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8 LONG TITLE
9 General Description:
10 This bill provides programs and assessments to improve early learning in literacy and
11 mathematics.
12 Highlighted Provisions:
13 This bill:
14 ▸ requires the State Board of Education (the state board) to:
15 • make rules regarding, and requires local education agencies (LEAs), to establish
16 an early learning plan that includes early literacy and early mathematics
17 components;
18 • select a mathematics benchmark assessment that LEAs administer in certain
19 grades;
20 • administer a grant for professional learning and job-embedded coaching support
21 for elementary educators; and
22 • administer a grant for license applicants taking a certain examination;
23 ▸ amends provisions regarding an examination required to obtain a license to teach;
24 ▸ allows for LEAs in certain circumstances to hire implementation support coaches or
25 otherwise obtain funding to support job-embedded coaching;
26 ▸ requires certain annual reporting; and
27 ▸ makes technical and conforming changes.
28 Money Appropriated in this Bill:
29 This bill appropriates in fiscal year 2021:
30 ▸ to the State Board of Education - Minimum School Program - Related to Basic
31 School Programs, as an ongoing appropriation:
32 • from the Education Fund, $16,480,000; and
33 ▸ to the State Board of Education - MSP Categorical Program Administration, as an
34 ongoing appropriation:
35 • from the Education Fund, $45,000.
36 Other Special Clauses:
37 This bill provides a coordination clause.
38 Utah Code Sections Affected:
39 AMENDS:
40 53E-6-301, as last amended by Laws of Utah 2019, Chapter 186
41 53F-2-503, as last amended by Laws of Utah 2019, Chapters 186 and 324
42 53G-4-410, as last amended by Laws of Utah 2019, Chapter 293
43 63I-1-253, as last amended by Laws of Utah 2019, Chapters 90, 136, 166, 173, 246,
44 325, 344 and last amended by Coordination Clause, Laws of Utah 2019, Chapter
45 246
46 ENACTS:
47 53E-3-521, Utah Code Annotated 1953
48 53E-4-307.5, Utah Code Annotated 1953
49 53F-5-214, Utah Code Annotated 1953
50 53F-5-215, Utah Code Annotated 1953
51 53G-7-218, Utah Code Annotated 1953
52 Utah Code Sections Affected by Coordination Clause:
53 53G-4-410, as last amended by Laws of Utah 2019, Chapter 293
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55 Be it enacted by the Legislature of the state of Utah:
56 Section 1. Section 53E-3-521 is enacted to read:
57 53E-3-521. Requirements for early mathematics plan.
58 The state board shall make rules to:
59 (1) define the components of the early mathematics plan that a local school board or
60 charter school governing board is required to submit under Section 53G-7-218 for mathematics
61 proficiency improvement, including the following four categories:
62 (a) conceptual understanding;
63 (b) procedural fluency;
64 (c) strategic and adaptive mathematical thinking; and
65 (d) productive disposition; and
66 (2) establish a state-wide target using data from the mathematics benchmark
67 assessment, described in Section 53E-4-307.5, for local growth goals described in Section
68 53G-7-218 regarding mathematics.
69 Section 2. Section 53E-4-307.5 is enacted to read:
70 53E-4-307.5. Mathematics benchmark assessment.
71 (1) As used in this section, "early mathematics benchmark assessment" or "benchmark
72 assessment" means a standardized assessment to measure the acquisition of mathematics skills
73 in kindergarten and grades 1 through 3 that includes predictive indicators of academic
74 achievement based on measures of early mathematics, computation, and problem solving.
75 (2) The state board shall approve a benchmark assessment for use statewide by LEAs
76 to assess the mathematics competency of students in kindergarten and grades 1 through 3.
77 (3) An LEA shall:
78 (a) administer benchmark assessments to students at the beginning, middle, and end of
79 the school year using the mathematics benchmark assessment in:
80 (i) kindergarten, as an optional assessment; and
81 (ii) grades 1 through 3, as a required assessment; and
82 (b) after administering a benchmark assessment described in Subsection (3)(a) to a
83 student, report the results to the student's parent.
