381          (d) private donations.
382          [(4)] (3) Subject to legislative appropriations, money in the restricted account may be
383     used:
384          (a) to award a grant under [the High Quality School Readiness Grant Program
385     described in Section 53F-6-305] Section 35A-15-301 or 35A-15-302;
386          (b) to contract with an evaluator;
387          (c) to fund the participation of eligible students in a high quality school readiness
388     program through a results-based contract; and
389          (d) for administration costs and to monitor the programs described in [Section
390     35A-3-209 and Title 53F, Chapter 6, Part 3, School Readiness Initiative] this part.
391          Section 6. Section 35A-15-301, which is renumbered from Section 53F-6-305 is
392     renumbered and amended to read:
393     
Part 3. Grants for High Quality School Readiness Programs

394          [53F-6-305].      35A-15-301. Becoming High Quality School Readiness Grant
395     Program.
396          (1) The High Quality School Readiness Grant Program is created to provide grants to
397     the following, in order to [upgrade] assist an existing preschool or home-based educational

398     technology program [to] in becoming a high quality school readiness program:
399          (a) an eligible private provider;
400          (b) an eligible LEA; or
401          (c) an eligible home-based educational technology provider.
402          (2) The board, in cooperation with the department and the State Board of Education,
403     shall[:(a) ] solicit proposals from eligible LEAs[; and], eligible private providers, and eligible
404     home-based educational technology providers.
405          [(b) make recommendations to the board to award grants to respondents based on
406     criteria described in Subsection (5).]
407          [(3) The Department of Workforce Services shall:]
408          [(a) solicit proposals from eligible private providers and eligible home-based
409     educational technology providers; and]
410          [(b) make recommendations to the board to award grants to respondents based on
411     criteria described in Subsection (5).]
412          [(4)] (3) Subject to legislative appropriations, and the prioritization described in
413     Section [35A-3-209] 35A-15-201, the board shall award grants to respondents based on:
414          [(a) the recommendations of the State Board of Education;]
415          [(b) the recommendations of the Department of Workforce Services; and]
416          [(c) the criteria described in Subsection (5).]
417          [(5) (a) In awarding a grant under Subsection (4), the State Board of Education,
418     Department of Workforce Services, and the board shall consider:]
419          [(i)] (a) a respondent's capacity to effectively implement the components described in
420     Section [53F-6-304] 35A-15-202;
421          [(ii)] (b) the percentage of a respondent's students who are eligible students; and
422          [(iii)] (c) the level of administrative support and leadership at a respondent's program
423     to effectively implement, monitor, and evaluate the program.
424          [(b) The board may not award a grant to an LEA without obtaining approval from the
425     State Board of Education to award the grant to the LEA.]
426          [(6)] (4) To receive a grant under this section, a respondent [that is an eligible LEA]
427     shall submit a proposal to the [State Board of Education] board detailing:
428          (a) the respondent's strategy to implement the high quality components described in

429     Section [53F-6-304] 35A-15-202;
430          (b) the number of students the respondent plans to serve, categorized by age and
431     whether the students are eligible students;
432          (c) for an eligible LEA or eligible private provider, the number of high quality school
433     readiness program classrooms the respondent plans to operate; and
434          (d) the estimated cost per student.
435          [(7) To receive a grant under this section, a respondent that is an eligible private
436     provider or an eligible home-based educational technology provider shall submit a proposal to
437     the Department of Workforce Services detailing:]
438          [(a) the respondent's strategy to implement the high quality components described in
439     Section 53F-6-304;]
440          [(b) the number of students the respondent plans to serve, categorized by age and
441     whether the students are eligible students;]
442          [(c) for a respondent that is an eligible private provider, the number of high quality
443     school readiness program classrooms the respondent plans to operate; and]
444          [(d) the estimated cost per student.]
445          [(8)] (5) (a) A recipient of a grant under this section shall use the grant to move the
446     recipient's preschool program toward achieving the components described in Section
447     [53F-6-304] 35A-15-202.
448          (b) A recipient of a grant under this section may not:
449          (i) enter into a results-based contract while the recipient receives the grant[.]; or
450          (ii) receive grant funds under Section 35A-15-302.
451          [(9) (a) A grant recipient shall allow classroom or other visits by an evaluator.]
452          [(b) The evaluator shall:]
453          [(i) determine whether a grant recipient has effectively implemented the components
454     described in Section 53F-6-304; and]
455          [(ii) report the evaluator's findings to the board.]
456          [(10)] (6) A recipient of a grant under this section shall ensure that each student who is
457     enrolled in a classroom or who uses a home-based educational technology program supported
458     by the grant has a unique student identifier by:
459          (a) if the recipient is an eligible LEA, assigning a unique student identifier to each

460     student enrolled in the classroom; or
461          (b) if the recipient is an eligible private provider or eligible home-based educational
462     technology provider, working with the State Board of Education to assign a unique student
463     identifier to each student enrolled in the classroom or who uses the home-based educational
464     technology program.
465          [(11)] (7) A grant recipient that is an eligible LEA shall report annually to the board
466     and the State Board of Education the following:
467          (a) number of students served by the preschool, including the number of students who
468     are eligible students;
469          (b) attendance;
470          (c) cost per student; and
471          (d) [assessment results] assessment results, including the school readiness assessment,
472     kindergarten assessment, and other assessments as determined by the board.
473          [(12)] (8) A grant recipient that is an eligible private provider or an eligible
474     home-based educational technology provider shall report annually to the board and the
475     [Department of Workforce Services] department the following:
476          (a) number of students served by the preschool or program, including the number of
477     students who are eligible students;
478          (b) attendance;
479          (c) cost per student; and
480          (d) [assessment results] assessment results, including the school readiness assessment
481     and other assessments as determined by the board.
482          [(13)] (9) The [State Board of Education and the Department of Workforce Services]
483     board shall make rules to effectively administer and monitor the grant program described in
484     this section, including:
485          (a) requiring grant recipients to use [the pre- and post-assessment selected by the board
486     in accordance with Section 53F-6-309] assessments, including the school readiness assessment,
487     as determined by the board; and
488          (b) establishing reporting requirements for grant recipients.
489          [(14) At the request of the board, the State Board of Education and the Department of
490     Workforce Services shall annually share the information received from grant recipients

491     described in Subsections (11) and (12) with the board.]
492          Section 7. Section 35A-15-302, which is renumbered from Section 53F-5-303 is
493     renumbered and amended to read:
494          [53F-5-303].      35A-15-302. Expanded Student Access to High Quality
495     School Readiness Programs Grant Program -- Determination of high quality school
496     readiness program-- Reporting requirement.
497          (1) There is created the Student Access to High Quality School Readiness Programs
498     Grant Program to expand access to high quality school readiness programs for eligible students
499     through[:] grants administered by the board for eligible LEAs and eligible private providers.
500          [(a) grants for LEAs administered by the board; and]
501          [(b) grants for eligible private providers administered by the department.]
502          [(2) The board, in coordination with the department, shall develop a tool to determine
503     whether a school readiness program is a high quality school readiness program.]
504          [(3) (a)] (2) The board, in cooperation with the department and the State Board of
505     Education, shall solicit proposals from eligible LEAs and eligible private providers to fund
506     increases in the number of eligible students high quality school readiness programs can serve.
507          [(b) The department shall solicit proposals from eligible private providers to fund
508     increases in the number of eligible students high quality school readiness programs can serve.]
509          [(4)] (3) (a) Except as provided in Subsection [(4)] (3)(c), a respondent shall submit a
510     proposal that includes the information described in Subsection [(4)] (3)(b)[:(i) ] to the board[,
511     for a respondent that is an LEA; or].
512          [(ii) to the department, for a respondent that is an eligible private provider.]
513          (b) A respondent's proposal for the grant solicitation described in Subsection [(3)] (2)
514     shall include:
515          (i) the respondent's existing and proposed school readiness program, including:
516          (A) the number of students served by the respondent's school readiness program;
517          (B) the respondent's policies and procedures for admitting students into the school
518     readiness program;
519          (C) the estimated cost per student; and
520          (D) any fees the respondent charges to a parent or legal guardian for the school
521     readiness program;

