This document includes House Floor Amendments incorporated into the bill on Thu, Mar 2, 2023 at 5:40 PM by pflowers.
Senator Michael K. McKell proposes the following substitute bill:


1     
UPSTART PROGRAM AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael K. McKell

5     
House Sponsor: Mike Schultz

6     

7     LONG TITLE
8     General Description:
9          This bill amends and enacts provisions of the UPSTART program.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     moves the UPSTART program into the Economic Opportunity Act, under the
14     Governor's Office of Economic Opportunity (office);
15          ▸     amends procurement standards for a home-based technology program for the
16     UPSTART program;
17          ▸     requires the office to use procurement processes to contract with certain providers;
18          ▸     amends criteria for evaluating home-based technology program providers;
19          ▸     expands program participation to:
20               •     all Utah preschool children;
21               •     residential certificate preschool providers; and
22               •     the Head Start program;
23          ▸     amends standards and requirements for home-based educational technology
24     providers;
25          ▸     requires school boards to make the program accessible for schools that seek to
26     participate in the program;
27          ▸     provides for an existing contract between the State Board of Education and a
28     contractor to be transferred to the office;
29     Ĥ→ [     ▸     provides for existing program funds to be used for outreach to identify families to
30     participate in the program;] ←Ĥ
31          ▸     requires the Department of Workforce Services to provide data requested by the
32     office to assist in identifying families for the program;
33          ▸     requires the office to determine costs associated with the program, including:
34               •     implementing campaigns and referrals to solicit families to participate in the
35     program; and
36               •     technology costs;
37          ▸     amends audit reporting requirements; and
38          ▸     makes technical and conforming changes.
39     Money Appropriated in this Bill:
40          None
41     Other Special Clauses:
42          None
43     Utah Code Sections Affected:
44     AMENDS:
45          35A-15-202, as last amended by Laws of Utah 2022, Chapter 348
46          53E-1-201, as last amended by Laws of Utah 2022, Chapters 147, 229, 274, 285, 291,
47     354, and 461
48          53E-4-308, as last amended by Laws of Utah 2022, Chapter 461
49          63I-2-253, as last amended by Laws of Utah 2022, Chapters 208, 229, 274, 354, 370,
50     and 409
51     RENUMBERS AND AMENDS:
52          63N-20-101, (Renumbered from 53F-4-401, as last amended by Laws of Utah 2022,
53     Chapter 316)
54          63N-20-102, (Renumbered from 53F-4-402, as last amended by Laws of Utah 2019,
55     Chapters 186, 342)
56          63N-20-103, (Renumbered from 53F-4-403, as last amended by Laws of Utah 2019,
57     Chapter 342)
58          63N-20-104, (Renumbered from 53F-4-404, as last amended by Laws of Utah 2022,
59     Chapter 316)
60          63N-20-106, (Renumbered from 53F-4-406, as last amended by Laws of Utah 2022,
61     Chapter 316)
62          63N-20-107, (Renumbered from 53F-4-407, as last amended by Laws of Utah 2019,
63     Chapters 186, 324 and 342)
64     

65     Be it enacted by the Legislature of the state of Utah:
66          Section 1. Section 35A-15-202 is amended to read:
67          35A-15-202. Elements of a high quality school readiness program.
68          (1) A high quality school readiness program that an eligible LEA or eligible private
69     provider runs shall include:
70          (a) an evidence-based curriculum that is aligned with all of the developmental domains
71     and academic content areas defined in the Utah core standards for preschool that the State
72     Board of Education adopts, and that incorporates:
73          (i) intentional and differentiated instruction in whole group, small group, and
74     child-directed learning; and
75          (ii) intentional instruction in key areas of literacy and numeracy, as determined by the
76     State Board of Education, that:
77          (A) is teacher led or through a partnership with a contractor as defined in Section
78     [53F-4-401] 63N-20-101;
79          (B) includes specific [literary] literacy and numeracy skills, such as phonological
80     awareness; and
81          (C) includes provider monitoring and ongoing professional learning and coaching;
82          (b) ongoing, focused, and intensive professional development for staff of the school
83     readiness program;
84          (c) ongoing assessment of a student's educational growth and development that:
85          (i) is aligned to the Utah core standards for preschool that the State Board of Education
86     adopts; and
87          (ii) evaluates student progress to inform instruction;
88          (d) administration of the school readiness assessment to each student;
89          (e) for a preschool program that an eligible LEA runs, a class size that does not exceed
90     20 students, with one adult for every 10 students in the class;
91          (f) ongoing program evaluation and data collection to monitor program goal
92     achievement and implementation of required program components;
93          (g) family engagement, including ongoing communication between home and school,
94     and parent education opportunities based on each family's circumstances;
95          (h) only lead teachers who, by the lead teacher's second year, obtain at least:
96          (i) the minimum standard of a child development associate certification; or
97          (ii) an associate or bachelor's degree in an early childhood education related field; and
98          (i) a kindergarten transition plan.
