Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 477 (2023GS)

Sponsor

Rep. Spendlove, R.

Final action

Governor Signed 3/17/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends provisions related to scholarship amounts tied to the length of a kindergarten class;
• amends funding formulas related to kindergarten to reflect a full-day length of a kindergarten class;
• requires local education agency governing boards to provide an optional half-day kindergarten class upon request;
• amends provisions regarding a requirement for a kindergarten assessment;
• repeals an optional expanded kindergarten program; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

FULL-DAY KINDERGARTEN AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Robert M. Spendlove
Senate Sponsor: 
Kirk A. Cullimore
Cosponsors:
Carl R. Albrecht
Gay Lynn Bennion
Joel K. Briscoe
Tyler Clancy
Jennifer Dailey-Provost
James A. Dunnigan
Steve Eliason
Joseph Elison
Brett Garner
Matthew H. Gwynn
Katy Hall
Sahara Hayes
Sandra Hollins
Dan N. Johnson
Marsha Judkins
Brian S. King
Rosemary T. Lesser
Ashlee Matthews
Carol S. Moss
Jefferson Moss
Doug Owens
Karen M. Peterson
Susan Pulsipher
Judy Weeks Rohner
Angela Romero
Andrew Stoddard
Jordan D. Teuscher
Mark A. Wheatley
LONG TITLE
General Description:
This bill makes full-day kindergarten available for all local education agencies with an
option for half-day kindergarten.
Highlighted Provisions:
This bill:
▸ amends provisions related to scholarship amounts tied to the length of a
kindergarten class;
▸ amends funding formulas related to kindergarten to reflect a full-day length of a
kindergarten class;
▸ requires local education agency governing boards to provide an optional half-day
kindergarten class upon request;
▸ amends provisions regarding a requirement for a kindergarten assessment;
▸ repeals an optional expanded kindergarten program; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-7-402
, as last amended by Laws of Utah 2022, Chapter 262
53F-2-302
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 9
53F-2-302.1
, as last amended by Laws of Utah 2022, Chapter 1
53G-7-203
, as last amended by Laws of Utah 2022, Chapter 316
REPEALS:
53F-2-507
, as last amended by Laws of Utah 2022, Chapter 316
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53E-7-402
 is amended to read:
53E-7-402.
Special Needs Opportunity Scholarship Program.
(1) There is established the Special Needs Opportunity Scholarship Program under
which a parent may apply to a scholarship granting organization on behalf of the parent's
student for a scholarship to help cover the cost of a scholarship expense.
(2) (a) A scholarship granting organization shall:
(i) award, in accordance with this part, scholarships to eligible students; and
(ii) determine the amount of a scholarship in accordance with Subsection (3).
(b) In awarding scholarships, a scholarship granting organization shall give priority to
an eligible student described in Subsection 
53E-7-401
(1)(a) by:
(i) establishing an August 10 deadline for an eligible student described in Subsection
53E-7-401
(1)(b) to apply for a scholarship; and
(ii) awarding a scholarship to an eligible student described in Subsection
53E-7-401
(1)(b) only if funds exist after awarding scholarships to all eligible students
described in Subsection 
53E-7-401
(1)(a) who have applied and qualify.
(c) Subject to available funds, a scholarship awarded to an eligible student described in
Subsection 
53E-7-401
(1)(b) shall be for a similar term as a scholarship awarded to the eligible
student's sibling.
(3) A scholarship granting organization shall determine a full-year scholarship award to
pay for the cost of one or more scholarship expenses in an amount not more than:
(a) for an eligible student described in Subsection 
53E-7-401
(1)(a) who is[
:
]
[
(i)
] in grades 1 through 12 with an IEP and whose family income is:
[
(A)
] 
(i)
 at or below 185% of the federal poverty level, the value of the weighted pupil
unit multiplied by 2.5;
[
(B)
] 
(ii)
 between 185% and 555% of the federal poverty level, the value of the
weighted pupil unit multiplied by two; or
[
(C)
] 
(iii)
 above 555% of the federal poverty level, the value of the weighted pupil unit
multiplied by 1.5;
(b) for a fiscal year before July 1, 2023, for an eligible student who is:
[
(ii)
] 
(i)
 in grades 1 through 12 and who does not have an IEP, the value of the
weighted pupil unit;
[
(iii)
] 
(ii)
 in kindergarten with an IEP, the value of the weighted pupil unit; or
[
(iv)
] 
(iii)
 in kindergarten and who does not have an IEP, half the value of the weighted
pupil unit; [
or
]
[
(b)
] 
(c) for a fiscal year beginning on or after July 1, 2023, for an eligible student in
kindergarten or grades 1 through 12, the value of the weighted pupil unit; or
(d)
 for an eligible student described in Subsection 
53E-7-401
(1)(b), half the value of
the weighted pupil unit.
(4) Eligibility for a scholarship as determined by a multidisciplinary evaluation team
under this program does not establish eligibility for an IEP under the Individuals with
Disabilities Education Act, Subchapter II, 20 U.S.C. Secs. 1400 to 1419, and is not binding on
any LEA that is required to provide an IEP under the Individuals with Disabilities Education
Act.
(5) The scholarship granting organizations shall prepare and disseminate information
on the program to a parent applying for a scholarship on behalf of a student.
Section 2. Section 
53F-2-302
 is amended to read:
53F-2-302.
Determination of weighted pupil units.
(1)
 The number of weighted pupil units in the Minimum School Program for each year
is the total of the units for each school district and, subject to Subsection [
(4)
] 
(5)
, charter
school, determined [
as follows:
] 
in accordance with this section.
[
(1)
] 
(2)
 The number of 
weighted pupil
 units is computed by adding the average daily
membership of all pupils of the school district or charter school attending schools, other than
[
kindergarten and
] self-contained classes for children with a disability.
[
(2)
] 
