This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 15, 2024 at 9:40 AM by lpoole.
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Feb 20, 2024 at 4:49 PM by lpoole.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 21, 2024 at 2:59 PM by lpoole.
1     
SCHOOL READINESS AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ann Millner

5     
House Sponsor: Katy Hall

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of preschool programs.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     repeals the School Readiness Board;
14          ▸     creates a school readiness team comprised of staff from the Department of
15     Workforce Services' Office of Child Care and staff from the state board to fulfill
16     certain duties regarding the school readiness grant programs;
17          ▸     renames school readiness grant programs;
18          ▸     prioritizes grant funding between grant programs;
19          ▸     requires grant recipients to coordinate with UPSTART providers; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides a special effective date.
25     Utah Code Sections Affected:
26     AMENDS:
27          35A-15-102, as last amended by Laws of Utah 2023, Chapters 252, 328
28          35A-15-202, as last amended by Laws of Utah 2023, Chapter 380
29          35A-15-203, as renumbered and amended by Laws of Utah 2019, Chapter 342
30          35A-15-301, as renumbered and amended by Laws of Utah 2019, Chapter 342 and last
31     amended by Coordination Clause, Laws of Utah 2019, Chapter 342
32          35A-15-302, as last amended by Laws of Utah 2019, Chapter 186 and renumbered and
33     amended by Laws of Utah 2019, Chapter 342 and last amended by Coordination
34     Clause, Laws of Utah 2019, Chapter 342
35          35A-15-303, as enacted by Laws of Utah 2019, Chapter 342 and last amended by
36     Coordination Clause, Laws of Utah 2019, Chapter 342
37          35A-15-401, as renumbered and amended by Laws of Utah 2019, Chapter 342 and last
38     amended by Coordination Clause, Laws of Utah 2019, Chapter 342
39          35A-15-402, as last amended by Laws of Utah 2019, Chapter 186 and renumbered and
40     amended by Laws of Utah 2019, Chapter 342 and last amended by Coordination
41     Clause, Laws of Utah 2019, Chapter 342
42          53E-1-201, as last amended by Laws of Utah 2023, Chapters 1, 328 and 380
43          53E-4-314, as last amended by Laws of Utah 2022, Chapter 316
44          63I-2-253 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 7,
45     21, 33, 142, 167, 168, 380, 383, and 467
46          63I-2-253 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 7, 21,
47     33, 142, 167, 168, 310, 380, 383, and 467
48     REPEALS:
49          35A-15-201, as last amended by Laws of Utah 2022, Chapter 461
50     

51     Be it enacted by the Legislature of the state of Utah:
52          Section 1. Section 35A-15-102 is amended to read:
53          35A-15-102. Definitions.
54          As used in this chapter:
55          [(1) "Board" means the School Readiness Board, created in Section 35A-15-201.]
56          [(2)] (1) "Department" means the Department of Workforce Services.
57          (2) "Economically disadvantaged" means to be eligible to receive free or reduced price
58     lunch.
59          [(3) "Eligible home-based educational technology provider" means a provider that
60     offers a home-based educational technology program to develop the school readiness skills of
61     an eligible student.]
62          [(4)] (3) (a) "Eligible LEA" means an LEA that [has a data system capacity to collect]
63     collects longitudinal academic outcome data, including special education use by student, by
64     identifying each student with a statewide unique student identifier.
65          (b) "Eligible LEA" includes a program exempt from licensure under Subsection
66     26B-2-405(2)(e).
67          [(5)] (4) (a) "Eligible private provider" means a child care program that:
68          (i) is licensed under Title 26B, Chapter 2, Part 4, Child Care Licensing; or
69          (ii) except as provided in Subsection [(5)(b)(ii)] (4)(b)(ii), is exempt from licensure
70     under Section 26B-2-405.
71          (b) "Eligible private provider" does not include:
72          (i) residential child care, as defined in Section 26B-2-401; or
73          (ii) a program exempt from licensure under Subsection 26B-2-405(2)(e).
74          [(6)] (5) "Eligible student" means a student:
75          (a) (i) who is [age] three, four, or five years old; and
76          (ii) is not eligible for enrollment under Subsection 53G-4-402(8); and
77          (b) (i) [(A)] who is economically disadvantaged; Ŝ→ [and] ←Ŝ
78          [(B)] (ii) whose parent or legal guardian reports that the student has experienced at
79     least one risk factor Ŝ→ [[;].] ; ←Ŝ
80          Ŝ→ [[(ii) is an English learner; or]] (iii) is an English learner; or ←Ŝ
81          Ŝ→ [[(iii) is in foster care.]] (iv) has ever been in foster care. ←Ŝ
82          [(7)] (6) "Evaluation" means an evaluation conducted in accordance with Section
83     35A-15-303.
84          [(8)] (7) "High quality school readiness program" means a preschool program that:
85          (a) is provided by an eligible LEA[,] or eligible private provider[, or eligible
86     home-based educational technology provider]; and
87          (b) meets the elements of a high quality school readiness program described in Section
88     35A-15-202.
89          [(9)] (8) "Investor" means a person that enters into a results-based contract to provide
90     funding to a high quality school readiness program on the condition that the person will receive
91     payment in accordance with Section 35A-15-402 if the high quality school readiness program
92     meets the performance outcome measures included in the results-based contract.
93          [(10) "Kindergarten assessment" means the kindergarten entry assessment described in
94     Section 53G-7-203.]
95          [(11)] (9) "Kindergarten transition plan" means a plan that supports the smooth
96     transition of a preschool student to kindergarten and includes communication and alignment
97     among the preschool, program, parents, and K-12 personnel.