84 (4) In making the approval described in Subsection (2), the state board shall:
85 (a) prioritize the assessment's reliability, validity, speed, and efficiency; and
86 (b) ensure the mathematics benchmark assessment's ability to:
87 (i) identify students who may be at risk for mathematics difficulties; and
88 (ii) measure students' progress through data.
89 Section 3. Section 53E-6-301 is amended to read:
90 53E-6-301. Qualifications of applicants for licenses -- Changes in qualifications.
91 (1) The state board shall establish by rule the scholarship, training, and experience
92 required of license applicants.
93 (2) (a) The state board shall announce any increase in the requirements when made.
94 (b) An increase in requirements shall become effective not less than one year from the
95 date of the announcement.
96 (3) (a) The state board may determine by examination or otherwise the qualifications of
97 license applicants.
98 (b) If the state board uses an examination under Subsection (3)(a):
99 (i) the state board shall make rules to allow an LEA to hire a license applicant who
100 does not successfully pass the examination for a limited duration pending successful passage;
101 and
102 (ii) the license applicant is not eligible for a professional educator license described in
103 Section 53E-6-201 until the license applicant successfully passes the examination.
104 Section 4. Section 53F-2-503 is amended to read:
105 53F-2-503. Early Literacy Program -- Literacy proficiency plan.
106 (1) As used in this section:
107 (a) "Program" means the Early Literacy Program.
108 (b) "Program money" means:
109 (i) school district revenue allocated to the program from other money available to the
110 school district, except money provided by the state, for the purpose of receiving state funds
111 under this section; and
112 (ii) money appropriated by the Legislature to the program.
113 (2) The Early Literacy Program consists of program money and is created to
114 supplement other school resources for early literacy.
115 (3) Subject to future budget constraints, the Legislature may annually appropriate
116 money to the Early Literacy Program.
117 (4) [
118 students in any of grades kindergarten through grade 3 shall submit, in accordance with Section
119 53G-7-218, a plan to the state board for literacy proficiency improvement that incorporates the
120 following components:
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131 interventionists in kindergarten through grade 3;
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135 administered pursuant to Section 53E-4-307; and
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137 the growth goal;
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139 charter school that:
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142 data; and
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145 software, including early interactive reading software described in Section 53F-4-203.
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155 (5) (a) There are created within the Early Literacy Program three funding programs:
156 (i) the Base Level Program;
157 (ii) the Guarantee Program; and
158 (iii) the Low Income Students Program.
159 (b) The state board may use up to $7,500,000 from an appropriation described in
160 Subsection (3) for computer-assisted instructional learning and assessment programs.
161 (6) Money appropriated to the state board for the Early Literacy Program and not used
162 by the state board for computer-assisted instructional learning and assessments described in
163 Subsection (5)(b) shall be allocated to the three funding programs as follows:
164 (a) 8% to the Base Level Program;
165 (b) 46% to the Guarantee Program; and
166 (c) 46% to the Low Income Students Program.
167 (7) (a) For a school district or charter school to participate in the Base Level Program,
168 the LEA governing board shall submit a plan described in Subsection (4) and shall receive
169 approval of the plan from the state board.
170 (b) (i) The local school board of a school district qualifying for Base Level Program
171 funds and the charter school governing boards of qualifying elementary charter schools
172 combined shall receive a base amount.
173 (ii) The base amount for the qualifying elementary charter schools combined shall be
174 allocated among each charter school in an amount proportionate to:
175 (A) each existing charter school's prior year fall enrollment in grades kindergarten
176 through grade 3; and
177 (B) each new charter school's estimated fall enrollment in grades kindergarten through
178 grade 3.
179 (8) (a) A local school board that applies for program money in excess of the Base Level
180 Program funds may choose to first participate in the Guarantee Program or the Low Income
181 Students Program.
182 (b) A school district shall fully participate in either the Guarantee Program or the Low
183 Income Students Program before the local school board may elect for the school district to
184 either fully or partially participate in the other program.
185 (c) For a school district to fully participate in the Guarantee Program, the local school
186 board shall allocate to the program money available to the school district, except money
187 provided by the state, equal to the amount of revenue that would be generated by a tax rate of
188 .000056.