99          (2) A high quality school readiness program that a home-based educational technology
100     provider runs shall[:] meet the requirements as described in Title 63N, Chapter 20, Part 1,
101     UPSTART.
102          [(a) be an evidence-based and age appropriate individualized interactive instruction
103     assessment and feedback technology program that teaches eligible students early learning skills
104     needed to be successful upon entry into kindergarten;]
105          [(b) require regular parental engagement with the student in the student's use of the
106     home-based educational technology program;]
107          [(c) be aligned with the Utah core standards for preschool that the State Board of
108     Education adopts;]
109          [(d) require the administration of a pre- and post-assessment of each student whose
110     parent or legal guardian consents to the assessment that, for a home-based technology program
111     that receives funding under this part, is designated by the board in accordance with Section
112     35A-15-402; and]
113          [(e) require technology providers to ensure successful implementation and utilization
114     of the technology program.]
115          Section 2. Section 53E-1-201 is amended to read:
116          53E-1-201. Reports to and action required of the Education Interim Committee.
117          (1) In accordance with applicable provisions and Section 68-3-14, the following
118     recurring reports are due to the Education Interim Committee:
119          (a) the report described in Section 9-22-109 by the STEM Action Center Board,
120     including the information described in Section 9-22-113 on the status of the computer science
121     initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
122          (b) the prioritized list of data research described in Section 53B-33-302 and the report
123     on research and activities described in Section 53B-33-304 by the Utah Data Research Center;
124          (c) the report described in Section 35A-15-303 by the State Board of Education on
125     preschool programs;
126          (d) the report described in Section 53B-1-402 by the Utah Board of Higher Education
127     on career and technical education issues and addressing workforce needs;
128          (e) the annual report of the Utah Board of Higher Education described in Section
129     53B-1-402;
130          (f) the reports described in Section 53B-28-401 by the Utah Board of Higher Education
131     regarding activities related to campus safety;
132          (g) the State Superintendent's Annual Report by the state board described in Section
133     53E-1-203;
134          (h) the annual report described in Section 53E-2-202 by the state board on the strategic
135     plan to improve student outcomes;
136          (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
137     the Deaf and the Blind;
138          (j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
139     Actionable, and Dynamic Education director on research and other activities;
140          (k) the report described in Section 53F-2-522 regarding mental health screening
141     programs;
142          (l) the report described in Section 53F-4-203 by the state board and the independent
143     evaluator on an evaluation of early interactive reading software;
144          (m) the report described in Section [53F-4-407] 63N-20-107 by [the state board] the
145     Governor's Office of Economic Opportunity on UPSTART;
146          (n) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
147     related to grants for professional learning and grants for an elementary teacher preparation
148     assessment;
149          (o) upon request, the report described in Section 53F-5-219 by the state board on the
150     Local Innovations Civics Education Pilot Program;
151          (p) the report described in Section 53F-5-405 by the State Board of Education
152     regarding an evaluation of a partnership that receives a grant to improve educational outcomes
153     for students who are low income;
154          (q) the report described in Section 53B-35-202 regarding the Higher Education and
155     Corrections Council;
156          (r) the report described in Section 53G-7-221 by the State Board of Education
157     regarding innovation plans; and
158          (s) the annual report described in Section 63A-2-502 by the Educational Interpretation
159     and Translation Service Procurement Advisory Council.