98          [(12)] (10) "Local Education Agency" or "LEA" means a school district or charter
99     school.
100          [(13)] (11) "Performance outcome measure" means:
101          (a) indicators, as determined by the [board] department, on the school readiness
102     assessment [and the kindergarten assessment]; or
103          (b) for a results-based contract, the indicators included in the contract.
104          [(14)] (12) "Results-based contract" means a contract that:
105          (a) is entered into in accordance with Section 35A-15-402;
106          (b) includes a performance outcome measure; and
107          (c) is between the [board] department, a provider of a high quality school readiness
108     program, and an investor.
109          [(15)] (13) "Risk factor" means:
110          (a) having a mother who was 18 years old or younger when the child was born;
111          (b) a member of a child's household is incarcerated;
112          (c) living in a neighborhood with high violence or crime;
113          (d) having one or both parents with a low reading ability;
114          (e) moving at least once in the past year;
115          Ŝ→ [(f) having ever been in foster care;
116          (g)] (f) ←Ŝ living with multiple families in the same household;
117          Ŝ→ [(h)] (g) ←Ŝ having exposure in a child's home to:
118          (i) physical abuse or domestic violence;
119          (ii) substance abuse;
120          (iii) the death or chronic illness of a parent or sibling; or
121          (iv) mental illness; Ŝ→ or ←Ŝ
122          Ŝ→ [(i) the primary language spoken in a child's home is a language other than English; or
123          (j)] (h) ←Ŝ having at least one parent who has not completed high school.
124          [(16)] (14) "School readiness assessment" means the same as that term is defined in
125     Section 53E-4-314.
126          (15) "School readiness team" means a team comprised of staff from:
127          (a) the Department of Workforce Services' Office of Child Care that support preschool
128     and early care programs; and
129          (b) the state board that oversees preschool programs.
130          [(17)] (16) "State board" means the State Board of Education.
131          (17) "Tool" means the tool developed in accordance with Section 35A-15-303.
132          Section 2. Section 35A-15-202 is amended to read:
133     
Part 2. School Readiness Program

134          35A-15-202. Elements of a high quality school readiness program.
135          [(1)] A high quality school readiness program that an eligible LEA or eligible private
136     provider runs shall include:
137          [(a)] (1) an evidence-based curriculum that is aligned with all of the developmental
138     domains and academic content areas defined in the Utah core standards for preschool that the
139     [State Board of Education] state board adopts, and that incorporates:
140          [(i)] (a) intentional and differentiated instruction in whole group, small group, and
141     child-directed learning; and
142          [(ii)] (b) intentional instruction in key areas of literacy and numeracy, as determined by
143     the [State Board of Education] state board, that:
144          [(A)] (i) is teacher led or through a partnership with a contractor as defined in Section
145     63N-20-101;
146          [(B)] (ii) includes specific literacy and numeracy skills, such as phonological
147     awareness; and
148          [(C)] (iii) includes provider monitoring and ongoing professional learning and
149     coaching;
150          [(b)] (2) ongoing, focused, and intensive professional [development] learning for staff
151     of the school readiness program;
152          [(c)] (3) ongoing assessment of a student's educational growth and development that:
153          [(i)] (a) is aligned to the Utah core standards for preschool that the [State Board of
154     Education] state board adopts; and
155          [(ii)] (b) evaluates student progress to inform instruction;
156          [(d)] (4) administration of the school readiness assessment to each student;
157          [(e)] (5) [for a preschool program that an eligible LEA runs,] a class size that does not
158     exceed 20 students, with one adult for every 10 students in the class;
159          [(f)] (6) ongoing program evaluation and data collection to monitor program goal
160     achievement and implementation of required program components;
161          [(g)] (7) family engagement, including ongoing communication between home and
162     school, and parent education opportunities based on each family's circumstances;
163          [(h)] (8) only lead teachers who, by the lead teacher's second year, obtain at least:
164          [(i)] (a) the minimum standard of a child development associate certification; or
165          [(ii)] (b) an associate or bachelor's degree in an early childhood education related field;
166     and
167          [(i)] (9) a kindergarten transition plan.
168          [(2) A high quality school readiness program that a home-based educational technology
169     provider runs shall meet the requirements as described in Title 63N, Chapter 20, UPSTART.]
170          Section 3. Section 35A-15-203 is amended to read:
171          35A-15-203. School Readiness Restricted Account -- Creation -- Funding --
172     Distribution of funds.
173          (1) There is created in the General Fund a restricted account known as the "School
174     Readiness Restricted [Account".] Account."
175          (2) The School Readiness Restricted Account consists of:
176          (a) money appropriated by the Legislature;
177          (b) all income and interest derived from the deposit and investment of money in the
178     account;
179          (c) federal grants; and
180          (d) private donations.
181          (3) Subject to legislative appropriations, money in the restricted account may be used:
182          (a) to award a grant under Section 35A-15-301 or 35A-15-302;
183          (b) to contract with an evaluator;
184          (c) to fund the participation of eligible students in a high quality school readiness
185     program through a results-based contract; and
186          (d) for administration costs and to monitor the programs described in this part.
187          (4) Money for awards under Subsection (3)(a) shall be allocated in the following order
188     to:
189          (a) pay results-based contracts;
190          (b) grant awards under Section 35A-15-302; and
191          (c) if any allocated funds remain, grant awards under Section 53A-15-301.
192          Section 4. Section 35A-15-301 is amended to read:
193          35A-15-301. Becoming Quality School Readiness Grant Program.
