Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 42 First Substitute (2016GS)

Sponsor

Rep. Snow, V. L.

Final action

House/ filed 3/10/2016

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires the State Board of Education to:
• develop kindergarten entry and exit assessments for use by certain kindergarten student academic improvement programs; and
• administer a grant program to support certain kindergarten student academic improvement programs; and
• recodifies and makes technical changes to provisions related to early interactive reading software.

Every vote on this bill

Bill text

OPTIONAL ENHANCED KINDERGARTEN AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: V. Lowry Snow
Senate Sponsor:
 Ann Millner
LONG TITLE
Committee Note:
The Education Interim Committee recommended this bill.
General Description:
This bill modifies and enacts provisions regarding early grade academic improvement. 
Highlighted Provisions:
This bill:
▸ requires the State Board of Education to:
• develop kindergarten entry and exit assessments for use by certain kindergarten
student academic improvement programs; and
• administer a grant program to support certain kindergarten student academic
improvement programs; and
▸ recodifies and makes technical changes to provisions related to early interactive
reading software.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2017:
▸ to State Board of Education -- Minimum School Program -- Related to Basic School
Program -- Early Intervention Program:
• from the Education Fund, ($7,500,000).
▸ to State Board of Education -- Minimum School Program -- Related to Basic School
Program -- Optional Enhanced Kindergarten Program, as an ongoing appropriation:
• from the Education Fund, $17,500,000.
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
53a-17a-167.5
, Utah Code Annotated 1953
REPEALS AND REENACTS:
53A-17a-167
, as last amended by Laws of Utah 2015, Chapter 372
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-17a-167
 is repealed and reenacted to read:
 53A-17a-167.
Grant funding for optional enhanced kindergarten programs.
(1) As used in this section:
(a) "Board" means the State Board of Education.
(b) "Local Education Agency" or "LEA" means a school district or charter school.
(c) "Optional enhanced kindergarten program" or "OEK program" means a program to
improve the academic competency of kindergarten students that:
(i) meets the criteria described in Subsection (4)(a);
(ii) receives funding from a grant program described in Subsection (3); and
(iii) is delivered by an LEA.
(2) (a) In accordance with this section, the board shall distribute funds appropriated
under this section to support optional enhanced kindergarten programs.
(b) The board may use up to 1% of the funds described in Subsection (2)(a) for the
administrative cost of running the grant programs described in Subsection (3).
(c) The board shall develop kindergarten entry and exit assessments for use by an OEK
program.
(3) (a) The board shall administer a qualifying base amount grant program and a
competitive grant program as described in this Subsection (3) to distribute funds described in
Subsection (2)(a) to LEAs that:
(i) apply for a grant; and
(ii) offer a kindergarten student academic improvement program that meets the
requirements described in Subsection (4).
(b) For each LEA that meets the criteria described in Subsection (3)(a), the board shall
administer a base amount grant to fund a minimum OEK program, taking into consideration:
(i) the number of the LEA's students who were eligible to receive free lunch in the
prior school year; and
(ii) the LEA's overall need for an OEK program, based on the results of the LEA's
kindergarten entry and exit assessments described in Subsection (4)(b)(ii).
(c) After distributing the base amount grants as described in Subsection (3)(b), the
board shall, on a competitive basis, distribute remaining grant money to one or more LEAs that
received a base amount grant under Subsection (3)(b), taking into consideration:
(i) the success of an LEA's OEK program, based on the results of the LEA's
kindergarten entry and exit assessments described in Subsection (4)(b)(ii); and
(ii) the extent to which an LEA's base amount grant does not meet the LEA's overall
need described in Subsection (3)(b)(ii).
(4) An LEA that receives a grant as described in Subsection (3) shall:
(a) use the grant money to offer an OEK program that:
(i) targets kindergarten students at risk for not meeting grade 3 core standards for Utah
public schools, established by the board under Section 
53A-1-402.6
, by the end of each
student's grade 3 year;
(ii) uses an evidence-based early intervention model;
(iii) focuses on academically improving age-appropriate literacy and numeracy skills;
(iv) emphasizes the use of live instruction;
(v) administers the kindergarten entry and exit assessments described in Subsection
(2)(c); and
(vi) is delivered through additional hours or other means; and
(b) report to the board annually regarding:
(i) how the LEA used grant money received under Subsection (3); and
(ii) the results of the LEA's kindergarten entry and exit assessments for the prior year.
(5) (a) Except as provided in Subsection (5)(b), an LEA may not charge a fee for a
