Representative Susan Pulsipher proposes the following substitute bill:


1     
EDUCATION AGENCY REPORT PROCESS AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Susan Pulsipher

5     
Senate Sponsor: Derrin R. Owens

6     Cosponsors:
7     Cheryl K. Acton
8     Carl R. Albrecht
9     Stephen G. Handy
Dan N. Johnson
Marsha Judkins
Karianne Lisonbee
Jefferson Moss
V. Lowry Snow
Christine F. Watkins
10     

11     LONG TITLE
12     General Description:
13          This bill removes certain education reporting requirements and requires the State Board
14     of Education to establish a policy or procedures to evaluate the impact a report required
15     in a proposed rule may have on reporting requirements for local education agencies.
16     Highlighted Provisions:
17          This bill:
18          ▸     requires the State Board of Education (state board) to establish a policy or
19     procedures to evaluate the impact any report required in a rule proposed by the state
20     board may have on reporting requirements for a local education agency;
21          ▸     removes education reporting requirements related to:
22               •     the program evaluation of the dual language immersion program;
23               •     a local education agency's expenditure of early literacy program money;
24               •     the digital teaching and learning program;
25               •     instruction and preparation of students to become informed and responsible

26     citizens; and
27               •     the state board's progress implementing certain employee evaluations;
28          ▸     repeals the Student Leadership Skills Development Program;
29          ▸     repeals provisions related to the appropriation for accommodation plans for students
30     with Section 504 accommodations; and
31          ▸     defines terms.
32     Money Appropriated in this Bill:
33          None
34     Other Special Clauses:
35          None
36     Utah Code Sections Affected:
37     AMENDS:
38          53E-1-201, as last amended by Laws of Utah 2020, Chapters 51, 174, 254, 274, 321,
39     354, 365 and last amended by Coordination Clause, Laws of Utah 2020, Chapters
40     254, 274, and 321
41          53E-1-202, as last amended by Laws of Utah 2020, Chapters 330 and 354
42          53E-1-203, as last amended by Laws of Utah 2020, Chapters 365 and 388
43          53F-2-502, as last amended by Laws of Utah 2020, Chapter 408
44          53F-2-503, as last amended by Laws of Utah 2020, Chapters 174 and 408
45          53F-2-510, as last amended by Laws of Utah 2020, Chapter 408
46          53G-10-204, as last amended by Laws of Utah 2020, Chapter 320
47          53G-11-505, as last amended by Laws of Utah 2019, Chapter 293
48          63I-2-253, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 13
49     ENACTS:
50          53E-1-205, Utah Code Annotated 1953
51     REPEALS:
52          53F-2-508, as last amended by Laws of Utah 2020, Chapter 408
53          53F-2-512, as last amended by Laws of Utah 2020, Chapter 408
54     

55     Be it enacted by the Legislature of the state of Utah:
56          Section 1. Section 53E-1-201 is amended to read:

57          53E-1-201. Reports to and action required of the Education Interim Committee.
58          (1) In accordance with applicable provisions and Section 68-3-14, the following
59     recurring reports are due to the Education Interim Committee:
60          (a) the report described in Section 9-22-109 by the STEM Action Center Board,
61     including the information described in Section 9-22-113 on the status of the computer science
62     initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
63          (b) the prioritized list of data research described in Section 35A-14-302 and the report
64     on research described in Section 35A-14-304 by the Utah Data Research Center;
65          (c) the report described in Section 35A-15-303 by the State Board of Education on
66     preschool programs;
67          (d) the report described in Section 53B-1-402 by the Utah Board of Higher Education on
68     career and technical education issues and addressing workforce needs;
69          (e) the annual report of the Utah Board of Higher Education described in Section
70     53B-1-402;
71          (f) the reports described in Section 53B-28-401 by the Utah Board of Higher Education
72     regarding activities related to campus safety;
73          (g) the State Superintendent's Annual Report by the state board described in Section
74     53E-1-203;
75          (h) the annual report described in Section 53E-2-202 by the state board on the strategic
76     plan to improve student outcomes;
77          (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
78     the Deaf and the Blind;
79          (j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
80     Actionable, and Dynamic Education director on research and other activities;
81          (k) the report described in Section 53F-4-203 by the state board and the independent
82     evaluator on an evaluation of early interactive reading software;
83          (l) the report described in Section 53F-4-407 by the state board on UPSTART;
84          (m) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
85     related to grants for professional learning and grants for an elementary teacher preparation
86     assessment; and
87          (n) the report described in Section 53F-5-405 by the State Board of Education regarding
88     an evaluation of a partnership that receives a grant to improve educational outcomes for students

89     who are low income.
90          (2) In accordance with applicable provisions and Section 68-3-14, the following
91     occasional reports are due to the Education Interim Committee:
92          (a) the report described in Section 35A-15-303 by the School Readiness Board by
93     November 30, 2020, on benchmarks for certain preschool programs;
94          (b) the report described in Section 53B-28-402 by the Utah Board of Higher Education
95     on or before the Education Interim Committee's November 2021 meeting;
96          (c) the report described in Section 53E-3-519 by the state board regarding counseling
97     services in schools;
98          (d) the reports described in Section 53E-3-520 by the state board regarding cost centers
99     and implementing activity based costing;
100          (e) if required, the report described in Section 53E-4-309 by the state board explaining
101     the reasons for changing the grade level specification for the administration of specific
102     assessments;
103          (f) if required, the report described in Section 53E-5-210 by the state board of an
104     adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
105          (g) in 2022 and in 2023, on or before November 30, the report described in Subsection
106     53E-10-309(7) related to the PRIME pilot program;
107          (h) the report described in Section 53E-10-702 by Utah Leading through Effective,
108     Actionable, and Dynamic Education;
109          [(i) the report described in Section 53F-2-502 by the state board on the program
110     evaluation of the dual language immersion program;]
111          [(j)] (i) if required, the report described in Section 53F-2-513 by the state board
112     evaluating the effects of salary bonuses on the recruitment and retention of effective teachers in
113     high poverty schools;
114          [(k)] (j) upon request, the report described in Section 53F-5-207 by the state board on
115     the Intergenerational Poverty Intervention Grants Program;
116          [(l)] (k) the report described in Section 53F-5-210 by the state board on the Educational
117     Improvement Opportunities Outside of the Regular School Day Grant Program;
118          [(m)] (l) the report described in Section 53G-7-503 by the state board regarding fees
119     that LEAs charge during the 2020-2021 school year;
120          [(n)] (m) the reports described in Section 53G-11-304 by the state board regarding