194          (1) The [High] Becoming Quality School Readiness Grant Program is created to
195     provide grants to the following, in order to assist an existing preschool [or home-based
196     educational technology program] in becoming a high quality school readiness program:
197          (a) an eligible private provider; or
198          (b) an eligible LEA[; or].
199          [(c) an eligible home-based educational technology provider.]
200          (2) [The board, in cooperation with the department and the State Board of Education,]
201     The department, in consultation with the school readiness team, shall solicit proposals from
202     eligible LEAs[,] and eligible private providers[, and eligible home-based educational
203     technology providers].
204          (3) Subject to legislative appropriations, [and the prioritization described in Section
205     35A-15-201, the board] the department, in consultation with the school readiness team, shall
206     award grants to [respondents] applicants based on:
207          (a) [a respondent's] an applicant's capacity to effectively implement the components
208     described in Section 35A-15-202;
209          (b) the percentage of [a respondent's students who are] eligible students; and
210          (c) the level of administrative support and leadership at [a respondent's] an applicant's
211     program to effectively implement, monitor, and evaluate the program.
212          (4) To receive a grant under this section, [a respondent] an applicant shall submit a
213     proposal to the [board] department detailing:
214          (a) the [respondent's] applicant's strategy to implement the high quality components
215     described in Section 35A-15-202;
216          (b) the number of proposed students [the respondent plans to serve], categorized by age
217     and whether the students are eligible students;
218          (c) for an eligible LEA or eligible private provider, the number of high quality school
219     readiness program classrooms the [respondent] applicant plans to operate; and
220          (d) the estimated cost per student.
221          (5) (a) A grant recipient [of a grant under this section] shall use the grant to move the
222     recipient's preschool program toward achieving the components described in Section
223     35A-15-202.
224          (b) A grant recipient [of a grant under this section] may not:
225          (i) enter into a results-based contract while the recipient receives the grant; or
226          (ii) receive grant funds under Section 35A-15-302.
227          (6) A grant recipient [of a grant under this section] shall ensure that each student who
228     is enrolled in a classroom [or who uses a home-based educational technology program]
229     supported by the grant has a unique student identifier by:
230          (a) if the recipient is an eligible LEA, assigning a unique student identifier to each
231     student enrolled in the classroom; or
232          (b) if the recipient is an eligible private provider [or eligible home-based educational
233     technology provider,] working with the [State Board of Education] state board to assign a
234     unique student identifier to each student enrolled in the classroom [or who uses the
235     home-based educational technology program].
236          [(7) A grant recipient that is an eligible LEA shall report annually to the board and the
237     State Board of Education the following:]
238          [(a) number of students served by the preschool, including the number of students who
239     are eligible students;]
240          [(b) attendance;]
241          [(c) cost per student; and]
242          [(d) assessment results, including the school readiness assessment, kindergarten
243     assessment, and other assessments as determined by the board.]
244          [(8) A grant recipient that is an eligible private provider or an eligible home-based
245     educational technology provider shall report annually to the board and the department the
246     following:]
247          [(a) number of students served by the preschool or program, including the number of
248     students who are eligible students;]
249          [(b) attendance;]
250          [(c) cost per student; and]
251          [(d) assessment results, including the school readiness assessment and other
252     assessments as determined by the board.]
253          [(9)] (7) A grant recipient shall work in cooperation with the UPSTART contractor in
254     accordance with Section 63N-20-103 and develop data sharing agreements that include:
255          (a) program information;
256          (b) referrals; and
257          (c) shared student performance outcomes.
258          (8) The [board] department, in consultation with the school readiness team, shall make
259     rules to effectively administer and monitor the grant program described in this section,
260     including:
261          (a) requiring grant recipients to use assessments, including the school readiness
262     assessment, as determined by the [board] school readiness team; and
263          (b) establishing reporting requirements for grant recipients.
264          (9) Subject to funding availability, a grant recipient may receive a grant under this
265     section for no longer than three years.
266          Section 5. Section 35A-15-302 is amended to read:
267          35A-15-302. High Quality School Readiness Grant Program -- Determination of
268     high quality school readiness program .
269          (1) [There is created the Student Access to] The High Quality School Readiness
270     [Programs] Grant Program is created to expand access to high quality school readiness
271     programs for eligible students through grants administered by the [board] department for
272     eligible LEAs and [eligible] private providers.
273          (2) The [board, in cooperation with the department and the State Board of Education]
274     department, in consultation with the school readiness team, shall solicit proposals from eligible
275     LEAs and eligible private providers [to fund increases in the number of eligible students high
276     quality school readiness programs can serve].
277          (3) (a) [Except as provided in Subsection (3)(c), a respondent] An applicant shall
278     submit a proposal that includes the information described in Subsection (3)(b) to the [board]
279     department.
280          (b) [A respondent's] An applicant's proposal for the grant solicitation described in
281     Subsection (2) shall include:
282          (i) the [respondent's] applicant's existing and proposed school readiness program,
283     including:
284          (A) the number of students served by the [respondent's] applicant's school readiness
285     program;
286          [(B) the respondent's policies and procedures for admitting students into the school
287     readiness program;]
288          [(C)] (B) the estimated cost per student; and
289          [(D)] (C) any fees [the respondent charges to] a parent or legal guardian pays for the
290     school readiness program;
291          [(ii) the respondent's plan to use funding sources, in addition to a grant described in
292     this section, including:]
293          [(A) federal funding; or]
294          [(B) private grants or donations;]
295          [(iii) existing or planned partnerships between the respondent and an LEA, eligible
296     private provider, or eligible home-based technology provider to increase access to high quality
297     school readiness programs for eligible students;]
298          [(iv)] (ii) how the [respondent] applicant would use a grant to:
299          (A) expand the number of eligible students served by the [respondent's] applicant's
300     school readiness program; and
301          (B) target the funding toward the highest risk students;
302          [(v)] (iii) the results of any evaluations of the [respondent's] applicant's school
303     readiness program; and
304          [(vi)] (iv) a demonstration that the respondent's existing school readiness program
305     meets performance outcome measures.
