Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 277 Second Substitute (2016GS)

Sponsor

Rep. Knotwell, J.

Final action

Governor Signed 3/28/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• enacts Title 53A, Chapter 1, Part 14, Digital Teaching and Learning Grant Program, including provisions related to the following:
• definitions;
• the digital teaching and learning master plan;
• readiness assessments;
• State Board of Education duties and LEA plan requirements;
• implementation assessments and board interventions; and
• procurement;
• sunsets the Smart School Technology Program;
• repeals language related to a whole-school one-to-one mobile device technology deployment plan; and
• makes technical and conforming corrections.

Every vote on this bill

Bill text

PERSONALIZED LEARNING AND TEACHING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: John Knotwell
Senate Sponsor: 
J. Stuart Adams
LONG TITLE
General Description:
This bill creates the Digital Teaching and Learning Grant Program.
Highlighted Provisions:
This bill:
▸ enacts Title 53A, Chapter 1, Part 14, Digital Teaching and Learning Grant Program,
including provisions related to the following:
• definitions;
• the digital teaching and learning master plan;
• readiness assessments;
• State Board of Education duties and LEA plan requirements;
• implementation assessments and board interventions; and
• procurement;
▸ sunsets the Smart School Technology Program;
▸ repeals language related to a whole-school one-to-one mobile device technology
deployment plan; and
▸ makes technical and conforming corrections.
Money Appropriated in this Bill:
This bill appropriates:
▸ to the State Board of Education -- Minimum School Program -- Related to Basic
School Program -- Digital Teaching and Learning Program, as a one-time
appropriation:
• from the Education Fund, $220,000;
▸ to the State Board of Education -- Minimum School Program -- Related to Basic
School Program -- Digital Teaching and Learning Program, as an ongoing
appropriation:
• from the Education Fund, $9,840,000;
▸ to the State Board of Education -- Minimum School Program -- Related to Basic
School Program -- Digital Teaching and Learning Program, as a one-time
appropriation:
• from the Education Fund, $3,780,000;
▸ to the Utah Education and Telehealth Network -- Digital Teaching and Learning
Program, as an ongoing appropriation:
• from the Education Fund, $160,000; and
▸ to the Utah Education and Telehealth Network -- Digital Teaching and Learning
Program, as a one-time appropriation:
• from the Education Fund, $1,000,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-2-253
, as last amended by Laws of Utah 2015, Chapters 258, 418, and 456
63I-2-263
, as last amended by Laws of Utah 2015, Chapters 182, 258, 283, 292, and
297
ENACTS:
53A-1-1401
, Utah Code Annotated 1953
53A-1-1402
, Utah Code Annotated 1953
53A-1-1404
, Utah Code Annotated 1953
53A-1-1405
, Utah Code Annotated 1953
53A-1-1406
, Utah Code Annotated 1953
53A-1-1407
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
53A-1-1403
, (Renumbered from 53A-1-710, as enacted by Laws of Utah 2015, Chapter
446)
Utah Code Sections Affected by Coordination Clause:
53A-1-1402
, Utah Code Annotated 1953
53A-1-1403
, Utah Code Annotated 1953
53A-1-1405
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53A-1-1401
 is enacted to read:
Part 14. Digital Teaching and Learning Grant Program
 53A-1-1401.
Title.
This part is known as "Digital Teaching and Learning Grant Program."
Section 2. Section 
53A-1-1402
 is enacted to read:
 53A-1-1402.
Definitions.
As used in this part:
(1) "Advisory committee" means the committee established by the board under Section
53A-1-1406
.
(2) "Board" means the State Board of Education.
(3) "Digital readiness assessment" means an assessment provided by the board that:
(a) is completed by an LEA analyzing an LEA's readiness to incorporate
comprehensive digital teaching and learning; and
(b) informs the preparation of an LEA's plan for incorporating comprehensive digital
teaching and learning.
(4) "High quality professional learning" means the professional learning standards
described in Section 
53A-3-701
.