(3) (a) Except as provided in Subsection (3)(b), for a fiscal year beginning on or
after July 1, 2023, the number of weighted pupil units for kindergarten students shall be
computed by adding the average daily membership of all pupils of the school district or charter
school enrolled in kindergarten.
(b)
 The number of 
weighted pupil
 units is computed by [
adding
] 
multiplying
 the
average daily membership [
of all pupils of the school district or charter school enrolled in
kindergarten and multiplying the total
] 
for the number of students who are enrolled in
kindergarten for less than the equivalent length of the schedule for grades 1 through 3, based on
the October 1 data described in Section 
53F-2-302
,
 by .55.
[
(a) In those school districts or charter schools that do not hold kindergarten for a full
nine-month term, the local school board or charter school governing board may approve a
shorter term of nine weeks' duration.
]
[
(b) Upon LEA governing board approval, the number of pupils in average daily
membership at the short-term kindergarten shall be counted for the purpose of determining the
number of units allowed in the same ratio as the number of days the short-term kindergarten is
held, not exceeding nine weeks, compared to the total number of days schools are held in that
school district or charter school in the regular school year.
]
[
(3)
] 
(4)
 (a) The state board shall use prior year plus growth to determine average daily
membership in distributing money under the Minimum School Program where the distribution
is based on kindergarten through grade 12 ADMs or weighted pupil units.
(b) Under prior year plus growth, kindergarten through grade 12 average daily
membership for the current year is based on the actual kindergarten through grade 12 average
daily membership for the previous year plus an estimated percentage growth factor.
(c) The growth factor is the percentage increase in total average daily membership on
the first school day of October in the current year as compared to the total average daily
membership on the first school day of October of the previous year.
[
(4)
] 
(5)
 In distributing funds to charter schools under this section, charter school
pupils shall be weighted, where applicable, as follows:
[
(a) .55 for kindergarten pupils;
]
[
(b)
] 
(a) except as provided in Subsection (3)(b),
 .9 for pupils in [
grades 1
]
kindergarten
 through 
grade
 6;
[
(c)
] 
(b)
 .99 for pupils in grades 7 through 8; and
[
(d)
] 
(c)
 1.2 for pupils in grades 9 through 12.
[
(5) Notwithstanding Subsection (3)(c):
]
[
(a) for the 2020-2021 school year the state board may use a count of average daily
membership on any day or days of the current school year in 2020 to calculate a growth factor
for the 2020-2021 school year; and
]
[
(b) when calculating the growth factor as described in Subsection (5)(a), the state
board shall comply with all applicable federal requirements.
]
Section 3. Section 
53F-2-302.1
 is amended to read:
53F-2-302.1.
Enrollment Growth Contingency Program.
(1) As used in this section:
(a) "Program funds" means money appropriated under the Enrollment Growth
Contingency Program.
(b) "Student enrollment count" means the enrollment count on the first school day of
October, as described in Subsection [
53F-2-302
(3)
] 
53F-2-302
(4)
.
(2) There is created the Enrollment Growth Contingency Program to mitigate funding
impacts on an LEA resulting from student enrollment irregularities during fiscal years 2021,
2022, and 2023.
(3) Subject to legislative appropriations, the state board, in consultation with the Office
of the Legislative Fiscal Analyst and the Governor's Office of Planning and Budget, shall use
program funds to:
(a) for fiscal years 2021, 2022, and 2023 and for an LEA that has declining enrollment,
pay costs associated with Subsection [
53F-2-302
(3)
] 
53F-2-302
(4)
 to hold LEA funding
distributions at the prior year's average daily membership;
(b) for fiscal year 2022, fund ongoing impacts of student enrollment changes in the
2021-2022 academic year, including:
(i) assigning additional weighted pupil units to an LEA experiencing a net growth in
weighted pupil units over the fiscal year 2022 base allocations associated with student
enrollment increases following the student enrollment count; and
(ii) at the request of an LEA that experienced a significant decline in student
enrollment during the 2020-2021 academic year, pre-fund significantly higher anticipated
student enrollment growth before the student enrollment count; and
(c) for fiscal years 2022 and 2023, with any remaining weighted pupil units, pay other
weighted pupil unit related costs in accordance with Section 
53F-2-205
.
(4) If the state board pre-funds anticipated student enrollment growth under Subsection
(3)(b)(ii), the state board shall:
(a) verify the LEA's enrollment after the student enrollment count; and
(b) balance funds as necessary based on the actual increase in student enrollment.
Section 4. 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
] 
LEA governing
 board shall provide kindergarten classes
free of charge for kindergarten children residing within the district 
or attending the charter
school
.
(b) Each LEA governing board shall provide a half-day kindergarten option for a
student if the student's parent requests a half-day option.
[
(b)
] 
(c)
 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 
a
 kindergarten [
entry and exit assessments
]
assessment that the board selects by rule
; and
(ii) make rules
, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act,
 regarding the administration of and reporting regarding the [
assessments
]
assessment described in Subsection (4)(a)(i)
.
(b) An LEA shall:
(i) administer the [
entry and exit assessments
] 
assessment
 described in Subsection
(4)(a) to each kindergarten student; and
(ii) report to the state board the results of the [
entry and exit assessments
] 
assessment
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 5. 
Repealer.
This bill repeals:
Section 
53F-2-507
,
Enhanced kindergarten early intervention program.