Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 193 Fifth Substitute (2022GS)

Sponsor

Rep. Waldrip, S.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• clarifies that kindergarten remains optional;
• establishes distribution standards for the distribution of increased funding for the optional enhanced kindergarten grant program;
• requires the Public Education Appropriations Subcommittee to study the feasibility of transferring ongoing appropriations for optional enhanced kindergarten to the weighted pupil unit if those appropriations reach a certain threshold;
• relocates a requirement for kindergarten entry and exit assessments from the optional enhanced kindergarten grant program;
• amends a definition and school year provisions in relation to a preschool reading program; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

FULL-DAY KINDERGARTEN
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Waldrip
Senate Sponsor: 
Ann Millner
Cosponsors:
Carl R. Albrecht
Melissa G. Ballard
Gay Lynn Bennion
Joel K. Briscoe
Clare Collard
Jennifer Dailey-Provost
Stephen G. Handy
Suzanne Harrison
Sandra Hollins
Dan N. Johnson
Karen Kwan
Ashlee Matthews
Carol Spackman Moss
Calvin R. Musselman
Doug Owens
Karen M. Peterson
Stephanie Pitcher
Judy Weeks Rohner
Angela Romero
V. Lowry Snow
Robert M. Spendlove
Andrew Stoddard
Elizabeth Weight
Douglas R. Welton
Mark A. Wheatley
Mike Winder
LONG TITLE
General Description:
This bill amends provisions related to optional enhanced kindergarten.
Highlighted Provisions:
This bill:
▸ clarifies that kindergarten remains optional;
▸ establishes distribution standards for the distribution of increased funding for the
optional enhanced kindergarten grant program;
▸ requires the Public Education Appropriations Subcommittee to study the feasibility
of transferring ongoing appropriations for optional enhanced kindergarten to the
weighted pupil unit if those appropriations reach a certain threshold;
▸ relocates a requirement for kindergarten entry and exit assessments from the
optional enhanced kindergarten grant program;
▸ amends a definition and school year provisions in relation to a preschool reading
program; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2023:
▸ to the Minimum School Program - Related to Basic School Programs:
• From the Uniform School Fund, $12,200,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
35A-15-102
, as last amended by Laws of Utah 2020, Chapter 171
53E-4-314
, as last amended by Laws of Utah 2020, Chapter 171
53F-2-507
, as last amended by Laws of Utah 2020, Chapter 171
53F-4-401
, as last amended by Laws of Utah 2021, First Special Session, Chapter 14
53F-4-404
, as last amended by Laws of Utah 2021, First Special Session, Chapter 14
53F-4-406
, as last amended by Laws of Utah 2020, Chapter 171
53G-7-203
, as last amended by Laws of Utah 2019, Chapter 293
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-2-507
] 
53G-7-203
.
(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-2-507
] 
53G-7-203
.
(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) [
Subject to Subsection (6)
] 
Except as provided in Subsection (5)
, 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.
]
(5) Notwithstanding Subsection (4), the state board shall:
(a) distribute any increased funds appropriated under this section after January 1, 2022,
for a full-day kindergarten program described in Subsection 
53G-7-203
(5) to LEAs with the
greatest need for a full-day kindergarten program, as determined by the state board; and
(b) in making the distribution described in Subsection (5)(a), consider geography,
socioeconomic need, the LEA's receipt of ongoing federal funding, and efforts to expand
full-day kindergarten statewide.
(6) If the amount appropriated for kindergarten under this section is equal to or greater
than 80% of the potential cost of adjusting the WPU weighting for a kindergarten student under
Section 
53F-2-302
 to a full WPU, the Public Education Appropriations Subcommittee shall
study the feasibility of transferring kindergarten funding to the WPU.
Section 4. Section 
53F-4-401
 is amended to read:
53F-4-401.
Definitions.
As used in this part:
(1) "Contractor" means the educational technology provider selected by the state board
under Section 
53F-4-402
.
(2) "Intergenerational poverty" means the same as that term is defined in Section
35A-9-102
.
(3) "Preschool child" means a child who is:
(a) (i) four or five years old; and
(ii) not eligible for enrollment under Subsection 
53G-4-402
(6); or
(b) in the 2021-2022 
or 2022-2023
 school year, eligible for enrollment in kindergarten
or enrolled in kindergarten.
(4) (a) "Private preschool provider" means a child care program that:
(i) (A) is licensed under Title 26, Chapter 39, Utah Child Care Licensing Act; or
(B) except as provided in Subsection (4)(b)(ii), is exempt from licensure under Section
26-39-403
; and
(ii) meets other criteria as established by the state board, consistent with Utah
Constitution, Article X, Section 1.
(b) "Private preschool provider" does not include:
(i) a residential certificate provider described in Section 
26-39-402
; or
(ii) a program exempt from licensure under Subsection 
26-39-403
(2)(c).
(5) "Public preschool" means a preschool program that is provided by a school district
or charter school.
(6) "Qualifying participant" means a preschool child who:
(a) resides within the boundaries of a qualifying school as determined under Section
53G-6-302
; or
(b) is enrolled in a qualifying preschool.
(7) "Qualifying preschool" means a public preschool or private preschool provider that:
(a) serves preschool children covered by child care subsidies funded by the Child Care
and Development Block Grant Program authorized under 42 U.S.C. Secs. 9857-9858r;
(b) participates in a federally assisted meal program that provides funds to licensed