306          [(c) In addition to the requirements described in Subsection (3)(b), a respondent that is
307     an eligible LEA shall describe in the respondent's proposal the percentage of the respondent's
308     kindergarten through grade 12 students who are economically disadvantaged.]
309          (4) For each proposal received in response to the solicitation described in Subsection
310     (2), the [board] school readiness team shall determine if the [respondent] applicant school
311     readiness program is a high quality school readiness program by:
312          (a) applying the [tool] tools; [and]
313          (b) reviewing performance outcome measures[.]; and
314          (c) implementing the elements of a high quality school readiness program.
315          (5) (a) Subject to legislative appropriations and Subsection [(9)] (8), the [board]
316     department, in consultation with the school readiness team, shall award a grant to [a
317     respondent] an applicant.
318          (b) The [board] department may only award a grant to [a respondent] an applicant if:
319          (i) the [respondent] applicant submits a proposal that includes the information required
320     under Subsection (3); and
321          (ii) the [board] school readiness team determines that the [respondent's] applicant's
322     program is a high quality school readiness program in accordance with Subsection (4).
323          (c) (i) A grant recipient [of a grant] may use funds received under this section to
324     supplement an existing program but not supplant other funding.
325          (ii) An eligible LEA or an eligible private provider may not receive funding under this
326     section if the eligible LEA or eligible private provider receives funding under Section
327     35A-15-301 or 35A-15-401.
328          (6) In evaluating a proposal received in response to the solicitation described in
329     Subsection (2), the [board] school readiness team shall consider:
330          (a) the number and percent of students in the [respondent's] applicant's high quality
331     school readiness program that are eligible students at the highest risk;
332          (b) geographic diversity, including whether the [respondent] applicant is urban or rural;
333     and
334          [(c) the extent to which the respondent intends to participate in a partnership with an
335     LEA, eligible private provider, or eligible home-based technology provider; and]
336          [(d)] (c) the [respondent's] applicant's level of administrative support and leadership to
337     effectively implement, monitor, and evaluate the program.
338          [(7) A respondent that receives a grant under this section shall:]
339          [(a) use the grant to expand access for eligible students to high quality school readiness
340     programs by enrolling eligible students in a high quality school readiness program;]
341          [(b) report to the board annually regarding:]
342          [(i) how the respondent used the grant awarded under Subsection (5);]
343          [(ii) participation in any partnerships between an LEA, eligible private provider, or
344     eligible home-based technology provider; and]
345          [(iii) the results of any evaluations;]
346          [(c) allow classroom or other visits for an evaluation; and]
347          [(d) for a respondent that is an eligible LEA, notify a parent or legal guardian who
348     expresses interest in enrolling the parent or legal guardian's child in the LEA's high quality
349     school readiness program of each state-funded high quality school readiness program operating
350     within the eligible LEA's geographic boundaries.]
351          (7) A grant recipient shall work in cooperation with the UPSTART contractor in
352     accordance with Section 63N-20-103 and develop data sharing agreements that include:
353          (a) program information;
354          (b) referrals; and
355          (c) shared student performance outcomes.
356          [(8) (a) The board shall establish interventions for a grantee that fails to comply with
357     the requirements described in this section or meet the benchmarks described in Subsection
358     (8)(c).]
359          [(b) An intervention under this Subsection (8) may include discontinuing or reducing
360     funding.]
361          [(c) (i) The board shall adopt benchmarks for success on the performance outcome
362     measures for a grant recipient under this section.]
363          [(ii) If a grant recipient fails to meet the board's benchmarks for success on the
364     performance outcome measures, the grant recipient may not receive additional funding under
365     this section.]
366          [(9)] (8) Subject to legislative appropriations, the [board] department shall give [first]
367     priority in awarding grants to [a respondent] an applicant that has previously received a grant
368     under this section if the [respondent] applicant:
369          (a) makes the annual report described in [Subsection (7)(b)] Section 35A-15-303;
370          (b) participates in the evaluation; and
371          (c) continues to offer a high quality school readiness program [as determined during an
372     annual site visit by:]
373          [(i) the State Board of Education, for an eligible LEA; or]
374          [(ii) the department, for an eligible private provider].
375          [(10)] (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
376     Act, the [board] department, in consultation with the school readiness team, shall make rules
377     to:
378          (a) implement the [tool] observation tools; and
379          (b) administer the grant program.
380          Section 6. Section 35A-15-303 is amended to read:
381          35A-15-303. Evaluation -- Tools -- Reporting.
382          (1) The [State Board of Education] school readiness team shall[, in consultation with
383     the board,] conduct the ongoing review and evaluation each school year of:
384          (a) a grant recipient under Section 35A-15-301; and
385          (b) a grant recipient under Section 35A-15-302.
386          (2) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the [State
387     Board of Education] state board may enter into a contract with an evaluator to assist with the
388     evaluation process.
389          (b) An evaluation described in Subsection (1) shall include:
390          (i) outcomes of onsite observations utilizing the [tool] tools developed under
391     Subsection (4) at a frequency and number of classrooms visits established by the [board]
392     department, in consultation with the school readiness team;
393          (ii) performance on the performance outcome measures; [and]
394          (iii) whether any of the programs improved kindergarten readiness through funding
395     provided under Section 35A-15-301 or 35A-15-302[.]; and
396          (iv) student demographic data.
