Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 380 Second Substitute (2018GS)

Sponsor

Rep. Last, B.

Final action

Governor Signed 3/21/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• moves the School Readiness Board (board) from the Governor's Office of Management and Budget to the Department of Workforce Services;
• requires the State Board of Education to develop a school readiness program entry assessment;
• requires certain school readiness programs to administer school readiness program entry and exit assessments;
• modifies the membership of the board;
• requires the board to award a contract to a nonprofit entity to provide program support for results-based contracts;
• enacts a prioritization for funding school readiness programs;
• enacts and consolidates provisions related to requirements for recipients of funding through results-based contracts;
• permits the board to fund a high quality school readiness program directly, if the high quality school readiness program meets certain requirements;
• requires the board to select at least three independent evaluators;
• requires the operator of a high quality school readiness program that participates in a results-based contract to select an evaluator to evaluate the high quality school readiness program; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

UTAH SCHOOL READINESS INITIATIVE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Bradley G. Last
Senate Sponsor: 
Ann Millner
LONG TITLE
General Description:
This bill amends provisions related to the School Readiness Initiative.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ moves the School Readiness Board (board) from the Governor's Office of
Management and Budget to the Department of Workforce Services;
▸ requires the State Board of Education to develop a school readiness program entry
assessment;
▸ requires certain school readiness programs to administer school readiness program
entry and exit assessments;
▸ modifies the membership of the board;
▸ requires the board to award a contract to a nonprofit entity to provide program
support for results-based contracts;
▸ enacts a prioritization for funding school readiness programs;
▸ enacts and consolidates provisions related to requirements for recipients of funding
through results-based contracts;
▸ permits the board to fund a high quality school readiness program directly, if the
high quality school readiness program meets certain requirements;
▸ requires the board to select at least three independent evaluators;
▸ requires the operator of a high quality school readiness program that participates in
a results-based contract to select an evaluator to evaluate the high quality school
readiness program; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2019:
▸ to Department of Workforce Services -- Operations and Policy as an ongoing
appropriation:
• from the General Fund Restricted -- School Readiness Account, $2,935,700;
▸ to Department of Workforce Services -- Operations and Policy as a one-time
appropriation:
• from the General Fund Restricted -- School Readiness Account, One-time,
$10,276,900;
▸ to State Board of Education -- State Administrative Office as an ongoing
appropriation:
• from the General Fund Restricted -- School Readiness Account, $64,300;
▸ to State Board of Education -- State Administrative Office as a one-time
appropriation:
• from the General Fund Restricted -- School Readiness Account, One-time,
$70,800;
▸ to State Board of Education -- General System Support, as a one-time appropriation:
• from General Fund Restricted -- School Readiness Account, $88,000;
▸ to Governor's Office -- Governor's Office of Management and Budget, as an
ongoing appropriation:
• from the General Fund Restricted -- School Readiness Account, ($200,000); and
▸ to Governor's Office -- School Readiness Initiative as an ongoing appropriation:
• from the General Fund Restricted -- School Readiness Account, ($2,800,000).
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
53E-9-301
, as renumbered and amended by Laws of Utah 2018, Chapter 1
53F-6-301
, as renumbered and amended by Laws of Utah 2018, Chapter 2
53F-6-303
, as enacted by Laws of Utah 2018, Chapter 2
53F-6-305
, as renumbered and amended by Laws of Utah 2018, Chapter 2
53F-6-309
, as renumbered and amended by Laws of Utah 2018, Chapter 2
53F-6-310
, as renumbered and amended by Laws of Utah 2018, Chapter 2
63J-1-602.2
, as last amended by Laws of Utah 2015, Chapters 86, 93, and 189
63J-1-602.3
, as last amended by Laws of Utah 2017, Chapters 396 and 423
RENUMBERS AND AMENDS:
35A-3-209
, (Renumbered from 53F-6-302, as renumbered and amended by Laws of
Utah 2018, Chapter 2)
35A-3-210
, (Renumbered from 53F-9-402, as renumbered and amended by Laws of
Utah 2018, Chapter 2)
ENACTS:
53E-4-314
, Utah Code Annotated 1953
REPEALS AND REENACTS:
53F-6-306
, as renumbered and amended by Laws of Utah 2018, Chapter 2
REPEALS:
53F-6-307
, as renumbered and amended by Laws of Utah 2018, Chapter 2
53F-6-308
, as renumbered and amended by Laws of Utah 2018, Chapter 2
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
35A-3-209
, which is renumbered from Section 53F-6-302 is
renumbered and amended to read:
[
53F-6-302
].
 35A-3-209.
Establishment of the School Readiness Board --
Membership -- Program intermediary -- Funding prioritization.
(1) The terms defined in Section 
53F-6-301
 apply to this section.
[
(1)
] 
(2)
 There is created [
a
] 
the
 School Readiness Board within the [
Governor's Office
of Management and Budget
] 
Department of Workforce Services
 composed of:
(a) the director of the Department of Workforces Services or the director's designee;
(b) one member appointed by the State Board of Education;
(c) one member appointed by the chair of the State Charter School Board;
(d) one member 
who has research experience in the area of early childhood
development, including special education,
 appointed by the speaker of the House of
Representatives; and
(e) one member
,
 appointed by the president of the Senate[
.
]
, who:
(i) has expertise in pay for success programs; or
(ii) represents a financial institution that has experience managing a portfolio that
meets the requirements of the Community Reinvestment Act, 12 U.S.C. Sec. 2901 et seq.
[
(2)
] 
(3)
 (a) A member described in [
Subsections (1)
] 
Subsection (2)
(c), (d), [
and
] 
or
(e) shall serve for a term of two years.
(b) If a vacancy occurs for a member described in Subsection [
(1)
] 
(2)
(c), (d), or (e),
the person appointing the member shall appoint a replacement to serve the remainder of the
member's term.