(5) "Implementation assessment" means an assessment that analyzes an LEA's
implementation of an LEA plan, including identifying areas for improvement, obstacles to
implementation, progress toward the achievement of stated goals, and recommendations going
forward.
(6) "LEA plan" means an LEA's plan to implement a digital teaching and learning
program that meets the requirements of this section and requirements set forth by the board and
the advisory committee.
(7) "Local education agency" or "LEA" means:
(a) a school district;
(b) a charter school; or
(c) the Utah Schools for the Deaf and the Blind.
(8) "Program" means the Digital Teaching and Learning Grant Program established in
this part and as described in a proposal adopted by the digital teaching and learning task force
in accordance with Section 
53A-1-1403
.
(9) "Utah Education and Telehealth Network" or "UETN" means the Utah Education
and Telehealth Network created in Section 
53B-17-105
.
Section 3. Section 
53A-1-1403
, which is renumbered from Section 53A-1-710 is
renumbered and amended to read:
[
53A-1-710
].
 53A-1-1403.
Digital teaching and learning program task
force -- Funding proposal for a program -- Master plan -- Reporting requirements.
[
(1) As used in this section:
]
[
(a) "Board" means the State Board of Education.
]
[
(b) "Core subject areas" means the following subject areas:
]
[
(i) English language arts;
]
[
(ii) mathematics;
]
[
(iii) science; and
]
[
(iv) social studies.
]
[
(c) "High quality professional learning" means the professional learning standards
described in Section 
53A-3-701
.
]
[
(d) "LEA plan" means an LEA's plan to implement a digital teaching and learning
program that meets requirements set by the board.
]
[
(e) "Local education agency" or "LEA" means:
]
[
(i) a school district;
]
[
(ii) a charter school; or
]
[
(iii) the Utah Schools for the Deaf and the Blind.
]
[
(f) "Statewide assessment" means a test of student achievement in English language
arts, mathematics, or science, including a test administered in a computer adaptive format,
which is administered statewide under Part 6, Achievement Tests.
]
[
(g) "Utah Education and Telehealth Network" or "UETN" means the Utah Education
and Telehealth Network created in Section 
53B-17-105
.
]
[
(2)
] 
(1)
 (a) The board shall establish a digital teaching and learning task force to
develop a funding proposal to present to the Legislature for digital teaching and learning in
elementary and secondary schools.
(b) The digital teaching and learning task force shall include representatives of:
(i) the board;
(ii) UETN;
(iii) LEAs; and
(iv) the Governor's Education Excellence Commission.
[
(3)
] 
(2)
 (a) The board, in consultation with the digital teaching and learning task force
created in Subsection [
(2)
] 
(1)
, shall create a funding proposal for a statewide digital teaching
and learning program designed to:
(i) improve student outcomes through the use of digital teaching and learning
technology; and
(ii) provide high quality professional learning for educators to improve student
outcomes through the use of digital teaching and learning technology.
(b) The board shall:
(i) identify outcome based metrics to measure student achievement related to a digital
teaching and learning program; and
(ii) develop minimum benchmark standards for student achievement and school level
outcomes to measure successful implementation of a digital teaching and learning program.
[
(4)
] 
(3)
 As funding allows, the board shall develop a master plan for a statewide
digital teaching and learning program, including the following:
(a) a statement of purpose that describes the objectives or goals the board will
accomplish by implementing a digital teaching and learning program;
(b) a forecast for fundamental components needed to implement a digital teaching and
learning program, including a forecast for:
(i) student and teacher devices;
(ii) Wi-Fi and wireless compatible technology;
(iii) curriculum software;
(iv) assessment solutions;
(v) technical support;
(vi) change management of LEAs;
(vii) high quality professional learning;
(viii) Internet delivery and capacity; and
(ix) security and privacy of users;
(c) a determination of the requirements for:
(i) statewide technology infrastructure; and
(ii) local LEA technology infrastructure;
(d) standards for high quality professional learning related to implementing and
maintaining a digital teaching and learning program;
(e) a statewide technical support plan that will guide the implementation and
maintenance of a digital teaching and learning program, including standards and competency
requirements for technical support personnel;
(f) (i) a grant program for LEAs; or
(ii) a distribution formula to fund LEA digital teaching and learning programs;
(g) in consultation with UETN, an inventory of the state public education system's
current technology resources and other items and a plan to integrate those resources into a
digital teaching and learning program;
(h) an ongoing evaluation process that is overseen by the board;
(i) proposed rules that incorporate the principles of the master plan into the state's
public education system as a whole; and
(j) a plan to ensure long-term sustainability that:
(i) accounts for the financial impacts of a digital teaching and learning program; and
(ii) facilitates the redirection of LEA savings that arise from implementing a digital
teaching and learning program.