522          (ii) the respondent's plan to use funding sources, in addition to a grant described in this
523     section, including:
524          (A) federal funding; or
525          (B) private grants or donations;
526          (iii) existing or planned partnerships between the respondent and an LEA, eligible
527     private provider, or eligible home-based technology provider to increase access to high quality
528     school readiness programs for eligible students;
529          (iv) how the respondent would use a grant to:
530          (A) expand the number of eligible students served by the respondent's school readiness
531     program; and
532          (B) target the funding toward the highest risk students[, including addressing the
533     particular needs of children at risk of experiencing intergenerational poverty];
534          [(v) how the respondent's school readiness program is a high quality school readiness
535     program; and]
536          [(vi)] (v) the results of any evaluations of the respondent's school readiness program[.];
537     and
538          (vi) a demonstration that the respondent's existing school readiness program meets
539     performance outcome measures.
540          (c) In addition to the requirements described in Subsection [(4)] (3)(b), a respondent
541     that is an eligible LEA shall describe in the respondent's proposal the percentage of the
542     respondent's kindergarten through grade 12 students who are economically disadvantaged
543     [children].
544          [(5) (a)] (4) For each [LEA] proposal received in response to the solicitation described
545     in Subsection [(3)(a)] (2), the board shall determine if the [LEA] respondent school readiness
546     program is a high quality school readiness program by:
547          [(i)] (a) applying the tool [described in Subsection (2)]; and
548          [(ii) conducting at least one site visit to the program.]
549          (b) reviewing performance outcome measures.
550          (5) (a) Subject to legislative appropriations and Subsection (9), the board shall award a
551     grant to a respondent.
552          [(b) For each eligible private provider proposal received in response to the solicitation

553     described in Subsection (3)(b), the department shall determine if the school readiness program
554     is a high quality school readiness program by:]
555          [(i) applying the tool described in Subsection (2); and]
556          [(ii) conducting at least one site visit to the program.]
557          [(6) (a) Subject to legislative appropriations and Subsection (6)(b), the board shall
558     award grants, on a competitive basis, to respondents that are LEAs.]
559          (b) The board may only award a grant to [an LEA] a respondent if:
560          (i) the [LEA] respondent submits a proposal that includes the information required
561     under Subsection [(4)] (3); and
562          (ii) the board determines that the [LEA's] respondent's program is a high quality school
563     readiness program [as described in Subsection (5); and] in accordance with Subsection (4).
564          [(iii) the LEA agrees to the evaluation requirements described in Section 53F-5-307.]
565          [(7) (a) Subject to legislative appropriations and Subsection (7)(b), the department
566     shall award grants, on a competitive basis, to respondents that are eligible private providers.]
567          [(b) The department may only award a grant to a respondent if:]
568          [(i) the respondent submits a proposal that includes the information required under
569     Subsection (4);]
570          [(ii) the department determines that the respondent's school readiness program is a high
571     quality school readiness program as described in Subsection (5); and]
572          [(iii) the respondent agrees to the evaluation requirements described in Section
573     53F-5-307.]
574          (c) (i) A recipient of a grant may use funds received under this section to supplement
575     an existing program but not supplant other funding.
576          (ii) An eligible LEA or an eligible private provider may not receive funding under this
577     section if the eligible LEA or eligible private provider receives funding under Section
578     35A-15-301 or 35A-15-401.
579          [(8)] (6) In evaluating a proposal received in response to the solicitation described in
580     Subsection [(3)] (2), the board [and the department] shall consider:
581          (a) the number and percent of students in the respondent's high quality school readiness
582     program that are eligible students at the highest risk;
583          (b) geographic diversity, including whether the respondent is urban or rural;

584          (c) the extent to which the respondent intends to participate in a partnership with an
585     LEA, eligible private provider, or eligible home-based technology provider; and
586          (d) the respondent's level of administrative support and leadership to effectively
587     implement, monitor, and evaluate the program.
588          [(9) (a) The board shall ensure that an LEA that receives a grant under this section
589     funded by TANF funds uses the grant to provide a high quality school readiness program for
590     eligible students who are eligible to receive assistance through TANF.]
591          [(b) The department shall ensure that a private provider that receives a grant under this
592     section funded by TANF funds uses the grant to provide a high quality school readiness
593     program for eligible students who are eligible to receive assistance through TANF.]
594          [(10)] (7) A respondent that receives a grant under this section shall:
595          (a) use the grant to expand access for eligible students to high quality school readiness
596     programs by enrolling eligible students in a high quality school readiness program;
597          (b) report to the board annually regarding:
598          (i) how the respondent used the grant awarded under Subsection [(6) or (7)] (5);
599          (ii) participation in any partnerships between an LEA, eligible private provider, or
600     eligible home-based technology provider; and
601          (iii) the results of any evaluations;
602          (c) allow classroom or other visits [by an independent evaluator selected by the board
603     under Section 53F-5-307] for an evaluation; and
604          (d) for a respondent that is an eligible LEA, notify a parent or legal guardian who
605     expresses interest in enrolling the parent or legal guardian's child in the LEA's high quality
606     school readiness program of each state-funded high quality school readiness program operating
607     within the eligible LEA's geographic boundaries.
608          [(11) An LEA that receives a grant under this section may charge a student fee to
609     participate in an LEA's school readiness program if:]
610          [(a) the LEA's local school board or charter school governing board approves the fee;]
611          [(b) the fee for a student does not exceed the actual cost of providing the high quality
612     school readiness program to the student; and]
613          [(c) the fee structure for the program is designed on a sliding scale, based on household
614     income.]

615          [(12)] (8) (a) The board shall establish interventions for a grantee [that is an LEA] that
616     fails to comply with the requirements described in this section or meet the benchmarks
617     described in Subsection (8)(c).
618          [(b) The department shall establish interventions for a grantee that is an eligible private
619     provider that fails to comply with the requirements described in this section.]
620          [(c)] (b) An intervention under this Subsection [(12)] (8) may include discontinuing or
621     reducing funding.
622          (c) (i) The board shall adopt benchmarks for success on the performance outcome
623     measures for a grant recipient under this section.
624          (ii) If a grant recipient fails to meet the board's benchmarks for success on the
625     performance outcome measures, the grant recipient may not receive additional funding under
626     this section.
627          [(13)] (9) Subject to legislative appropriations, the board [and the department] shall
628     give first priority in awarding grants to a respondent that has previously received a grant under
629     this section if the respondent:
630          (a) makes the annual report described in Subsection [(9)] (7)(b);
631          (b) participates in the [annual] evaluation [described in Section 53F-5-307]; and
632          (c) continues to offer a high quality school readiness program as determined during an
633     annual site visit by:
634          (i) the [board] State Board of Education, for an eligible LEA; or
635          (ii) the department, for an eligible private provider.
636          [(14)] (10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
637     Act[:(a)], the board shall make rules to:
638          [(i)] (a) implement the tool [described in Subsection (2)]; and
639          [(ii)] (b) administer the grant program [for LEAs described in this section; and].
640          [(b) the department shall make rules to administer the grant program for eligible
641     private providers described in this section.]
642          Section 8. Section 35A-15-303 is enacted to read:
643          35A-15-303. Evaluation -- Tool -- Reporting.
644          (1) The State Board of Education shall, in consultation with the board, conduct the
645     ongoing review and evaluation each school year of:

646          (a) a grant recipient under Section 35A-15-301; and
647          (b) a grant recipient under Section 35A-15-302.
648          (2) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the State
649     Board of Education may enter into a contract with an evaluator to assist with the evaluation
650     process.
651          (b) An evaluation described in Subsection (1) shall include:
652          (i) outcomes of onsite observations utilizing the tool developed under Subsection (4) at
653     a frequency and number of classrooms visits established by the board;
654          (ii) performance on the performance outcome measures; and
655          (iii) whether any of the programs improved kindergarten readiness through funding
656     provided under Section 35A-15-301 or 35A-15-302.
657          (3) The board shall determine whether there is a correlation between the tool and the
658     performance outcome measure.
659          (4) The board, in coordination with the department and the State Board of Education:
660          (a) shall:
661          (i) develop a tool to determine whether a school readiness program is a high quality
662     school readiness program; and
663          (ii) establish how the board will apply the tool to make a determination described in
664     Subsection (4)(a); and
665          (b) may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
666     Rulemaking Act, for purposes of this Subsection (4).
667          (5) (a) The State Board of Education shall annually submit a report to the Education
668     Interim Committee.
669          (b) The report described in Subsection (5)(a) shall include a summary of an evaluation
670     and the efficacy of:
671          (i) the grant program described in Section 35A-15-301; and
672          (ii) the grant program described in Section 35A-15-302, including whether any
673     recipients failed to meet benchmarks for success on performance outcome measures as
674     described in Subsection 35A-15-302(8)(c).
675          (6) The board shall report to the Education Interim Committee by November 30, 2020,
676     on benchmarks adopted by the board under Section 35A-15-302.