189 (d) For a school district to fully participate in the Low Income Students Program, the
190 local school board shall allocate to the program money available to the school district, except
191 money provided by the state, equal to the amount of revenue that would be generated by a tax
192 rate of .000065.
193 (e) (i) The state board shall verify that a local school board allocates the money
194 required in accordance with Subsections (8)(c) and (d) before the state board distributes funds
195 in accordance with this section.
196 (ii) The State Tax Commission shall provide the state board the information the state
197 board needs in order to comply with Subsection (8)(e)(i).
198 (9) (a) Except as provided in Subsection (9)(c), the local school board of a school
199 district that fully participates in the Guarantee Program shall receive state funds in an amount
200 that is:
201 (i) equal to the difference between $21 multiplied by the school district's total WPUs
202 and the revenue the local school board is required to allocate under Subsection (8)(c) for the
203 school district to fully participate in the Guarantee Program; and
204 (ii) not less than $0.
205 (b) Except as provided in Subsection (9)(c), an elementary charter school shall receive
206 under the Guarantee Program an amount equal to $21 times the elementary charter school's
207 total WPUs.
208 (c) The state board may adjust the $21 guarantee amount described in Subsections
209 (9)(a) and (b) to account for actual appropriations and money used by the state board for
210 computer-assisted instructional learning and assessments.
211 (10) The state board shall distribute Low Income Students Program funds in an amount
212 proportionate to the number of students in each school district or charter school who qualify for
213 free or reduced price school lunch multiplied by two.
214 (11) A school district that partially participates in the Guarantee Program or Low
215 Income Students Program shall receive program funds based on the amount of school district
216 revenue allocated to the program as a percentage of the amount of revenue that could have been
217 allocated if the school district had fully participated in the program.
218 (12) (a) An LEA governing board shall use program money for early literacy
219 interventions and supports in kindergarten through grade 3 that have proven to significantly
220 increase the percentage of students who are proficient in literacy, including:
221 (i) evidence-based intervention curriculum;
222 (ii) literacy assessments that identify student learning needs and monitor learning
223 progress; or
224 (iii) focused literacy interventions that may include:
225 (A) the use of reading specialists or paraprofessionals;
226 (B) tutoring;
227 (C) before or after school programs;
228 (D) summer school programs; or
229 (E) the use of interactive computer software programs for literacy instruction and
230 assessments for students.
231 (b) An LEA governing board may use program money for portable technology devices
232 used to administer literacy assessments.
233 (c) Program money may not be used to supplant funds for existing programs, but may
234 be used to augment existing programs.
235 (13) (a) An LEA governing board shall annually submit a report to the state board
236 accounting for the expenditure of program money in accordance with the LEA governing
237 board's plan described in Subsection (4).
238 (b) If an LEA governing board uses program money in a manner that is inconsistent
239 with Subsection (12), the school district or charter school is liable for reimbursing the state
240 board for the amount of program money improperly used, up to the amount of program money
241 received from the state board.
242 (14) (a) The state board shall make rules to implement the program.
243 (b) (i) The rules under Subsection (14)(a) shall require each LEA governing board to
244 annually report progress in meeting goals described in Subsections [
245 and (f), including the strategies the school district or charter school uses to address the goals.
246 (ii) If a school district or charter school does not meet or exceed the school district's or
247 charter school's goals described in [
248 LEA governing board shall prepare a new plan that corrects deficiencies.
249 (iii) The new plan described in Subsection (14)(b)(ii) shall be approved by the state
250 board before the LEA governing board receives an allocation for the next year.
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261 Legislature to carry out the provisions of this section for administration of the program.
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263 53E-1-203 that:
264 (a) includes information on:
265 (i) student learning gains in early literacy for the past school year and the five-year
266 trend;
267 (ii) the percentage of grade 3 students who are proficient in English language arts in the
268 past school year and the five-year trend;
269 (iii) the progress of school districts and charter schools in meeting goals described in a
270 plan described in Subsection (4)[
271 (iv) the specific strategies or interventions used by school districts or charter schools
272 that have significantly improved early grade literacy proficiency; and
273 (b) may include recommendations on how to increase the percentage of grade 3
274 students who are proficient in English language arts, including how to use a strategy or
275 intervention described in Subsection [
276 additional students.