[
(5)
] 
(4)
 UETN shall:
(a) in consultation with the board, conduct an inventory of the state public education
system's current technology resources and other items as determined by UETN, including
software;
(b) perform an engineering study to determine the technology infrastructure needs of
the public education system to implement a digital teaching and learning program, including
the infrastructure needed for the board, UETN, and LEAs; and
(c) as funding allows, provide infrastructure and technology support for school districts
and charter schools.
[
(6)
] 
(5)
 On or before December 1, 2015, the board and UETN shall present the
funding proposal for a statewide digital teaching and learning program described in Subsection
[
(3)
] 
(2)
 to the Education Interim Committee and the Executive Appropriations Committee,
including:
(a) the board's progress on the development of a master plan described in Subsection
[
(4)
] 
(3)
; and
(b) the progress of UETN on the inventory and study described in Subsection [
(5)
] 
(4)
.
Section 4. Section 
53A-1-1404
 is enacted to read:
 53A-1-1404.
Readiness assessments.
Beginning July 1, 2016, and ending July 1, 2021, each LEA, including each school
within an LEA, shall annually complete a digital readiness assessment.
Section 5. Section 
53A-1-1405
 is enacted to read:
 53A-1-1405.
Digital Teaching and Learning Grant Program -- Board duties --
Advisory committee -- LEA plan requirements.
(1) There is created the Digital Teaching and Learning Grant Program to improve
educational outcomes in public schools by effectively incorporating comprehensive digital
teaching and learning technology.
(2) The board shall:
(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
adopt rules for the administration of the program, including rules requiring:
(i) an LEA plan to include measures to ensure that the LEA monitors and implements
technology with best practices, including the recommended use for effectiveness;
(ii) an LEA plan to include robust goals for learning outcomes and appropriate
measurements of goal achievement;
(iii) an LEA to demonstrate that the LEA plan can be fully funded by grant funds or a
combination of grant and local funds; and
(iv) an LEA to report on funds from expenses previous to the implementation of the
LEA plan that the LEA has redirected after implementation;
(b) establish an advisory committee to make recommendations on the program and
LEA plan requirements and report to the board; and
(c) in accordance with this part, approve LEA plans and award grants.
(3) (a) The board shall, subject to legislative appropriations, award a grant to an LEA:
(i) that submits an LEA plan that meets the requirements described in Subsection (4);
and
(ii) for which the LEA's leadership and management members have completed a digital
teaching and learning leadership and implementation training as provided in Subsection (3)(b).
(b) The board or its designee shall provide the training described in Subsection
(3)(a)(ii).
(4) The board shall establish requirements of an LEA plan that shall include:
(a) the results of the LEA's digital readiness assessment and a proposal to remedy an
obstacle to implementation or other issues identified in the assessment;
(b) a proposal to provide high quality professional learning for educators in the use of
digital teaching and learning technology;
(c) a proposal for leadership training and management restructuring, if necessary, for
successful implementation;
(d) clearly identified targets for improved student achievement, student learning, and
college readiness through digital teaching and learning; and
(e) any other requirement established by the board in rule in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, including an application process and
metrics to analyze the quality of a proposed LEA plan.
