Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 99 First Substitute (2020GS)

Sponsor

Rep. Snow, V. L.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• amends provisions regarding funding for enhanced kindergarten early intervention programs to require assessment outcomes for an LEA to receive continued funding distributions;
• provides for the reporting of school readiness assessment data in circumstances outside the High Quality School Readiness Grant Program;
• moves a requirement for kindergarten entry and exit assessments between programs;
• repeals an expiring kindergarten program; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

ENHANCED KINDERGARTEN AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: V. Lowry Snow
Senate Sponsor: 
Lyle W. Hillyard
LONG TITLE
General Description:
This bill addresses requirements and funding for optional enhanced kindergarten.
Highlighted Provisions:
This bill:
▸ amends provisions regarding funding for enhanced kindergarten early intervention
programs to require assessment outcomes for an LEA to receive continued funding
distributions;
▸ provides for the reporting of school readiness assessment data in circumstances
outside the High Quality School Readiness Grant Program;
▸ moves a requirement for kindergarten entry and exit assessments between programs;
▸ repeals an expiring kindergarten program; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2021:
▸ to the State Board of Education - Minimum School Program - Related to Basic
School Programs, as an ongoing appropriation:
• from the Education Fund, $9,955,000; and
▸ to the State Board of Education - MSP Categorical Program Administration, as an
ongoing appropriation:
• from the Education Fund, $45,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
35A-15-102
, as last amended by Laws of Utah 2019, Chapters 136, 186 and
renumbered and amended by Laws of Utah 2019, Chapter 342 and last amended by
Coordination Clause, Laws of Utah 2019, Chapter 342
53E-4-314
, as last amended by Laws of Utah 2019, Chapters 186 and 342
53F-2-507
, as last amended by Laws of Utah 2019, Chapter 186
53F-4-406
, as last amended by Laws of Utah 2019, Chapters 186 and 342
REPEALS:
53F-4-205
, as last amended by Laws of Utah 2019, Chapter 186
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
35A-15-102
 is amended to read:
35A-15-102.
Definitions.
As used in this chapter:
(1) "Board" means the School Readiness Board, created in Section 
35A-15-201
.
(2) "Economically disadvantaged" means to be eligible to receive free or reduced price
lunch.
(3) "Eligible home-based educational technology provider" means a provider that
offers a home-based educational technology program to develop the school readiness skills of
an eligible student.
(4) (a) "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.
(b) "Eligible LEA" includes a program exempt from licensure under Subsection
26-39-403
(2)(c).
(5) (a) "Eligible private provider" means a child care program that:
(i) is licensed under Title 26, Chapter 39, Utah Child Care Licensing Act; or
(ii) except as provided in Subsection (5)(b)(ii), is exempt from licensure under Section
26-39-403
.
(b) "Eligible private provider" does not include:
(i) residential child care, as defined in Section 
26-39-102
; or
(ii) a program exempt from licensure under Subsection 
26-39-403
(2)(c).
(6) "Eligible student" means a student:
(a) (i) who is age three, four, or five; and
(ii) is not eligible for enrollment under Subsection 
53G-4-402
(6); and
(b) (i) (A) who is economically disadvantaged; and
(B) whose parent or legal guardian reports that the student has experienced at least one
risk factor; or
(ii) is an English learner.
(7) "Evaluation" means an evaluation conducted in accordance with Section
35A-15-303
.
(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
35A-15-202
.
(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 
35A-15-402
 if the high quality school readiness program
meets the performance outcome measures included in the results-based contract.
(10) "Kindergarten assessment" means the kindergarten entry assessment described in
Section [
53F-4-205
] 
53F-2-507
.
(11) "Kindergarten transition plan" means a plan that supports the smooth transition of
a preschool student to kindergarten and includes communication and alignment among the
preschool, program, parents, and K-12 personnel.
(12) "Local Education Agency" or "LEA" means a school district or charter school.
(13) "Performance outcome measure" means:
(a) indicators, as determined by the board, on the school readiness assessment and the
kindergarten assessment; or
(b) for a results-based contract, the indicators included in the contract.
(14) "Results-based contract" means a contract that:
(a) is entered into in accordance with Section 
35A-15-402
;
(b) includes a performance outcome measure; and
(c) is between the board, a provider of a high quality school readiness program, and an
investor.
(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.
