1     
FULL-DAY KINDERGARTEN AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Robert M. Spendlove

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill makes full-day kindergarten available for all local education agencies with an
10     option for half-day kindergarten.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends provisions related to scholarship amounts tied to the length of a
14     kindergarten class;
15          ▸     amends funding formulas related to kindergarten to reflect a full-day length of a
16     kindergarten class;
17          ▸     requires local education agency governing boards to provide an optional half-day
18     kindergarten class upon request;
19          ▸     amends provisions regarding a requirement for a kindergarten assessment;
20          ▸     repeals an optional expanded kindergarten program; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          53E-7-402, as last amended by Laws of Utah 2022, Chapter 262
29          53F-2-302, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 9
30          53F-2-302.1, as last amended by Laws of Utah 2022, Chapter 1
31          53G-7-203, as last amended by Laws of Utah 2022, Chapter 316
32     REPEALS:
33          53F-2-507, as last amended by Laws of Utah 2022, Chapter 316
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 53E-7-402 is amended to read:
37          53E-7-402. Special Needs Opportunity Scholarship Program.
38          (1) There is established the Special Needs Opportunity Scholarship Program under
39     which a parent may apply to a scholarship granting organization on behalf of the parent's
40     student for a scholarship to help cover the cost of a scholarship expense.
41          (2) (a) A scholarship granting organization shall:
42          (i) award, in accordance with this part, scholarships to eligible students; and
43          (ii) determine the amount of a scholarship in accordance with Subsection (3).
44          (b) In awarding scholarships, a scholarship granting organization shall give priority to
45     an eligible student described in Subsection 53E-7-401(1)(a) by:
46          (i) establishing an August 10 deadline for an eligible student described in Subsection
47     53E-7-401(1)(b) to apply for a scholarship; and
48          (ii) awarding a scholarship to an eligible student described in Subsection
49     53E-7-401(1)(b) only if funds exist after awarding scholarships to all eligible students
50     described in Subsection 53E-7-401(1)(a) who have applied and qualify.
51          (c) Subject to available funds, a scholarship awarded to an eligible student described in
52     Subsection 53E-7-401(1)(b) shall be for a similar term as a scholarship awarded to the eligible
53     student's sibling.
54          (3) A scholarship granting organization shall determine a full-year scholarship award to
55     pay for the cost of one or more scholarship expenses in an amount not more than:
56          (a) for an eligible student described in Subsection 53E-7-401(1)(a) who is[:]
57          [(i)] in grades 1 through 12 with an IEP and whose family income is:
58          [(A)] (i) at or below 185% of the federal poverty level, the value of the weighted pupil
59     unit multiplied by 2.5;
60          [(B)] (ii) between 185% and 555% of the federal poverty level, the value of the
61     weighted pupil unit multiplied by two; or
62          [(C)] (iii) above 555% of the federal poverty level, the value of the weighted pupil unit
63     multiplied by 1.5;
64          (b) for a fiscal year before July 1, 2023, for an eligible student who is:
65          [(ii)] (i) in grades 1 through 12 and who does not have an IEP, the value of the
66     weighted pupil unit;
67          [(iii)] (ii) in kindergarten with an IEP, the value of the weighted pupil unit; or
68          [(iv)] (iii) in kindergarten and who does not have an IEP, half the value of the weighted
69     pupil unit; [or]
70          [(b)] (c) for a fiscal year beginning on or after July 1, 2023, for an eligible student in
71     kindergarten or grades 1 through 12, the value of the weighted pupil unit; or
72          (d) for an eligible student described in Subsection 53E-7-401(1)(b), half the value of
73     the weighted pupil unit.
74          (4) Eligibility for a scholarship as determined by a multidisciplinary evaluation team
75     under this program does not establish eligibility for an IEP under the Individuals with
76     Disabilities Education Act, Subchapter II, 20 U.S.C. Secs. 1400 to 1419, and is not binding on
77     any LEA that is required to provide an IEP under the Individuals with Disabilities Education
78     Act.
79          (5) The scholarship granting organizations shall prepare and disseminate information
80     on the program to a parent applying for a scholarship on behalf of a student.
81          Section 2. Section 53F-2-302 is amended to read:
82          53F-2-302. Determination of weighted pupil units.
83          (1) The number of weighted pupil units in the Minimum School Program for each year
84     is the total of the units for each school district and, subject to Subsection [(4)] (5), charter
85     school, determined [as follows:] in accordance with this section.
86          [(1)] (2) The number of weighted pupil units is computed by adding the average daily
87     membership of all pupils of the school district or charter school attending schools, other than
88     [kindergarten and] self-contained classes for children with a disability.
89          [(2)] (3) (a) Except as provided in Subsection (3)(b), for a fiscal year beginning on or
90     after July 1, 2023, the number of weighted pupil units for kindergarten students shall be
91     computed by adding the average daily membership of all pupils of the school district or charter
92     school enrolled in kindergarten.
93          (b) The number of weighted pupil units is computed by [adding] multiplying the
94     average daily membership [of all pupils of the school district or charter school enrolled in
95     kindergarten and multiplying the total] for the number of students who are enrolled in
96     kindergarten for less than the equivalent length of the schedule for grades 1 through 3, based on
97     the October 1 data described in Section 53F-2-302, by .55.
98          [(a) In those school districts or charter schools that do not hold kindergarten for a full
99     nine-month term, the local school board or charter school governing board may approve a
100     shorter term of nine weeks' duration.]
101          [(b) Upon LEA governing board approval, the number of pupils in average daily
102     membership at the short-term kindergarten shall be counted for the purpose of determining the
103     number of units allowed in the same ratio as the number of days the short-term kindergarten is
104     held, not exceeding nine weeks, compared to the total number of days schools are held in that
105     school district or charter school in the regular school year.]
