Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 258 First Substitute (2023GS)

Sponsor

Sen. McKell, M.

Final action

Governor Signed 3/17/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• moves the UPSTART program into the Economic Opportunity Act, under the GO Utah office;
• prohibits a standard or criteria in a request for proposal for a home-based technology program for the UPSTART program;
• requires the GO Utah office to use procurement processes to contract with certain providers;
• amends criteria for evaluating home-based technology program providers;
• expands program participation to:
• all Utah preschool children;
• residential certificate preschool providers; and
• the Head Start program;
• amends standards and requirements for home-based educational technology providers;
• requires school boards to make the program accessible for schools that seek to participate in the program;
• requires a contractor to enter into a contract with a school board or preschool to implement the program;
• requires the GO Utah office to determine costs associated with the program, including:

Every vote on this bill

Bill text

UPSTART PROGRAM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: 
____________
LONG TITLE
General Description:
This bill amends and enacts provisions of the UPSTART program.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ moves the UPSTART program into the Economic Opportunity Act, under the GO
Utah office;
▸ prohibits a standard or criteria in a request for proposal for a home-based
technology program for the UPSTART program;
▸ requires the GO Utah office to use procurement processes to contract with certain
providers;
▸ amends criteria for evaluating home-based technology program providers;
▸ expands program participation to:
• all Utah preschool children;
• residential certificate preschool providers; and
• the Head Start program;
▸ amends standards and requirements for home-based educational technology
providers;
▸ requires school boards to make the program accessible for schools that seek to
participate in the program;
▸ requires a contractor to enter into a contract with a school board or preschool to
implement the program;
▸ requires the GO Utah office to determine costs associated with the program,
including:
• implementing campaigns and referrals to solicit families to participate in the
program; and
• technology costs;
▸ amends audit reporting requirements; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
35A-15-202
, as last amended by Laws of Utah 2022, Chapter 348
53E-1-201
, as last amended by Laws of Utah 2022, Chapters 147, 229, 274, 285, 291,
354, and 461
53E-4-308
, as last amended by Laws of Utah 2022, Chapter 461
RENUMBERS AND AMENDS:
63N-20-101
, (Renumbered from 53F-4-401, as last amended by Laws of Utah 2022,
Chapter 316)
63N-20-102
, (Renumbered from 53F-4-402, as last amended by Laws of Utah 2019,
Chapters 186, 342)
63N-20-103
, (Renumbered from 53F-4-403, as last amended by Laws of Utah 2019,
Chapter 342)
63N-20-104
, (Renumbered from 53F-4-404, as last amended by Laws of Utah 2022,
Chapter 316)
63N-20-106
, (Renumbered from 53F-4-406, as last amended by Laws of Utah 2022,
Chapter 316)
63N-20-107
, (Renumbered from 53F-4-407, as last amended by Laws of Utah 2019,
Chapters 186, 324 and 342)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
35A-15-202
 is amended to read:
35A-15-202.
Elements of a high quality school readiness program.
(1) A high quality school readiness program that an eligible LEA or eligible private
provider runs shall include:
(a) an evidence-based curriculum that is aligned with all of the developmental domains
and academic content areas defined in the Utah core standards for preschool that the State
Board of Education adopts, and that incorporates:
(i) intentional and differentiated instruction in whole group, small group, and
child-directed learning; and
(ii) intentional instruction in key areas of literacy and numeracy, as determined by the
State Board of Education, that:
(A) is teacher led or through a partnership with a contractor as defined in Section
[
53F-4-401
] 
63N-20-101
;
(B) includes specific literary and numeracy skills, such as phonological awareness; and
(C) includes provider monitoring and ongoing professional learning and coaching;
(b) ongoing, focused, and intensive professional development for staff of the school
readiness program;
(c) ongoing assessment of a student's educational growth and development that:
(i) is aligned to the Utah core standards for preschool that the State Board of Education
adopts; and
(ii) evaluates student progress to inform instruction;
(d) administration of the school readiness assessment to each student;
(e) for a preschool program that an eligible LEA runs, a class size that does not exceed
20 students, with one adult for every 10 students in the class;
(f) ongoing program evaluation and data collection to monitor program goal
achievement and implementation of required program components;
(g) family engagement, including ongoing communication between home and school,
and parent education opportunities based on each family's circumstances;
(h) only lead teachers who, by the lead teacher's second year, obtain at least:
(i) the minimum standard of a child development associate certification; or
(ii) an associate or bachelor's degree in an early childhood education related field; and
(i) a kindergarten transition plan.