160          (2) In accordance with applicable provisions and Section 68-3-14, the following
161     occasional reports are due to the Education Interim Committee:
162          (a) the report described in Section 35A-15-303 by the School Readiness Board by
163     November 30, 2020, on benchmarks for certain preschool programs;
164          (b) the report described in Section 53B-28-402 by the Utah Board of Higher Education
165     on or before the Education Interim Committee's November 2021 meeting;
166          (c) if required, the report described in Section 53E-4-309 by the state board explaining
167     the reasons for changing the grade level specification for the administration of specific
168     assessments;
169          (d) if required, the report described in Section 53E-5-210 by the state board of an
170     adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
171          (e) in 2022 and in 2023, on or before November 30, the report described in Subsection
172     53E-10-309(7) related to the PRIME pilot program;
173          (f) the report described in Section 53E-10-702 by Utah Leading through Effective,
174     Actionable, and Dynamic Education;
175          (g) if required, the report described in Section 53F-2-513 by the state board evaluating
176     the effects of salary bonuses on the recruitment and retention of effective teachers in high
177     poverty schools;
178          (h) the report described in Section 53F-5-210 by the state board on the Educational
179     Improvement Opportunities Outside of the Regular School Day Grant Program;
180          (i) upon request, a report described in Section 53G-7-222 by an LEA regarding
181     expenditure of a percentage of state restricted funds to support an innovative education
182     program;
183          (j) the report described in Section 53G-7-503 by the state board regarding fees that
184     LEAs charge during the 2020-2021 school year;
185          (k) the reports described in Section 53G-11-304 by the state board regarding proposed
186     rules and results related to educator exit surveys; and
187          (l) the report described in Section 62A-15-117 by the Division of Substance Abuse and
188     Mental Health, the State Board of Education, and the Department of Health regarding
189     recommendations related to Medicaid reimbursement for school-based health services.
190          Section 3. Section 53E-4-308 is amended to read:
191          53E-4-308. Unique student identifier -- Coordination of higher education and
192     public education information technology systems -- Coordination of preschool and public
193     education information technology systems.
194          (1) As used in this section, "unique student identifier" means an alphanumeric code
195     assigned to each public education student for identification purposes, which:
196          (a) is not assigned to any former or current student; and
197          (b) does not incorporate personal information, including a birth date or Social Security
198     number.
199          (2) The state board, through the state superintendent, shall assign each public education
200     student a unique student identifier, which shall be used to track individual student performance
201     on achievement tests administered under this part.
202          (3) The state board and the Utah Board of Higher Education, in collaboration with the
203     Utah Data Research Center created in Section 53B-33-201, shall:
204          (a) coordinate public education and higher education information technology systems
205     to allow individual student academic achievement to be tracked through both education
206     systems in accordance with this section and Section 53B-1-109; and
207          (b) coordinate access to the unique student identifier of a public education student who
208     later attends an institution within the state system of higher education.
209          (4) (a) The state board and the Department of Workforce Services shall coordinate
210     assignment of a unique student identifier to each student enrolled in a program described in
211     Title 35A, Chapter 15, Preschool Programs.
212          (b) A unique student identifier assigned to a student under Subsection (4)(a) shall
213     remain the student's unique student identifier used by the state board when the student enrolls
214     in a public school in kindergarten or a later grade.
215          (c) The Governor's Office of Economic Opportunity, the state board, the Department of
216     Workforce Services, and a contractor as defined in Section [53F-4-401] 63N-20-101, shall
217     coordinate access to the unique student identifier of a preschool student who later attends an
218     LEA.
219          Section 4. Section 63I-2-253 is amended to read:
220          63I-2-253. Repeal dates: Titles 53 through 53G.
221          [(1) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
222     technical college board of trustees, is repealed July 1, 2022.]
223          [(b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
224     General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
225     necessary changes to subsection numbering and cross references.]
226          [(2)] (1) Section 53B-6-105.7 is repealed July 1, 2024.
227          [(3)] (2) Section 53B-7-707 regarding performance metrics for technical colleges is
228     repealed July 1, 2023.
