Senator Ann Millner proposes the following substitute bill:




Chief Sponsor: Steve Waldrip

Senate Sponsor: Ann Millner

6     Cosponsors:
7     Carl R. Albrecht
8     Melissa G. Ballard
9     Gay Lynn Bennion
10     Joel K. Briscoe
11     Clare Collard
12     Jennifer Dailey-Provost
13     Stephen G. Handy
14     Suzanne Harrison
Sandra Hollins
Dan N. Johnson
Karen Kwan
Ashlee Matthews
Carol Spackman Moss
Calvin R. Musselman
Doug Owens
Karen M. Peterson
Stephanie Pitcher
Judy Weeks Rohner
Angela Romero
V. Lowry Snow
Robert M. Spendlove
Andrew Stoddard
Elizabeth Weight
Douglas R. Welton
Mark A. Wheatley
Mike Winder

17     General Description:
18          This bill amends provisions related to optional enhanced kindergarten.
19     Highlighted Provisions:
20          This bill:
21          ▸     clarifies that kindergarten remains optional;
22          ▸     establishes distribution standards for the distribution of increased funding for the
23     optional enhanced kindergarten grant program;

24          ▸     requires the Public Education Appropriations Subcommittee to study the feasibility
25     of transferring ongoing appropriations for optional enhanced kindergarten to the
26     weighted pupil unit if those appropriations reach a certain threshold;
27          ▸     relocates a requirement for kindergarten entry and exit assessments from the
28     optional enhanced kindergarten grant program;
29          ▸     amends a definition and school year provisions in relation to a preschool reading
30     program; and
31          ▸     makes technical and conforming changes.
32     Money Appropriated in this Bill:
33          This bill appropriates in fiscal year 2023:
34          ▸     to the Minimum School Program - Related to Basic School Programs:
35               •     From the Uniform School Fund, $12,200,000.
36     Other Special Clauses:
37          None
38     Utah Code Sections Affected:
39     AMENDS:
40          35A-15-102, as last amended by Laws of Utah 2020, Chapter 171
41          53E-4-314, as last amended by Laws of Utah 2020, Chapter 171
42          53F-2-507, as last amended by Laws of Utah 2020, Chapter 171
43          53F-4-401, as last amended by Laws of Utah 2021, First Special Session, Chapter 14
44          53F-4-404, as last amended by Laws of Utah 2021, First Special Session, Chapter 14
45          53F-4-406, as last amended by Laws of Utah 2020, Chapter 171
46          53G-7-203, as last amended by Laws of Utah 2019, Chapter 293

48     Be it enacted by the Legislature of the state of Utah:
49          Section 1. Section 35A-15-102 is amended to read:
50          35A-15-102. Definitions.
51          As used in this chapter:
52          (1) "Board" means the School Readiness Board, created in Section 35A-15-201.
53          (2) "Economically disadvantaged" means to be eligible to receive free or reduced price
54     lunch.

55          (3) "Eligible home-based educational technology provider" means a provider that
56     offers a home-based educational technology program to develop the school readiness skills of
57     an eligible student.
58          (4) (a) "Eligible LEA" means an LEA that has a data system capacity to collect
59     longitudinal academic outcome data, including special education use by student, by identifying
60     each student with a statewide unique student identifier.
61          (b) "Eligible LEA" includes a program exempt from licensure under Subsection
62     26-39-403(2)(c).
63          (5) (a) "Eligible private provider" means a child care program that:
64          (i) is licensed under Title 26, Chapter 39, Utah Child Care Licensing Act; or
65          (ii) except as provided in Subsection (5)(b)(ii), is exempt from licensure under Section
66     26-39-403.
67          (b) "Eligible private provider" does not include:
68          (i) residential child care, as defined in Section 26-39-102; or
69          (ii) a program exempt from licensure under Subsection 26-39-403(2)(c).
70          (6) "Eligible student" means a student:
71          (a) (i) who is age three, four, or five; and
72          (ii) is not eligible for enrollment under Subsection 53G-4-402(6); and
73          (b) (i) (A) who is economically disadvantaged; and
74          (B) whose parent or legal guardian reports that the student has experienced at least one
75     risk factor; or
76          (ii) is an English learner.
77          (7) "Evaluation" means an evaluation conducted in accordance with Section
78     35A-15-303.
79          (8) "High quality school readiness program" means a preschool program that:
80          (a) is provided by an eligible LEA, eligible private provider, or eligible home-based
81     educational technology provider; and
82          (b) meets the elements of a high quality school readiness program described in Section
83     35A-15-202.
84          (9) "Investor" means a person that enters into a results-based contract to provide
85     funding to a high quality school readiness program on the condition that the person will receive