(2) A high quality school readiness program that a home-based educational technology
provider runs shall[
:
] 
meet the requirements as provided in Title 63N, Chapter 20, Part 1,
UPSTART.
[
(a) be an evidence-based and age appropriate individualized interactive instruction
assessment and feedback technology program that teaches eligible students early learning skills
needed to be successful upon entry into kindergarten;
]
[
(b) require regular parental engagement with the student in the student's use of the
home-based educational technology program;
]
[
(c) be aligned with the Utah core standards for preschool that the State Board of
Education adopts;
]
[
(d) require the administration of a pre- and post-assessment of each student whose
parent or legal guardian consents to the assessment that, for a home-based technology program
that receives funding under this part, is designated by the board in accordance with Section
35A-15-402
; and
]
[
(e) require technology providers to ensure successful implementation and utilization
of the technology program.
]
Section 2. Section 
53E-1-201
 is amended to read:
53E-1-201.
Reports to and action required of the Education Interim Committee.
(1) In accordance with applicable provisions and Section 
68-3-14
, the following
recurring reports are due to the Education Interim Committee:
(a) the report described in Section 
9-22-109
 by the STEM Action Center Board,
including the information described in Section 
9-22-113
 on the status of the computer science
initiative and Section 
9-22-114
 on the Computing Partnerships Grants Program;
(b) the prioritized list of data research described in Section 
53B-33-302
 and the report
on research and activities described in Section 
53B-33-304
 by the Utah Data Research Center;
(c) the report described in Section 
35A-15-303
 by the State Board of Education on
preschool programs;
(d) the report described in Section 
53B-1-402
 by the Utah Board of Higher Education
on career and technical education issues and addressing workforce needs;
(e) the annual report of the Utah Board of Higher Education described in Section
53B-1-402
;
(f) the reports described in Section 
53B-28-401
 by the Utah Board of Higher Education
regarding activities related to campus safety;
(g) the State Superintendent's Annual Report by the state board described in Section
53E-1-203
;
(h) the annual report described in Section 
53E-2-202
 by the state board on the strategic
plan to improve student outcomes;
(i) the report described in Section 
53E-8-204
 by the state board on the Utah Schools for
the Deaf and the Blind;
(j) the report described in Section 
53E-10-703
 by the Utah Leading through Effective,
Actionable, and Dynamic Education director on research and other activities;
(k) the report described in Section 
53F-2-522
 regarding mental health screening
programs;
(l) the report described in Section 
53F-4-203
 by the state board and the independent
evaluator on an evaluation of early interactive reading software;
(m) the report described in Section [
53F-4-407
] 
63N-20-107
 by [
the state board
] 
the
GO Utah office
 on UPSTART;
(n) the reports described in Sections 
53F-5-214
 and 
53F-5-215
 by the state board
related to grants for professional learning and grants for an elementary teacher preparation
assessment;
(o) upon request, the report described in Section 
53F-5-219
 by the state board on the
Local Innovations Civics Education Pilot Program;
(p) the report described in Section 
53F-5-405
 by the State Board of Education
regarding an evaluation of a partnership that receives a grant to improve educational outcomes
for students who are low income;
(q) the report described in Section 
53B-35-202
 regarding the Higher Education and
Corrections Council;
(r) the report described in Section 
53G-7-221
 by the State Board of Education
regarding innovation plans; and
(s) the annual report described in Section 
63A-2-502
 by the Educational Interpretation
and Translation Service Procurement Advisory Council.
(2) In accordance with applicable provisions and Section 
68-3-14
, the following
occasional reports are due to the Education Interim Committee:
(a) the report described in Section 
35A-15-303
 by the School Readiness Board by
November 30, 2020, on benchmarks for certain preschool programs;
(b) the report described in Section 
53B-28-402
 by the Utah Board of Higher Education
on or before the Education Interim Committee's November 2021 meeting;
(c) if required, the report described in Section 
53E-4-309
 by the state board explaining
the reasons for changing the grade level specification for the administration of specific
assessments;
(d) if required, the report described in Section 
53E-5-210
 by the state board of an
adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
(e) in 2022 and in 2023, on or before November 30, the report described in Subsection
53E-10-309
(7) related to the PRIME pilot program;
(f) the report described in Section 
53E-10-702
 by Utah Leading through Effective,
Actionable, and Dynamic Education;
(g) if required, the report described in Section 
53F-2-513
 by the state board evaluating
the effects of salary bonuses on the recruitment and retention of effective teachers in high
poverty schools;
(h) the report described in Section 
53F-5-210
 by the state board on the Educational
Improvement Opportunities Outside of the Regular School Day Grant Program;
(i) upon request, a report described in Section 
53G-7-222
 by an LEA regarding
expenditure of a percentage of state restricted funds to support an innovative education
program;
(j) the report described in Section 
53G-7-503
 by the state board regarding fees that
LEAs charge during the 2020-2021 school year;
(k) the reports described in Section 
53G-11-304
 by the state board regarding proposed
rules and results related to educator exit surveys; and
(l) the report described in Section 
62A-15-117
 by the Division of Substance Abuse and
Mental Health, the State Board of Education, and the Department of Health regarding
recommendations related to Medicaid reimbursement for school-based health services.
