This document includes House Committee Amendments incorporated into the bill on Thu, Feb 10, 2022 at 10:59 AM by pflowers.



Chief Sponsor: Karen M. Peterson

Senate Sponsor: Lincoln Fillmore


8     General Description:
9          This bill modifies provisions related to a high quality school readiness program.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the eligibility requirements for a preschool student to participate in a high
13     quality school readiness program;
14          ▸     modifies requirements for lead teacher certifications in a preschool program that an
15     eligible LEA or an eligible private provider runs as part of a high quality school
16     readiness program; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          35A-15-102, as last amended by Laws of Utah 2020, Chapter 171
25          35A-15-202, as last amended by Laws of Utah 2019, Chapter 186 and renumbered and
26     amended by Laws of Utah 2019, Chapter 342 and last amended by Coordination
27     Clause, Laws of Utah 2019, Chapter 342


29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 35A-15-102 is amended to read:
31          35A-15-102. Definitions.
32          As used in this chapter:
33          (1) "Board" means the School Readiness Board, created in Section 35A-15-201.
34          (2) "Economically disadvantaged" means to be eligible to receive free or reduced price
35     lunch.
36          (3) "Eligible home-based educational technology provider" means a provider that
37     offers a home-based educational technology program to develop the school readiness skills of
38     an eligible student.
39          (4) (a) "Eligible LEA" means an LEA that has a data system capacity to collect
40     longitudinal academic outcome data, including special education use by student, by identifying
41     each student with a statewide unique student identifier.
42          (b) "Eligible LEA" includes a program exempt from licensure under Subsection
43     26-39-403(2)(c).
44          (5) (a) "Eligible private provider" means a child care program that:
45          (i) is licensed under Title 26, Chapter 39, Utah Child Care Licensing Act; or
46          (ii) except as provided in Subsection (5)(b)(ii), is exempt from licensure under Section
47     26-39-403.
48          (b) "Eligible private provider" does not include:
49          (i) residential child care, as defined in Section 26-39-102; or
50          (ii) a program exempt from licensure under Subsection 26-39-403(2)(c).
51          (6) "Eligible student" means a student:
52          (a) (i) who is age three, four, or five; and
53          (ii) is not eligible for enrollment under Subsection 53G-4-402(6); and
54          (b) (i) (A) who is economically disadvantaged; and
55          (B) whose parent or legal guardian reports that the student has experienced at least one
56     risk factor; [or]
57          (ii) is an English learner[.]; or
58          (iii) is in foster care.

59          (7) "Evaluation" means an evaluation conducted in accordance with Section
60     35A-15-303.
61          (8) "High quality school readiness program" means a preschool program that:
62          (a) is provided by an eligible LEA, eligible private provider, or eligible home-based
63     educational technology provider; and
64          (b) meets the elements of a high quality school readiness program described in Section
65     35A-15-202.
66          (9) "Investor" means a person that enters into a results-based contract to provide
67     funding to a high quality school readiness program on the condition that the person will receive
68     payment in accordance with Section 35A-15-402 if the high quality school readiness program
69     meets the performance outcome measures included in the results-based contract.
70          (10) "Kindergarten assessment" means the kindergarten entry assessment described in
71     Section 53F-2-507.
72          (11) "Kindergarten transition plan" means a plan that supports the smooth transition of
73     a preschool student to kindergarten and includes communication and alignment among the
74     preschool, program, parents, and K-12 personnel.
75          (12) "Local Education Agency" or "LEA" means a school district or charter school.
76          (13) "Performance outcome measure" means:
77          (a) indicators, as determined by the board, on the school readiness assessment and the
78     kindergarten assessment; or
79          (b) for a results-based contract, the indicators included in the contract.
80          (14) "Results-based contract" means a contract that:
81          (a) is entered into in accordance with Section 35A-15-402;
82          (b) includes a performance outcome measure; and
83          (c) is between the board, a provider of a high quality school readiness program, and an
84     investor.
85          (15) "Risk factor" means:
86          (a) having a mother who was 18 years old or younger when the child was born;
87          (b) a member of a child's household is incarcerated;
88          (c) living in a neighborhood with high violence or crime;
89          (d) having one or both parents with a low reading ability;