229          [(4)] (3) Section 53B-8-114 is repealed July 1, 2024.
230          [(5)] (4) The following provisions, regarding the Regents' scholarship program, are
231     repealed on July 1, 2023:
232          (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
233     established under Sections 53B-8-202 through 53B-8-205";
234          (b) Section 53B-8-202;
235          (c) Section 53B-8-203;
236          (d) Section 53B-8-204; and
237          (e) Section 53B-8-205.
238          [(6)] (5) Section 53B-10-101 is repealed on July 1, 2027.
239          [(7)] (6) Title 53B, Chapter 18, Part 14, Uintah Basin Air Quality Research Project, is
240     repealed July 1, 2023.
241          [(8)] (7) Subsection 53E-1-201(1)(s) regarding the report by the Educational
242     Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
243          [(9)] (8) Section 53E-1-202.2, regarding a Public Education Appropriations
244     Subcommittee evaluation and recommendations, is repealed January 1, 2024.
245          [(10)] (9) Subsection 53E-10-309(7), related to the PRIME pilot program, is repealed
246     July 1, 2024.
247          [(11)] (10) In Subsections 53F-2-205(4) and (5), regarding the State Board of
248     Education's duties if contributions from the minimum basic tax rate are overestimated or
249     underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
250     2023.
251          [(12)] (11) Section 53F-2-209, regarding local education agency budgetary flexibility,
252     is repealed July 1, 2024.
253          [(13)] (12) Subsection 53F-2-301(1), relating to the years the section is not in effect, is
254     repealed July 1, 2023.
255          [(14)] (13) Section 53F-2-302.1, regarding the Enrollment Growth Contingency
256     Program, is repealed July 1, 2023.
257          [(15)] (14) Subsection 53F-2-314(4), relating to a one-time expenditure between the
258     at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
259          [(16)] (15) Section 53F-2-524, regarding teacher bonuses for extra work assignments,
260     is repealed July 1, 2024.
261          [(17)] (16) In Subsection 53F-2-515(1), the language that states "or 53F-2-301.5, as
262     applicable" is repealed July 1, 2023.
263          [(18) Subsection 53F-4-401(3)(b), regarding a child enrolled or eligible for enrollment
264     in kindergarten, is repealed July 1, 2022.]
265          [(19) In Subsection 53F-4-404(4)(c), the language that states "Except as provided in
266     Subsection (4)(d)" is repealed July 1, 2022.]
267          [(20) Subsection 53F-4-404(4)(d) is repealed July 1, 2022.]
268          [(21)] (17) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
269     applicable" is repealed July 1, 2023.
270          [(22)] (18) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
271     applicable" is repealed July 1, 2023.
272          [(23)] (19) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
273     applicable" is repealed July 1, 2023.
274          [(24)] (20) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5,
275     as applicable" is repealed July 1, 2023.
276          [(25)] (21) On July 1, 2023, when making changes in this section, the Office of
277     Legislative Research and General Counsel shall, in addition to the office's authority under
278     Subsection 36-12-12(3), make corrections necessary to ensure that sections and subsections
279     identified in this section are complete sentences and accurately reflect the office's perception of
280     the Legislature's intent.
281          Section 5. Section 63N-20-101, which is renumbered from Section 53F-4-401 is
282     renumbered and amended to read:
283          [53F-4-401].      63N-20-101. Definitions.
284          As used in this part:
285          (1) "Contractor" means the educational technology provider [selected by the state
286     board] that the Governor's Office of Economic Opportunity selects under Section [53F-4-402]
287     63N-20-102.
288          (2) "Office" means the Governor's Office of Economic Opportunity created in Section
289     63N-1a-301.
290          [(2) "Intergenerational poverty" means the same as that term is defined in Section
291     35A-9-102.]
292          (3) "Preschool child" means a child who is:
293          (a) four or five years old; and
294          (b) not eligible for enrollment under Subsection 53G-4-402(6).