[
(3)
] 
(4)
 A member may not receive compensation or benefits for the member's service.
[
(4) Upon request, the Governor's Office of Management and Budget shall provide
staff support to the board.
]
(5) The department shall provide staff support to the board.
[
(5)
] 
(6)
 (a) The board members shall elect a chair of the board from the board's
membership.
(b) The board shall meet upon the call of the chair or a majority of the board members.
(7) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, and subject to
Subsection (8), the board shall:
(a) select a program intermediary that:
(i) is a nonprofit entity; and
(ii) has experience:
(A) developing and executing contracts;
(B) structuring the terms and conditions of a pay for success program;
(C) coordinating the funding and management of a pay for success program; and
(D) raising private investment capital necessary to fund program services related to a
pay for success program; and
(b) enter into a contract with the program intermediary.
(8) The board may not enter into a contract described in Subsection (7) without the
consent of the department regarding:
(a) the program intermediary selected; and
(b) the terms of the contract.
(9) A contract described in Subsection (7)(b) shall:
(a) require the program intermediary to:
(i) seek out participants for results-based contracts;
(ii) advise the board on results-based contracts; and
(iii) make recommendations directly to the board on:
(A) when to enter a results-based contract; and
(B) the terms of a results-based contract; and
(b) include a provision that the program intermediary is not eligible to receive or view
personally identifiable student data of eligible students funded under the School Readiness
Initiative described in this part and Title 53F, Chapter 6, Part 3, School Readiness Initiative.
(10) In allocating funding, the board shall:
(a) give first priority to a results-based contract described in Subsection 
53F-6-309
(3)
to fund a high quality school readiness program directly;
(b) give second priority to a results-based contract that includes an investor; and
(c) give third priority to a grant described in Section 
53F-6-305
.
(11) Other powers and duties of the board are described in Title 53F, Chapter 6, Part 3,
School Readiness Initiative.
Section 2. Section 
35A-3-210
, which is renumbered from Section 53F-9-402 is
renumbered and amended to read:
[
53F-9-402
].
 35A-3-210.
School Readiness Restricted Account -- Creation
-- Funding -- Distribution of funds.
(1) The terms defined in Section 
53F-6-301
 apply to this section.
(2) There is created in the General Fund a restricted account known as the "School
Readiness Restricted Account"[
 to fund:
]
.
[
(a) the High Quality School Readiness Grant Program described in Section
53F-6-305
; and
]
[
(b) results-based school readiness contracts for eligible students to participate in:
]
[
(i) a high quality preschool program described in:
]
[
(A) Section 
53F-6-306
; or
]
[
(B) Section 
53F-6-307
; or
]
[
(ii) an eligible home-based educational technology program described in Section
53F-6-308
.
]
(3) The [
restricted account
] 
School Readiness Restricted Account
 consists of:
(a) money appropriated [
to the restricted account
] by the Legislature;
(b) all income and interest derived from the deposit and investment of money in the
account;
(c) federal grants; and
(d) private donations.
(4) Subject to legislative appropriations, money in the restricted account may be used
[
for the following purposes
]:
(a) to award [
grants
] 
a grant
 under the High Quality School Readiness Grant Program
described in Section 
53F-6-305
;
(b) to contract with [
an independent evaluator as required in Subsection 
53F-6-309
(3)
]
an evaluator
;
[
(c) in accordance with Section 
53F-6-309
, to make payments to one or more private
entities that the board has entered into a results-based contract with if the independent
evaluator selected by the board determines that the performance-based results have been met;
and
]
(c) to fund the participation of eligible students in a high quality school readiness
program through a results-based contract; and
(d) for administration costs and to monitor the programs described in [
this part
]
Section 
35A-3-209
 and Title 53F, Chapter 6, Part 3, School Readiness Initiative
.
Section 3. Section 
53E-4-314
 is enacted to read:
 53E-4-314.
School readiness assessment.
(1) As used in this section:
(a) "School readiness assessment" means the preschool entry assessment described in
this section.
(b) "School readiness program" means a preschool program:
(i) in which a student participates in the year before the student is expected to enroll in
kindergarten; and
(ii) that receives funding under:
(A) Title 53F, Chapter 5, Part 3, High Quality School Readiness Program; or
(B) Title 53F, Chapter 6, Part 3, School Readiness Initiative.
(2) The State Board of Education shall develop a school readiness assessment that
aligns with the kindergarten entry and exit assessment described in Section 
53F-4-205
.
(3) A school readiness program shall:
(a) except as provided in Subsection (4), administer to each student who participates in
the school readiness program:
(i) the school readiness assessment at the beginning of the student's participation in the
school readiness program; and
(ii) the kindergarten entry assessment described in Section 
53F-4-205
 at the end of the
student's participation in the school readiness program; and
(b) report the results of the assessments described in Subsection (3)(a) or (4) to:
(i) the State Board of Education; and
(ii) the Department of Workforce Services.
(4) In place of the assessments described in Subsection (3)(a), a school readiness
program that is offered through home-based technology may administer to each student who
participates in the school readiness program:
(a) a validated computer adaptive pre-assessment at the beginning of the student's
participation in the school readiness program; and
(b) a validated computer adaptive post-assessment at the end of the student's
participation in the school readiness program.
Section 4. Section 
53E-9-301
 is amended to read:
53E-9-301.
Definitions.
As used in this part:
(1) "Adult student" means a student who:
(a) is at least 18 years old;
(b) is an emancipated student; or
(c) qualifies under the McKinney-Vento Homeless Education Assistance
Improvements Act of 2001, 42 U.S.C. Sec. 11431 et seq.
(2) "Aggregate data" means data that:
(a) are totaled and reported at the group, cohort, school, school district, region, or state
level with at least 10 individuals in the level;
(b) do not reveal personally identifiable student data; and
(c) are collected in accordance with board rule.