677          Section 9. Section 35A-15-401, which is renumbered from Section 53F-6-306 is
678     renumbered and amended to read:
679     
Part 4. Results-based Contract Funded Programs

680          [53F-6-306].      35A-15-401. Requirements for a school readiness program to
681     receive funding through a results-based contract.
682          (1) As used in this section:
683          (a) "Participating program operator" means an eligible LEA, an eligible private
684     provider, or an eligible home-based educational technology provider, that is a party to a
685     results-based contract.
686          (b) "Program" means a school readiness program funded through a results-based
687     contract.
688          (2) (a) Subject to the requirements of this part, an eligible LEA, an eligible private
689     provider, or an eligible home-based educational technology provider that operates a high
690     quality school readiness program may enter into and receive funding through a results-based
691     contract.
692          (b) An eligible LEA, an eligible private provider, or an eligible home-based
693     educational technology provider may not enter into a results-based contract while receiving a
694     grant under [Section 53F-6-305] Part 3, Grants for High Quality School Readiness Programs.
695          (3) A participating program operator shall ensure that each student who is enrolled in a
696     classroom, or who uses a home-based educational technology, that is part of a participating
697     program operator's program has a unique student identifier by:
698          (a) if the participating program operator is an eligible LEA, assigning a unique student
699     identifier to each student enrolled in the classroom; or
700          (b) if the participating program operator is an eligible private provider or eligible
701     home-based technology provider, working with the State Board of Education to assign a unique
702     student identifier to each student enrolled in the classroom or who uses the home-based
703     educational technology.
704          (4) A participating program operator may not use funds received through a
705     results-based contract to supplant funds for an existing high quality school readiness program,
706     but may use the funds to supplement an existing high quality school readiness program.
707          (5) (a) If not prohibited by the Elementary and Secondary Education Act of 1965, 20

708     U.S.C. Secs. 6301-6576, a participating program operator may charge a sliding scale fee, based
709     on household income, to a student enrolled in the participating program operator's program.
710          (b) A participating program operator may use grants, scholarships, or other money to
711     help fund the program.
712          [(6) A participating program operator shall:]
713          [(a) select an evaluator to annually evaluate:]
714          [(i) the results of the pre- and post-assessment described in Section 53F-6-309 for each
715     eligible student funded through a results-based contract;]
716          [(ii) performance on the performance outcome measure as described in Section
717     53F-6-309; and]
718          [(iii) for a participating program operator that is a home-based educational technology
719     provider, whether the home-based educational technology is being used with fidelity; and]
720          [(b) allow classroom visits to ensure the program meets the requirements described in
721     this part by:]
722          [(i) the evaluator;]
723          [(ii) the program intermediary;]
724          [(iii) the investor, if applicable;]
725          [(iv) the State Board of Education; and]
726          [(v) the Department of Workforce Services.]
727          [(7)] (6) (a) A participating program operator that is an eligible LEA may contract with
728     an eligible private provider to provide a high quality school readiness program to a portion of
729     the eligible LEA's eligible students if:
730          (i) the results-based contract specifies the number of students to be served by the
731     eligible private provider; and
732          (ii) the eligible private provider meets the requirements described in this section for a
733     participating program operator[;].
734          [(iii) the eligible private provider reports the information described in Section
735     53F-6-310 to the board and the contracting eligible LEA; and]
736          [(iv) the contractual partnership is consistent with Utah Constitution, Article X,
737     Section 1.]
738          (b) An eligible LEA that contracts with an eligible private provider shall provide

739     supportive services to the eligible private provider, which may include:
740          (i) professional development;
741          (ii) staffing or staff support;
742          (iii) materials; or
743          (iv) assessments.
744          Section 10. Section 35A-15-402, which is renumbered from Section 53F-6-309 is
745     renumbered and amended to read:
746          [53F-6-309].      35A-15-402. Results-based contracts -- Assessment.
747          (1) The board may enter into a results-based contract to fund participation of eligible
748     students in a high quality school readiness program in accordance with [Section 35A-3-209
749     and] this part.
750          (2) (a) [Except as provided in Subsection (3), the] The board shall include an investor
751     as a party to a results-based contract.
752          (b) The board may provide for a repayment to an investor to include a return of
753     investment and an additional return on investment, dependent on achievement of the
754     performance outcome measures set in the results-based contract.
755          (c) The additional return on investment described in Subsection (2)(b) may not exceed
756     5% above the current Municipal Market Data General Obligation Bond AAA scale for a 10
757     year maturity at the time of the issuance of the results-based contract.
758          (d) Funding obtained for an early education program through a results-based contract
759     that includes an investor is not a procurement item under Section 63G-6a-103.
760          (e) A results-based contract that includes an investor shall include:
761          (i) a requirement that the repayment to the investor be conditioned on achieving the
762     performance outcome measures set in the results-based contract;
763          (ii) a requirement for an independent evaluator to determine whether the performance
764     outcome measures have been achieved;
765          (iii) a provision that repayment to the investor is:
766          (A) based upon available money in the School Readiness Restricted Account described
767     in Section [35A-3-210] 35A-15-203; and
768          (B) subject to legislative appropriations; and
769          (iv) a provision that the investor is not eligible to receive or view personally

770     identifiable student data of students funded through the results-based contract.
771          (f) The board may not issue a results-based contract [that includes an investor as a
772     party to the contract] if the total outstanding obligations of results-based contracts that include
773     an investor as a party to the contract would exceed $15,000,000 at any one time.
774          [(3) (a) The board may enter into a results-based contract to directly fund a high quality
775     school readiness program that has at least four years of data for at least one cohort of students
776     showing that the high quality school readiness program has met a performance outcome
777     measure.]
778          [(b) A results-based contract described in Subsection (3)(a):]
779          [(i) does not require an investor; and]
780          [(ii) shall include a provision that:]
781          [(A) requires that in order to continue receiving funding, the high quality school
782     readiness program continue to meet a performance outcome measure; and]
783          [(B) provides an improvement time frame during which the high quality school
784     readiness program may continue to receive funding if the high quality school readiness
785     program fails to continue to meet the performance outcome measure.]
786          [(4) The board shall select a uniform assessment of age-appropriate cognitive or
787     language skills that:]
788          [(a) is nationally norm-referenced;]
789          [(b) has established reliability;]
790          [(c) has established validity with other similar measures and with later school
791     outcomes; and]
792          [(d) has strong psychometric characteristics.]
793          (3) The board shall require an independent evaluation to determine if a school
794     readiness program meets the performance outcome measures included in a results-based
795     contract.
796          [(5) (a) In] (4) If the board enters into a results-based contract, in accordance with
797     Title 63G, Chapter 6a, Utah Procurement Code, the board shall select [at least three
798     independent evaluators with experience in:] an independent evaluator with experience in
799     evaluating school readiness programs.
800          [(i) evaluating school readiness programs; and]