397          (3) The [board] school readiness team shall determine whether there is a correlation
398     between the [tool] tools and the performance outcome measure.
399          (4) (a) [The board, in coordination with the department and the State Board of
400     Education] The school readiness team shall:
401          [(a) shall:]
402          (i) develop [a tool] tools to determine whether a school readiness program is a high
403     quality school readiness program; [and]
404          (ii) establish how Ŝ→ [the board will] to ←Ŝ apply the [tool] tools to make a determination
405     described in [Subsection (4)(a)] this Subsection (4); [and]
406          (iii) establish how the school readiness team will assess performance outcome
407     measures; and
408          (iv) adopt benchmarks for success on the performance outcome measures for a grant
409     recipient under this section.
410          (b) The department, in consultation with the school readiness team, may adopt rules in
411     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for purposes of
412     this Subsection (4).
413          (5) (a) A grant recipient that receives a grant award under Section 35A-15-302 shall
414     annually submit to the school readiness team:
415          (i) the number of students served by the preschool, including:
416          (A) the number of students who are eligible students; and
417          (B) the student's demographic area;
418          (ii) student attendance;
419          (iii) the cost per student; and
420          (iv) assessment results, including the school readiness assessment, and other
421     assessments as determined by the school readiness team.
422          (b) The assessment results under Subsection (5)(a)(iv) shall include:
423          (i) student data assessment data and growth scores; and
424          (ii) the observation tool score.
425          (c) If a student growth or observation score is below the benchmark for success
426     established by the school readiness team, the grant recipient shall:
427          (i) Ŝ→ [in year one] after the first year of not meeting the established benchmark ←Ŝ :
428          (A) develop an action plan informed by a data analysis to inform focus improvement
429     efforts; and
430          (B) submit a mid-year report on the progress of improvement efforts to the school
431     readiness team; Ŝ→ and ←Ŝ
432          (ii) Ŝ→ [in year two] after the second year of not meeting the established benchmark
432a     ←Ŝ :
433          (A) develop an action plan informed by a data analysis to inform focus improvement
434     efforts; and
435          (B) submit a monthly report on the progress of improvement efforts to the school
436     readiness team Ŝ→ [; and] . ←Ŝ
437          Ŝ→ [(d) If a student growth or observation score is below the benchmark for success
438     established by the school readiness team after year two, the school readiness team shall assign a
439     coach to:
440          (i) meet each month with the grant recipient; and
441          (ii) provide the grant recipient with feedback and observations for focused
442     improvement.
443          (e) If a student growth or observation score does not reach or exceed the benchmark for
444     success established by the school readiness team after three consecutive years, the grant
445     recipient shall no longer be eligible for grant funding.]
445a     (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
445b     department, in consultation with the school readiness team, may adopt rules to establish
445c     eligibility criteria and grant funding priority for a grant recipient who, after three consecutive
445d     years, fails to meet the benchmark for success described in Subsection (5)(c). ←Ŝ
446          [(5) (a) The State Board of Education shall annually prepare a report for the Education
447     Interim Committee in accordance with Section 53E-1-201.]
448          [(b) The report described in Subsection (5)(a) shall include a summary of an evaluation
449     and the efficacy of:]
450          [(i) the grant program described in Section 35A-15-301; and]
451          [(ii) the grant program described in Section 35A-15-302, including whether any
452     recipients failed to meet benchmarks for success on performance outcome measures as
453     described in Subsection 35A-15-302(8)(c).]
454          [(6) The board shall report to the Education Interim Committee by November 30, 2020,
455     on benchmarks adopted by the board under Section 35A-15-302.]
456          Section 7. Section 35A-15-401 is amended to read:
457          35A-15-401. Requirements for a school readiness program to receive funding
458     through a results-based contract.
459          (1) As used in this section:
460          (a) "Participating program operator" means an eligible LEA, [an eligible] a private
461     provider, or [an eligible] a home-based educational technology provider[,] that is a party to a
462     results-based contract.
463          (b) "Program" means a school readiness program funded through a results-based
464     contract.
465          (2) (a) Subject to the requirements of this part, an eligible LEA, an eligible private
466     provider, or an eligible home-based educational technology provider that operates a high
467     quality school readiness program may enter into and receive funding through a results-based
468     contract.
469          (b) An eligible LEA, an eligible private provider, or an eligible home-based
470     educational technology provider may not enter into a results-based contract while receiving a
471     grant under Part 3, Grants for High Quality School Readiness Programs.
472          (3) A participating program operator shall ensure that each student who is enrolled in a
473     classroom, or who uses a home-based educational technology, that is part of a participating
474     program operator's program has a unique student identifier by:
475          (a) if the participating program operator is an eligible LEA, assigning a unique student
476     identifier to each student enrolled in the classroom; or
477          (b) if the participating program operator is an eligible private provider or eligible
478     home-based technology provider, working with the [State Board of Education] state board to
479     assign a unique student identifier to each student enrolled in the classroom or who uses the
480     home-based educational technology.
481          (4) A participating program operator may not use funds received through a
482     results-based contract to supplant funds for an existing high quality school readiness program,
483     but may use the funds to supplement an existing high quality school readiness program.
484          (5) (a) If not prohibited by the Elementary and Secondary Education Act of 1965, 20
485     U.S.C. Secs. 6301-6576, a participating program operator may charge a sliding scale fee, based
486     on household income, to a student enrolled in the participating program operator's program.
487          (b) A participating program operator may use grants, scholarships, or other money to
488     help fund the program.