(3) (a) "Biometric identifier" means a:
(i) retina or iris scan;
(ii) fingerprint;
(iii) human biological sample used for valid scientific testing or screening; or
(iv) scan of hand or face geometry.
(b) "Biometric identifier" does not include:
(i) a writing sample;
(ii) a written signature;
(iii) a voiceprint;
(iv) a photograph;
(v) demographic data; or
(vi) a physical description, such as height, weight, hair color, or eye color.
(4) "Biometric information" means information, regardless of how the information is
collected, converted, stored, or shared:
(a) based on an individual's biometric identifier; and
(b) used to identify the individual.
(5) "Board" means the State Board of Education.
(6) "Cumulative disciplinary record" means disciplinary student data that is part of a
cumulative record.
(7) "Cumulative record" means physical or electronic information that the education
entity intends:
(a) to store in a centralized location for 12 months or more; and
(b) for the information to follow the student through the public education system.
(8) "Data authorization" means written authorization to collect or share a student's
student data, from:
(a) the student's parent, if the student is not an adult student; or
(b) the student, if the student is an adult student.
(9) "Data governance plan" means an education entity's comprehensive plan for
managing education data that:
(a) incorporates reasonable data industry best practices to maintain and protect student
data and other education-related data;
(b) provides for necessary technical assistance, training, support, and auditing;
(c) describes the process for sharing student data between an education entity and
another person;
(d) describes the process for an adult student or parent to request that data be
expunged; and
(e) is published annually and available on the education entity's website.
(10) "Education entity" means:
(a) the board;
(b) a local school board;
(c) a charter school governing board;
(d) a school district;
(e) a charter school;
(f) the Utah Schools for the Deaf and the Blind; or
(g) for purposes of implementing the School Readiness Initiative described in Title
53F, Chapter 6, Part 3, School Readiness Initiative, the School Readiness Board created in
Section [
53F-6-302
] 
35A-3-209
.
(11) "Expunge" means to seal or permanently delete data, as described in board rule
made under Section 
53E-9-306
.
(12) "External application" means a general audience:
(a) application;
(b) piece of software;
(c) website; or
(d) service.
(13) "Individualized education program" or "IEP" means a written statement:
(a) for a student with a disability; and
(b) that is developed, reviewed, and revised in accordance with the Individuals with
Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
(14) "Internal application" means an Internet website, online service, online
application, mobile application, or software, if the Internet website, online service, online
application, mobile application, or software is subject to a third-party contractor's contract with
an education entity.
(15) "Local education agency" or "LEA" means:
(a) a school district;
(b) a charter school;
(c) the Utah Schools for the Deaf and the Blind; or
(d) for purposes of implementing the School Readiness Initiative described in Title
53F, Chapter 6, Part 3, School Readiness Initiative, the School Readiness Board created in
Section [
53F-6-302
] 
35A-3-209
.
(16) "Metadata dictionary" means a complete list of an education entity's student data
elements and other education-related data elements, that:
(a) defines and discloses all data collected, used, stored, and shared by the education
entity, including:
(i) who uses a data element within an education entity and how a data element is used
within an education entity;
(ii) if a data element is shared externally, who uses the data element externally and how
a data element is shared externally;
(iii) restrictions on the use of a data element; and
(iv) parent and student rights to a data element;
(b) designates student data elements as:
(i) necessary student data; or
(ii) optional student data;
(c) designates student data elements as required by state or federal law; and
(d) without disclosing student data or security information, is displayed on the
education entity's website.
(17) "Necessary student data" means data required by state statute or federal law to
conduct the regular activities of an education entity, including:
(a) name;
(b) date of birth;
(c) sex;
(d) parent contact information;
(e) custodial parent information;
(f) contact information;
(g) a student identification number;
(h) local, state, and national assessment results or an exception from taking a local,
state, or national assessment;
(i) courses taken and completed, credits earned, and other transcript information;
(j) course grades and grade point average;
(k) grade level and expected graduation date or graduation cohort;
(l) degree, diploma, credential attainment, and other school exit information;
(m) attendance and mobility;
(n) drop-out data;
(o) immunization record or an exception from an immunization record;
(p) race;
(q) ethnicity;
(r) tribal affiliation;
(s) remediation efforts;
(t) an exception from a vision screening required under Section 
53G-9-404
 or
information collected from a vision screening required under Section 
53G-9-404
;
(u) information related to the Utah Registry of Autism and Developmental Disabilities,
described in Section 
26-7-4
;
(v) student injury information;
(w) a cumulative disciplinary record created and maintained as described in Section
53E-9-306
;
(x) juvenile delinquency records;
(y) English language learner status; and
(z) child find and special education evaluation data related to initiation of an IEP.
(18) (a) "Optional student data" means student data that is not:
(i) necessary student data; or
(ii) student data that an education entity may not collect under Section 
53E-9-305
.
(b) "Optional student data" includes:
(i) information that is:
(A) related to an IEP or needed to provide special needs services; and
(B) not necessary student data;
(ii) biometric information; and
(iii) information that is not necessary student data and that is required for a student to
participate in a federal or other program.
(19) "Parent" means a student's parent or legal guardian.
(20) (a) "Personally identifiable student data" means student data that identifies or is
used by the holder to identify a student.
(b) "Personally identifiable student data" includes:
(i) a student's first and last name;
(ii) the first and last name of a student's family member;
(iii) a student's or a student's family's home or physical address;
(iv) a student's email address or other online contact information;
(v) a student's telephone number;
(vi) a student's social security number;
(vii) a student's biometric identifier;
(viii) a student's health or disability data;
(ix) a student's education entity student identification number;
(x) a student's social media user name and password or alias;
(xi) if associated with personally identifiable student data, the student's persistent
identifier, including:
(A) a customer number held in a cookie; or
(B) a processor serial number;
(xii) a combination of a student's last name or photograph with other information that
together permits a person to contact the student online;
(xiii) information about a student or a student's family that a person collects online and
combines with other personally identifiable student data to identify the student; and
(xiv) other information that is linked to a specific student that would allow a
reasonable person in the school community, who does not have first-hand knowledge of the
student, to identify the student with reasonable certainty.