295          (4) (a) "Private preschool provider" means a child care program that:
296          (i) (A) is licensed under Title 26, Chapter 39, Utah Child Care Licensing Act[;] or,
297          [(B)] except as provided in Subsection [(4)(b)(ii),] (4)(b), is exempt from licensure
298     under Section 26-39-403; and
299          [(ii)] (B) meets other criteria as established by the [state board] office, consistent with
300     Utah Constitution, Article X, Section 1[.]; or
301          (ii) is a residential certificate provider described in Section 26-39-402.
302          (b) "Private preschool provider" does not include[:]
303          [(i) a residential certificate provider described in Section 26-39-402; or]
304          [(ii)] a program exempt from licensure under Subsection 26-39-403(2)(c).
305          (5) "Public preschool" means a preschool program that is provided by a school district
306     [or], a charter school[.], or the Head Start program.
307          (6) "State board" means the State Board of Education.
308          [(6) "Qualifying participant" means a preschool child who:]
309          [(a) resides within the boundaries of a qualifying school as determined under Section
310     53G-6-302; or]
311          [(b) is enrolled in a qualifying preschool.]
312          [(7) "Qualifying preschool" means a public preschool or private preschool provider
313     that:]
314          [(a) serves preschool children covered by child care subsidies funded by the Child Care
315     and Development Block Grant Program authorized under 42 U.S.C. Secs. 9857-9858r;]
316          [(b) participates in a federally assisted meal program that provides funds to licensed
317     child care centers as authorized under Section 53E-3-501; or]
318          [(c) is located within the boundaries of a qualifying school.]
319          [(8) "Qualifying school" means a school district elementary school that:]
320          [(a) has at least 50% of students who were eligible to receive free or reduced lunch the
321     previous school year;]
322          [(b) is a school with a high percentage, as determined by the Department of Workforce
323     Services through rule and based on the previous school year enrollments, of students
324     experiencing intergenerational poverty; or]
325          [(c) is located in one of the following school districts:]
326          [(i) Beaver School District;]
327          [(ii) Carbon School District;]
328          [(iii) Daggett School District;]
329          [(iv) Duchesne School District;]
330          [(v) Emery School District;]
331          [(vi) Garfield School District;]
332          [(vii) Grand School District;]
333          [(viii) Iron School District;]
334          [(ix) Juab School District;]
335          [(x) Kane School District;]
336          [(xi) Millard School District;]
337          [(xii) Morgan School District;]
338          [(xiii) North Sanpete School District;]
339          [(xiv) North Summit School District;]
340          [(xv) Piute School District;]
341          [(xvi) Rich School District;]
342          [(xvii) San Juan School District;]
343          [(xviii) Sevier School District;]
344          [(xix) South Sanpete School District;]
345          [(xx) South Summit School District;]
346          [(xxi) Tintic School District;]
347          [(xxii) Uintah School District; or]
348          [(xxiii) Wayne School District.]
349          [(9)] (7) "UPSTART" means the [project established by] statewide program created in
350     Section [53F-4-402] 63N-20-102 that uses a home-based educational technology program and
351     parent engagement to develop school readiness skills of preschool children.
352          Section 6. Section 63N-20-102, which is renumbered from Section 53F-4-402 is
353     renumbered and amended to read:
354          [53F-4-402].      63N-20-102. UPSTART program to develop school readiness
355     skills of preschool children.
356          (1) UPSTART, a [project] statewide program that uses a home-based educational
357     technology program and parent engagement to develop school readiness skills of preschool
358     children, is established within the public education system.
359          (2) UPSTART is created to:
360          (a) provide preschool children across the state access to a home-based educational
361     technology program with strong parental involvement;
362          [(a) evaluate the effectiveness of giving preschool children access, at home, to
363     interactive individualized instruction delivered by computers and the Internet to prepare them
364     academically for success in school; and]
365          [(b) test the feasibility of scaling a home-based curriculum in reading, math, and
366     science delivered by computers and the Internet to all preschool children in Utah.]
367          (b) develop the school readiness of preschool children across the state; and
368          (c) deliver curriculum in reading, math, and science to preschool children across the
369     state.
370          (3) (a) The [state board] office shall contract with an educational technology provider,
371     [selected through a request for proposals process,] in accordance with Title 63G, Chapter 6a,
372     Utah Procurement Code, for the delivery of a home-based educational technology program for
373     preschool children that meets the requirements of Subsection (4).