Section 3. Section 
53E-4-308
 is amended to read:
53E-4-308.
Unique student identifier -- Coordination of higher education and
public education information technology systems -- Coordination of preschool and public
education information technology systems.
(1) As used in this section, "unique student identifier" means an alphanumeric code
assigned to each public education student for identification purposes, which:
(a) is not assigned to any former or current student; and
(b) does not incorporate personal information, including a birth date or Social Security
number.
(2) The state board, through the state superintendent, shall assign each public education
student a unique student identifier, which shall be used to track individual student performance
on achievement tests administered under this part.
(3) The state board and the Utah Board of Higher Education, in collaboration with the
Utah Data Research Center created in Section 
53B-33-201
, shall:
(a) coordinate public education and higher education information technology systems
to allow individual student academic achievement to be tracked through both education
systems in accordance with this section and Section 
53B-1-109
; and
(b) coordinate access to the unique student identifier of a public education student who
later attends an institution within the state system of higher education.
(4) (a) The state board and the Department of Workforce Services shall coordinate
assignment of a unique student identifier to each student enrolled in a program described in
Title 35A, Chapter 15, Preschool Programs.
(b) A unique student identifier assigned to a student under Subsection (4)(a) shall
remain the student's unique student identifier used by the state board when the student enrolls
in a public school in kindergarten or a later grade.
(c) The 
GO Utah office, the
 state board, the Department of Workforce Services, and a
contractor as defined in Section [
53F-4-401
] 
63N-20-101
, shall coordinate access to the unique
student identifier of a preschool student who later attends an LEA.
Section 4. Section 
63N-20-101
, which is renumbered from Section 53F-4-401 is
renumbered and amended to read:
[
53F-4-401
].
 63N-20-101.
Definitions.
As used in this part:
(1) "Contractor" means the educational technology provider selected by the state board
under Section [
53F-4-402
] 
63N-20-102
.
(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) four or five years old; and
(b) not eligible for enrollment under Subsection 
53G-4-402
(6).
(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),
] 
(4)(b),
 is exempt from licensure
under Section 
26-39-403
; [
and
]
(ii) meets other criteria as established by the [
state board
] 
GO Utah office
, consistent
with [
Utah Constitution, Article X, Section 1.
] 
Utah Constitution, Article X, Section 1; and
(iii) is a residential certificate provider described in Section 
26-39-402
.
(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
]
, a
 charter school[
.
]
, or the Head Start program.
(6) "State board" means the State Board of Education.
[
(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)
] 
(7)
 "UPSTART" means the [
project established by
] 
statewide program created in
Section [
53F-4-402
] 
63N-20-102
 that uses a home-based educational technology program 
and
parent engagement
 to develop school readiness skills of preschool children.
Section 5. Section 
63N-20-102
, which is renumbered from Section 53F-4-402 is
renumbered and amended to read:
[
53F-4-402
].
 63N-20-102.
UPSTART program to develop school readiness
skills of preschool children.
(1) UPSTART, a [
project
] 
state-wide program
 that uses a home-based educational
technology program 
and parent engagement
 to develop school readiness skills of preschool
children, is established within the public education system.
(2) UPSTART is created to[
:
] 
provide preschool children access to a home-based
educational technology program with strong parental involvement that, through testing and
evaluation with the state, has:
[
(a) evaluate the effectiveness of giving preschool children access, at home, to
interactive individualized instruction delivered by computers and the Internet to prepare them
academically for success in school; and
]
[
(b) test the feasibility of scaling a home-based curriculum in reading, math, and
science delivered by computers and the Internet to all preschool children in Utah.
]
(a) demonstrated the program's effectiveness in developing the school readiness of
preschool children across the state; and
(b) successfully scaled the virtual delivery of a curriculum in reading, math, and
science from a pilot program.
(3) (a) The [
state board
] 
GO Utah office
 shall contract with an educational technology
provider, [
selected through a request for proposals process,
] 
in accordance with Title 63G,
Chapter 6a, Part 7, Request for Proposals,
 for the delivery of a home-based educational
technology program for preschool children that meets the requirements of Subsection (4).