(21) "School official" means an employee or agent of an education entity, if the
education entity has authorized the employee or agent to request or receive student data on
behalf of the education entity.
(22) (a) "Student data" means information about a student at the individual student
level.
(b) "Student data" does not include aggregate or de-identified data.
(23) "Student data disclosure statement" means a student data disclosure statement
described in Section 
53E-9-305
.
(24) "Student data manager" means:
(a) the state student data officer; or
(b) an individual designated as a student data manager by an education entity under
Section 
53E-9-303
.
(25) (a) "Targeted advertising" means presenting advertisements to a student where the
advertisement is selected based on information obtained or inferred over time from that
student's online behavior, usage of applications, or student data.
(b) "Targeted advertising" does not include advertising to a student:
(i) at an online location based upon that student's current visit to that location; or
(ii) in response to that student's request for information or feedback, without retention
of that student's online activities or requests over time for the purpose of targeting subsequent
ads.
(26) "Third-party contractor" means a person who:
(a) is not an education entity; and
(b) pursuant to a contract with an education entity, collects or receives student data in
order to provide a product or service, as described in the contract, if the product or service is
not related to school photography, yearbooks, graduation announcements, or a similar product
or service.
Section 5. Section 
53F-6-301
 is amended to read:
53F-6-301.
Definitions.
As used in this part:
(1) "Board" means the School Readiness Board, created in Section [
53F-6-302
]
35A-3-209
.
(2) "Economically disadvantaged" means [
a student who:
] 
to be eligible to receive free
or reduced price lunch.
[
(a) is eligible to receive free lunch;
]
[
(b) is eligible to receive reduced price lunch; or
]
[
(c) (i) is not otherwise accounted for in Subsection (2)(a) or (b); and
]
[
(ii) (A) is enrolled in a Provision 2 or Provision 3 school, as defined by the United
States Department of Agriculture;
]
[
(B) has a Declaration of Household Income on file;
]
[
(C) is eligible for a fee waiver; or
]
[
(D) is enrolled at a school that does not offer a lunch program and is a sibling of a
student accounted for in Subsection (2)(a) or (b).
]
(3) "Eligible home-based educational technology provider" means a provider that
intends to offer a home-based educational technology program.
(4) "Eligible LEA" means an LEA that has a data system capacity to collect
longitudinal academic outcome data, including special education use by student, by identifying
each student with a statewide unique student identifier.
(5) (a) "Eligible private provider" means a child care program that:
(i) (A) except as provided in Subsection (5)(b), is licensed under Title 26, Chapter 39,
Utah Child Care Licensing Act; or
(B) is exempt from licensure under Section 
26-39-403
; and
(ii) meets other criteria as established by the board, consistent with Utah Constitution,
Article X, Section 1.
(b) "Eligible private provider" does not include residential child care, as defined in
Section 
26-39-102
.
(6) "Eligible student" means a student
:
(a)
 who is economically disadvantaged[
.
]
; and
(b) whose parent or legal guardian reports that the student has experienced at least one
risk factor.
(7) "Evaluator" means an independent evaluator selected in accordance with Section
53F-3-309
.
(8) "High quality school readiness program" means a preschool program that:
(a) is provided by an eligible LEA, eligible private provider, or eligible home-based
educational technology provider; and
(b) meets the elements of a high quality school readiness program described in Section
53F-6-304
.
(9) "Investor" means a person that enters into a results-based contract to provide
funding to a high quality school readiness program on the condition that the person will receive
payment in accordance with Section 
53F-6-309
 if the high quality school readiness program
meets the performance outcome measures included in the results-based contract.
[
(7)
] 
(10)
 "Local Education Agency" or "LEA" means a school district or charter
school.
(11) "Pay for success program" means a program funded through a model in which the
program is initially funded through private funding and the entity providing the private funding
receives repayment through public funding if the program achieves certain outcomes.
[
(8)
] 
(12)
 "Performance outcome measure" means a cost avoidance in special education
use for a student at-risk for later special education placement in kindergarten through grade 12
who receives preschool education funded pursuant to a results-based [
school readiness
]
contract.
[
(9) (a) "Private entity" means a private investor or investors that enter into a
results-based school readiness contract.
]
[
(b) "Private entity" includes an authorized representative of the private investor or
investors.
]
(13) "Program intermediary" means an entity selected by the board under Section
35A-3-209
 to coordinate with the Department of Workforce Services to provide program
support to the board.
[
(10)
] 
(14)
 "Results-based [
school readiness
] contract" means a contract [
entered into
by the board, a private entity, and a provider of early childhood education that may result in
repayment to a private entity if certain performance outcome measures are achieved.
] 
that:
(a) is entered into in accordance with Section 
53F-3-309
;
(b) includes a performance outcome measure; and
(c) is between:
(i) the board, a provider of a high quality school readiness program, and an investor; or
(ii) the board and a provider of a high quality school readiness program.
(15) "Risk factor" means:
(a) having a mother who was 18 years old or younger when the child was born;
(b) a member of a child's household is incarcerated;
(c) living in a neighborhood with high violence or crime;
(d) having one or both parents with a low reading ability;
(e) moving at least once in the past year;
(f) having ever been in foster care;
(g) living with multiple families in the same household;
(h) having exposure in a child's home to:
(i) physical abuse or domestic violence;
(ii) substance abuse;
(iii) the death or chronic illness of a parent or sibling; or
(iv) mental illness;
(i) the primary language spoken in a child's home is a language other than English; or
(j) having at least one parent who has not completed high school.