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278 provided through the digital reporting platform described in Subsection [
279 53G-7-218(5)(a).
280 Section 5. Section 53F-5-214 is enacted to read:
281 53F-5-214. Grant for professional learning and job-embedded coaching support.
282 (1) As used in this section:
283 (a) "Implementation support coach" means an individual who conducts job-embedded
284 coaching to support educators in professional learning related to literacy and mathematics.
285 (b) "Job-embedded coaching" means individualized coaching, feedback, and support of
286 an educator that is tailored to professional learning that the educator receives.
287 (2) Subject to legislative appropriations, the state board shall award grants to LEAs to
288 provide teachers in pre-kindergarten, kindergarten, and grades 1 through 3 with:
289 (a) professional learning opportunities in early literacy and mathematics; and
290 (b) support through job-embedded coaching.
291 (3) To qualify for a grant under this section, an LEA shall submit to the state board an
292 application, as provided by the state board, that contains:
293 (a) a description of the evidence-based, based on assessment data, professional learning
294 opportunities the LEA will provide that are:
295 (i) aligned with the professional learning standards described in Section 53G-11-303;
296 and
297 (ii) targeted to attaining the local and state early learning goals described in Section
298 53G-7-218; and
299 (b) a description of the LEA's plan for job-embedded coaching to reinforce and provide
300 feedback related to the professional learning opportunities described in Subsection (3)(a)(i).
301 (4) The state board shall make rules to describe:
302 (a) required elements of the professional learning opportunities and job-embedded
303 coaching described in Subsection (3); and
304 (b) requirements for implementation coaches, including eligibility criteria, training, and
305 responsibilities.
306 (5) The state board shall annually report to the Education Interim Committee on or
307 before the November interim committee meeting regarding the administration and outcomes of
308 the grant described in this section.
309 Section 6. Section 53F-5-215 is enacted to read:
310 53F-5-215. Elementary teacher preparation assessment grant.
311 (1) As used in this section:
312 (a) "License" means a license that:
313 (i) is described in Section 53E-6-102; and
314 (ii) qualifies an individual to teach elementary school.
315 (b) "Preparation assessment" means an examination that addresses the science of
316 reading that the state board uses to determine license qualification, as described in Section
317 53E-6-301, related to literacy instruction for an elementary teacher.
318 (2) Beginning September 1, 2021, subject to legislative appropriations, the state board
319 shall award grants to institutions of higher education for the cost of the initial attempt of the
320 preparation assessment for license applicants graduating from the institution during the year
321 relevant to the grant.
322 (3) The state board may make rules to establish the license, type of license, or license
323 concentration eligible for the grant described in this section.
324 (4) An institution of higher education may apply for a grant described in this section by
325 submitting to the state board an application, as provided by the state board, including an
326 estimate of the number and names of prospective license applicants expected to graduate in the
327 year relevant to the grant application.
328 (5) The state board shall annually report to the Education Interim Committee on or
329 before the November interim committee meeting regarding the administration and outcomes of
330 the grant described in this section.
331 Section 7. Section 53G-4-410 is amended to read:
332 53G-4-410. Regional service centers.
333 (1) [
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335 by two or more school districts as an interlocal entity, in accordance with Title 11, Chapter 13,
336 Interlocal Cooperation Act.
337 (b) "Implementation support coach" means the same as that term is defined in Section
338 53F-5-214.
339 (2) The Legislature strongly encourages school districts to collaborate and cooperate to
340 provide educational services in a manner that will best utilize resources for the overall
341 operation of the public education system.
342 (3) An eligible regional service center formed by an interlocal agreement, in
343 accordance with Title 11, Chapter 13, Interlocal Cooperation Act, may receive a distribution
344 described in Subsection [
345 service centers.
346 (4) (a) If local school boards enter into an interlocal agreement to confirm or formalize
347 a regional service center in operation before July 1, 2011, the interlocal agreement may not
348 eliminate any rights or obligations of the regional service center in effect before entering into
349 the interlocal agreement.