90          (e) moving at least once in the past year;
91          (f) having ever been in foster care;
92          (g) living with multiple families in the same household;
93          (h) having exposure in a child's home to:
94          (i) physical abuse or domestic violence;
95          (ii) substance abuse;
96          (iii) the death or chronic illness of a parent or sibling; or
97          (iv) mental illness;
98          (i) the primary language spoken in a child's home is a language other than English; or
99          (j) having at least one parent who has not completed high school.
100          (16) "School readiness assessment" means the same as that term is defined in Section
101     53E-4-314.
102          (17) "Tool" means the tool developed in accordance with Section 35A-15-303.
103          Section 2. Section 35A-15-202 is amended to read:
104          35A-15-202. Elements of a high quality school readiness program.
105          (1) A high quality school readiness program [run by] that an eligible LEA or eligible
106     private provider runs shall include [the following components]:
107          (a) an evidence-based curriculum that is aligned with all of the developmental domains
108     and academic content areas defined in the Utah [Early Childhood Standards adopted by] core
109     standards for preschool that the State Board of Education adopts, and that incorporates:
110          (i) intentional and differentiated instruction in whole group, small group, and
111     child-directed learning; and
112          (ii) [explicit] intentional instruction in key areas of literacy and numeracy, as
113     determined by the State Board of Education, that:
114          (A) is teacher led or through a partnership with a contractor as defined in Section
115     53F-4-401;
116          (B) includes specific literary and numeracy skills, such as phonological awareness; and
117          (C) includes provider monitoring and ongoing professional learning and coaching;
118          (b) ongoing, focused, and intensive professional development for staff of the school
119     readiness program;
120          (c) ongoing assessment of a student's educational growth and [developmental]

121     development that:
122          (i) is Ĥ→ [
based on] aligned to ←Ĥ the Utah core standards for preschool that the State
122a     Board of Education
123     adopts; and
124          (ii) evaluates student progress to inform instruction;
125          (d) administration of the school readiness assessment to each student;
126          (e) for a preschool program [run by an eligible LEA] that an eligible LEA runs, a class
127     size that does not exceed 20 students, with one adult for every 10 students in the class;
128          (f) ongoing program evaluation and data collection to monitor program goal
129     achievement and implementation of required program components;
130          (g) family engagement, including ongoing communication between home and school,
131     and parent education opportunities based on each family's circumstances;
132          [(h) for a preschool program run by an eligible LEA, each teacher having at least
133     obtained:]
134          [(i) the minimum standard of a child development associate certification; or]
135          [(ii) an associate or bachelor's degree in an early childhood education related field;]
136          [(i) for a preschool program run by an eligible private provider, by a teacher's second
137     year, each teacher having at least obtained:]
138          (h) only lead teachers who, by the lead teacher's second year, obtain at least:
139          (i) the minimum standard of a child development associate certification; or
140          (ii) an associate or bachelor's degree in an early childhood education related field; and
141          [(j)] (i) a kindergarten transition plan.
142          (2) A high quality school readiness program [run by] that a home-based educational
143     technology provider runs shall:
144          (a) be an evidence-based and age appropriate individualized interactive instruction
145     assessment and feedback technology program that teaches eligible students early learning skills
146     needed to be successful upon entry into kindergarten;
147          (b) require regular parental engagement with the student in the student's use of the
148     home-based educational technology program;
149          (c) be aligned with the Utah [early childhood] core standards for preschool that the
150     State Board of Education adopts;
151          (d) require the administration of a pre- and post-assessment of each student whose

152     parent or legal guardian consents to the assessment that, for a home-based technology program
153     that receives funding under this part, is designated by the board in accordance with Section
154     35A-15-402; and
155          (e) require technology providers to ensure successful implementation and utilization of
156     the technology program.