801          [(ii) administering the assessment selected under Subsection (4).]
802          [(b) An eligible LEA, eligible private provider, or eligible home-based educational
803     technology provider that has a results-based contract shall select one of the evaluators
804     described in Subsection (5)(a) to conduct an evaluation described in Section 53F-6-306.]
805          [(c) The board shall select one of the evaluators described in Subsection (5)(a) to
806     conduct an evaluation described in Section 53F-6-305.]
807          [(6)] (5) (a) At the end of each year of a results-based contract after a student funded
808     through a results-based contract completes kindergarten, the independent evaluator [described
809     in Subsection (5)(b)] shall determine whether the performance outcome measures set in the
810     results-based contract have been met.
811          (b) The board may not pay an investor unless the evaluation described in Subsection
812     [(6)] (5)(a) determines that the performance outcome measures in the results-based contract
813     have been met.
814          [(7)] (6) (a) The board shall ensure that a parent or guardian of an eligible student
815     participating in a program funded through a results-based contract has given permission and
816     signed an acknowledgment that the student's data may be shared [with an independent
817     evaluator] for research and evaluation purposes, subject to federal law.
818          (b) The board shall maintain documentation of parental permission required in
819     Subsection [(7)] (6)(a).
820          Section 11. Section 53E-4-308 is amended to read:
821          53E-4-308. Unique student identifier -- Coordination of higher education and
822     public education information technology systems -- Coordination of preschool and public
823     education information technology systems.
824          (1) As used in this section, "unique student identifier" means an alphanumeric code
825     assigned to each public education student for identification purposes, which:
826          (a) is not assigned to any former or current student; and
827          (b) does not incorporate personal information, including a birth date or Social Security
828     number.
829          (2) The state board, through the state superintendent of public instruction, shall assign
830     each public education student a unique student identifier, which shall be used to track
831     individual student performance on achievement tests administered under this part.

832          (3) The state board and the State Board of Regents shall coordinate public education
833     and higher education information technology systems to allow individual student academic
834     achievement to be tracked through both education systems in accordance with this section and
835     Section 53B-1-109.
836          (4) The board and the State Board of Regents shall coordinate access to the unique
837     student identifier of a public education student who later attends an institution within the state
838     system of higher education.
839          (5) (a) The state board and the Department of Workforce Services shall coordinate
840     assignment of a unique student identifier to each student enrolled in a program described in
841     Title 35A, Chapter 15, Preschool Programs.
842          (b) A unique student identifier assigned to a student under Subsection (5)(a) shall
843     remain the student's unique student identifier used by the state board when the student enrolls
844     in a public school in kindergarten or a later grade.
845          (c) The state board, the Department of Workforce Services, and a contractor as defined
846     in Section 53F-4-401, shall coordinate access to the unique student identifier of a preschool
847     student who later attends an LEA.
848          Section 12. Section 53E-4-314 is amended to read:
849          53E-4-314. School readiness assessment.
850          (1) As used in this section:
851          (a) "School readiness assessment" [means the preschool entry assessment described in
852     this section] means a preschool entry and exit profile that measures literacy, numeracy, and
853     lifelong learning practices developed in a student.
854          (b) "School readiness program" means a preschool program:
855          (i) in which a student participates in the year before the student is expected to enroll in
856     kindergarten; and
857          (ii) that receives funding under[:] Title 35A, Chapter 15, Preschool Programs.
858          [(A) Title 53F, Chapter 5, Part 3, High Quality School Readiness Program; or]
859          [(B) Title 53F, Chapter 6, Part 3, School Readiness Initiative.]
860          (2) The [State Board of Education] state board shall develop a school readiness
861     assessment that aligns with the kindergarten entry and exit assessment described in Section
862     53F-4-205.

863          (3) A school readiness program shall:
864          (a) except as provided in Subsection (4), administer to each student who participates in
865     the school readiness program[: (i) ] the school readiness assessment at the beginning and end of
866     the student's participation in the school readiness program; and
867          [(ii) the kindergarten entry assessment described in Section 53F-4-205 at the end of the
868     student's participation in the school readiness program; and]
869          (b) report the results of the assessments described in Subsection (3)(a) or (4) to[:] the
870     School Readiness Board created in Section 35A-15-201.
871          [(i) the State Board of Education; and]
872          [(ii) the Department of Workforce Services.]
873          (4) In place of the assessments described in Subsection (3)(a), a school readiness
874     program that is offered through home-based technology may administer to each student who
875     participates in the school readiness program:
876          (a) a validated computer adaptive pre-assessment at the beginning of the student's
877     participation in the school readiness program; and
878          (b) a validated computer adaptive post-assessment at the end of the student's
879     participation in the school readiness program.
880          Section 13. Section 53E-9-301 is amended to read:
881          53E-9-301. Definitions.
882          As used in this part:
883          (1) "Adult student" means a student who:
884          (a) is at least 18 years old;
885          (b) is an emancipated student; or
886          (c) qualifies under the McKinney-Vento Homeless Education Assistance
887     Improvements Act of 2001, 42 U.S.C. Sec. 11431 et seq.
888          (2) "Aggregate data" means data that:
889          (a) are totaled and reported at the group, cohort, school, school district, region, or state
890     level with at least 10 individuals in the level;
891          (b) do not reveal personally identifiable student data; and
892          (c) are collected in accordance with board rule.
893          (3) (a) "Biometric identifier" means a:

894          (i) retina or iris scan;
895          (ii) fingerprint;
896          (iii) human biological sample used for valid scientific testing or screening; or
897          (iv) scan of hand or face geometry.
898          (b) "Biometric identifier" does not include:
899          (i) a writing sample;
900          (ii) a written signature;
901          (iii) a voiceprint;
902          (iv) a photograph;
903          (v) demographic data; or
904          (vi) a physical description, such as height, weight, hair color, or eye color.
905          (4) "Biometric information" means information, regardless of how the information is
906     collected, converted, stored, or shared:
907          (a) based on an individual's biometric identifier; and
908          (b) used to identify the individual.
909          (5) "Board" means the State Board of Education.
910          (6) "Data breach" means an unauthorized release of or unauthorized access to
911     personally identifiable student data that is maintained by an education entity.
912          (7) "Data governance plan" means an education entity's comprehensive plan for
913     managing education data that:
914          (a) incorporates reasonable data industry best practices to maintain and protect student
915     data and other education-related data;
916          (b) describes the role, responsibility, and authority of an education entity data
917     governance staff member;
918          (c) provides for necessary technical assistance, training, support, and auditing;
919          (d) describes the process for sharing student data between an education entity and
920     another person;
921          (e) describes the education entity's data expungement process, including how to
922     respond to requests for expungement;
923          (f) describes the data breach response process; and
924          (g) is published annually and available on the education entity's website.

925          (8) "Education entity" means:
926          (a) the board;
927          (b) a local school board;
928          (c) a charter school governing board;
929          (d) a school district;
930          (e) a charter school; or
931          (f) the Utah Schools for the Deaf and the Blind[; or].
932          [(g) for purposes of implementing the School Readiness Initiative described in Title
933     53F, Chapter 6, Part 3, School Readiness Initiative, the School Readiness Board created in
934     Section 35A-3-209.]
935          (9) "Expunge" means to seal or permanently delete data, as described in board rule
936     made under Section 53E-9-306.
937          (10) "General audience application" means an Internet website, online service, online
938     application, mobile application, or software program that:
939          (a) is not specifically intended for use by an audience member that attends kindergarten
940     or a grade from 1 to 12, although an audience member may attend kindergarten or a grade from
941     1 to 12; and
942          (b) is not subject to a contract between an education entity and a third-party contractor.
943          (11) "Higher education outreach student data" means the following student data for a
944     student:
945          (a) name;
946          (b) parent name;
947          (c) grade;
948          (d) school and school district; and
949          (e) contact information, including:
950          (i) primary phone number;
951          (ii) email address; and
952          (iii) physical address.
953          (12) "Individualized education program" or "IEP" means a written statement:
954          (a) for a student with a disability; and
955          (b) that is developed, reviewed, and revised in accordance with the Individuals with