350 (b) An interlocal agreement entered into to confirm or formalize an existing regional
351 service center shall have the effect of confirming and ratifying in the regional service center,
352 the title to any property held in the name, or for the benefit of the regional service center as of
353 the effective date of the interlocal agreement.
354 (5) (a) A school district in a regional service center may coordinate with the regional
355 service center to hire, subject to legislative appropriation, implementation support coaches in
356 accordance with Subsection (5)(b).
357 (b) The state board shall distribute funds appropriated under this Subsection (5) to
358 regional service centers based on the number of full-time equivalent teachers in
359 pre-kindergarten, kindergarten, and grades 1 through 3 in the school districts that participate in
360 the regional service center, as of October 1 of the previous school year.
361 (c) A charter school in a regional service center may coordinate with the regional
362 service center to support job-embedded coaching.
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364 regional service centers as provided by the Legislature.
365 (b) The state board may provide funding to an eligible regional service center in
366 addition to legislative appropriations.
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368 including:
369 (a) the distribution of legislative appropriations to eligible regional service centers;
370 (b) the designation of eligible regional service centers as agents to distribute Utah
371 Education and Telehealth Network services; and
372 (c) the designation of eligible regional service centers as agents for regional
373 coordination of public education and higher education services.
374 Section 8. Section 53G-7-218 is enacted to read:
375 53G-7-218. Establishment of early learning plan -- Digital reporting platform.
376 (1) A local school board of a school district or a charter school governing board of a
377 charter school that serves students in any of kindergarten or grades 1 through 3 shall annually
378 submit to the state board an early learning plan that includes:
379 (a) the early literacy plan described in Section 53F-2-503, including:
380 (i) the growth goal described in Subsection 53F-2-503(4)(e); and
381 (ii) one goal that is specific to the school district or charter school as described in
382 Subsection 53F-2-503(4)(f);
383 (b) the early mathematics plan described in Section 53E-3-521, including:
384 (i) a growth goal for the school district or charter school that:
385 (A) is based upon student learning gains as measured by the mathematics benchmark
386 assessment described in Section 53E-4-307.5; and
387 (B) includes the target that the state board establishes under Section 53E-3-521; and
388 (ii) one goal that:
389 (A) is specific to the school district or charter school;
390 (B) is measurable;
391 (C) addresses current performance gaps in student mathematics proficiency based on
392 data; and
393 (D) includes specific strategies for improving outcomes; and
394 (c) one additional goal related to literacy or mathematics that:
395 (i) is specific to the school district or charter school;
396 (ii) is measurable;
397 (iii) addresses current performance gaps in student literacy or mathematics proficiency
398 based on data; and
399 (iv) includes specific strategies for improving outcomes.
400 (2) A local school board or charter school governing board shall approve a plan
401 described in Subsection (1) in a public meeting before submitting the plan to the state board.
402 (3) (a) The state board shall:
403 (i) provide model plans that a local school board or a charter school governing board
404 may use;
405 (ii) develop uniform standards for acceptable growth goals that a local school board or
406 a charter school governing board adopts for a school district or charter school under this
407 section; and
408 (iii) review and approve or disapprove a plan submitted under this section.
409 (b) Notwithstanding Subsection (3)(a), a local school board or a charter school
410 governing board may develop the board's own plan.
411 (4) The state board shall:
412 (a) develop strategies to provide support for a school district or charter school that fails
413 to meet:
414 (i) (A) the growth goal related to the state literacy target described in Subsection
415 (1)(a)(i); or
416 (B) the growth goal related to the state mathematics target described in Subsection
417 (1)(b)(i); and
418 (ii) one of the goals specific to the school district or charter school described in
419 Subsections (1)(a)(ii), (1)(b)(ii), or (1)(c); and
420 (b) provide increasing levels of support to a school district or charter school that fails
421 to meet the combination of goals described in Subsection (4)(a) for two consecutive years.
422 (5) (a) The state board shall use a digital reporting platform to provide information to
423 school districts and charter schools about interventions that increase proficiency in literacy and
424 mathematics.
