1     
EARLY CHILDHOOD AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Susan Pulsipher

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill addresses state programs and services for children in early childhood.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     repeals the Governor's Early Childhood Commission (the commission);
14          ▸     requires the Department of Health and Human Services to provide administrative
15     and staff support to the Early Childhood Utah Advisory Council (the council);
16          ▸     expands the duties of the council to include duties previously fulfilled by the
17     commission;
18          ▸     requires the council to report certain information to the executive officers of the
19     Department of Health and Human Services, the Department of Workforce Services,
20     and the State Board of Education;
21          ▸     extends the sunset date of the council from 2026 to 2029; and
22          ▸     makes technical changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          26-66-102, as enacted by Laws of Utah 2019, Chapter 34
30          26-66-201, as enacted by Laws of Utah 2019, Chapter 34
31          26-66-202, as enacted by Laws of Utah 2019, Chapter 34
32          63I-1-226, as last amended by Laws of Utah 2022, Chapters 194, 206, 224, 253, 255,
33     347, and 451
34     ENACTS:
35          26-66-204, Utah Code Annotated 1953
36     REPEALS:
37          63M-13-101, as enacted by Laws of Utah 2019, Chapter 34
38          63M-13-102, as enacted by Laws of Utah 2019, Chapter 34
39          63M-13-201, as enacted by Laws of Utah 2019, Chapter 34
40          63M-13-202, as last amended by Laws of Utah 2020, Chapter 354
41          63M-13-203, as enacted by Laws of Utah 2019, Chapter 34
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 26-66-102 is amended to read:
45          26-66-102. Definitions.
46          As used in this chapter:
47          [(1) "Commission" means the Governor's Early Childhood Commission created in
48     Section 63M-13-201.]
49          [(2)] (1) "Council" means the Early Childhood Utah Advisory Council created in
50     Section 26-66-201.
51          (2) "Early childhood" refers to a child in the state who is eight years of age or younger.
52          (3) "State superintendent" means the state superintendent of public instruction
53     appointed under Section 53E-3-301.
54          Section 2. Section 26-66-201 is amended to read:
55          26-66-201. Creation of the Early Childhood Utah Advisory Council -- Duties of
56     the department.
57          (1) There is created the Early Childhood Utah Advisory Council.
58          (2) The department shall:
59          (a) make rules establishing the membership, duties, and procedures of the council in
60     accordance with the requirements of:
61          [(a)] (i) this chapter;
62          [(b)] (ii) the Improving Head Start for School Readiness Act of 2007, 42 U.S.C. Sec.
63     9837b; and
64          [(c)] (iii) Title 63G, Chapter 3, Utah Administrative Rulemaking Act[.]; and
65          (b) provide necessary administrative and staff support to the council.
66          Section 3. Section 26-66-202 is amended to read:
67          26-66-202. Duties of the council.
68          (1) The duties of the council [shall serve as an entity dedicated to] include:
69          (a) improving and coordinating the quality of programs and services for children in
70     accordance with the Improving Head Start for School Readiness Act of 2007, 42 U.S.C. Sec.
71     9837b[.];
72          (b) supporting Utah parents and families by providing comprehensive and accurate
73     information regarding the availability of voluntary services for children in early childhood from
74     state agencies and other private and public entities;
75          (c) facilitating improved coordination between state agencies and community partners
76     that provide services to children in early childhood;
77          (d) sharing and analyzing information regarding early childhood issues in the state;
78          (e) providing recommendations to the department, the Department of Workforce
79     Services, and the State Board of Education regarding a comprehensive delivery system of
80     services for children in early childhood that addresses the following four areas:
81          (i) family support and safety;
82          (ii) health and development;
83          (iii) early learning; and
84          (iv) economic development; and
85          (f) identifying opportunities for and barriers to the alignment of standards, rules,
86     policies, and procedures across programs and agencies that support children in early childhood.
