1
2
3
4
5
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
15
16 LONG TITLE
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
47
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 [
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 [
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) [
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 [
188 [
189 [
190
191 [
192
193 [
194
195
196
197
198
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 [
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
$12,200,000
367 Schedule of Programs:
368 Early Intervention $12,200,000