425 (b) The digital reporting platform described in Subsection (5)(a) shall include
426 performance information for a school district or charter school on the goals described in
427 Subsection (1).
428 Section 9. Section 63I-1-253 is amended to read:
429 63I-1-253. Repeal dates, Titles 53 through 53G.
430 The following provisions are repealed on the following dates:
431 (1) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
432 repealed July 1, 2022.
433 (2) Subsection 53-13-104(6), regarding being 19 years old at certification, is repealed
434 July 1, 2022.
435 (3) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
436 (4) Section 53B-18-1501 is repealed July 1, 2021.
437 (5) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
438 (6) Section 53B-24-402, Rural residency training program, is repealed July 1, 2020.
439 (7) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of money
440 from the Land Exchange Distribution Account to the Geological Survey for test wells, other
441 hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1, 2020.
442 (8) Section 53E-3-515 is repealed January 1, 2023.
443 (9) In relation to a standards review committee, on January 1, 2023:
444 (a) in Subsection 53E-4-202(8), the language that states "by a standards review
445 committee and the recommendations of a standards review committee established under
446 Section 53E-4-203" is repealed; and
447 (b) Section 53E-4-203 is repealed.
448 (10) In relation to the SafeUT and School Safety Commission, on January 1, 2023:
449 (a) Subsection 53B-17-1201(1) is repealed;
450 (b) Section 53B-17-1203 is repealed;
451 (c) Subsection 53B-17-1204(2) is repealed;
452 (d) Subsection 53B-17-1204(4)(a), the language that states "in accordance with the
453 method described in Subsection (4)(c)" is repealed; and
454 (e) Subsection 53B-17-1204(4)(c) is repealed.
455 (11) In relation to the elementary teacher preparation grant, Section 53F-2-215 is
456 repealed July 1, 2025.
457 (12) In relation to the grant for professional learning and job-embedded coaching,
458 Section 53F-2-215 is repealed July 1, 2025.
459 [
460 [
461 [
462 [
463 [
464 Education State Plan Pilot Program, is repealed July 1, 2022.
465 [
466 [
467 [
468 Commission, are repealed January 1, 2025.
469 [
470 C misdemeanor, is repealed July 1, 2020.
471 Section 10. Appropriation.
472 The following sums of money are appropriated for the fiscal year beginning July 1,
473 2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
474 fiscal year 2021. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
475 Act, the Legislature appropriates the following sums of money from the funds or accounts
476 indicated for the use and support of the government of the state of Utah.
477 ITEM 1
478 To State Board of Education - Minimum School Program - Related to Basic School
479 Programs
480 From Education Fund
$16,480,000
481 Schedule of Programs:
482 Grants for professional learning and
483 job-embedded coaching support $16,480,000
484 The Legislature intends that the State Board of Education use funds appropriated under
485 this item to award grants:
486 (1) for implementation support coaches; and
487 (2) to provide teachers with professional learning opportunities in early literacy and
488 mathematics and support through job-embedded coaching.
489 ITEM 2
490 To State Board of Education - MSP Categorical Program Administration
491 From Education Fund
$1,075,000
492 Schedule of Programs:
493 Early Learning Training and Assessment
494 Program $1,075,000
495 The Legislature intends that the State Board of Education use funds appropriated under
496 this item for:
497 (1) an early mathematics benchmark assessment in accordance with Section
498 53E-4-307.5;
499 (2) elementary teacher preparation assessment grants in accordance with Section
500 53F-5-215;
501 (3) math performance goals in the state board's early literacy digital platform;
502 (4) a digital reporting platform in accordance with Section 53G-7-218; and
503 (5) staff to administer grants and support local early learning plans and implementation
504 coaches.
505 Section 11. Coordinating H.B. 114 with S.B. 79 -- Superseding substantive
506 amendments.
507 If this H.B. 114 and S.B. 79, Regional Education Service Agencies, both pass and
508 become law, it is the intent of the Legislature that the Office of Legislative Research and
509 General Counsel shall prepare the Utah Code database for publication by changing all
510 references in Section 53G-4-410:
511 (1) from "regional service center" to "regional education service agency"; and
512 (2) from "regional service centers" to "regional education service agencies".