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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
131
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 [
137 As used in this [
138 (1) "Board" means the School Readiness Board, created in Section [
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 [
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) [
152 39, Utah Child Care Licensing Act; or
153 [
154 Section 26-39-403[
155 [
156
157 (b) "Eligible private provider" does not include:
158 (i) residential child care, as defined in Section 26-39-102[
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 [
164 [
165 least one risk factor[
166 (ii) is an English learner.
167 (7) [
168
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 [
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 [
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 [
185 school.
186 [
187
188
189 [
190
191
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 [
196
197
198 (14) "Results-based contract" means a contract that:
199 (a) is entered into in accordance with Section [
200 (b) includes a performance outcome measure; and
201 (c) is between[
202 and an investor[
203 [
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 [
220
221
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
228 [
229 Membership -- Funding prioritization.
230 [
231 [
232
233 (a) the executive director [
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) [
238 early childhood development, [
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 [
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 [
257 (h) shall serve for a term of two years.
258 (b) If a vacancy occurs for a member described in Subsection [
259 (e), (f), (g), or (h), the [
260 to serve the remainder of the member's term.
261 [
262 service.
263 (b) A member may serve more than one term.
264 [
265 [
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 [
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281 [
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303 [
304
305 Section 4. Section 35A-15-202, which is renumbered from Section 53F-6-304 is
306 renumbered and amended to read:
307 [
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[
314 (i) intentional and differentiated instruction in whole group, small group, and
315 child-directed learning[
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 [
323 [
324 [
325 [
326 [
327 [
328 [
329 [
330 [
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) [
336
337
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; [
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 [
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 [
372 Creation -- Funding -- Distribution of funds.
373 [
374 [
375 "School Readiness Restricted Account".
376 [
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 [
383 used:
384 (a) to award a grant under [
385
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 [
390
391 Section 6. Section 35A-15-301, which is renumbered from Section 53F-6-305 is
392 renumbered and amended to read:
393
394 [
395 Program.
396 (1) The High Quality School Readiness Grant Program is created to provide grants to
397 the following, in order to [
398 technology 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[
404 home-based educational technology providers.
405 [
406
407 [
408 [
409
410 [
411
412 [
413 Section [
414 [
415 [
416 [
417 [
418
419 [
420 Section [
421 [
422 [
423 to effectively implement, monitor, and evaluate the program.
424 [
425
426 [
427 shall submit a proposal to the [
428 (a) the respondent's strategy to implement the high quality components described in
429 Section [
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 [
436
437
438 [
439
440 [
441
442 [
443
444 [
445 [
446 recipient's preschool program toward achieving the components described in Section
447 [
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[
450 (ii) receive grant funds under Section 35A-15-302.
451 [
452 [
453 [
454
455 [
456 [
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 [
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) [
472 kindergarten assessment, and other assessments as determined by the board.
473 [
474 home-based educational technology provider shall report annually to the board and the
475 [
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) [
481 and other assessments as determined by the board.
482 [
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 [
486
487 as determined by the board; and
488 (b) establishing reporting requirements for grant recipients.
489 [
490
491
492 Section 7. Section 35A-15-302, which is renumbered from Section 53F-5-303 is
493 renumbered and amended to read:
494 [
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[
500 [
501 [
502 [
503
504 [
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 [
508
509 [
510 proposal that includes the information described in Subsection [
511
512 [
513 (b) A respondent's proposal for the grant solicitation described in Subsection [
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[
533
534 [
535
536 [
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 [
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 [
544 [
545 in Subsection [
546 program is a high quality school readiness program by:
547 [
548 [
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 [
553
554
555 [
556 [
557 [
558
559 (b) The board may only award a grant to [
560 (i) the [
561 under Subsection [
562 (ii) the board determines that the [
563 readiness program [
564 [
565 [
566
567 [
568 [
569
570 [
571
572 [
573
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 [
580 Subsection [
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 [
589
590
591 [
592
593
594 [
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 [
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 [
603
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 [
609
610 [
611 [
612
613 [
614
615 [
616 fails to comply with the requirements described in this section or meet the benchmarks
617 described in Subsection (8)(c).
618 [
619
620 [
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 [
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 [
631 (b) participates in the [
632 (c) continues to offer a high quality school readiness program as determined during an
633 annual site visit by:
634 (i) the [
635 (ii) the department, for an eligible private provider.
636 [
637 Act[
638 [
639 [
640 [
641
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
680 [
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 [
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 [
713 [
714 [
715
716 [
717
718 [
719
720 [
721
722 [
723 [
724 [
725 [
726 [
727 [
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 [
735
736 [
737
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 [
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 [
749
750 (2) (a) [
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 [
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 [
772
773 an investor as a party to the contract would exceed $15,000,000 at any one time.
774 [
775
776
777
778 [
779 [
780 [
781 [
782
783 [
784
785
786 [
787
788 [
789 [
790 [
791
792 [
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 [
797 Title 63G, Chapter 6a, Utah Procurement Code, the board shall select [
798
799 evaluating school readiness programs.
800 [
801 [
802 [
803
804
805 [
806
807 [
808 through a results-based contract completes kindergarten, the independent evaluator [
809
810 results-based contract have been met.
811 (b) The board may not pay an investor unless the evaluation described in Subsection
812 [
813 have been met.
814 [
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 [
817
818 (b) The board shall maintain documentation of parental permission required in
819 Subsection [
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" [
852
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[
858 [
859 [
860 (2) The [
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[
866 the student's participation in the school readiness program; and
867 [
868
869 (b) report the results of the assessments described in Subsection (3)(a) or (4) to[
870 School Readiness Board created in Section 35A-15-201.
871 [
872 [
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[
932 [
933
934
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[
961 [
962
963
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 [
1078
1079 [
1080 (2) "Intergenerational poverty" means the same as that term is defined in Section
1081 35A-9-102.
1082 (3) "Preschool [
1083 (a) age four or five; and
1084 (b) [
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 [
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 [
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 [
1157
1158
1159
1160
1161 [
1162
1163
1164 [
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 [
1174
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 [
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 [
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) [
1203 program for preschool children, subject to the appropriation of money by the Legislature for
1204 UPSTART.
1205 [
1206
1207 (6) The [
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 [
1221
1222 [
1223 [
1224 [
1225 [
1226 [
1227 [
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 [
1239
1240
1241 participate in UPSTART.
1242 (2) [
1243 [
1244 [
1245 [
1246
1247 [
1248
1249
1250
1251 [
1252
1253 [
1254
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 [
1264 participation in UPSTART[
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 [
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 [
1272 their websites information on purchasing a home-based educational technology program as
1273 provided in Subsection (4)(a).
1274 [
1275 [
1276 [
1277
1278
1279 [
1280 [
1281 [
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 [
1288 (b) contract with an independent certified public accountant to conduct an [
1289 audit.
1290 (2) The [
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 [
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 [
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 [
1321 [
1322 assistance to families;
1323 [
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 [
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 [
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.