[
(11)
] 
(16)
 "Student at-risk for later special education placement" means [
a preschool
]
an eligible
 student who, at preschool entry, scores [
at or below
] 
at least
 two standard deviations
below the mean on the assessment selected by the board under Section 
53F-6-309
.
Section 6. Section 
53F-6-303
 is amended to read:
53F-6-303.
School Readiness Restricted Account.
As described in Section [
53F-9-402
] 
35A-3-210
, the School Readiness Restricted
Account provides funding for this part.
Section 7. Section 
53F-6-305
 is amended to read:
53F-6-305.
High Quality School Readiness Grant Program.
(1) The High Quality School Readiness Grant Program is created to provide grants to
the following, in order to upgrade an existing preschool or home-based 
educational
 technology
program to a high quality school readiness program:
(a) an eligible private provider;
(b) an eligible LEA; or
(c) an eligible home-based educational technology provider.
(2) The State Board of Education shall:
(a) solicit proposals from eligible LEAs; and
(b) make recommendations to the board to award grants to respondents based on
criteria described in Subsection (5).
(3) The Department of Workforce Services shall:
(a) solicit proposals from eligible private providers and eligible home-based
educational technology providers; and
(b) make recommendations to the board to award grants to respondents based on
criteria described in Subsection (5).
(4) Subject to legislative appropriations, 
and the prioritization described in Section
35A-3-209
,
 the board shall award grants to respondents based on:
(a) the recommendations of the State Board of Education;
(b) the recommendations of the Department of Workforce Services; and
(c) the criteria described in Subsection (5).
(5) (a) In awarding a grant under Subsection (4), the State Board of Education,
Department of Workforce Services, and the board shall consider:
(i) a respondent's capacity to effectively implement the components described in
Section 
53F-6-304
;
(ii) the percentage of a respondent's students who are [
economically disadvantaged
]
eligible students
; and
(iii) the level of administrative support and leadership at a respondent's program to
effectively implement, monitor, and evaluate the program.
(b) The board may not award a grant to an LEA without obtaining approval from the
State Board of Education to award the grant to the LEA.
(6) To receive a grant under this section, a respondent that is an eligible LEA shall
submit a proposal to the State Board of Education detailing:
(a) the respondent's strategy to implement the high quality components described in
[
Subsection 
53F-6-304
(1)
] 
Section 
53F-6-304
;
(b) the number of students the respondent plans to serve, categorized by age and
[
economically disadvantaged status
] 
whether the students are eligible students
;
(c) the number of high quality [
preschool
] 
school readiness program
 classrooms the
respondent plans to operate; and
(d) the estimated cost per student.
(7) To receive a grant under this section, a respondent that is an eligible private
provider or an eligible home-based educational technology provider shall submit a proposal to
the Department of Workforce Services detailing:
(a) the respondent's strategy to implement the high quality components described in
Section 
53F-6-304
;
(b) the number of students the respondent plans to serve, categorized by age and
[
economically disadvantaged status
] 
whether the students are eligible students
;
(c) for a respondent that is an eligible private provider, the number of high quality
[
preschool
] 
school readiness program
 classrooms the respondent plans to operate; and
(d) the estimated cost per student.
[
(8) All recipients of grants
]
(8) (a) A recipient of a grant
 under this section shall [
establish a preschool or
home-based educational technology program with the
] 
use the grant to move the recipient's
preschool program toward achieving the
 components described in Section 
53F-6-304
.
(b) A recipient of a grant under this section may not enter into a results-based contract
while the recipient receives the grant.
(9) (a) A grant recipient shall allow classroom or other visits by an [
independent
evaluator chosen by the board in accordance with Section 
53F-6-309
] 
evaluator
.
(b) The [
independent
] evaluator shall:
(i) determine whether a grant recipient has effectively implemented the components
described in Section 
53F-6-304
; and
(ii) report the [
independent
] evaluator's findings to the board.
[
(10) (a) A grant recipient that is an eligible LEA shall assign a statewide unique
student identifier to each eligible student funded pursuant to a grant received under this
section.
]
[
(b) A grant recipient that is an eligible private provider or an eligible home-based
educational technology provider shall work in conjunction with the State Board of Education to
assign a statewide unique student identifier to each eligible student funded pursuant to a grant
received under this section.
]
(10) A recipient of a grant under this section shall ensure that each student who is
enrolled in a classroom or who uses a home-based educational technology program supported
by the grant has a unique student identifier by:
(a) if the recipient is an eligible LEA, assigning a unique student identifier to each
student enrolled in the classroom; or
(b) if the recipient is an eligible private provider or eligible home-based educational
technology provider, working with the State Board of Education to assign a unique student
identifier to each student enrolled in the classroom or who uses the home-based educational
technology program.
(11) A grant recipient that is an LEA shall report annually to the board and the State
Board of Education the following:
(a) number of students served by the preschool, [
reported by economically
disadvantaged status
] 
including the number of students who are eligible students
;
(b) attendance;
(c) cost per student; and
(d) assessment results.
(12) A grant recipient that is an eligible private provider or an eligible home-based
educational technology provider shall report annually to the board and the Department of
Workforce Services the following:
(a) number of students served by the preschool or program, [
reported by economically
disadvantaged status
] 
including the number of students who are eligible students
;
(b) attendance;
(c) cost per student; and
(d) assessment results.
(13) The State Board of Education and the Department of Workforce Services shall
make rules to effectively administer and monitor the [
High Quality School Readiness Grant
Program
] 
grant program described in this section
, including:
(a) requiring grant recipients to use the pre- and post-assessment selected by the board
in accordance with Section 
53F-6-309
; and
(b) establishing reporting requirements for grant recipients.
(14) At the request of the board, the State Board of Education and the Department of
Workforce Services shall annually share the information received from grant recipients
described in Subsections (11) and (12) with the board.
Section 8. Section 
53F-6-306
 is repealed and reenacted to read:
 53F-6-306.
Requirements for a school readiness program to receive funding
through a results-based contract.
