1     
READING SOFTWARE AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ann Millner

5     
House Sponsor: Susan Pulsipher

6     

7     LONG TITLE
8     General Description:
9          This bill clarifies that an existing requirement for demonstrating a certain statistical
10     effect does not apply to reading software and converts a grant program into an
11     enrollment-based distribution.
12     Highlighted Provisions:
13          This bill:
14          ▸     clarifies that an existing requirement for demonstrating a certain statistical effect
15     does not apply to reading software;
16          ▸     amends a grant program for reading software to an enrollment-based distribution;
17          ▸     repeals an obsolete survey requirement; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides a special effective date.
23     Utah Code Sections Affected:
24     AMENDS:
25          53E-4-307, as last amended by Laws of Utah 2022, Chapter 285
26          53F-4-203, as last amended by Laws of Utah 2020, Chapter 324
27          53G-11-303, as last amended by Laws of Utah 2022, Chapter 285
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 53E-4-307 is amended to read:
31          53E-4-307. Benchmark assessments in reading -- Report to parent.
32          (1) As used in this section:
33          (a) "Competency" means a demonstrable acquisition of a specified knowledge, skill, or
34     ability that has been organized into a hierarchical arrangement leading to higher levels of
35     knowledge, skill, or ability.
36          (b) "Diagnostic assessment" means an assessment that measures key literacy skills,
37     including phonemic awareness, sound-symbol recognition, alphabet knowledge, decoding and
38     encoding skills, and comprehension, to determine a student's specific strengths and weaknesses
39     in a skill area.
40          (c) "Evidence-based" means the same as that term is defined in Section 53G-11-303.
41          (d) "Evidence-informed" means the same as that term is defined in Section
42     53G-11-303.
43          (2) The state board shall approve a benchmark assessment for use statewide by school
44     districts and charter schools to assess the reading competency of students in grades 1 through 6
45     as provided by this section.
46          (3) A school district or charter school shall:
47          (a) administer benchmark assessments to students in grades 1, 2, and 3 at the
48     beginning, middle, and end of the school year using the benchmark assessment approved by the
49     state board; and
50          (b) after administering a benchmark assessment, report the results to a student's parent.
51          (4) (a) If a benchmark assessment or supplemental reading assessment indicates a
52     student lacks competency in a reading skill, or is lagging behind other students in the student's
53     grade in acquiring a reading skill, the school district or charter school shall:
54          [(a)] (i) administer diagnostic assessments to the student;
55          [(b)] (ii) using data from the diagnostic assessment, provide specific, focused, and
56     individualized intervention or tutoring to develop the reading skill;
57          [(c)] (iii) administer formative assessments and progress monitoring at recommended
58     levels for the benchmark assessment to measure the success of the focused intervention;
59          [(d)] (iv) inform the student's parent of activities that the parent may engage in with the
60     student to assist the student in improving reading proficiency;
61          [(e)] (v) provide information to the parent regarding appropriate interventions available
62     to the student outside of the regular school day that may include tutoring, before and after
63     school programs, or summer school; and
64          [(f)] (vi) provide instructional materials that are evidence-informed for core instruction
65     and evidence-based for intervention and supplemental instruction.
66          (b) Nothing in this section or in Section 53F-4-203 or 53G-11-303 requires a reading
67     software product to demonstrate the statistically significant effect size described in Subsection
68     53G-11-303(1)(a) in order to be used as an instructional material described in Subsection
69     (4)(a)(vi).
70          (5) (a) In accordance with Section 53F-4-201 and except as provided in Subsection
71     (5)(b), the state board shall contract with one or more educational technology providers for a
72     benchmark assessment system for reading for students in kindergarten through grade 6.
73          (b) If revenue is insufficient for the benchmark assessment system for the grades
74     described in Subsection (5)(a), the state board shall first prioritize funding a benchmark
75     assessment for students in kindergarten through grade 3.
76          Section 2. Section 53F-4-203 is amended to read:
77          53F-4-203. Early interactive reading software -- Independent evaluator.
78          (1) [(a)] Subject to legislative appropriations, the state board shall [select and contract
79     with one or more technology providers, through a request for proposals process, to provide
80     early interactive reading software for literacy instruction and assessments] distribute funds to
81     public schools based on enrollment for students in kindergarten through grade 3 to purchase
82     personalized interactive reading software.
83          [(b) By August 1 of each year, the state board shall distribute licenses for early
84     interactive reading software described in Subsection (1)(a) to the school districts and charter
85     schools of LEA governing boards that apply for the licenses.]
86          [(c) Except as provided in state board rule, a school district or charter school that
87     received a license described in Subsection (1)(b) during the prior year shall be given first
88     priority to receive an equivalent license during the current year.]
89          [(d) Licenses distributed to school districts and charter schools in addition to the
90     licenses described in Subsection (1)(c) shall be distributed through a competitive process.]
91          (2) A public school that receives [a license] funds described in Subsection [(1)(b)] (1)
92     shall use the [license] funds for a student in kindergarten or grade 1, 2, or 3:
93          (a) for intervention for the student if the student is reading below grade level; or
94          (b) for advancement beyond grade level for the student if the student is reading at or
95     above grade level.
96          (3) (a) On or before August 1 of each year, the state board shall select and contract with
97     an independent evaluator, through a request for proposals process, to act as an independent
98     contractor to evaluate early interactive reading software provided under this section.
99          (b) The state board shall ensure that a contract with an independent evaluator requires
100     the independent evaluator to:
101          (i) evaluate a student's learning gains as a result of using early interactive reading
102     software provided under Subsection (1);
103          (ii) for the evaluation under Subsection (3)(b)(i), use an assessment that is not
104     developed by a provider of early interactive reading software; and