87          (2) To fulfill the duties described in Subsection (1), the council shall:
88          (a) directly engage with parents, families, community members, and public and private
89     service providers to identify and address:
90          (i) the quality, effectiveness, and availability of existing services for children in early
91     childhood and the coordination of those services;
92          (ii) gaps and barriers to entry in the provision of services for children in early
93     childhood; and
94          (iii) community-based solutions in improving the quality, effectiveness, and
95     availability of services for children in early childhood;
96          (b) seek regular and ongoing feedback from a wide range of entities and individuals
97     that use or provide services for children in early childhood, including entities and individuals
98     that use, represent, or provide services for any of the following:
99          (i) children in early childhood who live in urban, suburban, or rural areas of the state;
100          (ii) children in early childhood with varying socioeconomic backgrounds;
101          (iii) children in early childhood with varying ethnic or racial heritage;
102          (iv) children in early childhood from various geographic areas of the state; and
103          (v) children in early childhood with special needs;
104          (c) study, evaluate, and report on the status and effectiveness of policies, procedures,
105     and programs that provide services to children in early childhood;
106          (d) study and evaluate the effectiveness of policies, procedures, and programs
107     implemented by other states and nongovernmental entities that address the needs of children in
108     early childhood;
109          (e) identify policies, procedures, and programs that are impeding efforts to help
110     children in early childhood in the state and recommend changes to those policies, procedures,
111     and programs;
112          (f) identify policies, procedures, and programs related to children in early childhood in
113     the state that are inefficient or duplicative and recommend changes to those policies,
114     procedures, and programs;
115          (g) recommend policy, procedure, and program changes to address the needs of
116     children in early childhood;
117          (h) develop methods for using interagency information to inform comprehensive policy
118     and budget decisions relating to early childhood services; and
119          (i) develop strategies and monitor efforts concerning:
120          (i) increasing school readiness;
121          (ii) improving access to early child care and early education programs; and
122          (iii) improving family and community engagement in early childhood education and
123     development.
124          (3) In fulfilling the council's duties, the council may request and receive, from any state
125     or local governmental agency or institution, information relating to early childhood, including
126     reports, audits, projections, and statistics.
127          [(2) The council shall advise the commission and, on or before August 1, annually
128     provide to the commission:]
129          [(a) a statewide assessment concerning the availability of high-quality pre-kindergarten
130     services for children from low-income households; and]
131          [(b) a statewide strategic report addressing the activities mandated by the Improving
132     Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b, including:]
133          [(i) identifying opportunities for and barriers to collaboration and coordination among
134     federally-funded and state-funded child health and development, child care, and early
135     childhood education programs and services, including collaboration and coordination among
136     state agencies responsible for administering such programs;]
137          [(ii) evaluating the overall participation of children in existing federal, state, and local
138     child care programs and early childhood health, development, family support, and education
139     programs;]
140          [(iii) recommending statewide professional development and career advancement plans
141     for early childhood educators and service providers in the state, including an analysis of the
142     capacity and effectiveness of programs at two- and four-year public and private institutions of
143     higher education that support the development of early childhood educators; and]
144          [(iv) recommending improvements to the state's early learning standards and
145     high-quality comprehensive early learning standards.]
146          [(3) On or before August 1, 2020, and at least every five years thereafter, the council
147     shall provide to the commission a statewide needs assessment concerning the quality and
148     availability of early childhood education, health, and development programs and services for
149     children in early childhood.]
150          Section 4. Section 26-66-204 is enacted to read:
151          26-66-204. Reports.
152          (1) (a) On or before August 1 of each year, the council shall provide an annual report to
153     the executive director, the executive director of the Department of Workforce Services, and the
154     state superintendent.