child care centers as authorized under Section 
53E-3-501
; or
(c) is located within the boundaries of a qualifying school.
(8) "Qualifying school" means a school district elementary school that:
(a) has at least 50% of students who were eligible to receive free or reduced lunch the
previous school year;
(b) is a school with a high percentage, as determined by the Department of Workforce
Services through rule and based on the previous school year enrollments, of students
experiencing intergenerational poverty; or
(c) is located in one of the following school districts:
(i) Beaver School District;
(ii) Carbon School District;
(iii) Daggett School District;
(iv) Duchesne School District;
(v) Emery School District;
(vi) Garfield School District;
(vii) Grand School District;
(viii) Iron School District;
(ix) Juab School District;
(x) Kane School District;
(xi) Millard School District;
(xii) Morgan School District;
(xiii) North Sanpete School District;
(xiv) North Summit School District;
(xv) Piute School District;
(xvi) Rich School District;
(xvii) San Juan School District;
(xviii) Sevier School District;
(xix) South Sanpete School District;
(xx) South Summit School District;
(xxi) Tintic School District;
(xxii) Uintah School District; or
(xxiii) Wayne School District.
(9) "UPSTART" means the project established by Section 
53F-4-402
 that uses a
home-based educational technology program to develop school readiness skills of preschool
children.
Section 5. Section 
53F-4-404
 is amended to read:
53F-4-404.
Family participation in UPSTART -- Priority enrollment.
(1) The contractor shall:
(a) solicit families to participate in UPSTART through a public information campaign
and referrals from participating school districts; and
(b) work with the Department of Workforce Services and the state board to solicit
participation from families of qualifying participants to participate in UPSTART.
(2) Preschool children who participate in UPSTART shall:
(a) be from families with diverse socioeconomic and ethnic backgrounds;
(b) reside in different regions of the state in both urban and rural areas; and
(c) be given preference to participate if the preschool children are qualifying
participants.
(3) (a) In a contract entered into with an educational technology provider as described
in Section 
53F-4-402
, the state board shall require the provider to prioritize enrollment of
qualified participants based on a first come, first served basis.
(b) The state board shall provide a list of qualifying schools and qualifying preschools
and other applicable information to the contractor for verification of qualifying participants.
(c) The contractor shall annually provide participant information to the state board as
part of the verification process.
(d) A qualifying participant may obtain a computer and peripheral equipment on loan
and receive free Internet service for the duration of the qualified participant's participation in
UPSTART if the qualifying participant:
(i) is eligible to receive free or reduced lunch; and
(ii) the qualifying participant participates in UPSTART at home.
(4) (a) The contractor shall make the home-based educational technology program
available to families at a cost agreed upon by the state board and the contractor if the number of
families who would like to participate in UPSTART exceeds the number of participants funded
by the legislative appropriation.
(b) The state board and the contractor shall annually post on their websites information
on purchasing a home-based educational technology program as provided in Subsection (4)(a).
(c) Except as provided in Subsection (4)(d), a preschool child may only participate in
UPSTART through legislative funding once.
(d) Subsection (4)(c) does not apply to a preschool child who, in the 2021-2022 
or
2022-2023
 school year:
(i) is eligible for enrollment in kindergarten; or
(ii) is enrolled in kindergarten.
Section 6. 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-2-507
] 
53G-7-203
 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 7. Section 
53G-7-203
 is amended to read:
53G-7-203.
Kindergartens -- Establishment -- Funding -- Assessment.
(1) Kindergartens are an integral part of the state's public education system.
(2) 
(a)
 Each local school board shall provide kindergarten classes free of charge for
kindergarten children residing within the district.
(b) Nothing in this Subsection (2):
(i) allows an LEA governing board to require a student to participate in a full-day
kindergarten program;
(ii) modifies the non-compulsory status of kindergarten under Title 53G, Chapter 6,
Part 2, Compulsory Education; or
(iii) requires a student who only attends a half day of kindergarten to participate in dual
enrollment under Section 
53G-6-702
.
(3) Kindergartens established under Subsection (2) shall receive state money under
Title 53F, Public Education System -- Funding.
(4) (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:
(i) administer the entry and exit assessments described in Subsection (4)(a) to each
kindergarten student; and
(ii) report to the state board the results of the entry and exit assessments described in
Subsection (4)(b)(i) in relation to each kindergarten student in the LEA.
(5) Beginning with the 2022-2023 school year, the state board shall require LEAs to
report average daily membership for all kindergarten students who attend kindergarten on a
schedule that is equivalent in length to the schedule for grades 1 through 3 with the October 1
data described in Section 
53F-2-302
.
Section 8. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
fiscal year 2023. 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.
To State Board of Education - Minimum School Program - Related to Basic School
Programs
From Uniform School Fund
$12,200,000
Schedule of Programs:
Early Intervention $12,200,000