121     proposed rules and results related to educator exit surveys;
122          [(o) upon request, the report described in Section 53G-11-505 by the state board on
123     progress in implementing employee evaluations;]
124          [(p)] (n) the report described in Section 62A-15-117 by the Division of Substance
125     Abuse and Mental Health, the State Board of Education, and the Department of Health regarding
126     recommendations related to Medicaid reimbursement for school-based health services; and
127          [(q)] (o) the reports described in Section 63C-19-202 by the Higher Education Strategic
128     Planning Commission.
129          (3) In accordance with Section 53B-7-705, the Education Interim Committee shall
130     complete the review of the implementation of performance funding.
131          Section 2. Section 53E-1-202 is amended to read:
132          53E-1-202. Reports to and action required of the Public Education Appropriations
133     Subcommittee.
134          (1) In accordance with applicable provisions and Section 68-3-14, the following
135     recurring reports are due to the Public Education Appropriations Subcommittee:
136          (a) the State Superintendent's Annual Report by the state board described in Section
137     53E-1-203;
138          (b) the report described in Section 53E-10-703 by the Utah Leading through Effective,
139     Actionable, and Dynamic Education director on research and other activities; and
140          (c) the report by the STEM Action Center Board described in Section 9-22-109,
141     including the information described in Section 9-22-113 on the status of the computer science
142     initiative.
143          (2) [(a)] The one-time report by the state board regarding cost centers and implementing
144     activity based costing is due to the Public Education Appropriations Subcommittee in
145     accordance with Section 53E-3-520.
146          [(b) The occasional report, described in Section 53F-2-502 by the state board on the
147     program evaluation of the dual language immersion program, is due to the Public Education
148     Appropriations Subcommittee and in accordance with Section 68-3-14.]
149          (3) In accordance with applicable provisions, the Public Education Appropriations
150     Subcommittee shall complete the following:
151          (a) the evaluation described in Section 53F-2-410 of funding for at-risk students; and
152          (b) if required, the study described in Section 53F-4-304 of scholarship payments.

153          Section 3. Section 53E-1-203 is amended to read:
154          53E-1-203. State Superintendent's Annual Report.
155          (1) The state board shall prepare and submit to the governor, the Education Interim
156     Committee, and the Public Education Appropriations Subcommittee, by January 15 of each year,
157     an annual written report known as the State Superintendent's Annual Report that includes:
158          (a) the operations, activities, programs, and services of the state board;
159          (b) subject to Subsection (4)(b), all reports listed in Subsection (4)(a); and
160          (c) data on the general condition of the schools with recommendations considered
161     desirable for specific programs, including:
162          (i) a complete statement of fund balances;
163          (ii) a complete statement of revenues by fund and source;
164          (iii) a complete statement of adjusted expenditures by fund, the status of bonded
165     indebtedness, the cost of new school plants, and school levies;
166          (iv) a complete statement of state funds allocated to each school district and charter
167     school by source, including supplemental appropriations, and a complete statement of
168     expenditures by each school district and charter school, including supplemental appropriations,
169     by function and object as outlined in the United States Department of Education publication
170     "Financial Accounting for Local and State School Systems";
171          (v) a statement that includes data on:
172          (A) fall enrollments;
173          (B) average membership;
174          (C) high school graduates;
175          (D) licensed and classified employees, including data reported by school districts on
176     educator ratings described in Section 53G-11-511;
177          (E) pupil-teacher ratios;
178          (F) average class sizes;
179          (G) average salaries;
180          (H) applicable private school data; and
181          (I) data from statewide assessments described in Section 53E-4-301 for each school and
182     school district;
183          (vi) statistical information regarding incidents of delinquent activity in the schools or at
184     school-related activities; and

185          (vii) other statistical and financial information about the school system that the state
186     superintendent considers pertinent.
187          (2) (a) For the purposes of Subsection (1)(c)(v):
188          (i) the pupil-teacher ratio for a school shall be calculated by dividing the number of
189     students enrolled in a school by the number of full-time equivalent teachers assigned to the
190     school, including regular classroom teachers, school-based specialists, and special education
191     teachers;
192          (ii) the pupil-teacher ratio for a school district shall be the median pupil-teacher ratio of
193     the schools within a school district;
194          (iii) the pupil-teacher ratio for charter schools aggregated shall be the median
195     pupil-teacher ratio of charter schools in the state; and
196          (iv) the pupil-teacher ratio for the state's public schools aggregated shall be the median
197     pupil-teacher ratio of public schools in the state.
198          (b) The report shall:
199          (i) include the pupil-teacher ratio for:
200          (A) each school district;
201          (B) the charter schools aggregated; and
202          (C) the state's public schools aggregated; and
203          (ii) identify a website where pupil-teacher ratios for each school in the state may be
204     accessed.
205          (3) For each operation, activity, program, or service provided by the state board, the
206     annual report shall include:
207          (a) a description of the operation, activity, program, or service;
208          (b) data and metrics:
209          (i) selected and used by the state board to measure progress, performance, effectiveness,
210     and scope of the operation, activity, program, or service, including summary data; and
211          (ii) that are consistent and comparable for each state operation, activity, program, or
212     service;
213          (c) budget data, including the amount and source of funding, expenses, and allocation of
214     full-time employees for the operation, activity, program, or service;
215          (d) historical data from previous years for comparison with data reported under
216     Subsections (3)(b) and (c);

