Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 263 First Substitute (2015GS)

Sponsor

Sen. Urquhart, S.

Final action

Governor Signed 3/30/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows the State Board of Education to select more than one provider to provide a diagnostic assessment system for early reading;
• changes the date by which the State Board of Education is required to select one or more providers to provide certain early reading software;
• requires a school district or charter school that receives a license for certain early reading software to comply with certain requirements;
• directs the State Board of Education to establish certain standards and guidelines; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

EARLY READING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen H. Urquhart
House Sponsor: 
 Bradley G. Last
LONG TITLE
General Description:
This bill amends provisions related to early reading assessments and interventions in
public schools.
Highlighted Provisions:
This bill:
▸ allows the State Board of Education to select more than one provider to provide a
diagnostic assessment system for early reading;
▸ changes the date by which the State Board of Education is required to select one or
more providers to provide certain early reading software;
▸ requires a school district or charter school that receives a license for certain early
reading software to comply with certain requirements;
▸ directs the State Board of Education to establish certain standards and guidelines;
and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53A-1-606.7
, as enacted by Laws of Utah 2011, Chapter 372
53A-17a-167
, as last amended by Laws of Utah 2013, Chapter 466
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1-606.7
 is amended to read:
53A-1-606.7.
State Board of Education required to contract for a diagnostic
assessment system for reading.
(1) The State Board of Education shall contract with [
an
] 
one or more
 educational
technology [
provider
] 
providers
, selected through a request for proposals process, for a
diagnostic assessment system for reading for students in kindergarten through grade three that
meets the requirements of this section.
(2) The diagnostic assessment system for reading shall be made available to school
districts and charter schools that apply to use the diagnostic assessment for reading beginning
in the 2011-12 school year.
(3) The diagnostic assessment system for reading for students in kindergarten through
grade three shall:
(a) include benchmark assessments of reading proficiency to be administered at the
beginning, in the middle, and at the end of kindergarten, grade one, grade two, and grade three;
(b) include formative assessments to be administered every two to four weeks for
students who are at high risk of not attaining proficiency in reading;
(c) align with the language arts core curriculum adopted by the State Board of
Education; and
(d) include a data analysis component hosted by the contractor that:
(i) has the capacity to generate electronic information immediately and produce
individualized student progress reports, class summaries, and class groupings for instruction;
(ii) has the capability of identifying lesson plans that may be used to develop reading
skills;
(iii) enables teachers, administrators, and designated supervisors to access reports
through a secured password system;
(iv) produces electronic printable reports for parents and administrators; and
(v) has the capability for principals to monitor usage by teachers.
(4) (a) The benchmark and formative assessments specified in Subsections (3)(a) and
(b) shall be available to be downloaded to a portable technology device so that a teacher may
be able to sit beside a student as the student is being assessed at any location in the classroom
or throughout the school.
(b) After an assessment is downloaded to a portable technology device, the device shall
have the capability to operate in stand-alone mode if the Internet connection is lost.
(c) After an assessment is completed and uploaded to the data analysis component, the
data analysis component shall be capable of allowing data and reports to be viewed and printed
immediately.
[
(5) The State Board of Education shall:
]
[
(a) evaluate the effects of the diagnostic assessment system for reading by comparing
the learning gains of students in school districts and charter schools that use the diagnostic
assessment system for reading with the learning gains of students in school districts and charter
schools that do not use the diagnostic assessment system for reading; and
]
[
(b) submit a report on the evaluation to the Public Education Appropriations
Subcommittee by November 2013.
]
Section 2. Section 
53A-17a-167
 is amended to read:
53A-17a-167.
Early intervention program -- Enhanced kindergarten program --
Educational technology.
(1) The State Board of Education shall, as described in Subsection (4), distribute funds
appropriated under this section for an enhanced kindergarten program described in Subsection
(2), to school districts and charter schools that apply for the funds.
(2) A school district or charter school shall use funds appropriated in this section to