155          (b) The annual report shall include:
156          (i) a statewide assessment concerning the availability of high-quality pre-kindergarten
157     services for children from low-income households;
158          (ii) a statewide strategic report addressing the activities mandated by the Improving
159     Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b, including:
160          (A) identifying opportunities for and barriers to collaboration and coordination among
161     federally-funded and state-funded child health and development, child care, and early
162     childhood education programs and services, including collaboration and coordination among
163     state agencies responsible for administering such programs;
164          (B) evaluating the overall participation of children in existing federal, state, and local
165     child care programs and early childhood health, development, family support, and education
166     programs;
167          (C) recommending statewide professional development and career advancement plans
168     for early childhood educators and service providers in the state, including an analysis of the
169     capacity and effectiveness of programs at two- and four-year public and private institutions of
170     higher education that support the development of early childhood educators; and
171          (D) recommending improvements to the state's early learning standards and
172     high-quality comprehensive early learning standards; and
173          (iii) the recommendations described in Subsection 26-66-202(1)(e).
174          (2) In addition to the annual report described in Subsection (1)(a), on or before August
175     1, 2024, and at least every five years thereafter, the council shall provide to the executive
176     director, the executive director of the Department of Workforce Services, and the state
177     superintendent, a statewide needs assessment concerning the quality and availability of early
178     childhood education, health, and development programs and services for children in early
179     childhood.
180          Section 5. Section 63I-1-226 is amended to read:
181          63I-1-226. Repeal dates: Title 26 through 26B.
182          (1) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
183     1, 2025.
184          (2) Section 26-1-40 is repealed July 1, 2022.
185          (3) Section 26-1-41 is repealed July 1, 2026.
186          (4) Section 26-1-43 is repealed December 31, 2025.
187          (5) Section 26-7-10 is repealed July 1, 2025.
188          (6) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
189     2028.
190          (7) Section 26-7-14 is repealed December 31, 2027.
191          (8) Section 26-8a-603 is repealed July 1, 2027.
192          (9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
193     1, 2025.
194          (10) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,
195     is repealed July 1, 2026.
196          (11) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed
197     July 1, 2025.
198          [(12) Subsection 26-15c-104(3), relating to a limitation on the number of
199     microenterprise home kitchen permits that may be issued, is repealed July 1, 2022.]
200          [(13)] (12) Subsection 26-18-2.6(9), which addresses reimbursement for dental
201     hygienists, is repealed July 1, 2028.
202          [(14)] (13) Section 26-18-27 is repealed July 1, 2025.
203          [(15)] (14) Section 26-18-28 is repealed June 30, 2027.
204          [(16)] (15) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed
205     July 1, 2027.
206          [(17)] (16) Subsection 26-18-418(2), the language that states "and the Behavioral
207     Health Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
208          [(18)] (17) Section 26-33a-117 is repealed December 31, 2023.
209          [(19)] (18) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
210     2024.
211          [(20)] (19) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July
212     1, 2024.
213          [(21)] (20) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is
214     repealed July 1, 2024.
215          [(22)] (21) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July
216     1, 2024.
217          [(23)] (22) Section 26-39-201, which creates the Residential Child Care Licensing
218     Advisory Committee, is repealed July 1, 2024.
219          [(24)] (23) Section 26-39-405, Drinking water quality in child care centers, is repealed
220     July 1, 2027.
221          [(25)] (24) Section 26-40-104, which creates the Utah Children's Health Insurance
222     Program Advisory Council, is repealed July 1, 2025.
223          [(26)] (25) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
224     Committee, is repealed July 1, 2025.
225          [(27)] (26) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
226     Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
227          [(28)] (27) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed
228     July 1, [2026] 2029.
229          [(29)] (28) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July
230     1, 2024.
231          [(30)] (29) Section 26-69-406 is repealed July 1, 2025.
232          [(31)] (30) Subsection 26B-1-204(2)(i), related to the Residential Child Care Licensing
233     Advisory Committee, is repealed July 1, 2024.
234          [(32)] (31) Subsection 26B-1-204(2)(k), related to the Primary Care Grant Committee,
235     is repealed July 1, 2025.
236          Section 6. Repealer.
237          This bill repeals:
238          Section 63M-13-101, Title.
239          Section 63M-13-102, Definitions.
240          Section 63M-13-201, Creation of the Governor's Early Childhood Commission.
241          Section 63M-13-202, Duties of the commission.
242          Section 63M-13-203, Annual report.