956     Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
957          (13) "Local education agency" or "LEA" means:
958          (a) a school district;
959          (b) a charter school; or
960          (c) the Utah Schools for the Deaf and the Blind[; or].
961          [(d) for purposes of implementing the School Readiness Initiative described in Title
962     53F, Chapter 6, Part 3, School Readiness Initiative, the School Readiness Board created in
963     Section 35A-3-209.]
964          (14) "Metadata dictionary" means a record that:
965          (a) defines and discloses all personally identifiable student data collected and shared by
966     the education entity;
967          (b) comprehensively lists all recipients with whom the education entity has shared
968     personally identifiable student data, including:
969          (i) the purpose for sharing the data with the recipient;
970          (ii) the justification for sharing the data, including whether sharing the data was
971     required by federal law, state law, or a local directive; and
972          (iii) how sharing the data is permitted under federal or state law; and
973          (c) without disclosing personally identifiable student data, is displayed on the
974     education entity's website.
975          (15) "Necessary student data" means data required by state statute or federal law to
976     conduct the regular activities of an education entity, including:
977          (a) name;
978          (b) date of birth;
979          (c) sex;
980          (d) parent contact information;
981          (e) custodial parent information;
982          (f) contact information;
983          (g) a student identification number;
984          (h) local, state, and national assessment results or an exception from taking a local,
985     state, or national assessment;
986          (i) courses taken and completed, credits earned, and other transcript information;

987          (j) course grades and grade point average;
988          (k) grade level and expected graduation date or graduation cohort;
989          (l) degree, diploma, credential attainment, and other school exit information;
990          (m) attendance and mobility;
991          (n) drop-out data;
992          (o) immunization record or an exception from an immunization record;
993          (p) race;
994          (q) ethnicity;
995          (r) tribal affiliation;
996          (s) remediation efforts;
997          (t) an exception from a vision screening required under Section 53G-9-404 or
998     information collected from a vision screening required under Section 53G-9-404;
999          (u) information related to the Utah Registry of Autism and Developmental Disabilities,
1000     described in Section 26-7-4;
1001          (v) student injury information;
1002          (w) a disciplinary record created and maintained as described in Section 53E-9-306;
1003          (x) juvenile delinquency records;
1004          (y) English language learner status; and
1005          (z) child find and special education evaluation data related to initiation of an IEP.
1006          (16) (a) "Optional student data" means student data that is not:
1007          (i) necessary student data; or
1008          (ii) student data that an education entity may not collect under Section 53E-9-305.
1009          (b) "Optional student data" includes:
1010          (i) information that is:
1011          (A) related to an IEP or needed to provide special needs services; and
1012          (B) not necessary student data;
1013          (ii) biometric information; and
1014          (iii) information that is not necessary student data and that is required for a student to
1015     participate in a federal or other program.
1016          (17) "Parent" means:
1017          (a) a student's parent;

1018          (b) a student's legal guardian; or
1019          (c) an individual who has written authorization from a student's parent or legal
1020     guardian to act as a parent or legal guardian on behalf of the student.
1021          (18) (a) "Personally identifiable student data" means student data that identifies or is
1022     used by the holder to identify a student.
1023          (b) "Personally identifiable student data" includes:
1024          (i) a student's first and last name;
1025          (ii) the first and last name of a student's family member;
1026          (iii) a student's or a student's family's home or physical address;
1027          (iv) a student's email address or other online contact information;
1028          (v) a student's telephone number;
1029          (vi) a student's social security number;
1030          (vii) a student's biometric identifier;
1031          (viii) a student's health or disability data;
1032          (ix) a student's education entity student identification number;
1033          (x) a student's social media user name and password or alias;
1034          (xi) if associated with personally identifiable student data, the student's persistent
1035     identifier, including:
1036          (A) a customer number held in a cookie; or
1037          (B) a processor serial number;
1038          (xii) a combination of a student's last name or photograph with other information that
1039     together permits a person to contact the student online;
1040          (xiii) information about a student or a student's family that a person collects online and
1041     combines with other personally identifiable student data to identify the student; and
1042          (xiv) information that, alone or in combination, is linked or linkable to a specific
1043     student that would allow a reasonable person in the school community, who does not have
1044     personal knowledge of the relevant circumstances, to identify the student with reasonable
1045     certainty.
1046          (19) "School official" means an employee or agent of an education entity, if the
1047     education entity has authorized the employee or agent to request or receive student data on
1048     behalf of the education entity.

1049          (20) (a) "Student data" means information about a student at the individual student
1050     level.
1051          (b) "Student data" does not include aggregate or de-identified data.
1052          (21) "Student data manager" means:
1053          (a) the state student data officer; or
1054          (b) an individual designated as a student data manager by an education entity under
1055     Section 53E-9-303, who fulfills the duties described in Section 53E-9-308.
1056          (22) (a) "Targeted advertising" means presenting advertisements to a student where the
1057     advertisement is selected based on information obtained or inferred over time from that
1058     student's online behavior, usage of applications, or student data.
1059          (b) "Targeted advertising" does not include advertising to a student:
1060          (i) at an online location based upon that student's current visit to that location; or
1061          (ii) in response to that student's request for information or feedback, without retention
1062     of that student's online activities or requests over time for the purpose of targeting subsequent
1063     ads.
1064          (23) "Third-party contractor" means a person who:
1065          (a) is not an education entity; and
1066          (b) pursuant to a contract with an education entity, collects or receives student data in
1067     order to provide a product or service, as described in the contract, if the product or service is
1068     not related to school photography, yearbooks, graduation announcements, or a similar product
1069     or service.
1070          (24) "Written consent" means written authorization to collect or share a student's
1071     student data, from:
1072          (a) the student's parent, if the student is not an adult student; or
1073          (b) the student, if the student is an adult student.
1074          Section 14. Section 53F-4-401 is amended to read:
1075          53F-4-401. Definitions.
1076          As used in this part:
1077          (1) "Contractor" means the educational technology provider selected by the [State
1078     Board of Education] state board under Section 53F-4-402.
1079          [(2) "Low income" means an income below 185% of the federal poverty guideline.]

1080          (2) "Intergenerational poverty" means the same as that term is defined in Section
1081     35A-9-102.
1082          (3) "Preschool [children] child" means [children who are] a child who is:
1083          (a) age four or five; and
1084          (b) [have not entered kindergarten.] not eligible for enrollment under Subsection
1085     53G-4-402(6).
1086          (4) (a) "Private preschool provider" means a child care program that:
1087          (i) (A) is licensed under Title 26, Chapter 39, Utah Child Care Licensing Act; or
1088          (B) except as provided in Subsection (4)(b)(ii), is exempt from licensure under Section
1089     26-39-403; and
1090          (ii) meets other criteria as established by the state board, consistent with Utah
1091     Constitution, Article X, Section 1.
1092          (b) "Private preschool provider" does not include:
1093          (i) a residential certificate provider described in Section 26-39-402; or
1094          (ii) a program exempt from licensure under Subsection 26-39-403(2)(c).
1095          (5) "Public preschool" means a preschool program that is provided by a school district
1096     or charter school.
1097          (6) "Qualifying participant" means a preschool child who:
1098          (a) resides within the boundaries of a qualifying school as determined under Section
1099     53G-6-302; or
1100          (b) is enrolled in a qualifying preschool.
1101          (7) "Qualifying preschool" means a public preschool or private preschool provider that:
1102          (a) serves preschool children covered by child care subsidies funded by the Child Care
1103     and Development Block Grant Program authorized under 42 U.S.C. Secs. 9857-9858r;
1104          (b) participates in a federally assisted meal program that provides funds to licensed
1105     child care centers as authorized under Section 53E-3-501; or
1106          (c) is located within the boundaries of a qualifying school.
1107          (8) "Qualifying school" means a school district elementary school that:
1108          (a) has at least 50% of students who were eligible to receive free or reduced lunch the
1109     previous school year;
1110          (b) is a school with a high percentage, as determined by the Department of Workforce