86     payment in accordance with Section 35A-15-402 if the high quality school readiness program
87     meets the performance outcome measures included in the results-based contract.
88          (10) "Kindergarten assessment" means the kindergarten entry assessment described in
89     Section [53F-2-507] 53G-7-203.
90          (11) "Kindergarten transition plan" means a plan that supports the smooth transition of
91     a preschool student to kindergarten and includes communication and alignment among the
92     preschool, program, parents, and K-12 personnel.
93          (12) "Local Education Agency" or "LEA" means a school district or charter school.
94          (13) "Performance outcome measure" means:
95          (a) indicators, as determined by the board, on the school readiness assessment and the
96     kindergarten assessment; or
97          (b) for a results-based contract, the indicators included in the contract.
98          (14) "Results-based contract" means a contract that:
99          (a) is entered into in accordance with Section 35A-15-402;
100          (b) includes a performance outcome measure; and
101          (c) is between the board, a provider of a high quality school readiness program, and an
102     investor.
103          (15) "Risk factor" means:
104          (a) having a mother who was 18 years old or younger when the child was born;
105          (b) a member of a child's household is incarcerated;
106          (c) living in a neighborhood with high violence or crime;
107          (d) having one or both parents with a low reading ability;
108          (e) moving at least once in the past year;
109          (f) having ever been in foster care;
110          (g) living with multiple families in the same household;
111          (h) having exposure in a child's home to:
112          (i) physical abuse or domestic violence;
113          (ii) substance abuse;
114          (iii) the death or chronic illness of a parent or sibling; or
115          (iv) mental illness;
116          (i) the primary language spoken in a child's home is a language other than English; or

117          (j) having at least one parent who has not completed high school.
118          (16) "School readiness assessment" means the same as that term is defined in Section
119     53E-4-314.
120          (17) "Tool" means the tool developed in accordance with Section 35A-15-303.
121          Section 2. Section 53E-4-314 is amended to read:
122          53E-4-314. School readiness assessment.
123          (1) As used in this section:
124          (a) "School readiness assessment" means a preschool entry and exit profile that
125     measures literacy, numeracy, and lifelong learning practices developed in a student.
126          (b) "School readiness program" means a preschool program:
127          (i) in which a student participates in the year before the student is expected to enroll in
128     kindergarten; and
129          (ii) that receives funding under Title 35A, Chapter 15, Preschool Programs.
130          (2) The state board shall develop a school readiness assessment that aligns with the
131     kindergarten entry and exit assessment described in Section [53F-2-507] 53G-7-203.
132          (3) A school readiness program shall:
133          (a) except as provided in Subsection (4), administer to each student who participates in
134     the school readiness program the school readiness assessment at the beginning and end of the
135     student's participation in the school readiness program; and
136          (b) report the results of the assessments described in Subsection (3)(a) or (4) to the
137     School Readiness Board created in Section 35A-15-201.
138          (4) In place of the assessments described in Subsection (3)(a), a school readiness
139     program that is offered through home-based technology may administer to each student who
140     participates in the school readiness program:
141          (a) a validated computer adaptive pre-assessment at the beginning of the student's
142     participation in the school readiness program; and
143          (b) a validated computer adaptive post-assessment at the end of the student's
144     participation in the school readiness program.
145          (5) (a) The following may submit school readiness assessment data to the School
146     Readiness Board created in Section 35A-15-201:
147          (i) a private child care provider; or