(b) In issuing a request for proposals, the GO Utah office may not subdivide a standard
or criteria described in Subsections (4) and (6), including an item related to cost, to require
information not required under this chapter.
[
(b)
] 
(c)
 Every five years, the [
state board
] 
GO Utah office
 may issue a new request for
proposals described in this section.
(4) [
A
] 
The GO Utah office shall ensure that a
 home-based educational technology
program for preschool children [
shall meet
] 
meets
 the following standards:
(a) the contractor shall have:
(i) at least five years of experience in implementing a home-based educational
technology program for preschool children; and
(ii) a randomized controlled trial and other external evaluations that support the
efficacy of the home-based educational technology program for preschool children;
(b)
 [
(a)
] the contractor shall provide [
computer-assisted
] 
individualized software
instruction for preschool children [
on a home computer connected by the Internet to a
centralized file storage facility
] 
in the home
;
[
(b)
] 
(c)
 the contractor shall:
(i) provide technical support to families for the installation and operation of the
instructional software; and
(ii) provide for the installation of 
a
 computer
,
a tablet, or other electronic or peripheral
equipment,
 and Internet access [
in homes of qualifying participants described in Subsection
53F-4-404
(3)(d);
]
:
(A) in homes of participants who are eligible to receive free or reduced lunch; and
(B) for participating private preschool providers, including residential certificate
providers, based upon need;
[
(c)
] 
(d)
 the contractor shall have the capability of doing the following through the
Internet:
(i) communicating with parents;
(ii) updating the instructional software;
(iii) validating user access;
(iv) collecting usage data;
(v) storing research data; and
(vi) producing reports for parents, schools, and the Legislature;
[
(d)
] 
(e)
 the program shall include the following components:
(i) [
computer-assisted,
] individualized 
software
 instruction in reading, mathematics,
and science[
;
] 
that:
(A) aligns with the Utah core standards for preschool that the state board adopts;
(B) aligns with Head Start Early Learning Outcomes Framework implemented in
accordance with the Head Start Act, 42 U.S.C. Sec. 9801, et seq.;
(C) the Council of Administrators of Special Education endorses; and
(D) meets the United States Department of Education benchmarks for evidence-based
programs;
(ii) a multisensory reading tutoring program; and
(iii) a validated [
computer
] adaptive reading test that does not require the presence of
trained adults to administer and is an accurate indicator of reading readiness of children who
cannot read;
[
(e)
] 
(f)
 the contractor shall have the capability to quickly and efficiently modify,
improve, and support the product; 
and
[
(f)
] 
(g)
 the contractor shall work in cooperation with public preschool or private
preschool provider personnel who will provide administrative and technical support of the
program as provided in Section [
53F-4-403
] 
63N-20-103
;
(h) the contractor shall implement the program throughout the state in both urban and
rural areas as provided in Section 
63N-20-104
;
[
(g) the contractor shall solicit families to participate in the program as provided in
Section 
53F-4-404
; and
]
[
(h)
] 
(i)
 in implementing the home-based educational technology program, the
contractor shall seek the advice and expertise [
of
] 
from
 early childhood education professionals
[
within
] 
and stakeholders, including
 the Utah System of Higher Education
, the state board,
public and private preschool providers, local school board members, teachers, and parents
 on
issues such as:
(i) soliciting families to participate in the program 
as provided in Section 
63N-20-104
;
(ii) providing training to families; and
(iii) motivating families to regularly use the instructional software.
(5) The contract shall provide funding for a home-based educational technology
program for preschool children, subject to the appropriation of money by the Legislature for
UPSTART.
(6) The [
state board
] 
GO Utah office
 shall evaluate a proposal based [
on
] 
only upon the
following criteria
:
(a) whether the home-based educational technology program meets the standards
specified in Subsection (4)[
;
] 
and Section 
63N-20-104
;
(b) audit and evaluation results under Section 
63N-20-106
, if:
(i) the GO Utah office has previously awarded a contract to the home-based
educational technology program provider under this part; or
(ii) the state board has previously awarded a contract to the home-based educational
technology program provider for UPSTART;
[
(b)
] 
(c)
 the results of an independent evaluation of the home-based educational
technology program;
[
(c)
] 
(d)
 the experience of the home-based educational technology program provider;
(e) the demonstrated abilities of the home-based educational technology program
provider;
(f) the general functionality of the home-based educational technology program;
(g) the implementation of the home-based educational technology program;
 and
[
(d)
] 
(h)
 the per pupil cost of the home-based educational technology program.