489          (6) (a) A participating program operator that is an eligible LEA may contract with an
490     eligible private provider to provide a high quality school readiness program to a portion of the
491     eligible LEA's eligible students if:
492          (i) the results-based contract specifies the number of students to be served by the
493     eligible private provider; and
494          (ii) the eligible private provider meets the requirements described in this section for a
495     participating program operator.
496          (b) An eligible LEA that contracts with an eligible private provider shall provide
497     supportive services to the eligible private provider, which may include:
498          (i) professional [development] learning;
499          (ii) staffing or staff support;
500          (iii) materials; or
501          (iv) assessments.
502          Section 8. Section 35A-15-402 is amended to read:
503          35A-15-402. Results-based contracts -- Assessment.
504          (1) The [board] department may enter into a results-based contract to fund participation
505     of eligible students in a high quality school readiness program in accordance with this part.
506          (2) (a) The [board] department shall include an investor as a party to a results-based
507     contract.
508          (b) The [board] department may provide for a repayment to an investor to include a
509     return of investment and an additional return on investment, dependent on achievement of the
510     performance outcome measures set in the results-based contract.
511          (c) The additional return on investment described in Subsection (2)(b) may not exceed
512     5% above the current Municipal Market Data General Obligation Bond AAA scale for a 10
513     year maturity at the time of the issuance of the results-based contract.
514          (d) Funding obtained for an early education program through a results-based contract
515     that includes an investor is not a procurement item under Section 63G-6a-103.
516          (e) A results-based contract that includes an investor shall include:
517          (i) a requirement that the repayment to the investor be conditioned on achieving the
518     performance outcome measures set in the results-based contract;
519          (ii) a requirement for an independent evaluator to determine whether the performance
520     outcome measures have been achieved;
521          (iii) a provision that repayment to the investor is:
522          (A) based upon available money in the School Readiness Restricted Account described
523     in Section 35A-15-203; and
524          (B) subject to legislative appropriations; and
525          (iv) a provision that the investor is not eligible to receive or view personally
526     identifiable student data of students funded through the results-based contract.
527          (f) The [board] department may not issue a results-based contract if the total
528     outstanding obligations of results-based contracts that include an investor as a party to the
529     contract would exceed $15,000,000 at any one time.
530          (3) The [board] department shall require an independent evaluation to determine if a
531     school readiness program meets the performance outcome measures included in a results-based
532     contract.
533          (4) If the [board] department enters into a results-based contract, in accordance with
534     Title 63G, Chapter 6a, Utah Procurement Code, the Ŝ→ [board] department ←Ŝ shall select an
534a     independent evaluator
535     with experience in evaluating school readiness programs.
536          (5) (a) At the end of each year of a results-based contract after a student funded through
537     a results-based contract completes kindergarten, the independent evaluator shall determine
538     whether the performance outcome measures set in the results-based contract have been met.
539          (b) The [board] department may not pay an investor unless the evaluation described in
540     Subsection (5)(a) determines that the performance outcome measures in the results-based
541     contract have been met.
542          (6) (a) The [board] department shall ensure that a parent or guardian of an eligible
543     student participating in a program funded through a results-based contract has given permission
544     and signed an acknowledgment that the student's data may be shared for research and
545     evaluation purposes, subject to federal law.
546          (b) The [board] department shall maintain documentation of parental permission
547     required in Subsection (6)(a).
548          Section 9. Section 53E-1-201 is amended to read:
549          53E-1-201. Reports to and action required of the Education Interim Committee.
550          (1) In accordance with applicable provisions and Section 68-3-14, the following
551     recurring reports are due to the Education Interim Committee:
552          (a) the report described in Section 9-22-109 by the STEM Action Center Board,
553     including the information described in Section 9-22-113 on the status of the computer science
554     initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
555          (b) the prioritized list of data research described in Section 53B-33-302 and the report
556     on research and activities described in Section 53B-33-304 by the Utah Data Research Center;
557          [(c) the report described in Section 35A-15-303 by the State Board of Education on
558     preschool programs;]
559          [(d)] (c) the report described in Section 53B-1-402 by the Utah Board of Higher
560     Education on career and technical education issues and addressing workforce needs;
561          [(e)] (d) the annual report of the Utah Board of Higher Education described in Section
562     53B-1-402;
563          [(f)] (e) the reports described in Section 53B-28-401 by the Utah Board of Higher
564     Education regarding activities related to campus safety;
565          [(g)] (f) the State Superintendent's Annual Report by the state board described in
566     Section 53E-1-203;
567          [(h)] (g) the annual report described in Section 53E-2-202 by the state board on the
568     strategic plan to improve student outcomes;
569          [(i)] (h) the report described in Section 53E-8-204 by the state board on the Utah
570     Schools for the Deaf and the Blind;
571          [(j)] (i) the report described in Section 53E-10-703 by the Utah Leading through
572     Effective, Actionable, and Dynamic Education director on research and other activities;
573          [(k)] (j) the report described in Section 53F-2-522 regarding mental health screening
574     programs;
575          [(l)] (k) the report described in Section 53F-4-203 by the state board and the
576     independent evaluator on an evaluation of early interactive reading software;
577          [(m)] (l) the report described in Section 63N-20-107 by the Governor's Office of
578     Economic Opportunity on UPSTART;
579          [(n)] (m) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
580     related to grants for professional learning and grants for an elementary teacher preparation
581     assessment;
582          [(o)] (n) upon request, the report described in Section 53F-5-219 by the state board on
583     the Local Innovations Civics Education Pilot Program;
584          [(p)] (o) the report described in Section 53F-5-405 by the [State Board of Education]
585     state board regarding an evaluation of a partnership that receives a grant to improve educational
586     outcomes for students who are low income;
587          [(q)] (p) the report described in Section 53B-35-202 regarding the Higher Education
588     and Corrections Council;
589          [(r)] (q) the report described in Section 53G-7-221 by the [State Board of Education]
590     state board regarding innovation plans;
591          [(s)] (r) the annual report described in Section 63A-2-502 by the Educational
592     Interpretation and Translation Service Procurement Advisory Council; and
593          [(t)] (s) the reports described in Section 53F-6-412 regarding the Utah Fits All