student to participate in an OEK program.
(b) If an LEA determines that the LEA's OEK program has additional space at a
particular school after admitting the kindergarten students described in Subsection (4)(a)(i), the
LEA may charge a fee and admit additional kindergarten students not described in Subsection
(4)(a)(i) to fill the additional space at the school.
(6) A parent or legal guardian may decline participation of the parent or legal
guardian's kindergarten student in an OEK program.
Section 2. Section 
53a-17a-167.5
 is enacted to read:
 53a-17a-167.5.
Early intervention educational technology program.
(1) As used in this section:
(a) "Dosage" means amount of instructional time.
(b) "License" means a license for the early interactive reading software described in
Subsection (3)(a) that is distributed by the State Board of Education under Subsection (3)(b).
(2) In accordance with this section, the State Board of Education shall administer an
early intervention technology program to improve reading skills of students in kindergarten
through grade 3 through the use of early interactive reading software.
(3) (a) Subject to legislative appropriations, the State Board of Education shall select
and contract with one or more technology providers, through a request for proposals process, to
provide early interactive reading software for literacy instruction and assessments for students
in kindergarten through grade 3.
(b) By August 1 of each year, the State Board of Education shall distribute licenses to
school districts and charter schools that apply for the licenses.
(c) Except as provided in Subsection (4)(b), if a school district or charter school
received a license during the prior year, the State Board of Education shall give first priority to
the school district or charter school to receive an equivalent license during the current year.
(d) The State Board of Education shall distribute a license not described in Subsection
(3)(c) through a competitive process.
(4) (a) A public school that receives a license shall use the license:
(i) for a student in kindergarten or grade 1:
(A) for intervention for the student if the student is reading below grade level; or
(B) for advancement beyond grade level for the student if the student is reading at or
above grade level;
(ii) for a student in grade 2 or 3, for intervention for the student if the student is reading
below grade level; and
(iii) in accordance with the technology provider's dosage recommendations.
(b) The State Board of Education may not distribute a license to a public school that
fails to use the early interaction reading software in accordance with the technology provider's
dosage recommendations for two consecutive years.
(5) (a) On or before August 1 of each year, the State Board of Education shall select
and contract with an independent evaluator, through a request for proposals process, to act as
an independent contractor to evaluate early interactive reading software provided under this
section.
(b) The State Board of Education shall ensure that a contract with an independent
evaluator requires the independent evaluator to:
(i) evaluate a student's learning gains as a result of using early interactive reading
software provided under Subsection (3);
(ii) for an evaluation described in Subsection (5)(b)(i), use an assessment that is not
developed by a provider of early interactive reading software; and
(iii) determine the extent to which a public school uses the early interactive reading
software in accordance with a technology provider's dosage recommendations under
Subsection (4).
(c) The State Board of Education and the independent evaluator selected under
Subsection (5)(a) shall report annually on the results of the evaluation to the Education Interim
Committee and the governor.
(d) The State Board of Education may use up to 4% of an appropriation provided to
fund this section to contract with an independent evaluator selected under Subsection (5)(a).
Section 3. 
Appropriation.
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
are appropriated from resources not otherwise appropriated, or reduced from amounts
previously appropriated, out of the funds or accounts indicated. These sums of money are in
addition to any amounts previously appropriated for fiscal year 2017.
To State Board of Education -- Minimum School Program -- Related to Basic School
Program
From Education Fund
($7,500,000)
Schedule of Programs:
Early Intervention ($7,500,000)
To State Board of Education -- Minimum School Program -- Related to Basic School
Program
From Education Fund
$17,500,000
Schedule of Programs:
Optional Enhanced Kindergarten Program $17,500,000
The Legislature intends that:
(1) the State Board of Education shall use the money appropriated to the Optional
Enhanced Kindergarten Program as follows:
(a) $7,500,000 for the qualifying base amount grant program described in Subsection
53A-17a-167
(3)(b);
(b) $9,250,000 for the competitive grant program described in Subsection
53A-17a-167
(3)(c); and
(c) $750,000 for the development of the kindergarten entry and exit assessments as
described in Subsection 
53A-17a-167
(2)(c); and
(2) the appropriation provided under this section not lapse.
Legislative Review Note
Office of Legislative Research and General Counsel