Section 6. Section 
63N-20-103
, which is renumbered from Section 53F-4-403 is
renumbered and amended to read:
[
53F-4-403
].
 63N-20-103.
School district participation in UPSTART.
(1) A school district [
may participate in UPSTART if the local school board agrees, or
a
] 
shall ensure that UPSTART is available to all schools within the school district.
(2) A public or a
 private preschool provider may participate in UPSTART if the 
public
or
 private preschool provider agrees[
,
] to work in cooperation with the contractor to provide
administrative and technical support for UPSTART.
[
(2) A contractor may require a local school board or private preschool provider
participating in UPSTART to enter into an agreement with the contractor to:
]
(3) A contractor shall enter into an agreement with each local school board or public or
private preschool provider participating in UPSTART to:
(a) dictate targets for program usage and terms for failure to meet those targets;
(b) determine data sharing terms; and
(c) agree to other reasonable terms required for successful implementation.
Section 7. Section 
63N-20-104
, which is renumbered from Section 53F-4-404 is
renumbered and amended to read:
[
53F-4-404
].
 63N-20-104.
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 participating preschool providers
; 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)
] 
(2)
 (a) In a contract entered into with an educational technology provider as
described in Section [
53F-4-402
] 
63N-20-102
, the [
state board
] 
GO Utah office
 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)
] 
(b)
 The contractor shall annually provide participant information to the [
state
board
] 
GO Utah office
 as part of the verification process.
[
(d)
] 
(c)
 A [
qualifying
] participant may obtain a computer [
and
]
, a tablet, or other
electronic or
 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.
(3) In a contract with an educational technology provider as described in Section
63N-20-102
, the GO Utah office shall determine the statewide cost of the UPSTART program
based on the following:
(a) a defined recruitment plan to solicit families to participate in UPSTART, including
through a public information campaign and referrals that prioritize participants who:
(i) are eligible for child care subsidies under the Child Care and Development Block
Grant program, 42 U.S.C. Secs. 9857-9858r;
(ii) are eligible for a federally assisted meal program that provides funds to licensed
child care centers as authorized under Section 
53E-3-501
; or
(iii) meet other criteria based on state need as the GO Utah office establishes;
(b) adaptive software;
(c) parent engagement and resources;
(d) validated assessment;
(e) educational technology, including a computer, a tablet, or other electronic or
peripheral equipment, and Internet for eligible participants; and
(f) reporting for stakeholders, including parents, schools, and the Legislature.
[
(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) A preschool child may only participate in UPSTART through legislative funding
once.
]
Section 8. Section 
63N-20-106
, which is renumbered from Section 53F-4-406 is
renumbered and amended to read:
[
53F-4-406
].
 63N-20-106.
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
] 
GO Utah office
 shall:
(a) require [
by contract that
] the contractor [
will
] 
to
 open [
its
] 
the contractor's
 books
and records relating to [
its
] 
the contractor's
 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 
53G-7-203
 to evaluate whether the
contractor has effectively prepared preschool children for academic success as described in
Section [
53F-4-402
] 
63N-20-102
.
(4) Of the money appropriated by the Legislature for UPSTART, excluding funds used
to provide computers, 
tablets, or other electronic or
 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 9. Section 
63N-20-107
, which is renumbered from Section 53F-4-407 is
renumbered and amended to read:
[
53F-4-407
].
 63N-20-107.
Annual report.
(1) The [
state board
] 
GO Utah office
 shall make a report on UPSTART in accordance
with Section 
53E-1-201
.
(2) The report shall:
(a) address the extent to which UPSTART is accomplishing the 
program's
 purposes
[
for which it was established as specified
] 
as described
 in Section [
53F-4-402
] 
63N-20-102
;
and
(b) include the following information:
(i) the number of families:
[
(A) volunteering to participate in the program;
]
[
(B) selected to participate in the program;
]
[
(C) requesting computers; and
]
[
(D) furnished computers;
]
(A) participating in the program;
(B) who receive computers, tablets, or other electronic or peripheral equipment, and
Internet service; and
(ii) the number of private preschool providers and public preschool providers
participating in the program;
(iii) the frequency of use of the instructional software;
(iv) obstacles encountered with software usage, hardware, or providing technical
assistance to families;
(v) student performance on entry and exit kindergarten assessments conducted by
school districts and charter schools for students who participated in the home-based
educational technology program and those who did not participate in the program; and
(vi) as available, the evaluation of the program conducted pursuant to Section
[
53F-4-406
] 
63N-20-206
.