148          (ii) an LEA on behalf of a school that is not participating in the High Quality School
149     Readiness Grant Program described in Section 35A-15-301.
150          (b) If a private child care provider or LEA submits school readiness assessment data to
151     the School Readiness Board under Subsection (5)(a), the state board shall include the school
152     readiness assessment data in the report described in Subsection 35A-15-303(5).
153          Section 3. Section 53F-2-507 is amended to read:
154          53F-2-507. Enhanced kindergarten early intervention program.
155          (1) The state board shall, as described in Subsection (4), distribute funds appropriated
156     under this section for an enhanced kindergarten program described in Subsection (2), to school
157     districts and charter schools that apply for the funds.
158          (2) An LEA governing board shall use funds appropriated in this section for a school
159     district or charter school to offer an early intervention program, delivered through an enhanced
160     kindergarten program that:
161          (a) is an academic program focused on building age-appropriate literacy and numeracy
162     skills;
163          (b) uses an evidence-based early intervention model;
164          (c) is targeted to at-risk students; and
165          (d) is delivered through additional hours or other means.
166          (3) An LEA governing board may not require a student to participate in an enhanced
167     kindergarten program described in Subsection (2).
168          (4) [Subject to Subsection (6)] Except as provided in Subsection (5), the state board
169     shall distribute funds appropriated under this section for an enhanced kindergarten program
170     described in Subsection (2) as follows:
171          (a) (i) the total allocation for charter schools shall be calculated by:
172          (A) dividing the number of charter school students by the total number of students in
173     the public education system in the prior school year; and
174          (B) multiplying the resulting percentage by the total amount of available funds; and
175          (ii) the amount calculated under Subsection (4)(a) shall be distributed to charter
176     schools with the greatest need for an enhanced kindergarten program, as determined by the
177     state board in consultation with the State Charter School Board;
178          (b) each school district shall receive the amount calculated by:

179          (i) multiplying the value of the weighted pupil unit by 0.45; and
180          (ii) multiplying the result by 20; and
181          (c) the remaining funds, after the allocations described in Subsections (4)(a) and (4)(b)
182     are made, shall be distributed to applicant school districts by:
183          (i) determining the number of students eligible to receive free lunch in the prior school
184     year for each school district; and
185          (ii) prorating the remaining funds based on the number of students eligible to receive
186     free lunch in each school district.
187          [(5) (a) The state board shall:]
188          [(i) develop and collect data from kindergarten entry and exit assessments; and]
189          [(ii) make rules regarding the administration of and reporting regarding the
190     assessments.]
191          [(b) An LEA shall administer the entry and exit assessments described in Subsection
192     (5)(a) to each kindergarten student.]
193          [(6) For an LEA that receives funds under Subsection (4): (a) the LEA shall report to
194     the state board the results of the entry and exit assessments described in Subsection (5)(a) in
195     relation to each kindergarten student in the LEA; and (b) the LEA is not eligible for
196     subsequent distributions under Subsection (4) unless the results of the entry and exit
197     assessments demonstrate successful outcomes of the LEA's enhanced kindergarten program, as
198     determined by the board.]
199          (5) Notwithstanding Subsection (4), the state board shall:
200          (a) distribute any increased funds appropriated under this section after January 1, 2022,
201     for a full-day kindergarten program described in Subsection 53G-7-203(5) to LEAs with the
202     greatest need for a full-day kindergarten program, as determined by the state board; and
203          (b) in making the distribution described in Subsection (5)(a), consider geography,
204     socioeconomic need, the LEA's receipt of ongoing federal funding, and efforts to expand
205     full-day kindergarten statewide.
206          (6) If the amount appropriated for kindergarten under this section is equal to or greater
207     than 80% of the potential cost of adjusting the WPU weighting for a kindergarten student under
208     Section 53F-2-302 to a full WPU, the Public Education Appropriations Subcommittee shall
209     study the feasibility of transferring kindergarten funding to the WPU.

