This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Mar 10, 2020 at 10:53 AM by lpoole.
Representative V. Lowry Snow proposes the following substitute bill:




Chief Sponsor: V. Lowry Snow

Senate Sponsor: Lyle W. Hillyard


8     General Description:
9          This bill addresses requirements and funding for optional enhanced kindergarten.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions regarding funding for enhanced kindergarten early intervention
13     programs to require assessment outcomes for an LEA to receive continued funding
14     distributions;
15          ▸     provides for the reporting of school readiness assessment data in circumstances
16     outside the High Quality School Readiness Grant Program;
17          ▸     moves a requirement for kindergarten entry and exit assessments between programs;
18          ▸     repeals an expiring kindergarten program; and
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          This bill appropriates in fiscal year 2021:
22          ▸     to the State Board of Education - Minimum School Program - Related to Basic
23     School Programs, as an ongoing appropriation:
24               •     from the Education Fund, Ŝ→ [
$18,647,200] $9,955,000 ←Ŝ ; and
25          ▸     to the State Board of Education - MSP Categorical Program Administration, as an

26     ongoing appropriation:
27               •     from the Education Fund, $45,000.
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          35A-15-102, as last amended by Laws of Utah 2019, Chapters 136, 186 and
33     renumbered and amended by Laws of Utah 2019, Chapter 342 and last amended by
34     Coordination Clause, Laws of Utah 2019, Chapter 342
35          53E-4-314, as last amended by Laws of Utah 2019, Chapters 186 and 342
36          53F-2-507, as last amended by Laws of Utah 2019, Chapter 186
37          53F-4-406, as last amended by Laws of Utah 2019, Chapters 186 and 342
38     REPEALS:
39          53F-4-205, as last amended by Laws of Utah 2019, Chapter 186

41     Be it enacted by the Legislature of the state of Utah:
42          Section 1. Section 35A-15-102 is amended to read:
43          35A-15-102. Definitions.
44          As used in this chapter:
45          (1) "Board" means the School Readiness Board, created in Section 35A-15-201.
46          (2) "Economically disadvantaged" means to be eligible to receive free or reduced price
47     lunch.
48          (3) "Eligible home-based educational technology provider" means a provider that
49     offers a home-based educational technology program to develop the school readiness skills of
50     an eligible student.
51          (4) (a) "Eligible LEA" means an LEA that has a data system capacity to collect
52     longitudinal academic outcome data, including special education use by student, by identifying
53     each student with a statewide unique student identifier.
54          (b) "Eligible LEA" includes a program exempt from licensure under Subsection
55     26-39-403(2)(c).
56          (5) (a) "Eligible private provider" means a child care program that:

57          (i) is licensed under Title 26, Chapter 39, Utah Child Care Licensing Act; or
58          (ii) except as provided in Subsection (5)(b)(ii), is exempt from licensure under Section
59     26-39-403.
60          (b) "Eligible private provider" does not include:
61          (i) residential child care, as defined in Section 26-39-102; or
62          (ii) a program exempt from licensure under Subsection 26-39-403(2)(c).
63          (6) "Eligible student" means a student:
64          (a) (i) who is age three, four, or five; and
65          (ii) is not eligible for enrollment under Subsection 53G-4-402(6); and
66          (b) (i) (A) who is economically disadvantaged; and
67          (B) whose parent or legal guardian reports that the student has experienced at least one
68     risk factor; or
69          (ii) is an English learner.
70          (7) "Evaluation" means an evaluation conducted in accordance with Section
71     35A-15-303.
72          (8) "High quality school readiness program" means a preschool program that:
73          (a) is provided by an eligible LEA, eligible private provider, or eligible home-based
74     educational technology provider; and
75          (b) meets the elements of a high quality school readiness program described in Section
76     35A-15-202.
77          (9) "Investor" means a person that enters into a results-based contract to provide
78     funding to a high quality school readiness program on the condition that the person will receive
79     payment in accordance with Section 35A-15-402 if the high quality school readiness program
80     meets the performance outcome measures included in the results-based contract.
81          (10) "Kindergarten assessment" means the kindergarten entry assessment described in
82     Section [53F-4-205] 53F-2-507.
83          (11) "Kindergarten transition plan" means a plan that supports the smooth transition of
84     a preschool student to kindergarten and includes communication and alignment among the
85     preschool, program, parents, and K-12 personnel.
86          (12) "Local Education Agency" or "LEA" means a school district or charter school.
87          (13) "Performance outcome measure" means:

88          (a) indicators, as determined by the board, on the school readiness assessment and the
89     kindergarten assessment; or
90          (b) for a results-based contract, the indicators included in the contract.
91          (14) "Results-based contract" means a contract that:
92          (a) is entered into in accordance with Section 35A-15-402;
93          (b) includes a performance outcome measure; and
94          (c) is between the board, a provider of a high quality school readiness program, and an
95     investor.
96          (15) "Risk factor" means:
97          (a) having a mother who was 18 years old or younger when the child was born;
98          (b) a member of a child's household is incarcerated;
99          (c) living in a neighborhood with high violence or crime;
100          (d) having one or both parents with a low reading ability;
101          (e) moving at least once in the past year;
102          (f) having ever been in foster care;
103          (g) living with multiple families in the same household;
104          (h) having exposure in a child's home to:
105          (i) physical abuse or domestic violence;
106          (ii) substance abuse;
107          (iii) the death or chronic illness of a parent or sibling; or
108          (iv) mental illness;
109          (i) the primary language spoken in a child's home is a language other than English; or
110          (j) having at least one parent who has not completed high school.
111          (16) "School readiness assessment" means the same as that term is defined in Section
112     53E-4-314.
113          (17) "Tool" means the tool developed in accordance with Section 35A-15-303.
114          Section 2. Section 53E-4-314 is amended to read:
115          53E-4-314. School readiness assessment.
116          (1) As used in this section:
117          (a) "School readiness assessment" means a preschool entry and exit profile that
118     measures literacy, numeracy, and lifelong learning practices developed in a student.

119          (b) "School readiness program" means a preschool program:
120          (i) in which a student participates in the year before the student is expected to enroll in
121     kindergarten; and
122          (ii) that receives funding under Title 35A, Chapter 15, Preschool Programs.
123          (2) The state board shall develop a school readiness assessment that aligns with the
124     kindergarten entry and exit assessment described in Section [53F-4-205] 53F-2-507.
125          (3) A school readiness program shall:
126          (a) except as provided in Subsection (4), administer to each student who participates in
127     the school readiness program the school readiness assessment at the beginning and end of the
128     student's participation in the school readiness program; and
129          (b) report the results of the assessments described in Subsection (3)(a) or (4) to the
130     School Readiness Board created in Section 35A-15-201.
131          (4) In place of the assessments described in Subsection (3)(a), a school readiness
132     program that is offered through home-based technology may administer to each student who
133     participates in the school readiness program:
134          (a) a validated computer adaptive pre-assessment at the beginning of the student's
135     participation in the school readiness program; and
136          (b) a validated computer adaptive post-assessment at the end of the student's
137     participation in the school readiness program.
138          (5) (a) The following may submit school readiness assessment data to the School
139     Readiness Board created in Section 35A-15-201:
140          (i) a private child care provider; or
141          (ii) an LEA on behalf of a school that is not participating in the High Quality School
142     Readiness Grant Program described in Section 35A-15-301.
143          (b) If a private child care provider or LEA submits school readiness assessment; Line
144     138 data to the School Readiness Board under Subsection (5)(a), the state board shall include
145     the school readiness assessment data in the report described in Subsection 35A-15-303(5).
146          Section 3. Section 53F-2-507 is amended to read:
147          53F-2-507. Enhanced kindergarten early intervention program.
148          (1) The state board shall, as described in Subsection (4), distribute funds appropriated
149     under this section for an enhanced kindergarten program described in Subsection (2), to school