(16) "School readiness assessment" means the same as that term is defined in Section
53E-4-314
.
(17) "Tool" means the tool developed in accordance with Section 
35A-15-303
.
Section 2. Section 
53E-4-314
 is amended to read:
53E-4-314.
School readiness assessment.
(1) As used in this section:
(a) "School readiness assessment" means a preschool entry and exit profile that
measures literacy, numeracy, and lifelong learning practices developed in a student.
(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 Title 35A, Chapter 15, Preschool Programs.
(2) The state board shall develop a school readiness assessment that aligns with the
kindergarten entry and exit assessment described in Section [
53F-4-205
] 
53F-2-507
.
(3) A school readiness program shall:
(a) except as provided in Subsection (4), administer to each student who participates in
the school readiness program the school readiness assessment at the beginning and 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 the
School Readiness Board created in Section 
35A-15-201
.
(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.
(5) (a) The following may submit school readiness assessment data to the School
Readiness Board created in Section 
35A-15-201
:
(i) a private child care provider; or
(ii) an LEA on behalf of a school that is not participating in the High Quality School
Readiness Grant Program described in Section 
35A-15-301
.
(b) If a private child care provider or LEA submits school readiness assessment data to
the School Readiness Board under Subsection (5)(a), the state board shall include the school
readiness assessment data in the report described in Subsection 
35A-15-303
(5).
Section 3. Section 
53F-2-507
 is amended to read:
53F-2-507.
Enhanced kindergarten early intervention program.
(1) The state board 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) An LEA governing board shall use funds appropriated in this section for a school
district or charter school 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) An LEA governing board may not require a student to participate in an enhanced
kindergarten program described in Subsection (2).
(4) [
The
] 
Subject to Subsection (6), the
 state board 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 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 school district.
(5) (a) The state board shall:
(i) develop and collect data from kindergarten entry and exit assessments; and
(ii) make rules regarding the administration of and reporting regarding the assessments.
(b) An LEA shall administer the entry and exit assessments described in Subsection
(5)(a) to each kindergarten student.
(6) For an LEA that receives funds under Subsection (4):
(a) the LEA shall report to the state board the results of the entry and exit assessments
described in Subsection (5)(a) in relation to each kindergarten student in the LEA; and
(b) the LEA is not eligible for subsequent distributions under Subsection (4) unless the
results of the entry and exit assessments demonstrate successful outcomes of the LEA's
enhanced kindergarten program, as determined by the board.
Section 4. Section 
53F-4-406
 is amended to read:
53F-4-406.
Audit and evaluation.
(1) The state auditor shall every three years:
(a) conduct an audit of the contractor's use of funds for UPSTART; or
(b) contract with an independent certified public accountant to conduct an audit.
(2) The state board shall:
(a) require by contract that the contractor will open its books and records relating to its
expenditure of funds pursuant to the contract to the state auditor or the state auditor's designee;
(b) reimburse the state auditor for the actual and necessary costs of the audit; and
(c) contract with an independent, qualified evaluator, selected through a request for
proposals process, to evaluate the home-based educational technology program for preschool
children.
(3) The evaluator described in Subsection (2)(c) shall use, among other indicators,
assessment scores from an assessment described in Section [
53F-4-205
] 
53F-2-507
 to evaluate
whether the contractor has effectively prepared preschool children for academic success as
described in Section 
53F-4-402
.
(4) Of the money appropriated by the Legislature for UPSTART, excluding funds used
to provide computers, peripheral equipment, and Internet service to families, no more than
7.5% of the appropriation not to exceed $600,000 may be used for the evaluation and
administration of the program.
Section 5. 
Repealer.
This bill repeals:
Section 
53F-4-205
,
Kindergarten supplemental enrichment program.
Section 6. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
fiscal year 2021. 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 State Board of Education - Minimum School Program - Related to Basic School 
 Programs
From Education Fund
$9,955,000
Schedule of Programs:
Early Intervention
$9,955,000
ITEM 2
To State Board of Education - MSP Categorical Program Administration
From Education Fund
$45,000
Schedule of Programs:
High Quality School Readiness Grant Program
$45,000