217          (e) goals, challenges, and achievements related to the operation, activity, program, or
218     service;
219          (f) relevant federal and state statutory references and requirements;
220          (g) contact information of officials knowledgeable and responsible for each operation,
221     activity, program, or service; and
222          (h) other information determined by the state board that:
223          (i) may be needed, useful, or of historical significance; or
224          (ii) promotes accountability and transparency for each operation, activity, program, or
225     service with the public and elected officials.
226          (4) (a) Except as provided in Subsection (4)(b), the annual report shall also include:
227          (i) the report described in Section 53E-3-507 by the state board on career and technical
228     education needs and program access;
229          (ii) through October 1, 2022, the report described in Section 53E-3-515 by the state
230     board on the Hospitality and Tourism Management Career and Technical Education Pilot
231     Program;
232          (iii) beginning on July 1, 2023, the report described in Section 53E-3-516 by the state
233     board on certain incidents that occur on school grounds;
234          (iv) the report described in Section 53E-4-202 by the state board on the development
235     and implementation of the core standards for Utah public schools;
236          (v) the report described in Section 53E-5-310 by the state board on school turnaround
237     and leadership development;
238          (vi) the report described in Section 53E-10-308 by the state board and Utah Board of
239     Higher Education on student participation in the concurrent enrollment program;
240          [(vii) the report described in Section 53F-2-503 by the state board on early literacy;]
241          [(viii)] (vii) the report described in Section 53F-5-506 by the state board on information
242     related to competency-based education; and
243          [(ix)] (viii) the report described in Section 53G-9-802 by the state board on dropout
244     prevention and recovery services[; and].
245          [(x) the report described in Section 53G-10-204 by the state board on methods used, and
246     the results being achieved, to instruct and prepare students to become informed and responsible
247     citizens.]
248          (b) The Education Interim Committee or the Public Education Appropriations

249     Subcommittee may request a report described in Subsection (4)(a) to be reported separately
250     from the State Superintendent's Annual Report.
251          (5) The annual report shall be designed to provide clear, accurate, and accessible
252     information to the public, the governor, and the Legislature.
253          (6) The state board shall:
254          (a) submit the annual report in accordance with Section 68-3-14; and
255          (b) make the annual report, and previous annual reports, accessible to the public by
256     placing a link to the reports on the state board's website.
257          (7) (a) Upon request of the Education Interim Committee or Public Education
258     Appropriations Subcommittee, the state board shall present the State Superintendent's Annual
259     Report to either committee.
260          (b) After submitting the State Superintendent's Annual Report in accordance with this
261     section, the state board may supplement the report at a later time with updated data, information,
262     or other materials as necessary or upon request by the governor, the Education Interim
263     Committee, or the Public Education Appropriations Subcommittee.
264          Section 4. Section 53E-1-205 is enacted to read:
265          53E-1-205. Reporting impact analysis.
266          (1) As used in this section, "proposed report" means a report that:
267          (a) an LEA is required to prepare or submit to the state board;
268          (b) a rule proposed by the state board requires; and
269          (c) is not required by federal law, Utah Code, or another state entity.
270          (2) The state board shall establish a policy or procedures to evaluate the impact a
271     proposed report may have on reporting requirements for an LEA.
272          (3) The impact described in Subsection (2) may include:
273          (a) the estimated cost to an LEA associated with the proposed report;
274          (b) the estimated time an LEA administrator will spend preparing the proposed report;
275     and
276          (c) any disproportionate impact the proposed report may have on an LEA because of the
277     LEA's size, location, or other factors.
278          Section 5. Section 53F-2-502 is amended to read:
279          53F-2-502. Dual language immersion.
280          (1) As used in this section:

281          (a) "Dual language immersion" means an instructional setting in which a student receives
282     a portion of instruction in English and a portion of instruction exclusively in a partner language.
283          (b) "Local education agency" or "LEA" means a school district or a charter school.
284          (c) "Participating LEA" means an LEA selected by the state board to receive a grant
285     described in this section.
286          (d) "Partner language" means a language other than English in which instruction is
287     provided in dual language immersion.
288          (2) The state board shall:
289          (a) establish a dual language immersion program;
290          (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make
291     rules that establish:
292          (i) a grant program for an LEA to receive funding for dual language immersion;
293          (ii) the required qualifications for an LEA to be a participating LEA;
294          (iii) subject to this section, requirements of a participating LEA;
295          (iv) a proficiency assessment for each partner language; and
296          (v) a progression of how a school in a participating LEA adds grade levels in which the
297     school offers dual language immersion; and
298          (c) subject to legislative appropriations:
299          (i) select participating LEAs; and
300          (ii) award to a participating LEA a grant to support dual language immersion in the
301     LEA[; and].
302          [(d) report to a legislative committee on the results of a proficiency assessment
303     described in Subsection (2)(b)(iv) upon request.]
304          (3) A participating LEA shall:
305          (a) establish in a school a full-day dual language immersion instructional model that
306     provides at least 50% of instruction exclusively in a partner language;
307          (b) in accordance with the state board rules described in Subsection (2)(b), add grades
308     in which dual language immersion is provided in a school; and
309          (c) annually administer to each student in grades 3 through 8 who participates in dual
310     language immersion an assessment described in Subsection (2)(b)(iv).
311          (4) The state board shall:
312          (a) provide support to a participating LEA, including by:

313          (i) offering professional learning for dual language immersion educators;
314          (ii) developing curriculum related to dual language immersion; or
315          (iii) providing instructional support for a partner language;
316          (b) conduct a program evaluation of the dual language immersion program established
317     under Subsection (2)(a); and
318          (c) on or before November 1, 2019, report to the Education Interim Committee and the
319     Public Education Appropriations Subcommittee on the results of the program evaluation
320     described in Subsection (4)(b).
321          (5) The state board may, in accordance with Title 63G, Chapter 6a, Utah Procurement
322     Code, contract with a third party to conduct the program evaluation described in Subsection
323     (4)(b).
324          Section 6. Section 53F-2-503 is amended to read:
325          53F-2-503. Early Literacy Program -- Literacy proficiency plan.
326          (1) As used in this section:
327          (a) "Program" means the Early Literacy Program.
328          (b) "Program money" means:
329          (i) school district revenue allocated to the program from other money available to the
330     school district, except money provided by the state, for the purpose of receiving state funds
331     under this section; and
332          (ii) money appropriated by the Legislature to the program.
333          (2) The Early Literacy Program consists of program money and is created to supplement
334     other school resources for early literacy.
335          (3) Subject to future budget constraints, the Legislature may annually appropriate money
336     to the Early Literacy Program.
337          (4) An LEA governing board of a school district or a charter school that serves students
338     in any of grades kindergarten through grade 3 shall submit, in accordance with Section
339     53G-7-218, a plan to the state board for literacy proficiency improvement that incorporates the
340     following components:
341          (a) core instruction in:
342          (i) phonological awareness;
343          (ii) phonics;
344          (iii) fluency;

345          (iv) comprehension;
346          (v) vocabulary;
347          (vi) oral language; and
348          (vii) writing;
349          (b) intervention strategies that are aligned to student needs;
350          (c) professional development for classroom teachers, literacy coaches, and
351     interventionists in kindergarten through grade 3;
352          (d) assessments that support adjustments to core and intervention instruction;
353          (e) a growth goal for the school district or charter school that:
354          (i) is based upon student learning gains as measured by benchmark assessments
355     administered pursuant to Section 53E-4-307; and
356          (ii) includes a target of at least 60% of all students in grades 1 through 3 meeting the
357     growth goal;
358          (f) at least one goal that is specific to the school district or charter school that:
359          (i) is measurable;
360          (ii) addresses current performance gaps in student literacy based on data; and
361          (iii) includes specific strategies for improving outcomes; and
362          (g) if a school uses interactive literacy software, the use of interactive literacy software,
363     including early interactive reading software described in Section 53F-4-203.
364          (5) (a) There are created within the Early Literacy Program three funding programs:
365          (i) the Base Level Program;
366          (ii) the Guarantee Program; and
367          (iii) the Low Income Students Program.
368          (b) The state board may use up to $7,500,000 from an appropriation described in
369     Subsection (3) for computer-assisted instructional learning and assessment programs.
370          (6) Money appropriated to the state board for the Early Literacy Program and not used
371     by the state board for computer-assisted instructional learning and assessments described in
372     Subsection (5)(b) shall be allocated to the three funding programs as follows:
373          (a) 8% to the Base Level Program;
374          (b) 46% to the Guarantee Program; and
375          (c) 46% to the Low Income Students Program.
376          (7) (a) For a school district or charter school to participate in the Base Level Program,

377     the LEA governing board shall submit a plan described in Subsection (4) and shall receive
378     approval of the plan from the state board.
379          (b) (i) The local school board of a school district qualifying for Base Level Program
380     funds and the charter school governing boards of qualifying elementary charter schools
381     combined shall receive a base amount.
382          (ii) The base amount for the qualifying elementary charter schools combined shall be
383     allocated among each charter school in an amount proportionate to:
384          (A) each existing charter school's prior year fall enrollment in grades kindergarten
385     through grade 3; and
386          (B) each new charter school's estimated fall enrollment in grades kindergarten through
387     grade 3.
388          (8) (a) A local school board that applies for program money in excess of the Base Level
389     Program funds may choose to first participate in the Guarantee Program or the Low Income
390     Students Program.
391          (b) A school district shall fully participate in either the Guarantee Program or the Low
392     Income Students Program before the local school board may elect for the school district to either
393     fully or partially participate in the other program.
394          (c) For a school district to fully participate in the Guarantee Program, the local school
395     board shall allocate to the program money available to the school district, except money
396     provided by the state, equal to the amount of revenue that would be generated by a tax rate of
397     .000056.
398          (d) For a school district to fully participate in the Low Income Students Program, the
399     local school board shall allocate to the program money available to the school district, except
400     money provided by the state, equal to the amount of revenue that would be generated by a tax
401     rate of .000065.
402          (e) (i) The state board shall verify that a local school board allocates the money
403     required in accordance with Subsections (8)(c) and (d) before the state board distributes funds
404     in accordance with this section.
405          (ii) The State Tax Commission shall provide the state board the information the state
406     board needs in order to comply with Subsection (8)(e)(i).
407          (9) (a) Except as provided in Subsection (9)(c), the local school board of a school
408     district that fully participates in the Guarantee Program shall receive state funds in an amount