offer an early intervention program, delivered through an enhanced kindergarten program that:
(a) is an academic program focused on building age-appropriate literacy and numeracy
skills;
(b) uses an evidence-based early intervention model;
(c) is targeted to at-risk students; and
(d) is delivered through additional hours or other means.
(3) A school district or charter school may not require a student to participate in an
enhanced kindergarten program described in Subsection (2).
(4) The State Board of Education shall distribute funds appropriated under this section
for an enhanced kindergarten program described in Subsection (2) as follows:
(a) (i) the total allocation for charter schools shall be calculated by:
(A) dividing the number of charter school students by the total number of students in
the public education system in the prior school year; and
(B) multiplying the resulting percentage by the total amount of available funds; and
(ii) the amount calculated under Subsection (4)(a) shall be distributed to charter
schools with the greatest need for an enhanced kindergarten program, as determined by the
State Board of Education in consultation with the State Charter School Board;
(b) each school district shall receive the amount calculated by:
(i) multiplying the value of the weighted pupil unit by 0.45; and
(ii) multiplying the result by 20; and
(c) the remaining funds, after the allocations described in Subsections (4)(a) and (4)(b)
are made, shall be distributed to applicant school districts by:
(i) determining the number of students eligible to receive free lunch in the prior school
year for each school district; and
(ii) prorating the remaining funds based on the number of students eligible to receive
free lunch in each district.
(5) In addition to an enhanced kindergarten program described in Subsection (2), the
early intervention program includes a component to address early [
intervention
] 
reading
through the use of [
an interactive computer software program
] 
early interactive reading
software
.
(6) (a) Subject to legislative appropriations, by [
September
] 
August
of each year, the
State Board of Education shall select one or more technology providers, through a request for
proposals process, to provide [
an interactive computer software program
] 
early interactive
reading software
 for literacy instruction and assessments for students in kindergarten through
grade 3.
(b) The State Board of Education shall distribute licenses for [
an interactive computer
software program
] 
early interactive reading software
 described in Subsection (6)(a) to school
districts and charter schools that apply for the licenses.
(c) A school district or charter school that received a license described in Subsection
(6)(b) during the prior year shall be given first priority to receive an equivalent license during
the current year.
(d) Licenses distributed to school districts and charter schools in addition to the
licenses described in Subsection (6)(c) shall be distributed through a competitive process.
[
(7) On or before November 1, 2013, and every year thereafter, the State Board of
Education shall report final testing data regarding an interactive computer software program
described in Subsection (6), including student learning gains as a result of the interactive
computer software program, to:
]
[
(a) the Education Interim Committee; and
]
[
(b) the governor.
]
(7) A school district or charter school that receives a license described in Subsection
(6)(b) shall use the license:
(a) for a student in kindergarten or grade 1:
(i) for intervention for a student that is reading below grade level; and
(ii) for advancement beyond grade level for a student reading at or above grade level;
(b) for a student in grade 2 or 3, for intervention for a student that is reading below
grade level; and
(c) in accordance with the standards established by the State Board of Education under
Subsection (8)(a).
(8) The State Board of Education shall coordinate with a technology provider selected
under Subsection (6)(a) to:
(a) establish standards for the use of the interactive reading software, including
standards to ensure that the software is used for a sufficient amount of instructional time to
achieve the learning objectives described in Subsections (7)(a) and (b); and
(b) provide guidelines on using the software within the school day to complement and
enhance regular classroom instruction.
(9) A school district or charter school that does not use the early interactive reading
software in accordance with the standards established under Subsection (8)(a) for two
consecutive years may not continue to receive a license.
(10) On or before November 1, the State Board of Education shall annually report to
the Education Interim Committee and the governor on the early interactive reading software
described in Subsection (6), including:
(a) the standards set under Subsection (8)(a);
(b) the extent to which LEAs used the early interactive reading software in accordance
with the standards set under Subsection (8)(a); and
(c) student learning gains as a result of using the early interactive reading software.
Legislative Review Note
 as of 2-24-15 6:08 PM
Office of Legislative Research and General Counsel