374          (b) The office shall assume the rights and duties of the state board in any contract into
375     which the state board entered with a contractor that exists on May 3, 2023:
376          (i) to ensure continuity of the UPSTART program; and
377          (ii) until the office secures a contract with a contractor in accordance with Subsection
378     (a).
379          [(b)] (c) Every five years, the [state board] office may issue a new [request for
380     proposals] competitive procurement to meet the requirements described in this section.
381          (4) [A] The office shall ensure that a home-based educational technology program for
382     preschool children [shall meet] meets the following standards:
383          (a) the contractor shall have:
384          (i) at least three years of experience in implementing a home-based educational
385     technology program for preschool children; and
386          (ii) a randomized controlled trial and other external evaluations that support the
387     efficacy of the home-based educational technology program for preschool children;
388          (b) the contractor shall provide [computer-assisted] individualized software instruction
389     for preschool children [on a home computer connected by the Internet to a centralized file
390     storage facility] in the home;
391          [(b)] (c) the contractor shall:
392          (i) provide technical support to families for the installation and operation of the
393     instructional software; and
394          (ii) provide for the installation of a computer, a tablet, or other electronic or peripheral
395     equipment, and Internet access [in homes of qualifying participants described in Subsection
396     53F-4-404(3)(d);]:
397          (A) in homes of participants who are eligible to receive free or reduced lunch; and
398          (B) for participating private preschool providers, including residential certificate
399     providers, based upon need;
400          [(c)] (d) the contractor shall have the capability of doing the following through the
401     Internet:
402          (i) communicating with parents;
403          (ii) updating the instructional software;
404          (iii) validating user access;
405          (iv) collecting usage data;
406          (v) storing research data; and
407          (vi) producing reports for parents, schools, and the Legislature;
408          [(d)] (e) the program shall include the following components:
409          (i) [computer-assisted,] individualized software instruction in reading, mathematics,
410     and science[;] that:
411          (A) aligns with the Utah core standards for preschool that the state board adopts;
412          (B) aligns with Head Start Early Learning Outcomes Framework implemented in
413     accordance with the Head Start Act, 42 U.S.C. Sec. 9801 et seq.;
414          (C) the Council of Administrators of Special Education endorses; and
415          (D) meets the United States Department of Education benchmarks for evidence-based
416     programs;
417          (ii) a multisensory reading tutoring program; and
418          (iii) a validated [computer] adaptive reading test that does not require the presence of
419     trained adults to administer and is an accurate indicator of reading readiness of children who
420     cannot read;
421          [(e)] (f) the contractor shall have the capability to quickly and efficiently modify,
422     improve, and support the product; and
423          [(f)] (g) the contractor shall work in cooperation with public preschool or private
424     preschool provider personnel who will provide administrative and technical support of the
425     program as provided in Section [53F-4-403] 63N-20-103;
426          (h) the contractor shall implement the program throughout the state in both urban and
427     rural areas as provided in Section 63N-20-104;
428          [(g) the contractor shall solicit families to participate in the program as provided in
429     Section 53F-4-404; and]
430          [(h)] (i) in implementing the home-based educational technology program, the
431     contractor shall seek the advice and expertise [of] from early childhood education professionals
432     [within] and stakeholders, including the Utah System of Higher Education, the state board,
433     public and private preschool providers, local school board members, teachers, and parents on
434     issues such as:
435          (i) soliciting families to participate in the program as provided in Section 63N-20-104;
436          (ii) providing training to families; and
437          (iii) motivating families to regularly use the instructional software.