1111     Services through rule and based on the previous school year enrollments, of students
1112     experiencing intergenerational poverty; or
1113          (c) is located in one of the following school districts:
1114          (i) Beaver School District;
1115          (ii) Carbon School District;
1116          (iii) Daggett School District;
1117          (iv) Duchesne School District;
1118          (v) Emery School District;
1119          (vi) Garfield School District;
1120          (vii) Grand School District;
1121          (viii) Iron School District;
1122          (ix) Juab School District;
1123          (x) Kane School District;
1124          (xi) Millard School District;
1125          (xii) Morgan School District;
1126          (xiii) North Sanpete School District;
1127          (xiv) North Summit School District;
1128          (xv) Piute School District;
1129          (xvi) Rich School District;
1130          (xvii) San Juan School District;
1131          (xviii) Sevier School District;
1132          (xix) South Sanpete School District;
1133          (xx) South Summit School District;
1134          (xxi) Tintic School District;
1135          (xxii) Uintah School District; or
1136          (xxiii) Wayne School District.
1137          [(4)] (9) "UPSTART" means the project established by Section 53F-4-402 that uses a
1138     home-based educational technology program to develop school readiness skills of preschool
1139     children.
1140          Section 15. Section 53F-4-402 is amended to read:
1141          53F-4-402. UPSTART program to develop school readiness skills of preschool

1142     children.
1143          (1) UPSTART, a project that uses a home-based educational technology program to
1144     develop school readiness skills of preschool children, is established within the public education
1145     system.
1146          (2) UPSTART is created to:
1147          (a) evaluate the effectiveness of giving preschool children access, at home, to
1148     interactive individualized instruction delivered by computers and the Internet to prepare them
1149     academically for success in school; and
1150          (b) test the feasibility of scaling a home-based curriculum in reading, math, and science
1151     delivered by computers and the Internet to all preschool children in Utah.
1152          (3) (a) The [State Board of Education] state board shall contract with an educational
1153     technology provider, selected through a request for proposals process, for the delivery of a
1154     home-based educational technology program for preschool children that meets the
1155     requirements of Subsection (4).
1156          [(b) (i) The State Board of Education may, on or before July 1, 2019, issue a request
1157     for proposals for two-year pilot proposals from, and enter into a contract with, one or more
1158     educational technology providers that do not have an existing contract under this part with the
1159     state for the delivery of a home-based educational technology program for preschool children
1160     that meets the requirements of Subsection (4).]
1161          [(ii) If the State Board of Education enters into a contract for a two-year pilot as
1162     described in Subsection (3)(b)(i), the State Board of Education may enter into a contract with
1163     one or more educational technology providers that have participated in a Utah pilot.]
1164          [(c)] (b) Every five years [after July 1, 2021, the State Board of Education], the state
1165     board may issue a new request for proposals described in this section.
1166          (4) A home-based educational technology program for preschool children shall meet
1167     the following standards:
1168          (a) the contractor shall provide computer-assisted instruction for preschool children on
1169     a home computer connected by the Internet to a centralized file storage facility;
1170          (b) the contractor shall:
1171          (i) provide technical support to families for the installation and operation of the
1172     instructional software; and

1173          (ii) provide for the installation of computer and Internet access in homes of [low
1174     income families that cannot afford the equipment and service] qualifying participants described
1175     in Subsection 53-4-404(3)(d);
1176          (c) the contractor shall have the capability of doing the following through the Internet:
1177          (i) communicating with parents;
1178          (ii) updating the instructional software;
1179          (iii) validating user access;
1180          (iv) collecting usage data;
1181          (v) storing research data; and
1182          (vi) producing reports for parents, schools, and the Legislature;
1183          (d) the program shall include the following components:
1184          (i) computer-assisted, individualized instruction in reading, mathematics, and science;
1185          (ii) a multisensory reading tutoring program; and
1186          (iii) a validated computer adaptive reading test that does not require the presence of
1187     trained adults to administer and is an accurate indicator of reading readiness of children who
1188     cannot read;
1189          (e) the contractor shall have the capability to quickly and efficiently modify, improve,
1190     and support the product;
1191          (f) the contractor shall work in cooperation with [school district] public preschool or
1192     private preschool provider personnel who will provide administrative and technical support of
1193     the program as provided in Section 53F-4-403;
1194          (g) the contractor shall solicit families to participate in the program as provided in
1195     Section 53F-4-404; and
1196          (h) in implementing the home-based educational technology program, the contractor
1197     shall seek the [advise] advice and expertise of early childhood education professionals within
1198     the Utah System of Higher Education on issues such as:
1199          (i) soliciting families to participate in the program;
1200          (ii) providing training to families; and
1201          (iii) motivating families to regularly use the instructional software.
1202          (5) [(a)] The contract shall provide funding for a home-based educational technology
1203     program for preschool children, subject to the appropriation of money by the Legislature for

1204     UPSTART.
1205          [(b) An appropriation for a request for proposals described in Subsection (3)(b)(i) shall
1206     be separate from an appropriation described in Subsection (5)(a).]
1207          (6) The [State Board of Education] state board shall evaluate a proposal based on:
1208          (a) whether the home-based educational technology program meets the standards
1209     specified in Subsection (4);
1210          (b) the results of an independent evaluation of the home-based educational technology
1211     program;
1212          (c) the experience of the home-based educational technology program provider; and
1213          (d) the per pupil cost of the home-based educational technology program.
1214          Section 16. Section 53F-4-403 is amended to read:
1215          53F-4-403. School district participation in UPSTART.
1216          (1) A school district may participate in UPSTART if the local school board agrees, or a
1217     private preschool provider may participate in UPSTART if the private preschool provider
1218     agrees, to work in cooperation with the contractor to provide administrative and technical
1219     support for UPSTART.
1220          [(2) Family participants in UPSTART shall be solicited from school districts that
1221     participate in UPSTART.]
1222          [(3) A school district that participates in UPSTART shall:]
1223          [(a) receive funding for:]
1224          [(i) paraprofessional and technical support staff; and]
1225          [(ii) travel, materials, and meeting costs of the program;]
1226          [(b) participate in program training by the contractor; and]
1227          [(c) agree to adopt standardized policies and procedures in implementing UPSTART.]
1228          (2) A contractor may require a local school board or private preschool provider
1229     participating in UPSTART to enter into an agreement with the contractor to:
1230          (a) dictate targets for program usage and terms for failure to meet those targets;
1231          (b) determine data sharing terms; and
1232          (c) agree to other reasonable terms required for successful implementation.
1233          Section 17. Section 53F-4-404 is amended to read:
1234          53F-4-404. Family participation in UPSTART -- Priority enrollment.

1235          (1) The contractor shall:
1236          (a) solicit families to participate in UPSTART through a public information campaign
1237     and referrals from participating school districts; and
1238          (b) work with the Department of Workforce Services and the [State Board of
1239     Education] state board to solicit participation from families of [children experiencing
1240     intergenerational poverty, as defined in Section 35A-9-102,] qualifying participants to
1241     participate in UPSTART.
1242          (2) [(a)] Preschool children who participate in UPSTART shall:
1243          [(i)] (a) be from families with diverse socioeconomic and ethnic backgrounds;
1244          [(ii)] (b) reside in different regions of the state in both urban and rural areas; and
1245          [(iii)] (c) be given preference to participate if the preschool [child's family resides in a
1246     rural area with limited prekindergarten services] children are qualifying participants.
1247          [(b) (i) If the number of families who would like to participate in UPSTART exceeds
1248     the number of participants funded by the legislative appropriation, the contractor shall give
1249     priority to preschool children from low income families and preschool children who are
1250     English language learners.]
1251          [(ii) At least 30% of the preschool children who participate in UPSTART shall be from
1252     low income families.]
1253          [(3) A low income family that cannot afford a computer and Internet service to operate
1254     the instructional software]
1255          (3) (a) In a contract entered into with an educational technology provider as described
1256     in Section 53F-4-402, the state board shall require the provider to prioritize enrollment of
1257     qualified participants based on a first come, first served basis.
1258          (b) The state board shall provide a list of qualifying schools and qualifying preschools
1259     and other applicable information to the contractor for verification of qualifying participants.
1260          (c) The contractor shall annually provide participant information to the state board as
1261     part of the verification process.
1262          (d) A qualifying participant may obtain a computer and peripheral equipment on loan
1263     and receive free Internet service for the duration of the [family's] qualified participant's
1264     participation in UPSTART[.] if the qualifying participant:
1265          (i) is eligible to receive free or reduced lunch; and