(1) As used in this section:
(a) "Participating program operator" means an eligible LEA, an eligible private
provider, or an eligible home-based educational technology provider, that is a party to a
results-based contract.
(b) "Program" means a school readiness program funded through a results-based
contract.
(2) (a) Subject to the requirements of this part, an eligible LEA, an eligible private
provider, or an eligible home-based educational technology provider that operates a high
quality school readiness program may enter into and receive funding through a results-based
contract.
(b) An eligible LEA, an eligible private provider, or an eligible home-based
educational technology provider may not enter into a results-based contract while receiving a
grant under Section 
53F-6-305
.
(3) A participating program operator shall ensure that each student who is enrolled in a
classroom, or who uses a home-based educational technology, that is part of a participating
program operator's program has a unique student identifier by:
(a) if the participating program operator is an eligible LEA, assigning a unique student
identifier to each student enrolled in the classroom; or
(b) if the participating program operator is an eligible private provider or eligible
home-based technology provider, working with the State Board of Education to assign a unique
student identifier to each student enrolled in the classroom or who uses the home-based
educational technology.
(4) A participating program operator may not use funds received through a
results-based contract to supplant funds for an existing high quality school readiness program,
but may use the funds to supplement an existing high quality school readiness program.
(5) (a) If not prohibited by the Elementary and Secondary Education Act of 1965, 20
U.S.C. Secs. 6301-6576, a participating program operator may charge a sliding scale fee, based
on household income, to a student enrolled in the participating program operator's program.
(b) A participating program operator may use grants, scholarships, or other money to
help fund the program.
(6) A participating program operator shall:
(a) select an evaluator to annually evaluate:
(i) the results of the pre- and post-assessment described in Section 
53F-6-309
 for each
eligible student funded through a results-based contract;
(ii) performance on the performance outcome measure as described in Section
53F-6-309
; and
(iii) for a participating program operator that is a home-based educational technology
provider, whether the home-based educational technology is being used with fidelity; and
(b) allow classroom visits to ensure the program meets the requirements described in
this part by:
(i) the evaluator;
(ii) the program intermediary;
(iii) the investor, if applicable;
(iv) the State Board of Education; and
(v) the Department of Workforce Services.
(7) (a) A participating program operator that is an eligible LEA may contract with an
eligible private provider to provide a high quality school readiness program to a portion of the
LEA's eligible students if:
(i) the results-based contract specifies the number of students to be served by the
eligible private provider;
(ii) the eligible private provider meets the requirements described in this section for a
participating program operator;
(iii) the eligible private provider reports the information described in Section
53F-6-310
 to the board and the contracting eligible LEA; and
(iv) the contractual partnership is consistent with Utah Constitution, Article X, Section
1.
(b) An eligible LEA that contracts with an eligible private provider shall provide
supportive services to the eligible private provider, which may include:
(i) professional development;
(ii) staffing or staff support;
(iii) materials; or
(iv) assessments.
Section 9. Section 
53F-6-309
 is amended to read:
53F-6-309.
Results-based contracts -- Assessment selection -- Independent
evaluators.
[
(1) (a) The board may negotiate and enter into a results-based contract with a private
entity, selected through a competitive process, to fund:
]
[
(i) a high quality preschool program described in Section 
53F-6-306
;
]
[
(ii) a high quality preschool program described in Section 
53F-6-307
; or
]
[
(iii) a home-based education technology program described in Section 53F-6-308.
]
[
(b) The board may not issue a results-based contract if the total outstanding
obligations of results-based contracts issued by the board under this part would exceed
$15,000,000 at any one time.
]
(1) The board may enter into a results-based contract to fund participation of eligible
students in a high quality school readiness program in accordance with Section 
35A-3-209
 and
this part.
(2) (a) Except as provided in Subsection (3), the board shall include an investor as a
party to a results-based contract.
[
(c)
] 
(b)
 The board may provide for a repayment to [
a private entity
] 
an investor
 to
include a return of investment and an additional return on investment, dependent on
achievement of [
specific
] 
the
 performance outcome measures set in the results-based contract.
[
(d)
] 
(c)
 The additional return on investment described in Subsection [
(1)(c)
] 
(2)(b)
may not exceed 5% above the current Municipal Market Data General Obligation Bond AAA
scale for a 10 year maturity at the time of the issuance of the results-based [
school readiness
]
contract.
[
(e)
] 
(d)
 Funding obtained for an early education program [
under this part
] 
through a
results-based contract that includes an investor
 is not a procurement item under Section
63G-6a-103
.
[
(2)
] 
(e)
 [
A contract
] 
A results-based contract that includes an investor
 shall include:
[
(a)
] 
(i)
 a requirement that the repayment to the [
private entity
] 
investor
 be conditioned
on [
specific
] 
achieving the
 performance outcome measures set in the results-based contract;
[
(b)
] 
(ii)
 a requirement for an [
independent
] evaluator to determine whether the
performance [
outcomes
] 
outcome measures
 have been achieved;
[
(c)
] 
(iii)
 a provision that repayment to the [
private entity
] 
investor
 is:
[
(i)
] 
(A)
 based upon available money in the School Readiness Restricted Account
described in Section 
35A-3-210
; and
[
(ii)
] 
(B)
 subject to legislative [
appropriation
] 
appropriations
; and
[
(d)
] 
(iv) a provision
 that the [
private entity
] 
investor
 is not eligible to receive or view
[
any
] personally identifiable student data of students funded through [
a
] 
the
 results-based
contract.
(f) The board may not issue a results-based contract that includes an investor as a party
to the contract if the total outstanding obligations of results-based contracts that include an
investor as a party to the contract would exceed $15,000,000 at any one time.
(3) (a) The board may enter into a results-based contract to directly fund a high quality
school readiness program that has at least four years of data for at least one cohort of students
showing that the high quality school readiness program has met a performance outcome
measure.