438          (5) The contract shall provide funding for a home-based educational technology
439     program for preschool children, subject to the appropriation of money by the Legislature for
440     UPSTART.
441          (6) The [state board] office shall evaluate a proposal based [on] only upon the
442     following criteria:
443          (a) whether the home-based educational technology program meets the standards
444     specified in Subsection (4)[;] and Section 63N-20-104;
445          (b) audit and evaluation results under Section 63N-20-106, if:
446          (i) the office has previously awarded a contract to the home-based educational
447     technology program provider under this part; or
448          (ii) the state board has previously awarded a contract to the home-based educational
449     technology program provider for UPSTART;
450          [(b)] (c) the results of an independent evaluation of the home-based educational
451     technology program;
452          [(c) the experience of the home-based educational technology program provider; and]
453          (d) the per pupil cost of the home-based educational technology program[.];
454          (e) any of the following specifically related to a criterion described in Subsections
455     (6)(a) through (d):
456          (i) the experience of the home-based educational technology provider;
457          (ii) the demonstrated abilities of the home-based educational technology provider;
458          (iii) the general functionality of the home-based educational technology provider;
459          (iv) the implementation of the home-based educational technology provider; and
460          (v) the applicant's interview; and
461          (7) In evaluating a competitive procurement under Subsection (6), the office may not
462     subdivide a standard or criteria described in Subsection (4) or (6), including an item related to
463     cost, to require information not required under this chapter.
464          Section 7. Section 63N-20-103, which is renumbered from Section 53F-4-403 is
465     renumbered and amended to read:
466          [53F-4-403].      63N-20-103. School district participation in UPSTART.
467          (1) A school district [may participate in UPSTART if the local school board agrees, or
468     a] shall ensure that UPSTART is available to all schools within the school district.
469          (2) A public or a private preschool provider may participate in UPSTART if the public
470     or private preschool provider agrees[,] to work in cooperation with the contractor to provide
471     administrative and technical support for UPSTART.
472          [(2) A contractor may require a local school board or private preschool provider
473     participating in UPSTART to enter into an agreement with the contractor to:]
474          (3) Each local school board or public or private provider participating in UPSTART
475     may enter into an agreement with a contractor to:
476          (a) dictate targets for program usage and terms for failure to meet those targets;
477          (b) determine data sharing terms; and
478          (c) agree to other reasonable terms required for successful implementation.
479          Section 8. Section 63N-20-104, which is renumbered from Section 53F-4-404 is
480     renumbered and amended to read:
481          [53F-4-404].      63N-20-104. Family participation in UPSTART -- Priority
482     enrollment.
483          (1) The contractor shall[:], in partnership with the office,
484          [(a)] solicit families to participate in UPSTART through a public information
485     campaign, outreach programs, and referrals from [participating] local school districts[; and],
486     Ĥ→ [the Department of Workforce Services] ←Ĥ , and participating preschool providers.
487          [(b) work with the Department of Workforce Services and the state board to solicit
488     participation from families of qualifying participants to participate in UPSTART.]
489          (2) For purposes of Subsection (1), Ĥ→ [upon request from the office] to the extent
489a     allowed by federal and state privacy laws ←Ĥ , the Department of
490     Workforce Services shall Ĥ→ : ←Ĥ Ĥ→ [provide the office with necessary data to]
490a     (a) ←Ĥ identify preschool children
491     and families across the state who may benefit from UPSTART Ĥ→ ; and
491a     (b) provide information regarding UPSTART participation to the identified families ←Ĥ .
492          [(2) Preschool children who participate in UPSTART shall:]
493          [(a) be from families with diverse socioeconomic and ethnic backgrounds;]
494          [(b) reside in different regions of the state in both urban and rural areas; and]
495          [(c) be given preference to participate if the preschool children are qualifying
496     participants.]
497          (3) (a) In a contract entered into with an educational technology provider as described
498     in Section [53F-4-402] 63N-20-102, the [state board] office shall require the provider to
499     prioritize enrollment of [qualified] participants based on a first come, first served basis.
500          [(b) The state board shall provide a list of qualifying schools and qualifying preschools
501     and other applicable information to the contractor for verification of qualifying participants.]
502          [(c)] (b) The contractor shall annually provide participant information to the [state
503     board] office as part of the verification process.
504          [(d)] (c) A [qualifying] participant may obtain a computer [and], a tablet, or other
505     electronic or peripheral equipment on loan and receive free Internet service for the duration of
506     the [qualified] participant's participation in UPSTART if the [qualifying] participant:
507          (i) is eligible to receive free or reduced lunch; and
508          (ii) the [qualifying] participant participates in UPSTART at home.