150     districts and charter schools that apply for the funds.
151          (2) An LEA governing board shall use funds appropriated in this section for a school
152     district or charter school to offer an early intervention program, delivered through an enhanced
153     kindergarten program that:
154          (a) is an academic program focused on building age-appropriate literacy and numeracy
155     skills;
156          (b) uses an evidence-based early intervention model;
157          (c) is targeted to at-risk students; and
158          (d) is delivered through additional hours or other means.
159          (3) An LEA governing board may not require a student to participate in an enhanced
160     kindergarten program described in Subsection (2).
161          (4) [The] Subject to Subsection (6), the state board shall distribute funds appropriated
162     under this section for an enhanced kindergarten program described in Subsection (2) as
163     follows:
164          (a) (i) the total allocation for charter schools shall be calculated by:
165          (A) dividing the number of charter school students by the total number of students in
166     the public education system in the prior school year; and
167          (B) multiplying the resulting percentage by the total amount of available funds; and
168          (ii) the amount calculated under Subsection (4)(a) shall be distributed to charter
169     schools with the greatest need for an enhanced kindergarten program, as determined by the
170     state board in consultation with the State Charter School Board;
171          (b) each school district shall receive the amount calculated by:
172          (i) multiplying the value of the weighted pupil unit by 0.45; and
173          (ii) multiplying the result by 20; and
174          (c) the remaining funds, after the allocations described in Subsections (4)(a) and (4)(b)
175     are made, shall be distributed to applicant school districts by:
176          (i) determining the number of students eligible to receive free lunch in the prior school
177     year for each school district; and
178          (ii) prorating the remaining funds based on the number of students eligible to receive
179     free lunch in each school district.
180          (5) (a) The state board shall:

181          (i) develop and collect data from kindergarten entry and exit assessments; and
182          (ii) make rules regarding the administration of and reporting regarding the assessments.
183          (b) An LEA shall administer the entry and exit assessments described in Subsection
184     (5)(a) to each kindergarten student.
185          (6) For an LEA that receives funds under Subsection (4):
186          (a) the LEA shall report to the state board the results of the entry and exit assessments
187     described in Subsection (5)(a) in relation to each kindergarten student in the LEA; and
188          (b) the LEA is not eligible for subsequent distributions under Subsection (4) unless the
189     results of the entry and exit assessments demonstrate successful outcomes of the LEA's
190     enhanced kindergarten program, as determined by the board.
191          Section 4. Section 53F-4-406 is amended to read:
192          53F-4-406. Audit and evaluation.
193          (1) The state auditor shall every three years:
194          (a) conduct an audit of the contractor's use of funds for UPSTART; or
195          (b) contract with an independent certified public accountant to conduct an audit.
196          (2) The state board shall:
197          (a) require by contract that the contractor will open its books and records relating to its
198     expenditure of funds pursuant to the contract to the state auditor or the state auditor's designee;
199          (b) reimburse the state auditor for the actual and necessary costs of the audit; and
200          (c) contract with an independent, qualified evaluator, selected through a request for
201     proposals process, to evaluate the home-based educational technology program for preschool
202     children.
203          (3) The evaluator described in Subsection (2)(c) shall use, among other indicators,
204     assessment scores from an assessment described in Section [53F-4-205] 53F-2-507 to evaluate
205     whether the contractor has effectively prepared preschool children for academic success as
206     described in Section 53F-4-402.
207          (4) Of the money appropriated by the Legislature for UPSTART, excluding funds used
208     to provide computers, peripheral equipment, and Internet service to families, no more than
209     7.5% of the appropriation not to exceed $600,000 may be used for the evaluation and
210     administration of the program.
211          Section 5. Repealer.

212          This bill repeals:
213          Section 53F-4-205, Kindergarten supplemental enrichment program.
214          Section 6. Appropriation.
215          The following sums of money are appropriated for the fiscal year beginning July 1,
216     2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
217     fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
218     Act, the Legislature appropriates the following sums of money from the funds or accounts
219     indicated for the use and support of the government of the state of Utah.
220     ITEM 1
221          To State Board of Education - Minimum School Program - Related to Basic School
222          Programs
223               From Education Fund Ŝ→ [
$18,647,200] $9,955,000 ←Ŝ

224               Schedule of Programs:
225                    Early Intervention                 Ŝ→ [
$18,647,200] $9,955,000 ←Ŝ
226     ITEM 2
227          To State Board of Education - MSP Categorical Program Administration
228               From Education Fund

229               Schedule of Programs:
230                    High Quality School Readiness Grant Program      $45,000