(5) The board or the board's designee shall establish an interactive dashboard available
to each LEA that is awarded a grant for the LEA to track and report the LEA's long-term,
intermediate, and direct outcomes in realtime and for the LEA to use to create customized
reports.
(6) (a) There is no federal funding, federal requirement, federal education agreement,
or national program included or related to this state adopted program.
(b) Any inclusion of federal funding, federal requirement, federal education agreement,
or national program shall require separate express approval as provided in Title 53A, Chapter
1, Part 9, Implementing Federal or National Education Program Act.
Section 6. Section 
53A-1-1406
 is enacted to read:
 53A-1-1406.
Implementation assessment -- Board intervention.
(1) (a) An LEA that receives a grant as provided in Section 
53A-1-1405
 shall:
(i) subject to Subsection (1)(b), complete an implementation assessment for each year
that the LEA is expending grant money; and
(ii) (A) report the findings of the implementation assessment to the board; and
(B) submit to the board a plan to resolve issues raised in the implementation
assessment.
(b) Each school within the LEA shall:
(i) complete an implementation assessment; and
(ii) submit a compilation report that meets the requirements described in Subsections
(1)(a)(ii)(A) and (B).
(2) The board or the board's designee shall review an implementation assessment and
review each participating LEA's progress from the previous year, as applicable.
(3) The board shall establish interventions for an LEA that does not make progress on
implementation of the LEA's implementation plan, including:
(a) nonrenewal of, or time period extensions for, the LEA's grant;
(b) reduction of funds; or
(c) other interventions to assist the LEA.
Section 7. Section 
53A-1-1407
 is enacted to read:
 53A-1-1407.
Procurement -- Independent evaluator.
(1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the board shall
contract with an independent evaluator to:
(a) annually evaluate statewide direct and intermediate outcomes beginning the first
year that grants are awarded, including baseline data collection for long-term outcomes;
(b) in the fourth year after a grant is awarded, and each year thereafter, evaluate
statewide long-term outcomes; and
(c) report on the information described in Subsections (1)(a) and (b) to the board.
(2) (a) To implement an LEA plan, a contract, in accordance with Title 63G, Chapter
6a, Utah Procurement Code, or other agreement with one or more providers of technology
powered learning solutions and one or more providers of wireless networking solutions may be
entered into by:
(i) UETN, in cooperation with or on behalf of, as applicable, the board, the board's
designee, or an LEA; or
(ii) an LEA.
(b) A contract or agreement entered into under Subsection (2)(a) may be a contract or
agreement which:
(i) UETN enters into with a provider and payment for services is directly appropriated
by the Legislature, as funds are available, to UETN;
(ii) UETN enters into with a provider and pays for the provider's services and is
reimbursed for payments by an LEA that benefits from the services;
(iii) UETN negotiates the terms of on behalf of an LEA that enters into the contract or
agreement directly with the provider and the LEA pays directly for the provider's services; or
(iv) an LEA enters into directly, pays a provider, and receives preapproved
reimbursement from a UETN fund established for this purpose.
(c) If an LEA does not reimburse UETN in a reasonable time for services received
under a contract or agreement described in Subsection (2)(b), the board shall pay the balance
due to UETN from the LEA's funds received under Chapter 17a, Part 1, Minimum School
Program.
(d) If UETN negotiates or enters into an agreement as described in Subsection (2)(b)(ii)
or (2)(b)(iii), and UETN enters into an additional agreement with an LEA that is associated
with the agreement described in Subsection (2)(b)(ii) or (2)(b)(iii), the associated agreement
may be treated by UETN and the LEA as a cooperative procurement, as that term is defined in
Section 
63G-6a-103
, regardless of whether the associated agreement satisfies the requirements
of Section 
63G-6a-2105
.
Section 8. Section 
63I-2-253
 is amended to read:
63I-2-253.
 Repeal dates -- Titles 53, 53A, and 53B.
(1) Section 
53A-1-403.5
 is repealed July 1, 2017.
(2) Subsection 
53A-1-410
(5) is repealed July 1, 2015.
(3) Section 
53A-1-411
 is repealed July 1, 2017.