509          (4) In a contract with an educational technology provider as described in Section
510     63N-20-102, the office shall determine the cost of UPSTART based on the following:
511          (a) a defined recruitment plan to solicit families to participate in UPSTART, including
512     through a public information campaign and referrals that prioritize participants who:
513          (i) are eligible for child care subsidies under the Child Care and Development Block
514     Grant program, 42 U.S.C. Secs. 9857-9858r;
515          (ii) are eligible for a federally assisted meal program that provides funds to licensed
516     child care centers as authorized under Section 53E-3-501; or
517          (iii) meet other criteria based on state need as the office establishes;
518          (b) adaptive software;
519          (c) parent engagement and resources;
520          (d) validated assessment;
521          (e) educational technology, including a computer, a tablet, or other electronic or
522     peripheral equipment, and Internet for eligible participants; and
523          (f) reporting for stakeholders, including parents, schools, and the Legislature.
524          [(4) (a) The contractor shall make the home-based educational technology program
525     available to families at a cost agreed upon by the state board and the contractor if the number of
526     families who would like to participate in UPSTART exceeds the number of participants funded
527     by the legislative appropriation.]
528          [(b) The state board and the contractor shall annually post on their websites
529     information on purchasing a home-based educational technology program as provided in
530     Subsection (4)(a).]
531          [(c)] (5) A preschool child may only participate in UPSTART through legislative
532     funding once.
533          Section 9. Section 63N-20-106, which is renumbered from Section 53F-4-406 is
534     renumbered and amended to read:
535          [53F-4-406].      63N-20-106. Audit and evaluation.
536          (1) The state auditor shall every three years:
537          (a) conduct an audit of the contractor's use of funds for UPSTART; or
538          (b) contract with an independent certified public accountant to conduct an audit.
539          (2) The [state board] office shall:
540          (a) require [by contract that] the contractor [will] to open [its] the contractor's books
541     and records relating to [its] the contractor's expenditure of funds [pursuant to the contract] to
542     the state auditor or the state auditor's designee;
543          (b) reimburse the state auditor for the actual and necessary costs of the audit; and
544          (c) contract with an independent, qualified evaluator, selected through a request for
545     proposals process, to evaluate the home-based educational technology program [for preschool
546     children].
547          (3) The evaluator described in Subsection (2)(c) shall use, among other indicators,
548     assessment scores from an assessment described in Section 53G-7-203 to evaluate whether the
549     contractor has effectively prepared preschool children for academic success as described in
550     Section [53F-4-402] 63N-20-102.
551          (4) Of the money appropriated by the Legislature for UPSTART, [excluding funds
552     used to provide computers, peripheral equipment, and Internet service to families,] no more
553     than 7.5% of the appropriation not to exceed $600,000 may be used for the evaluation and
554     administration of the program.
555          Section 10. Section 63N-20-107, which is renumbered from Section 53F-4-407 is
556     renumbered and amended to read:
557          [53F-4-407].      63N-20-107. Annual report.
558          (1) The [state board] office shall make a report on UPSTART in accordance with
559     Section 53E-1-201.
560          (2) The report shall:
561          (a) address the extent to which UPSTART is accomplishing the program's purposes
562     [for which it was established as specified] as described in Section [53F-4-402] 63N-20-102;
563     and
564          (b) include the following information:
565          (i) the number of families:
566          [(A) volunteering to participate in the program;]
567          [(B) selected to participate in the program;]
568          [(C) requesting computers; and]
569          [(D) furnished computers;]
570          (A) participating in the program;
571          (B) who receive computers, tablets, or other electronic or peripheral equipment, and
572     Internet service; and
573          (ii) the number of private preschool providers and public preschool providers
574     participating in the program;
575          (iii) the frequency of use of the instructional software;
576          (iv) obstacles encountered with software usage, hardware, or providing technical
577     assistance to families;
578          (v) student performance on entry and exit kindergarten assessments conducted by
579     school districts and charter schools for students who participated in the home-based
580     educational technology program and those who did not participate in the program; and
581          (vi) as available, the evaluation of the program conducted pursuant to Section
582     [53F-4-406] 63N-20-106.