409     that is:
410          (i) equal to the difference between $21 multiplied by the school district's total WPUs and
411     the revenue the local school board is required to allocate under Subsection (8)(c) for the school
412     district to fully participate in the Guarantee Program; and
413          (ii) not less than $0.
414          (b) Except as provided in Subsection (9)(c), an elementary charter school shall receive
415     under the Guarantee Program an amount equal to $21 times the elementary charter school's total
416     WPUs.
417          (c) The state board may adjust the $21 guarantee amount described in Subsections (9)(a)
418     and (b) to account for actual appropriations and money used by the state board for
419     computer-assisted instructional learning and assessments.
420          (10) The state board shall distribute Low Income Students Program funds in an amount
421     proportionate to the number of students in each school district or charter school who qualify for
422     free or reduced price school lunch multiplied by two.
423          (11) A school district that partially participates in the Guarantee Program or Low
424     Income Students Program shall receive program funds based on the amount of school district
425     revenue allocated to the program as a percentage of the amount of revenue that could have been
426     allocated if the school district had fully participated in the program.
427          (12) (a) An LEA governing board shall use program money for early literacy
428     interventions and supports in kindergarten through grade 3 that have proven to significantly
429     increase the percentage of students who are proficient in literacy, including:
430          (i) evidence-based intervention curriculum;
431          (ii) literacy assessments that identify student learning needs and monitor learning
432     progress; or
433          (iii) focused literacy interventions that may include:
434          (A) the use of reading specialists or paraprofessionals;
435          (B) tutoring;
436          (C) before or after school programs;
437          (D) summer school programs; or
438          (E) the use of interactive computer software programs for literacy instruction and
439     assessments for students.
440          (b) An LEA governing board may use program money for portable technology devices

441     used to administer literacy assessments.
442          (c) Program money may not be used to supplant funds for existing programs, but may be
443     used to augment existing programs.
444          [(13) (a) An LEA governing board shall annually submit a report to the state board
445     accounting for the expenditure of program money in accordance with the LEA governing board's
446     plan described in Subsection (4).]
447          [(b)] (13) If an LEA governing board uses program money in a manner that is
448     inconsistent with Subsection (12), the school district or charter school is liable for reimbursing
449     the state board for the amount of program money improperly used, up to the amount of program
450     money received from the state board.
451          (14) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
452     the state board shall make rules to implement the program.
453          (b) (i) The rules under Subsection (14)(a) shall require each LEA governing board to
454     annually report progress in meeting goals described in Subsections (4)(e) and (f), including the
455     strategies the school district or charter school uses to address the goals.
456          (ii) If a school district or charter school does not meet or exceed the school district's or
457     charter school's goals described in Subsections (4)(e) or (f), the LEA governing board shall
458     prepare a new plan that corrects deficiencies.
459          (iii) The new plan described in Subsection (14)(b)(ii) shall be approved by the state
460     board before the LEA governing board receives an allocation for the next year.
     
461          (15) The state board may use up to 3% of the funds appropriated by the Legislature to
462     carry out the provisions of this section for administration of the program.
463          (16) The state board shall make an annual report in accordance with Section 53E-1-203
464     that:
465          (a) includes information on:
466          (i) student learning gains in early literacy for the past school year and the five-year
467     trend;
468          (ii) the percentage of grade 3 students who are proficient in English language arts in the
469     past school year and the five-year trend;
470          (iii) the progress of school districts and charter schools in meeting goals described in a
471     plan described in Subsection (4); and

472          (iv) the specific strategies or interventions used by school districts or charter schools
473     that have significantly improved early grade literacy proficiency; and
474          (b) may include recommendations on how to increase the percentage of grade 3 students
475     who are proficient in English language arts, including how to use a strategy or intervention
476     described in Subsection (16)(a)(iv) to improve literacy proficiency for additional students.
477          (17) The report described in Subsection (16) shall include information provided through
478     the digital reporting platform described in Subsection 53G-7-218(5)(a).
479          Section 7. Section 53F-2-510 is amended to read:
480          53F-2-510. Digital Teaching and Learning Grant Program.
481          (1) As used in this section:
482          (a) "Advisory committee" means the committee established by the state board under
483     Subsection (7)(b).
484          (b) "Digital readiness assessment" means an assessment provided by the state board
485     that:
486          (i) is completed by an LEA analyzing an LEA's readiness to incorporate comprehensive
487     digital teaching and learning; and
488          (ii) informs the preparation of an LEA's plan for incorporating comprehensive digital
489     teaching and learning.
490          (c) "High quality professional learning" means the professional learning standards
491     described in Section 53G-11-303.
492          (d) "Implementation assessment" means an assessment that analyzes an LEA's
493     implementation of an LEA plan, including identifying areas for improvement, obstacles to
494     implementation, progress toward the achievement of stated goals, and recommendations going
495     forward.
496          (e) "LEA plan" means an LEA's plan to implement a digital teaching and learning
497     program that meets the requirements of this section and requirements set forth by the state board
498     and the advisory committee.
499          (f) "Program" means the Digital Teaching and Learning Grant Program created and
500     described in Subsections (6) through (11).
501          (g) "Utah Education and Telehealth Network" or "UETN" means the Utah Education and
502     Telehealth Network created in Section 53B-17-105.
503          (2) (a) The state board shall establish a digital teaching and learning task force to

504     develop a funding proposal to present to the Legislature for digital teaching and learning in
505     elementary and secondary schools.
506          (b) The digital teaching and learning task force shall include representatives of:
507          (i) the state board;
508          (ii) UETN;
509          (iii) LEAs; and
510          (iv) the Governor's Education Excellence Commission.
511          (3) As funding allows, the state board shall develop a master plan for a statewide digital
512     teaching and learning program, including the following:
513          (a) a statement of purpose that describes the objectives or goals the state board will
514     accomplish by implementing a digital teaching and learning program;
515          (b) a forecast for fundamental components needed to implement a digital teaching and
516     learning program, including a forecast for:
517          (i) student and teacher devices;
518          (ii) Wi-Fi and wireless compatible technology;
519          (iii) curriculum software;
520          (iv) assessment solutions;
521          (v) technical support;
522          (vi) change management of LEAs;
523          (vii) high quality professional learning;
524          (viii) Internet delivery and capacity; and
525          (ix) security and privacy of users;
526          (c) a determination of the requirements for:
527          (i) statewide technology infrastructure; and
528          (ii) local LEA technology infrastructure;
529          (d) standards for high quality professional learning related to implementing and
530     maintaining a digital teaching and learning program;
531          (e) a statewide technical support plan that will guide the implementation and
532     maintenance of a digital teaching and learning program, including standards and competency
533     requirements for technical support personnel;
534          (f) (i) a grant program for LEAs; or
535          (ii) a distribution formula to fund LEA digital teaching and learning programs;