(b) A results-based contract described in Subsection (3)(a):
(i) does not require an investor; and
(ii) shall include a provision that:
(A) requires that in order to continue receiving funding, the high quality school
readiness program continue to meet a performance outcome measure; and
(B) provides an improvement time frame during which the high quality school
readiness program may continue to receive funding if the high quality school readiness
program fails to continue to meet the performance outcome measure.
[
(3) The board shall select an independent, nationally recognized early childhood
education evaluator, selected through a request for proposals process, to annually evaluate:
]
[
(a) performance outcome measures set in a results-based contract of the board; and
]
[
(b) a High Quality School Readiness Grant Program recipient's program.
]
(4) The board shall select a uniform assessment of age-appropriate cognitive or
language skills that:
(a) is nationally norm-referenced;
(b) has established reliability;
(c) has established validity with other similar measures and with later school outcomes;
and
(d) has strong psychometric characteristics.
(5) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the board
shall select at least three independent evaluators with experience in:
(i) evaluating school readiness programs; and
(ii) administering the assessment selected under Subsection (4).
(b) An eligible LEA, eligible private provider, or eligible home-based educational
technology provider that has a results-based contract shall select one of the evaluators
described in Subsection (5)(a) to conduct an evaluation described in Section 
53F-6-306
.
(c) The board shall select one of the evaluators described in Subsection (5)(a) to
conduct an evaluation described in Section 
53F-6-305
.
[
(5)
] 
(6)
 (a) At the end of each year of a results-based contract after a student funded
through a results-based contract completes kindergarten, the independent evaluator 
described in
Subsection (5)(b)
 shall determine whether the performance outcome measures set in the
results-based contract have been met.
[
(b) If the independent evaluator determines under Subsection (5)(a) that the
performance outcome measures have been met, the board may pay the private entity according
to the terms of the results-based contract.
]
(b) The board may not pay an investor unless the evaluation described in Subsection
(6)(a) determines that the performance outcome measures in the results-based contract have
been met.
[
(6)
] 
(7)
 (a) The board shall ensure that a parent or guardian of an eligible student
participating in a program funded [
pursuant to
] 
through
 a results-based contract has given
permission and signed an acknowledgment that the student's data may be shared with an
independent evaluator for research and evaluation purposes
, subject to federal law
.
(b) The board shall maintain documentation of parental permission required in
Subsection [
(6)(a)
] 
(7)(a)
.
Section 10. Section 
53F-6-310
 is amended to read:
53F-6-310.
Reporting requirements for a recipient of funding through a
results-based contract -- Reporting to the Legislature.
(1) An eligible LEA, eligible private provider, or eligible home-based educational
technology provider that receives funds [
pursuant to
] 
through
 a results-based contract [
under
this part
] shall report annually to the board the following de-identified information for eligible
students funded in whole or in part [
pursuant to a
] 
through the
 results-based contract:
(a) 
the
 number of eligible students served by the [
recipient's preschool or home-based
educational technology program
] 
high quality school readiness program
, reported by
economically disadvantaged status [
and
]
,
 English language learner status
, and the number of
risk factors reported for each eligible student
;
(b) attendance;
(c) cost per eligible student;
(d) assessment results of the pre- and post-assessments [
selected by the board; and
]
described in Section 
53F-6-309
;
(e) results of the assessments described in Section 
53E-4-314
; and
(f) for an eligible home-based educational technology provider, the average time, and
range of time usage, that an eligible student who does not attend another preschool program
spends using the home-based educational technology program per week.
[
(e)
] 
(2) The State Board of Education shall annually share with the board
 aggregated
longitudinal data on eligible students currently [
receiving funding
] 
funded
 under this part and
any eligible students who previously [
received funding
] 
funded
 under this part, including:
[
(i)
] 
(a)
 academic achievement outcomes;
[
(ii)
] 
(b)
 special education use; [
and
]
[
(iii)
] 
(c)
 English language learner services[
.
]
; and
(d) scores on the kindergarten entry and exit assessment described in Section
53F-4-205
.
[
(2)
] 
(3)
 For each year of a results-based contract, the board shall report to the
Education Interim Committee [
the following
] 
and the Economic Development and Workforce
Services Interim Committee
:
(a) information [
collected under
] 
described in
 Subsection (1) for each participating
LEA, private provider, and home-based educational technology provider; [
and
]
(b) the data described in Subsection (2); and
[
(b)
] 
(c)
 the terms of [
the
] 
each
 results-based contract, including
, as applicable
:
(i) the name of [
each private entity
] 
the investor
 and funding source;
(ii) the amount of money each [
private entity
] 
investor
 has invested;
(iii) the performance outcome measures set in the results-based contract by which
repayment [
will be
] 
is
 determined; and
(iv) the repayment schedule to the [
private entity
] 
investor
 if the performance
[
outcomes are
] 
outcome measures are
 met.
Section 11. Section 
63J-1-602.2
 is amended to read:
63J-1-602.2.
List of nonlapsing funds and accounts -- Title 31 through Title 45.
(1) Appropriations from the Technology Development Restricted Account created in
Section 
31A-3-104
.
(2) Appropriations from the Criminal Background Check Restricted Account created in
Section 
31A-3-105
.
(3) Appropriations from the Captive Insurance Restricted Account created in Section
31A-3-304
, except to the extent that Section 
31A-3-304
 makes the money received under that
section free revenue.
(4) Appropriations from the Title Licensee Enforcement Restricted Account created in
Section 
31A-23a-415
.
(5) Appropriations from the Health Insurance Actuarial Review Restricted Account
created in Section 
31A-30-115
.
(6) Appropriations from the Insurance Fraud Investigation Restricted Account created
in Section 
31A-31-108
.
(7) Appropriations from the Underage Drinking Prevention Media and Education
Campaign Restricted Account created in Section 
32B-2-306
.