594     Scholarship Program.
595          (2) In accordance with applicable provisions and Section 68-3-14, the following
596     occasional reports are due to the Education Interim Committee:
597          [(a) the report described in Section 35A-15-303 by the School Readiness Board by
598     November 30, 2020, on benchmarks for certain preschool programs;]
599          [(b)] (a) the report described in Section 53B-28-402 by the Utah Board of Higher
600     Education on or before the Education Interim Committee's November 2021 meeting;
601          [(c)] (b) if required, the report described in Section 53E-4-309 by the state board
602     explaining the reasons for changing the grade level specification for the administration of
603     specific assessments;
604          [(d)] (c) if required, the report described in Section 53E-5-210 by the state board of an
605     adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
606          [(e)] (d) in 2022 and in 2023, on or before November 30, the report described in
607     Subsection 53E-10-309(5) related to the PRIME pilot program;
608          [(f)] (e) the report described in Section 53E-10-702 by Utah Leading through Effective,
609     Actionable, and Dynamic Education;
610          [(g)] (f) if required, the report described in Section 53F-2-513 by the state board
611     evaluating the effects of salary bonuses on the recruitment and retention of effective teachers in
612     high poverty schools;
613          [(h)] (g) the report described in Section 53F-5-210 by the state board on the
614     Educational Improvement Opportunities Outside of the Regular School Day Grant Program;
615          [(i)] (h) upon request, a report described in Section 53G-7-222 by an LEA regarding
616     expenditure of a percentage of state restricted funds to support an innovative education
617     program;
618          [(j)] (i) the report described in Section 53G-7-503 by the state board regarding fees that
619     LEAs charge during the 2020-2021 school year;
620          [(k)] (j) the reports described in Section 53G-11-304 by the state board regarding
621     proposed rules and results related to educator exit surveys; and
622          [(l)] (k) the report described in Section 26B-5-113 by the Office of Substance Use and
623     Mental Health, the [State Board of Education] state board, and the Department of Health and
624     Human Service regarding recommendations related to Medicaid reimbursement for
625     school-based health services.
626          Section 10. Section 53E-4-314 is amended to read:
627          53E-4-314. School readiness assessment.
628          (1) As used in this section:
629          (a) "School readiness assessment" means a preschool [entry and exit profile that
630     measures literacy, numeracy, and lifelong learning practices developed in a student] assessment
631     that Ŝ→ :
631a     (i) measures literacy and numeracy; and
631b     (ii) beginning with the 2026-2027 school year, ←Ŝ measures growth from the beginning of the
631c     year to the end of the year.
632          (b) "School readiness program" means a preschool program:
633          (i) in which a student participates in the year before the student is expected to enroll in
634     kindergarten; and
635          (ii) that receives funding under Title 35A, Chapter 15, Preschool Programs.
636          (2) The state board shall [develop] Ŝ→ develop or ←Ŝ select a school readiness assessment
636a     Ŝ→ [that aligns with
637     the kindergarten entry and exit assessment described in Section 53G-7-203] ←Ŝ .
638          (3) A school readiness program shall:
639          (a) Ŝ→ [except as provided in Subsection (4),] ←Ŝ administer to each student who
639a     participates in
640     the school readiness program the school readiness assessment at the beginning and end of the
641     student's participation in the school readiness program; and
642          (b) report the results of the assessments described in Subsection (3)(a) Ŝ→ [or (4)] ←Ŝ to
642a     the
643     [School Readiness Board created in Section 35A-15-201] state board.
644          Ŝ→ [(4) In place of the assessments described in Subsection (3)(a), a school readiness
645     program that is offered through home-based technology may administer to each student who
646     participates in the school readiness program:
647          (a) a validated computer adaptive pre-assessment at the beginning of the student's☆
648     ☆participation in the school readiness program; and
649          (b) a validated computer adaptive post-assessment at the end of the student's
650     participation in the school readiness program.
651          (5)] (4) ←Ŝ A private care provider or an LEA on behalf of a school that is not participating
651a     in
652     the High Quality Readiness Grant Program, as described in Section 35A-15-301 or
653     35A-15-302, may submit school readiness assessment data to the state board.
654          [(5) (a) The following may submit school readiness assessment data to the School
655     Readiness Board created in Section 35A-15-201:]
656          [(i) a private child care provider; or]
657          [(ii) an LEA on behalf of a school that is not participating in the High Quality School
658     Readiness Grant Program described in Section 35A-15-301.]
659          [(b) If a private child care provider or LEA submits school readiness assessment data to
660     the School Readiness Board under Subsection (5)(a), the state board shall include the school
661     readiness assessment data in the report described in Subsection 35A-15-303(5).]
662          Section 11. Section 63I-2-253 (Superseded 07/01/24) is amended to read:
663          63I-2-253 (Superseded 07/01/24). Repeal dates: Titles 53 through 53G.
664          (1) Section 53-1-118 is repealed on July 1, 2024.
665          (2) Section 53-1-120 is repealed on July 1, 2024.