1266          (ii) the qualifying participant participates in UPSTART at home.
1267          (4) (a) The contractor shall make the home-based educational technology program
1268     available to families at a cost agreed upon by the [State Board of Education] state board and the
1269     contractor if the number of families who would like to participate in UPSTART exceeds the
1270     number of participants funded by the legislative appropriation.
1271          (b) The [State Board of Education] state board and the contractor shall annually post on
1272     their websites information on purchasing a home-based educational technology program as
1273     provided in Subsection (4)(a).
1274          [(5) (a) The contractor shall:]
1275          [(i) determine if a family is a low income family for purposes of this part; and]
1276          [(ii) use the same application form as described in Section 35A-9-401 or create an
1277     application form that requires an individual to provide and certify the information necessary for
1278     the contractor to make the determination described in Subsection (5)(a)(i).]
1279          [(b) The contractor may:]
1280          [(i) require an individual to submit supporting documentation; and]
1281          [(ii) create a deadline for an individual to submit an application, if necessary.]
1282          (c) A preschool child may only participate in UPSTART through legislative funding
1283     once.
1284          Section 18. Section 53F-4-406 is amended to read:
1285          53F-4-406. Audit and evaluation.
1286          (1) The state auditor shall every three years:
1287          (a) conduct an [annual] audit of the contractor's use of funds for UPSTART; or
1288          (b) contract with an independent certified public accountant to conduct an [annual]
1289     audit.
1290          (2) The [State Board of Education] state board shall:
1291          (a) require by contract that the contractor will open its books and records relating to its
1292     expenditure of funds pursuant to the contract to the state auditor or the state auditor's designee;
1293          (b) reimburse the state auditor for the actual and necessary costs of the audit; and
1294          (c) contract with an independent, qualified evaluator, selected through a request for
1295     proposals process, to evaluate the home-based educational technology program for preschool
1296     children.

1297          (3) The evaluator described in Subsection (2)(c) shall use, among other indicators,
1298     assessment scores from an assessment described in Section 53F-4-205 to evaluate whether the
1299     contractor has effectively prepared preschool children for academic success as described in
1300     Section 53F-4-402.
1301          [(3)] (4) Of the money appropriated by the Legislature for UPSTART, excluding funds
1302     used to provide computers, peripheral equipment, and Internet service to families, no more than
1303     7.5% of the appropriation not to exceed $600,000 may be used for the evaluation and
1304     administration of the program.
1305          Section 19. Section 53F-4-407 is amended to read:
1306          53F-4-407. Annual report.
1307          (1) The [State Board of Education] state board shall make a report on UPSTART to the
1308     Education Interim Committee by November 30 each year.
1309          (2) The report shall:
1310          (a) address the extent to which UPSTART is accomplishing the purposes for which it
1311     was established as specified in Section 53F-4-402; and
1312          (b) include the following information:
1313          (i) the number of families:
1314          (A) volunteering to participate in the program;
1315          (B) selected to participate in the program;
1316          (C) requesting computers; and
1317          (D) furnished computers;
1318          (ii) the number of private preschool providers and public preschool providers
1319     participating in the program;
1320          [(ii)] (iii) the frequency of use of the instructional software;
1321          [(iii)] (iv) obstacles encountered with software usage, hardware, or providing technical
1322     assistance to families;
1323          [(iv)] (v) student performance on [pre-kindergarten and post-kindergarten] entry and
1324     exit kindergarten assessments conducted by school districts and charter schools for students
1325     who participated in the home-based educational technology program and those who did not
1326     participate in the program; and
1327          [(v)] (vi) as available, the evaluation of the program conducted pursuant to Section

1328     53F-4-406.
1329          Section 20. Section 63J-1-602.1 is amended to read:
1330          63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
1331          Appropriations made from the following accounts or funds are nonlapsing:
1332          (1) The Utah Intracurricular Student Organization Support for Agricultural Education
1333     and Leadership Restricted Account created in Section 4-42-102.
1334          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
1335          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
1336     Section 9-18-102.
1337          (4) The National Professional Men's Soccer Team Support of Building Communities
1338     Restricted Account created in Section 9-19-102.
1339          (5) Funds collected for directing and administering the C-PACE district created in
1340     Section 11-42a-302.
1341          (6) Award money under the State Asset Forfeiture Grant Program, as provided under
1342     Section 24-4-117.
1343          (7) Funds collected from the program fund for local health department expenses
1344     incurred in responding to a local health emergency under Section 26-1-38.
1345          (8) Funds collected from the emergency medical services grant program, as provided in
1346     Section 26-8a-207.
1347          (9) The Prostate Cancer Support Restricted Account created in Section 26-21a-303.
1348          (10) The Children with Cancer Support Restricted Account created in Section
1349     26-21a-304.
1350          (11) State funds for matching federal funds in the Children's Health Insurance Program
1351     as provided in Section 26-40-108.
1352          (12) The Children with Heart Disease Support Restricted Account created in Section
1353     26-58-102.
1354          (13) The Nurse Home Visiting Restricted Account created in Section 26-62-601.
1355          (14) The Technology Development Restricted Account created in Section 31A-3-104.
1356          (15) The Criminal Background Check Restricted Account created in Section
1357     31A-3-105.
1358          (16) The Captive Insurance Restricted Account created in Section 31A-3-304, except

1359     to the extent that Section 31A-3-304 makes the money received under that section free revenue.
1360          (17) The Title Licensee Enforcement Restricted Account created in Section
1361     31A-23a-415.
1362          (18) The Health Insurance Actuarial Review Restricted Account created in Section
1363     31A-30-115.
1364          (19) The Insurance Fraud Investigation Restricted Account created in Section
1365     31A-31-108.
1366          (20) The Underage Drinking Prevention Media and Education Campaign Restricted
1367     Account created in Section 32B-2-306.
1368          (21) The School Readiness Restricted Account created in Section [35A-3-210]
1369     35A-15-203.
1370          (22) The Youth Development Organization Restricted Account created in Section
1371     35A-8-1903.
1372          (23) The Youth Character Organization Restricted Account created in Section
1373     35A-8-2003.
1374          (24) Money received by the Utah State Office of Rehabilitation for the sale of certain
1375     products or services, as provided in Section 35A-13-202.
1376          (25) The Oil and Gas Conservation Account created in Section 40-6-14.5.
1377          (26) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
1378     the Motor Vehicle Division.
1379          (27) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
1380     created by Section 41-3-110 to the State Tax Commission.
1381          (28) The Utah Law Enforcement Memorial Support Restricted Account created in
1382     Section 53-1-120.
1383          (29) The State Disaster Recovery Restricted Account to the Division of Emergency
1384     Management, as provided in Section 53-2a-603.
1385          (30) The Department of Public Safety Restricted Account to the Department of Public
1386     Safety, as provided in Section 53-3-106.
1387          (31) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
1388     53-8-303.
1389          (32) The DNA Specimen Restricted Account created in Section 53-10-407.

1390          (33) The Canine Body Armor Restricted Account created in Section 53-16-201.
1391          (34) A certain portion of money collected for administrative costs under the School
1392     Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
1393          (35) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
1394     subject to Subsection 54-5-1.5(4)(d).
1395          (36) Certain fines collected by the Division of Occupational and Professional Licensing
1396     for violation of unlawful or unprofessional conduct that are used for education and enforcement
1397     purposes, as provided in Section 58-17b-505.
1398          (37) Certain fines collected by the Division of Occupational and Professional Licensing
1399     for use in education and enforcement of the Security Personnel Licensing Act, as provided in
1400     Section 58-63-103.
1401          (38) The Relative Value Study Restricted Account created in Section 59-9-105.
1402          (39) The Cigarette Tax Restricted Account created in Section 59-14-204.
1403          (40) Funds paid to the Division of Real Estate for the cost of a criminal background
1404     check for a mortgage loan license, as provided in Section 61-2c-202.
1405          (41) Funds paid to the Division of Real Estate for the cost of a criminal background
1406     check for principal broker, associate broker, and sales agent licenses, as provided in Section
1407     61-2f-204.
1408          (42) Certain funds donated to the Department of Human Services, as provided in
1409     Section 62A-1-111.
1410          (43) The National Professional Men's Basketball Team Support of Women and
1411     Children Issues Restricted Account created in Section 62A-1-202.
1412          (44) Certain funds donated to the Division of Child and Family Services, as provided
1413     in Section 62A-4a-110.
1414          (45) The Choose Life Adoption Support Restricted Account created in Section
1415     62A-4a-608.
1416          (46) Funds collected by the Office of Administrative Rules for publishing, as provided
1417     in Section 63G-3-402.
1418          (47) The Immigration Act Restricted Account created in Section 63G-12-103.
1419          (48) Money received by the military installation development authority, as provided in
1420     Section 63H-1-504.