536          (g) in consultation with UETN, an inventory of the state public education system's
537     current technology resources and other items and a plan to integrate those resources into a digital
538     teaching and learning program;
539          (h) an ongoing evaluation process that is overseen by the state board;
540          (i) proposed rules that incorporate the principles of the master plan into the state's
541     public education system as a whole; and
542          (j) a plan to ensure long-term sustainability that:
543          (i) accounts for the financial impacts of a digital teaching and learning program; and
544          (ii) facilitates the redirection of LEA savings that arise from implementing a digital
545     teaching and learning program.
546          (4) UETN shall:
547          (a) in consultation with the state board, conduct an inventory of the state public
548     education system's current technology resources and other items as determined by UETN,
549     including software;
550          (b) perform an engineering study to determine the technology infrastructure needs of the
551     public education system to implement a digital teaching and learning program, including the
552     infrastructure needed for the state board, UETN, and LEAs; and
553          (c) as funding allows, provide infrastructure and technology support for school districts
554     and charter schools.
555          (5) Beginning July 1, 2016, and ending July 1, 2021, each LEA, including each school
556     within an LEA, shall annually complete a digital readiness assessment.
557          (6) There is created the Digital Teaching and Learning Grant Program to improve
558     educational outcomes in public schools by effectively incorporating comprehensive digital
559     teaching and learning technology.
560          (7) The state board shall:
561          (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
562     adopt rules for the administration of the program, including rules requiring:
563          (i) an LEA plan to include measures to ensure that the LEA monitors and implements
564     technology with best practices, including the recommended use for effectiveness;
565          (ii) an LEA plan to include robust goals for learning outcomes and appropriate
566     measurements of goal achievement; and
567          (iii) an LEA to demonstrate that the LEA plan can be fully funded by grant funds or a

568     combination of grant and local funds[; and];
569          [(iv) an LEA to report on funds from expenses previous to the implementation of the
570     LEA plan that the LEA has redirected after implementation;]
571          (b) establish an advisory committee to make recommendations on the program and LEA
572     plan requirements and report to the state board; and
573          (c) in accordance with this section, approve LEA plans and award grants.
574          (8) (a) The state board shall, subject to legislative appropriations, award a grant to an
575     LEA:
576          (i) that submits an LEA plan that meets the requirements described in Subsection (9);
577     and
578          (ii) for which the LEA's leadership and management members have completed a digital
579     teaching and learning leadership and implementation training as provided in Subsection (8)(b).
580          (b) The state board or its designee shall provide the training described in Subsection
581     (8)(a)(ii).
582          (9) The state board shall establish requirements of an LEA plan that shall include:
583          (a) the results of the LEA's digital readiness assessment and a proposal to remedy an
584     obstacle to implementation or other issues identified in the assessment;
585          (b) a proposal to provide high quality professional learning for educators in the use of
586     digital teaching and learning technology;
587          (c) a proposal for leadership training and management restructuring, if necessary, for
588     successful implementation;
589          (d) clearly identified targets for improved student achievement, student learning, and
590     college readiness through digital teaching and learning; and
591          (e) any other requirement established by the state board in rule made in accordance with
592     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including an application process and
593     metrics to analyze the quality of a proposed LEA plan.
594          (10) The state board or the state board's designee shall establish an interactive
595     dashboard available to each LEA that is awarded a grant for the LEA to track and report the
596     LEA's long-term, intermediate, and direct outcomes in [realtime] real time and for the LEA to
597     use to create customized reports.
598          (11) (a) There is no federal funding, federal requirement, federal education agreement,
599     or national program included or related to this state adopted program.

600          (b) Any inclusion of federal funding, federal requirement, federal education agreement,
601     or national program shall require separate express approval as provided in Title 53E, Chapter 3,
602     Part 8, Implementing Federal or National Education Programs.
603          (12) [(a)] An LEA that receives a grant as part of the program shall:
604          [(i)] (a) [subject to Subsection (12)(b), complete] complete an implementation
605     assessment for each year that the LEA is expending grant money; and
606          [(ii) (A) ] (b) (i) report the findings of the implementation assessment to the state board;
607     and
608          [(B)] (ii) submit to the state board a plan to resolve issues raised in the implementation
609     assessment.
610          [(b) Each school within the LEA shall:]
611          [(i) complete an implementation assessment; and]
612          [(ii) submit a compilation report that meets the requirements described in Subsections
613     (12)(a)(ii)(A) and (B).]
614          (13) The state board or the state board's designee shall review an implementation
615     assessment and review each participating LEA's progress from the previous year, as applicable.
616          (14) The state board shall establish interventions for an LEA that does not make
617     progress on implementation of the LEA's implementation plan, including:
618          (a) nonrenewal of, or time period extensions for, the LEA's grant;
619          (b) reduction of funds; or
620          (c) other interventions to assist the LEA.
621          (15) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state board
622     shall contract with an independent evaluator to:
623          (a) annually evaluate statewide direct and intermediate outcomes beginning the first year
624     that grants are awarded, including baseline data collection for long-term outcomes;
625          (b) in the fourth year after a grant is awarded, and each year thereafter, evaluate
626     statewide long-term outcomes; and
627          (c) report on the information described in Subsections (15)(a) and (b) to the state board.
628          (16) (a) To implement an LEA plan, a contract, in accordance with Title 63G, Chapter
629     6a, Utah Procurement Code, or other agreement with one or more providers of technology
630     powered learning solutions and one or more providers of wireless networking solutions may be
631     entered into by:

632          (i) UETN, in cooperation with or on behalf of, as applicable, the state board, the state
633     board's designee, or an LEA; or
634          (ii) an LEA.
635          (b) A contract or agreement entered into under Subsection (16)(a) may be a contract or
636     agreement that:
637          (i) UETN enters into with a provider and payment for services is directly appropriated
638     by the Legislature, as funds are available, to UETN;
639          (ii) UETN enters into with a provider and pays for the provider's services and is
640     reimbursed for payments by an LEA that benefits from the services;
641          (iii) UETN negotiates the terms of on behalf of an LEA that enters into the contract or
642     agreement directly with the provider and the LEA pays directly for the provider's services; or
643          (iv) an LEA enters into directly, pays a provider, and receives preapproved
644     reimbursement from a UETN fund established for this purpose.
645          (c) If an LEA does not reimburse UETN in a reasonable time for services received
646     under a contract or agreement described in Subsection (16)(b), the state board shall pay the
647     balance due to UETN from the LEA's funds received under Title 53F, Chapter 2, State Funding
648     -- Minimum School Program.
649          (d) If UETN negotiates or enters into an agreement as described in Subsection
650     (16)(b)(ii) or (16)(b)(iii), and UETN enters into an additional agreement with an LEA that is
651     associated with the agreement described in Subsection (16)(b)(ii) or (16)(b)(iii), the associated
652     agreement may be treated by UETN and the LEA as a cooperative procurement, as that term is
653     defined in Section 63G-6a-103, regardless of whether the associated agreement satisfies the
654     requirements of Section 63G-6a-2105.
655          Section 8. Section 53G-10-204 is amended to read:
656          53G-10-204. Civic and character education -- Definitions -- Legislative finding --
657     Elements -- Reporting requirements.
658          (1) As used in this section:
659          (a) "Character education" means reaffirming values and qualities of character which
660     promote an upright and desirable citizenry.
661          (b) "Civic education" means the cultivation of informed, responsible participation in
662     political life by competent citizens committed to the fundamental values and principles of
663     representative democracy in Utah and the United States.

664          (c) "Civics engagement pilot program" means the pilot program described in Subsection
665     [(7)] (6).
666          (d) "Civics engagement project" means the civics engagement project described in
667     Subsection [(7)] (6), which a student enrolled in a participating LEA may complete.
668          (e) "Participating LEA" means an LEA that meets the eligibility criteria, and is selected
669     by the state board, to participate in the civics engagement pilot program.
670          (f) "Values" means time-established principles or standards of worth.
671          (2) The Legislature recognizes that:
672          (a) Civic and character education are fundamental elements of the public education
673     system's core mission as originally intended and established under Article X of the Utah
674     Constitution;
675          (b) Civic and character education are fundamental elements of the constitutional
676     responsibility of public education and shall be a continuing emphasis and focus in public
677     schools;
678          (c) the cultivation of a continuing understanding and appreciation of a constitutional
679     republic and principles of representative democracy in Utah and the United States among
680     succeeding generations of educated and responsible citizens is important to the nation and state;
681          (d) the primary responsibility for the education of children within the state resides with
682     their parents and that the role of state and local governments is to support and assist parents in
683     fulfilling that responsibility;
684          (e) public schools fulfill a vital purpose in the preparation of succeeding generations of
685     informed and responsible citizens who are deeply attached to essential democratic values and
686     institutions; and
687          (f) the happiness and security of American society relies upon the public virtue of its
688     citizens which requires a united commitment to a moral social order where self-interests are
689     willingly subordinated to the greater common good.
690          (3) Through an integrated curriculum, students shall be taught in connection with regular
691     school work:
692          (a) honesty, integrity, morality, civility, duty, honor, service, and obedience to law;
693          (b) respect for and an understanding of the Declaration of Independence and the
694     constitutions of the United States and of the state of Utah;
695          (c) Utah history, including territorial and preterritorial development to the present;

696          (d) the essentials and benefits of the free enterprise system;
697          (e) respect for parents, home, and family;
698          (f) the dignity and necessity of honest labor; and
699          (g) other skills, habits, and qualities of character which will promote an upright and
700     desirable citizenry and better prepare students to recognize and accept responsibility for
701     preserving and defending the blessings of liberty inherited from prior generations and secured by
702     the constitution.
703          (4) Local school boards and school administrators may provide training, direction, and
704     encouragement, as needed, to accomplish the intent and requirements of this section and to
705     effectively emphasize civic and character education in the course of regular instruction in the
706     public schools.
707          (5) Civic and character education in public schools are:
708          (a) not intended to be separate programs in need of special funding or added specialists
709     to be accomplished; and
710          (b) core principles which reflect the shared values of the citizens of Utah and the
711     founding principles upon which representative democracy in the United States and the state of
712     Utah are based.
713          [(6) In accordance with Section 53E-1-203, the state board shall report to the Education
714     Interim Committee the methods used, and the results being achieved, to instruct and prepare
715     students to become informed and responsible citizens through an integrated curriculum taught in
716     connection with regular school work as required in this section.]
717          [(7)] (6) (a) In accordance with this section, subject to appropriations by the Legislature
718     for this purpose, beginning with the 2020-21 school year, the state board shall administer a
719     three-year civics engagement pilot program to assess the benefits of, and methods for,
720     implementing a requirement to complete a civics engagement project as a condition for receiving
721     a high school diploma.
722          (b) The state board shall:
723          (i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
724     Rulemaking Act:
725          (A) to create a civics engagement project that complies with core standards for Utah
726     public education for social studies and prepares students for lifelong civic motivation and
727     participation through applied learning of civics content;