210          Section 4. Section 53F-4-401 is amended to read:
211          53F-4-401. Definitions.
212          As used in this part:
213          (1) "Contractor" means the educational technology provider selected by the state board
214     under Section 53F-4-402.
215          (2) "Intergenerational poverty" means the same as that term is defined in Section
216     35A-9-102.
217          (3) "Preschool child" means a child who is:
218          (a) (i) four or five years old; and
219          (ii) not eligible for enrollment under Subsection 53G-4-402(6); or
220          (b) in the 2021-2022 or 2022-2023 school year, eligible for enrollment in kindergarten
221     or enrolled in kindergarten.
222          (4) (a) "Private preschool provider" means a child care program that:
223          (i) (A) is licensed under Title 26, Chapter 39, Utah Child Care Licensing Act; or
224          (B) except as provided in Subsection (4)(b)(ii), is exempt from licensure under Section
225     26-39-403; and
226          (ii) meets other criteria as established by the state board, consistent with Utah
227     Constitution, Article X, Section 1.
228          (b) "Private preschool provider" does not include:
229          (i) a residential certificate provider described in Section 26-39-402; or
230          (ii) a program exempt from licensure under Subsection 26-39-403(2)(c).
231          (5) "Public preschool" means a preschool program that is provided by a school district
232     or charter school.
233          (6) "Qualifying participant" means a preschool child who:
234          (a) resides within the boundaries of a qualifying school as determined under Section
235     53G-6-302; or
236          (b) is enrolled in a qualifying preschool.
237          (7) "Qualifying preschool" means a public preschool or private preschool provider that:
238          (a) serves preschool children covered by child care subsidies funded by the Child Care
239     and Development Block Grant Program authorized under 42 U.S.C. Secs. 9857-9858r;
240          (b) participates in a federally assisted meal program that provides funds to licensed

241     child care centers as authorized under Section 53E-3-501; or
242          (c) is located within the boundaries of a qualifying school.
243          (8) "Qualifying school" means a school district elementary school that:
244          (a) has at least 50% of students who were eligible to receive free or reduced lunch the
245     previous school year;
246          (b) is a school with a high percentage, as determined by the Department of Workforce
247     Services through rule and based on the previous school year enrollments, of students
248     experiencing intergenerational poverty; or
249          (c) is located in one of the following school districts:
250          (i) Beaver School District;
251          (ii) Carbon School District;
252          (iii) Daggett School District;
253          (iv) Duchesne School District;
254          (v) Emery School District;
255          (vi) Garfield School District;
256          (vii) Grand School District;
257          (viii) Iron School District;
258          (ix) Juab School District;
259          (x) Kane School District;
260          (xi) Millard School District;
261          (xii) Morgan School District;
262          (xiii) North Sanpete School District;
263          (xiv) North Summit School District;
264          (xv) Piute School District;
265          (xvi) Rich School District;
266          (xvii) San Juan School District;
267          (xviii) Sevier School District;
268          (xix) South Sanpete School District;
269          (xx) South Summit School District;
270          (xxi) Tintic School District;
271          (xxii) Uintah School District; or

272          (xxiii) Wayne School District.
273          (9) "UPSTART" means the project established by Section 53F-4-402 that uses a
274     home-based educational technology program to develop school readiness skills of preschool
275     children.
276          Section 5. Section 53F-4-404 is amended to read:
277          53F-4-404. Family participation in UPSTART -- Priority enrollment.
278          (1) The contractor shall:
279          (a) solicit families to participate in UPSTART through a public information campaign
280     and referrals from participating school districts; and
281          (b) work with the Department of Workforce Services and the state board to solicit
282     participation from families of qualifying participants to participate in UPSTART.
283          (2) Preschool children who participate in UPSTART shall:
284          (a) be from families with diverse socioeconomic and ethnic backgrounds;
285          (b) reside in different regions of the state in both urban and rural areas; and
286          (c) be given preference to participate if the preschool children are qualifying
287     participants.
288          (3) (a) In a contract entered into with an educational technology provider as described
289     in Section 53F-4-402, the state board shall require the provider to prioritize enrollment of
290     qualified participants based on a first come, first served basis.
291          (b) The state board shall provide a list of qualifying schools and qualifying preschools
292     and other applicable information to the contractor for verification of qualifying participants.
293          (c) The contractor shall annually provide participant information to the state board as
294     part of the verification process.
295          (d) A qualifying participant may obtain a computer and peripheral equipment on loan
296     and receive free Internet service for the duration of the qualified participant's participation in
297     UPSTART if the qualifying participant:
298          (i) is eligible to receive free or reduced lunch; and
299          (ii) the qualifying participant participates in UPSTART at home.
300          (4) (a) The contractor shall make the home-based educational technology program
301     available to families at a cost agreed upon by the state board and the contractor if the number of
302     families who would like to participate in UPSTART exceeds the number of participants funded