1421          (49) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
1422          (50) The Unified Statewide 911 Emergency Service Account created in Section
1423     63H-7a-304.
1424          (51) The Utah Statewide Radio System Restricted Account created in Section
1425     63H-7a-403.
1426          (52) The Employability to Careers Program Restricted Account created in Section
1427     63J-4-703.
1428          (53) The Motion Picture Incentive Account created in Section 63N-8-103.
1429          (54) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
1430     as provided under Section 63N-10-301.
1431          (55) Funds collected by the housing of state probationary inmates or state parole
1432     inmates, as provided in Subsection 64-13e-104(2).
1433          (56) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
1434     and State Lands, as provided in Section 65A-8-103.
1435          (57) Certain funds received by the Office of the State Engineer for well drilling fines or
1436     bonds, as provided in Section 73-3-25.
1437          (58) The Water Resources Conservation and Development Fund, as provided in
1438     Section 73-23-2.
1439          (59) Funds donated or paid to a juvenile court by private sources, as provided in
1440     Subsection 78A-6-203(1)(c).
1441          (60) Fees for certificate of admission created under Section 78A-9-102.
1442          (61) Funds collected for adoption document access as provided in Sections 78B-6-141,
1443     78B-6-144, and 78B-6-144.5.
1444          (62) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
1445     Park, Jordan River State Park, and Green River State Park, as provided under Section
1446     79-4-403.
1447          (63) Certain funds received by the Division of Parks and Recreation from the sale or
1448     disposal of buffalo, as provided under Section 79-4-1001.
1449          (64) Funds collected for indigent defense as provided in Title 77, Chapter 32, Part 8,
1450     Utah Indigent Defense Commission.
1451          Section 21. Repealer.

1452          This bill repeals:
1453          Section 35A-9-401, Eligibility determination -- Awarding of scholarship.
1454          Section 53F-4-405, Purchase of equipment and service through cooperative
1455     purchasing contracts.
1456          Section 53F-5-301, Definitions.
1457          Section 53F-5-302, Administration of programs.
1458          Section 53F-5-304, Home-based technology high quality school readiness program.
1459          Section 53F-5-305, Intergenerational Poverty School Readiness Scholarship
1460     Program.
1461          Section 53F-5-306, Early childhood teacher training.
1462          Section 53F-5-307, Evaluation -- Reporting requirements.
1463          Section 53F-6-303, School Readiness Restricted Account.
1464          Section 53F-6-310, Reporting requirements for a recipient of funding through a
1465     results-based contract -- Reporting to the Legislature.
1466          Section 22. Appropriation.
1467          The following sums of money are appropriated for the fiscal year beginning July 1,
1468     2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
1469     fiscal year 2020. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
1470     Act, the Legislature appropriates the following sums of money from the funds or accounts
1471     indicated for the use and support of the government of the state of Utah.
1472     ITEM 1
1473          To Department of Workforce Services -- Operations and Policy
1474               From General Fund
$6,000,000

1475               Schedule of Programs:
1476                    Workforce Development Division          $6,000,000
1477          The Legislature intends that the School Readiness Board use the ongoing appropriation
1478     for awarding grants and payment of results-based contracts for preschool programs in Title
1479     35A, Chapter 15, Preschool Programs.
1480     ITEM 2
1481          To State Board of Education -- General System Support
1482               From Education Fund
$500,000


1483               Schedule of Programs:
1484                    Teaching and Learning               $500,000
1485          The Legislature intends that the State Board of Education use the ongoing appropriation
1486     for conducting the ongoing review and evaluation of a school readiness program in accordance
1487     with Section 35A-15-303.
1488     ITEM 3
1489          To State Board of Education -- Initiative Programs
1490               From Education Fund
$5,500,000

1491               Schedule of Programs:
1492                    UPSTART                         $5,500,000
1493          Section 23. Coordinating S.B. 166 with S.B. 14 -- Substantive language.
1494          If this S.B. 166 and S.B. 14, Education Reporting Requirements, both pass and become
1495     law, it is the intent of the Legislature that the Office of Legislative Research and General
1496     Counsel prepare the Utah Code database for publication by:
1497          (1) replacing the language in Subsection 35A-15-303(5)(a) with the following:
1498          "(5) (a) The State Board of Education shall annually prepare a report for the Education
1499     Interim Committee in accordance with Section 53E-1-201.";
1500          (2) (a) inserting the following language as a new Subsection 53E-1-201(1)(b):
1501          "(b) the report described in Section 35A-15-303 by the State Board of Education on
1502     preschool programs;"; and
1503          (b) renumbering remaining subsections accordingly;
1504          (3) (a) inserting the following language as a new Subsection 53E-1-201(2)(a):
1505          "(a) the report described in Section 35A-15-303 by the School Readiness Board by
1506     November 30, 2020, on benchmarks for certain preschool programs;"; and
1507          (b) renumbering remaining subsections accordingly;
1508          (4) (a) repealing Subsection 53E-1-201(1)(k) regarding the report by the state board
1509     and Department of Workforce Services on an independent evaluation; and
1510          (b) renumbering remaining subsections accordingly; and
1511          (5) (a) repealing Subsection 53E-1-201(2)(h) regarding the report by the School
1512     Readiness Board; and
1513          (b) renumbering remaining subsections accordingly.

1514          Section 24. Coordinating S.B. 166 with H.B. 27 -- Superseding technical and
1515     substantive amendments.
1516          If this S.B. 166 and H.B. 27, Public Education Definitions Amendments, both pass and
1517     become law, it is the intent of the Legislature when the Office of Legislative Research and
1518     General Counsel prepares the Utah Code database for publication that:
1519          (1) Section 35A-15-102 in this bill supersede Section 53F-6-301 in H.B. 27;
1520          (2) Section 35A-15-202 in this bill supersede Section 53F-6-304 in H.B. 27;
1521          (3) Section 35A-15-301 in this bill supersede Section 53F-6-305 in H.B. 27;
1522          (4) Section 35A-15-302 in this bill supersede Section 53F-5-303 in H.B. 27;
1523          (5) Section 35A-15-401 in this bill supersede Section 53F-6-306 in H.B. 27; and
1524          (6) Section 35A-15-402 in this bill supersede Section 53F-6-309 in H.B. 27.
1525          Section 25. Coordinating S.B. 166 with H.B. 249 -- Superseding technical and
1526     substantive amendments.
1527          If this S.B. 166 and H.B. 249, Revisor's Technical Corrections to Utah Code, both pass
1528     and become law, it is the intent of the Legislature when the Office of Legislative Research and
1529     General Counsel prepares the Utah Code database for publication that Section 35A-15-102 in
1530     this bill supersede Section 53F-6-301 in H.B. 249.
1531          Section 26. Coordinating S.B. 166 with H.B. 387 -- Superseding technical and
1532     substantive amendments.
1533          If this S.B. 166 and H.B. 387, Boards and Commissions Amendments, both pass and
1534     become law, it is the intent of the Legislature when the Office of Legislative Research and
1535     General Counsel prepares the Utah Code database for publication that Section 35A-15-201 in
1536     this bill supersede Section 35A-3-209 in H.B. 387.