728          (B) to establish eligibility requirements for participating LEAs;
729          (C) to create an application process for LEAs to apply to participate in the pilot
730     program; and
731          (D) for a report that a participating LEA is required to submit to the state board at the
732     end of the pilot program;
733          (ii) select participating LEAs:
734          (A) from diverse geographic areas within the state; and
735          (B) with a range of student population sizes; and
736          (iii) subject to appropriations by the Legislature for this purpose, in cooperation with
737     school districts, charter schools, and interested private and nonprofit entities, provide training
738     that prepares teachers in a participating LEA to assist students to successfully complete the
739     civics engagement project.
740          (c) A participating LEA shall submit a report to the state board in accordance with the
741     rules described in Subsection [(7)] (6)(b)(i)(D).
742          Section 9. Section 53G-11-505 is amended to read:
743          53G-11-505. State board rules -- Reporting to Legislature.
744          [(1) ]Subject to Sections 53G-11-506, 53G-11-507, 53G-11-508, 53G-11-509,
745     53G-11-510, and 53G-11-511, rules adopted by the state board under Section 53G-11-504
746     shall:
747          [(a)] (1) provide general guidelines, requirements, and procedures for the development
748     and implementation of employee evaluations;
749          [(b)] (2) establish required components and allow for optional components of employee
750     evaluations;
751          [(c)] (3) require school districts to choose valid and reliable methods and tools to
752     implement the evaluations; and
753          [(d)] (4) establish a timeline for school districts to implement employee evaluations.
754          [(2) The state board shall report to the Education Interim Committee, as requested, on
755     progress in implementing employee evaluations in accordance with this section and Sections
756     53G-11-504, 53G-11-506, 53G-11-507, 53G-11-508, 53G-11-509, 53G-11-510, and
757     53G-11-511.]
758          Section 10. Section 63I-2-253 is amended to read:
759          63I-2-253. Repeal dates -- Titles 53 through 53G.

760          (1) (a) Section 53-2a-217, regarding procurement during an epidemic or pandemic
761     emergency, is repealed on December 31, 2021.
762          (b) When repealing Section 53-2a-217, the Office of Legislative Research and General
763     Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make necessary
764     changes to subsection numbering and cross references.
765          (2) Section 53B-2a-103 is repealed July 1, 2021.
766          (3) Section 53B-2a-104 is repealed July 1, 2021.
767          (4) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
768     technical college board of trustees, is repealed July 1, 2022.
769          (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
770     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make necessary
771     changes to subsection numbering and cross references.
772          (5) Section 53B-6-105.7 is repealed July 1, 2024.
773          (6) (a) Subsection 53B-7-705(6)(b)(ii)(A), the language that states "Except as provided
774     in Subsection (6)(b)(ii)(B)," is repealed July 1, 2021.
775          (b) Subsection 53B-7-705(6)(b)(ii)(B), regarding comparing a technical college's
776     change in performance with the technical college's average performance, is repealed July 1,
777     2021.
778          (7) (a) Subsection 53B-7-707(3)(a)(ii), the language that states "Except as provided in
779     Subsection (3)(b)," is repealed July 1, 2021.
780          (b) Subsection 53B-7-707(3)(b), regarding performance data of a technical college
781     during a fiscal year before fiscal year 2020, is repealed July 1, 2021.
782          (8) Section 53B-8-114 is repealed July 1, 2024.
783          (9) (a) The following sections, regarding the Regents' scholarship program, are repealed
784     on July 1, 2023:
785          (i) Section 53B-8-202;
786          (ii) Section 53B-8-203;
787          (iii) Section 53B-8-204; and
788          (iv) Section 53B-8-205.
789          (b) (i) Subsection 53B-8-201(2), regarding the Regents' scholarship program for
790     students who graduate from high school before fiscal year 2019, is repealed on July 1, 2023.
791          (ii) When repealing Subsection 53B-8-201(2), the Office of Legislative Research and

792     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make necessary
793     changes to subsection numbering and cross references.
794          (10) Section 53B-10-101 is repealed on July 1, 2027.
795          (11) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
796     repealed July 1, 2023.
797          (12) Section 53E-3-519 regarding school counselor services is repealed July 1, 2020.
798          (13) Section 53E-3-520 is repealed July 1, 2021.
799          (14) Subsection 53E-5-306(3)(b)(ii)(B), related to improving school performance and
800     continued funding relating to the School Recognition and Reward Program, is repealed July 1,
801     2020.
802          (15) Section 53E-5-307 is repealed July 1, 2020.
803          (16) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed July 1,
804     2024.
805          (17) In Subsections 53F-2-205(4) and (5), regarding the State Board of Education's
806     duties if contributions from the minimum basic tax rate are overestimated or underestimated, the
807     language that states "or 53F-2-301.5, as applicable" is repealed July 1, 2023.
808          (18) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
809     repealed July 1, 2023.
810          (19) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
811     applicable" is repealed July 1, 2023.
812          (20) Section 53F-4-207 is repealed July 1, 2022.
813          (21) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
814     applicable" is repealed July 1, 2023.
815          (22) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
816     applicable" is repealed July 1, 2023.
817          (23) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
818     applicable" is repealed July 1, 2023.
819          (24) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5, as
820     applicable" is repealed July 1, 2023.
821          (25) Subsections 53G-10-204(1)(c) through (e), and Subsection 53G-10-204[(7)](6),
822     related to the civics engagement pilot program, are repealed on July 1, 2023.
823          (26) On July 1, 2023, when making changes in this section, the Office of Legislative

824     Research and General Counsel shall, in addition to the office's authority under Subsection
825     36-12-12(3), make corrections necessary to ensure that sections and subsections identified in
826     this section are complete sentences and accurately reflect the office's perception of the
827     Legislature's intent.
828          Section 11. Repealer.
829          This bill repeals:
830          Section 53F-2-508, Student Leadership Skills Development Program.
831          Section 53F-2-512, Appropriation for accommodation plans for students with Section
832     504 accommodations.