303     by the legislative appropriation.
304          (b) The state board and the contractor shall annually post on their websites information
305     on purchasing a home-based educational technology program as provided in Subsection (4)(a).
306          (c) Except as provided in Subsection (4)(d), a preschool child may only participate in
307     UPSTART through legislative funding once.
308          (d) Subsection (4)(c) does not apply to a preschool child who, in the 2021-2022 or
309     2022-2023 school year:
310          (i) is eligible for enrollment in kindergarten; or
311          (ii) is enrolled in kindergarten.
312          Section 6. Section 53F-4-406 is amended to read:
313          53F-4-406. Audit and evaluation.
314          (1) The state auditor shall every three years:
315          (a) conduct an audit of the contractor's use of funds for UPSTART; or
316          (b) contract with an independent certified public accountant to conduct an audit.
317          (2) The state board shall:
318          (a) require by contract that the contractor will open its books and records relating to its
319     expenditure of funds pursuant to the contract to the state auditor or the state auditor's designee;
320          (b) reimburse the state auditor for the actual and necessary costs of the audit; and
321          (c) contract with an independent, qualified evaluator, selected through a request for
322     proposals process, to evaluate the home-based educational technology program for preschool
323     children.
324          (3) The evaluator described in Subsection (2)(c) shall use, among other indicators,
325     assessment scores from an assessment described in Section [53F-2-507] 53G-7-203 to evaluate
326     whether the contractor has effectively prepared preschool children for academic success as
327     described in Section 53F-4-402.
328          (4) Of the money appropriated by the Legislature for UPSTART, excluding funds used
329     to provide computers, peripheral equipment, and Internet service to families, no more than
330     7.5% of the appropriation not to exceed $600,000 may be used for the evaluation and
331     administration of the program.
332          Section 7. Section 53G-7-203 is amended to read:
333          53G-7-203. Kindergartens -- Establishment -- Funding -- Assessment.

334          (1) Kindergartens are an integral part of the state's public education system.
335          (2) (a) Each local school board shall provide kindergarten classes free of charge for
336     kindergarten children residing within the district.
337          (b) Nothing in this Subsection (2):
338          (i) allows an LEA governing board to require a student to participate in a full-day
339     kindergarten program;
340          (ii) modifies the non-compulsory status of kindergarten under Title 53G, Chapter 6,
341     Part 2, Compulsory Education; or
342          (iii) requires a student who only attends a half-day of kindergarten to participate in dual
343     enrollment under Section 53G-6-702.
344          (3) Kindergartens established under Subsection (2) shall receive state money under
345     Title 53F, Public Education System -- Funding.
346          (4) (a) The state board shall:
347          (i) develop and collect data from kindergarten entry and exit assessments; and
348          (ii) make rules regarding the administration of and reporting regarding the assessments.
349          (b) An LEA shall:
350          (i) administer the entry and exit assessments described in Subsection (4)(a) to each
351     kindergarten student; and
352          (ii) report to the state board the results of the entry and exit assessments described in
353     Subsection (4)(b)(i) in relation to each kindergarten student in the LEA.
354          (5) Beginning with the 2022-2023 school year, the state board shall require LEAs to
355     report average daily membership for all kindergarten students who attend kindergarten on a
356     schedule that is equivalent in length to the schedule for grades 1 through 3 with the October 1
357     data described in Section 53F-2-302.
358          Section 8. Appropriation.
359          The following sums of money are appropriated for the fiscal year beginning July 1,
360     2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
361     fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
362     Act, the Legislature appropriates the following sums of money from the funds or accounts
363     indicated for the use and support of the government of the state of Utah.
364          To State Board of Education - Minimum School Program - Related to Basic School

365           Program
366               From Uniform School Fund

367               Schedule of Programs:
368                    Early Intervention                    $12,200,000