666          (3) Section 53-7-109 is repealed on July 1, 2024.
667          (4) Section 53-22-104 is repealed December 31, 2023.
668          (5) Section 53B-6-105.7 is repealed July 1, 2024.
669          (6) Section 53B-7-707 regarding performance metrics for technical colleges is repealed
670     July 1, 2023.
671          (7) Section 53B-8-114 is repealed July 1, 2024.
672          (8) The following provisions, regarding the Regents' scholarship program, are repealed
673     on July 1, 2023:
674          (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
675     established under Sections 53B-8-202 through 53B-8-205";
676          (b) Section 53B-8-202;
677          (c) Section 53B-8-203;
678          (d) Section 53B-8-204; and
679          (e) Section 53B-8-205.
680          (9) Section 53B-10-101 is repealed on July 1, 2027.
681          (10) Subsection [53E-1-201(1)(s)] 53E-1-201(1)(r) regarding the report by the
682     Educational Interpretation and Translation Services Procurement Advisory Council is repealed
683     July 1, 2024.
684          (11) Section 53E-1-202.2, regarding a Public Education Appropriations Subcommittee
685     evaluation and recommendations, is repealed January 1, 2024.
686          (12) Section 53F-2-209, regarding local education agency budgetary flexibility, is
687     repealed July 1, 2024.
688          (13) Subsection 53F-2-314(4), relating to a one-time expenditure between the at-risk
689     WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
690          (14) Section 53F-2-524, regarding teacher bonuses for extra work assignments, is
691     repealed July 1, 2024.
692          (15) Section 53F-5-221, regarding a management of energy and water pilot program, is
693     repealed July 1, 2028.
694          (16) Section 53F-9-401 is repealed on July 1, 2024.
695          (17) Section 53F-9-403 is repealed on July 1, 2024.
696          (18) On July 1, 2023, when making changes in this section, the Office of Legislative
697     Research and General Counsel shall, in addition to the office's authority under Section
698     36-12-12, make corrections necessary to ensure that sections and subsections identified in this
699     section are complete sentences and accurately reflect the office's perception of the Legislature's
700     intent.
701          Section 12. Section 63I-2-253 (Effective 07/01/24) is amended to read:
702          63I-2-253 (Effective 07/01/24). Repeal dates: Titles 53 through 53G.
703          (1) Subsection 53-1-104(1)(b), regarding the Air Ambulance Committee, is repealed
704     July 1, 2024.
705          (2) Section 53-1-118 is repealed on July 1, 2024.
706          (3) Section 53-1-120 is repealed on July 1, 2024.
707          (4) Section 53-2d-107, regarding the Air Ambulance Committee, is repealed July 1,
708     2024.
709          (5) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
710     53-2d-702(1)(a) is amended to read:
711          "(a) provide the patient or the patient's representative with the following information
712     before contacting an air medical transport provider:
713          (i) which health insurers in the state the air medical transport provider contracts with;
714          (ii) if sufficient data is available, the average charge for air medical transport services
715     for a patient who is uninsured or out of network; and
716          (iii) whether the air medical transport provider balance bills a patient for any charge not
717     paid by the patient's health insurer; and".
718          (6) Section 53-7-109 is repealed on July 1, 2024.
719          (7) Section 53-22-104 is repealed December 31, 2023.
720          (8) Section 53B-6-105.7 is repealed July 1, 2024.
721          (9) Section 53B-7-707 regarding performance metrics for technical colleges is repealed
722     July 1, 2023.
723          (10) Section 53B-8-114 is repealed July 1, 2024.
724          (11) The following provisions, regarding the Regents' scholarship program, are
725     repealed on July 1, 2023:
726          (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
727     established under Sections 53B-8-202 through 53B-8-205";
728          (b) Section 53B-8-202;
729          (c) Section 53B-8-203;
730          (d) Section 53B-8-204; and
731          (e) Section 53B-8-205.
732          (12) Section 53B-10-101 is repealed on July 1, 2027.
733          (13) Subsection [53E-1-201(1)(s)] 53E-1-201(1)(r) regarding the report by the
734     Educational Interpretation and Translation Services Procurement Advisory Council is repealed
735     July 1, 2024.
736          (14) Section 53E-1-202.2, regarding a Public Education Appropriations Subcommittee
737     evaluation and recommendations, is repealed January 1, 2024.
738          (15) Section 53F-2-209, regarding local education agency budgetary flexibility, is
739     repealed July 1, 2024.
740          (16) Subsection 53F-2-314(4), relating to a one-time expenditure between the at-risk
741     WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
742          (17) Section 53F-2-524, regarding teacher bonuses for extra work assignments, is
743     repealed July 1, 2024.
744          (18) Section 53F-5-221, regarding a management of energy and water pilot program, is
745     repealed July 1, 2028.
746          (19) Section 53F-9-401 is repealed on July 1, 2024.
747          (20) Section 53F-9-403 is repealed on July 1, 2024.
748          (21) On July 1, 2023, when making changes in this section, the Office of Legislative
749     Research and General Counsel shall, in addition to the office's authority under Section
750     36-12-12, make corrections necessary to ensure that sections and subsections identified in this
751     section are complete sentences and accurately reflect the office's perception of the Legislature's
752     intent.
753          Section 13. Repealer.
754          This bill repeals:
755          Section 35A-15-201, Establishment of the School Readiness Board -- Membership
756     -- Funding prioritization.
757          Section 14. Effective date.
758          Ŝ→ [(1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
759          (2) The actions affecting Section 63I-2-253 (Effective 07/01/24) take effect on July 1,
760     2024.] This bill takes effect on July 1, 2024. ←Ŝ