(4) Section 
53A-1a-513.5
 is repealed July 1, 2017.
(5) Section 
53A-1-709
 is repealed July 1, 2020.
[
(5)
] 
(6)
 Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2019.
[
(6)
] 
(7)
 Title 53A, Chapter 8a, Part 8, Peer Assistance and Review Pilot Program, is
repealed July 1, 2017.
Section 9. Section 
63I-2-263
 is amended to read:
63I-2-263.
Repeal dates, Title 63A to Title 63N.
(1) Section 
63A-5-104.1
 is repealed on January 1, 2016.
(2) Section 
63C-9-501.1
 is repealed on July 1, 2015.
(3) Title 63C, Chapter 15, Prison Relocation Commission, is repealed on January 1,
2016.
(4) Subsection 
63N-3-103
(1)(d) is repealed on July 1, 2015.
(5) Subsection 
63N-3-109
(2)(f)(i)(B) is repealed July 1, 2020.
(6) Section 
63N-3-110
 is repealed July 1, 2020.
[
(5)
] 
(7)
 Subsection 
63N-12-208
(3) is repealed on January 1, 2016.
Section 10. 
Appropriation.
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
the fiscal year beginning July 1, 2015, and ending June 30, 2016, the following sums of money
are appropriated from resources not otherwise appropriated, or reduced from amounts
previously appropriated, out of the funds or amounts indicated. These sums of money are in
addition to amounts previously appropriated for fiscal year 2016.
To State Board of Education -- Minimum School Program -- Related to Basic School
Program -- Digital Teaching and Learning Program
From Education Fund, One-time
$220,000
Schedule of Programs:
Digital Teaching and Learning Program $220,000
The Legislature intends that:
(1) the State Board of Education use $220,000 of the appropriation under this section
to administer and evaluate the program, provide professional development and other assistance
to LEAs, and contract with third party providers to assist with the administration of the
program as described in Title 53A, Chapter 1, Part 14, Digital Teaching and Learning Grant
Program; and
(2) under Section 
63J-1-603
, the appropriations described in this section not lapse at
the close of fiscal year 2016.
Section 11. 
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 amounts indicated. These sums of money are in
addition to amounts previously appropriated for fiscal year 2017.
Item 1 To State Board of Education -- Minimum School Program -- Related to Basic
School Program -- Digital Teaching and Learning Program
From Education Fund
$9,840,000
From Education Fund, One-time
$3,780,000
Schedule of Programs:
Digital Teaching and Learning Program $13,620,000
Item 2 To Utah Education and Telehealth Network -- Digital Teaching and Learning
Program
From Education Fund
$160,000
From Education Fund, One-time
$1,000,000
Schedule of Programs:
Digital Teaching and Learning Program $1,160,000
The Legislature intends that:
(1) except as provided in Subsection (2) or (3), the State Board of Education use the
appropriation to the State Board of Education under this section to distribute money to LEAs as
part of the grant program described in Title 53A, Chapter 1, Part 14, Digital Teaching and
Learning Grant Program;
(2) the State Board of Education may use up to $187,600 of the ongoing appropriation
to the State Board of Education to administer and evaluate the program, and provide other
assistance to LEAs;
(3) the State Board of Education may use up to $780,000 of the one-time appropriation
to the State Board of Education to administer and evaluate the program, provide professional
development, and contract with third party providers to assist with the administration of the
program as described in Title 53A, Chapter 1, Part 14, Digital Teaching and Learning Grant
Program;
(4) the Utah Education and Telehealth Network may use up to $160,000 of the ongoing
appropriation to the Utah Education and Telehealth Network to administer the program;
(5) the Utah Education and Telehealth Network use the $1,000,000 one-time
appropriation to the Utah Education and Telehealth Network for infrastructure and other
technology for LEAs; and
(6) under Section 
63J-1-603
, the appropriations described in this section:
(a) not lapse at the close of fiscal year 2017; and
(b) may be used in fiscal year 2018, 2019, or 2020.