106          [(3)] (4) (a) The state board shall use prior year plus growth to determine average daily
107     membership in distributing money under the Minimum School Program where the distribution
108     is based on kindergarten through grade 12 ADMs or weighted pupil units.
109          (b) Under prior year plus growth, kindergarten through grade 12 average daily
110     membership for the current year is based on the actual kindergarten through grade 12 average
111     daily membership for the previous year plus an estimated percentage growth factor.
112          (c) The growth factor is the percentage increase in total average daily membership on
113     the first school day of October in the current year as compared to the total average daily
114     membership on the first school day of October of the previous year.
115          [(4)] (5) In distributing funds to charter schools under this section, charter school
116     pupils shall be weighted, where applicable, as follows:
117          [(a) .55 for kindergarten pupils;]
118          [(b)] (a) except as provided in Subsection (3)(b), .9 for pupils in [grades 1]
119     kindergarten through grade 6;
120          [(c)] (b) .99 for pupils in grades 7 through 8; and
121          [(d)] (c) 1.2 for pupils in grades 9 through 12.
122          [(5) Notwithstanding Subsection (3)(c):]
123          [(a) for the 2020-2021 school year the state board may use a count of average daily
124     membership on any day or days of the current school year in 2020 to calculate a growth factor
125     for the 2020-2021 school year; and]
126          [(b) when calculating the growth factor as described in Subsection (5)(a), the state
127     board shall comply with all applicable federal requirements.]
128          Section 3. Section 53F-2-302.1 is amended to read:
129          53F-2-302.1. Enrollment Growth Contingency Program.
130          (1) As used in this section:
131          (a) "Program funds" means money appropriated under the Enrollment Growth
132     Contingency Program.
133          (b) "Student enrollment count" means the enrollment count on the first school day of
134     October, as described in Subsection [53F-2-302(3)] 53F-2-302(4).
135          (2) There is created the Enrollment Growth Contingency Program to mitigate funding
136     impacts on an LEA resulting from student enrollment irregularities during fiscal years 2021,
137     2022, and 2023.
138          (3) Subject to legislative appropriations, the state board, in consultation with the Office
139     of the Legislative Fiscal Analyst and the Governor's Office of Planning and Budget, shall use
140     program funds to:
141          (a) for fiscal years 2021, 2022, and 2023 and for an LEA that has declining enrollment,
142     pay costs associated with Subsection [53F-2-302(3)] 53F-2-302(4) to hold LEA funding
143     distributions at the prior year's average daily membership;
144          (b) for fiscal year 2022, fund ongoing impacts of student enrollment changes in the
145     2021-2022 academic year, including:
146          (i) assigning additional weighted pupil units to an LEA experiencing a net growth in
147     weighted pupil units over the fiscal year 2022 base allocations associated with student
148     enrollment increases following the student enrollment count; and
149          (ii) at the request of an LEA that experienced a significant decline in student
150     enrollment during the 2020-2021 academic year, pre-fund significantly higher anticipated
151     student enrollment growth before the student enrollment count; and
152          (c) for fiscal years 2022 and 2023, with any remaining weighted pupil units, pay other
153     weighted pupil unit related costs in accordance with Section 53F-2-205.
154          (4) If the state board pre-funds anticipated student enrollment growth under Subsection
155     (3)(b)(ii), the state board shall:
156          (a) verify the LEA's enrollment after the student enrollment count; and
157          (b) balance funds as necessary based on the actual increase in student enrollment.
158          Section 4. Section 53G-7-203 is amended to read:
159          53G-7-203. Kindergartens -- Establishment -- Funding -- Assessment.
160          (1) Kindergartens are an integral part of the state's public education system.
161          (2) (a) Each [local school] LEA governing board shall provide kindergarten classes
162     free of charge for kindergarten children residing within the district or attending the charter
163     school.
164          (b) Each LEA governing board shall provide a half-day kindergarten option for a
165     student if the student's parent requests a half-day option.
166          [(b)] (c) Nothing in this Subsection (2):
167          (i) allows an LEA governing board to require a student to participate in a full-day
168     kindergarten program;
169          (ii) modifies the non-compulsory status of kindergarten under Title 53G, Chapter 6,
170     Part 2, Compulsory Education; or
171          (iii) requires a student who only attends a half day of kindergarten to participate in dual
172     enrollment under Section 53G-6-702.
173          (3) Kindergartens established under Subsection (2) shall receive state money under
174     Title 53F, Public Education System -- Funding.
175          (4) (a) The state board shall:
176          (i) develop and collect data from a kindergarten [entry and exit assessments]
177     assessment that the board selects by rule; and
178          (ii) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
179     Rulemaking Act, regarding the administration of and reporting regarding the [assessments]
180     assessment described in Subsection (4)(a)(i).
181          (b) An LEA shall:
182          (i) administer the [entry and exit assessments] assessment described in Subsection
183     (4)(a) to each kindergarten student; and
184          (ii) report to the state board the results of the [entry and exit assessments] assessment
185     described in Subsection (4)(b)(i) in relation to each kindergarten student in the LEA.
186          (5) Beginning with the 2022-2023 school year, the state board shall require LEAs to
187     report average daily membership for all kindergarten students who attend kindergarten on a
188     schedule that is equivalent in length to the schedule for grades 1 through 3 with the October 1
189     data described in Section 53F-2-302.
190          Section 5. Repealer.
191          This bill repeals:
192          Section 53F-2-507, Enhanced kindergarten early intervention program.