105          (iii) determine the extent to which a public school uses the early interactive reading
106     software.
107          (c) The state board and the independent evaluator selected under Subsection (3)(a)
108     shall submit a report on the results of the evaluation in accordance with Section 53E-1-201.
109          (4) [The state board] An LEA may acquire an analytical software program that:
110          (a) monitors, for an individual school, early intervention interactive reading software
111     use and the associated impact on student performance; and
112          (b) analyzes the information gathered under Subsection (4)(a) to prescribe individual
113     school usage time to maximize the beneficial impact on student performance.
114          (5) The state board:
115          (a) may use up to 4% of the appropriation provided under Subsection [(1)(a)] (1):
116          [(a)] (i) to contract with an independent evaluator selected under Subsection (3)(a); and
117          [(b)] (ii) for administrative costs associated with this section[.]; and
118          (b) shall distribute at least 96% of funds under this section to LEAs in accordance with
119     Subsection (1).
120          (6) Nothing in this section or in Section 53E-4-307 or 53G-11-303 requires a reading
121     software product to demonstrate the statistically significant effect size described in Subsection
122     53G-11-303(1)(a) in order to be used as an instructional material.
123          Section 3. Section 53G-11-303 is amended to read:
124          53G-11-303. Professional learning standards.
125          (1) As used in this section:
126          (a) "Evidence-based" means that a strategy, not including reading software,
127     demonstrates a statistically significant effect, of at least a 0.40 effect size, on improving student
128     outcomes based on:
129          (i) strong evidence from at least one well-designed and well-implemented experimental
130     study, as the state board further defines; or
131          (ii) moderate evidence from at least one well-designed and well-implemented
132     quasi-experimental study, as the state board further defines.
133          (b) "Evidence-informed" means that a strategy:
134          (i) is developed using high-quality research outside of a controlled setting in the given
135     field, as the state board further defines; and
136          (ii) includes strategies and activities with a strong scientific basis for use, as the state
137     board further defines.
138          (c) "Professional learning" means a comprehensive, sustained, and evidence-based
139     approach to improving teachers' and principals' effectiveness in raising student achievement.
140          (2) A school district or charter school shall implement high quality professional
141     learning that meets the following standards:
142          (a) professional learning occurs within learning communities committed to continuous
143     improvement, individual and collective responsibility, and goal alignment;
144          (b) professional learning requires skillful leaders who develop capacity, advocate, and
145     create support systems, for professional learning;
146          (c) professional learning requires prioritizing, monitoring, and coordinating resources
147     for educator learning;
148          (d) professional learning uses a variety of sources and types of student, educator, and
149     system data to plan, assess, and evaluate professional learning;
150          (e) professional learning integrates theories, research, and models of human learning to
151     achieve its intended outcomes;
152          (f) professional learning applies research on change and sustains support for
153     implementation of professional learning for long-term change;
154          (g) professional learning aligns its outcomes with:
155          (i) performance standards for teachers and school administrators as described in rules
156     of the state board; and
157          (ii) performance standards for students as described in the core standards for Utah
158     public schools adopted by the state board pursuant to Section 53E-4-202;
159          (h) professional learning:
160          (i) incorporates the use of technology in the design, implementation, and evaluation of
161     high quality professional learning practices; and
162          (ii) includes targeted professional learning on the use of technology devices to enhance
163     the teaching and learning environment and the integration of technology in content delivery;
164     and
165          (i) professional learning uses evidence-informed core materials and evidence-based
166     instructional practices and intervention materials.
167          (3) School districts and charter schools shall use money appropriated by the Legislature
168     for professional learning or federal grant money awarded for professional learning to
169     implement professional learning that meets the standards specified in Subsection (2).
170          (4) The state board, ULEAD, as that term is defined in Section 53E-10-701, and the
171     Center for the School of the Future, established in Section 53B-18-801, shall jointly, in
172     collaboration with an independent university-based research center, develop and maintain a
173     repository of evidence-based practice and evidence-informed intervention materials to support
174     school districts and charter schools in meeting the standards described in Subsection (2).
175          [(5) (a) In the fall of 2014, the state board, through the state superintendent, and in
176     collaboration with an independent consultant acquired through a competitive bid process, shall
177     conduct a statewide survey of school districts and charter schools to:]
178          [(i) determine the current state of professional learning for educators as aligned with
179     the standards specified in Subsection (2);]
180          [(ii) determine the effectiveness of current professional learning practices; and]
181          [(iii) identify resources to implement professional learning as described in Subsection
182     (2).]
183          [(b) The state board shall select a consultant from bidders who have demonstrated
184     successful experience in conducting a statewide analysis of professional learning.]
185          [(c) (i) Annually in the fall, beginning in 2015 through 2020, the state board, through
186     the state superintendent, in conjunction with school districts and charter schools, shall gather
187     and use data to determine the impact of professional learning efforts and resources.]
188          [(ii) Data used to determine the impact of professional learning efforts and resources
189     under Subsection (5)(c)(i) shall include:]
190          [(A) student achievement data;]
191          [(B) educator evaluation data; and]
192          [(C) survey data.]
193          Section 4. Effective date.
194          (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
195     elected to each house, this bill takes effect upon approval by the governor, or the day following
196     the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
197     signature, or in the case of a veto, the date of veto override.
198          (2) Section 53F-4-203 takes effect on July 1, 2023.