(8) The School Readiness Restricted Account created in Section 
35A-3-210
.
[
(8)
] 
(9)
 Funding for the General Assistance program administered by the Department
of Workforce Services, as provided in Section 
35A-3-401
.
[
(9)
] 
(10)
 The Youth Development Organization Restricted Account created in Section
35A-8-1903
.
[
(10)
] 
(11)
 The Youth Character Organization Restricted Account created in Section
35A-8-2003
.
(12) Money received by the Utah State Office of Rehabilitation for the sale of certain
products or services, as provided in Section 
35A-13-202
.
[
(11)
] 
(13)
 Funding for a new program or agency that is designated as nonlapsing under
Section 
36-24-101
.
[
(12)
] 
(14)
 Appropriations to the Utah National Guard, created in Title 39, Militia and
Armories.
[
(13)
] 
(15)
 Appropriations from the Oil and Gas Conservation Account created in
Section 
40-6-14.5
.
[
(14)
] 
(16)
 Appropriations from the Electronic Payment Fee Restricted Account
created by Section 
41-1a-121
 to the Motor Vehicle Division.
[
(15)
] 
(17)
 Funds available to the Tax Commission under Section 
41-1a-1201
 for the:
(a) purchase and distribution of license plates and decals; and
(b) administration and enforcement of motor vehicle registration requirements.
[
(16)
] 
(18)
 Appropriations from the Motor Vehicle Enforcement Division Temporary
Permit Restricted Account created by Section 
41-3-110
 to the Tax Commission.
Section 12. Section 
63J-1-602.3
 is amended to read:
63J-1-602.3.
List of nonlapsing funds and accounts -- Title 46 through Title 60.
(1) The Utah Law Enforcement Memorial Support Restricted Account created in
Section 
53-1-120
.
(2) Funding for the Search and Rescue Financial Assistance Program, as provided in
Section 
53-2a-1102
.
(3) Appropriations made to the Division of Emergency Management from the State
Disaster Recovery Restricted Account, as provided in Section 
53-2a-603
.
(4) Appropriations made to the Department of Public Safety from the Department of
Public Safety Restricted Account, as provided in Section 
53-3-106
.
(5) Appropriations to the Motorcycle Rider Education Program, as provided in Section
53-3-905
.
(6) Appropriations from the Utah Highway Patrol Aero Bureau Restricted Account
created in Section 
53-8-303
.
(7) Appropriations from the DNA Specimen Restricted Account created in Section
53-10-407
.
(8) The Canine Body Armor Restricted Account created in Section 
53-16-201
.
[
(9) The School Readiness Restricted Account created in Section 
53A-1b-104
.
]
[
(10) Appropriations to the State Board of Education, as provided in Section
53A-17a-105
.
]
[
(11) Money received by the Utah State Office of Rehabilitation for the sale of certain
products or services, as provided in Section 
35A-13-202
.
]
[
(12)
] 
(9)
 Certain funds appropriated from the General Fund to the State Board of
Regents for teacher preparation programs, as provided in Section 
53B-6-104
.
[
(13)
] 
(10)
 Funding for the Medical Education Program administered by the Medical
Education Council, as provided in Section 
53B-24-202
.
[
(14)
] 
(11)
 A certain portion of money collected for administrative costs under the
School Institutional Trust Lands Management Act, as provided under Section 
53C-3-202
.
(12) Appropriations to the State Board of Education, as provided in Section 
53F-2-205
.
[
(15)
] 
(13)
 Subject to Subsection 
54-5-1.5
(4)(d), appropriations from the Public Utility
Regulatory Restricted Account created in Section 
54-5-1.5
. 
[
(16)
] 
(14)
 Certain fines collected by the Division of Occupational and Professional
Licensing for violation of unlawful or unprofessional conduct that are used for education and
enforcement purposes, as provided in Section 
58-17b-505
.
[
(17)
] 
(15)
 Certain fines collected by the Division of Occupational and Professional
Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
provided in Section 
58-63-103
.
[
(18)
] 
(16)
 Appropriations from the Relative Value Study Restricted Account created
in Section 
59-9-105
.
[
(19)
] 
(17)
 The Cigarette Tax Restricted Account created in Section 
59-14-204
.
Section 13. 
Repealer.
This bill repeals:
Section 
53F-6-307
,
High quality preschool programs for eligible private providers.
Section 
53F-6-308
,
Home-based educational technology for school readiness.
Section 14. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2018, and ending June 30, 2019. These are additions to amounts previously appropriated for
fiscal year 2019. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To Department of Workforce Services - Operations and Policy
From General Fund Restricted - School Readiness Account
$2,935,700
From General Fund Restricted - School Readiness Account,
One-time
$7,341,200
Schedule of Programs:
Workforce Development $10,276,900
ITEM 2
To State Board of Education - State Administrative Office
From General Fund Restricted - School Readiness Account
$64,300
From General Fund Restricted - School Readiness Account,
One-time
$70,800
Schedule of Programs:
Data and Statistics $14,400
Information Technology $120,700
ITEM 3
To State Board of Education - General System Support
From General Fund Restricted - School Readiness Account,
One-time
$88,000
 Schedule of Programs:
 Teaching and Learning $88,000
ITEM 4
To Governor's Office - Governor's Office of Management and Budget
From General Fund Restricted - School Readiness Account
($200,000)
Schedule of Programs:
School Readiness Initiative ($200,000)
ITEM 5
To Governor's Office - School Readiness Initiative
From General Fund Restricted - School Readiness Account
($2,800,000)
Schedule of Programs:
School Readiness Initiative ($2,800,000)
The Legislature intends that the Division of Finance lapse any un-expended balances
remaining in the Governor's Office - School Readiness Initiative line item back to the General
Fund Restricted - School Readiness Account at the close of fiscal year 2018.
Section 15. 
Effective date.
This bill takes effect on July 1, 2018.