Enrolled Copy S.B. 220
1 SCHOOL READINESS AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ann Millner House Sponsor: Katy Hall
2
3 LONG TITLE
4 General Description:
5 This bill amends provisions of preschool programs.
6 Highlighted Provisions:
7 This bill:
8 ▸ defines terms;
9 ▸ repeals the School Readiness Board;
10 ▸ creates a school readiness team comprised of staff from the Department of Workforce
11 Services' Office of Child Care and staff from the state board to fulfill certain duties regarding
12 the school readiness grant programs;
13 ▸ renames school readiness grant programs;
14 ▸ prioritizes grant funding between grant programs;
15 ▸ requires grant recipients to coordinate with UPSTART providers; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill provides a special effective date.
21 Utah Code Sections Affected:
22 AMENDS:
23 35A-15-102, as last amended by Laws of Utah 2023, Chapters 252, 328
24 35A-15-202, as last amended by Laws of Utah 2023, Chapter 380
25 35A-15-203, as renumbered and amended by Laws of Utah 2019, Chapter 342
26 35A-15-301, as renumbered and amended by Laws of Utah 2019, Chapter 342 and last
27 amended by Coordination Clause, Laws of Utah 2019, Chapter 342
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28 35A-15-302, as last amended by Laws of Utah 2019, Chapter 186 and renumbered and
29 amended by Laws of Utah 2019, Chapter 342 and last amended by Coordination Clause, Laws
30 of Utah 2019, Chapter 342
31 35A-15-303, as enacted by Laws of Utah 2019, Chapter 342 and last amended by
32 Coordination Clause, Laws of Utah 2019, Chapter 342
33 35A-15-401, as renumbered and amended by Laws of Utah 2019, Chapter 342 and last
34 amended by Coordination Clause, Laws of Utah 2019, Chapter 342
35 35A-15-402, as last amended by Laws of Utah 2019, Chapter 186 and renumbered and
36 amended by Laws of Utah 2019, Chapter 342 and last amended by Coordination Clause, Laws
37 of Utah 2019, Chapter 342
38 53E-1-201, as last amended by Laws of Utah 2023, Chapters 1, 328 and 380
39 53E-4-314, as last amended by Laws of Utah 2022, Chapter 316
40 63I-2-253 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 7,
41 21, 33, 142, 167, 168, 380, 383, and 467
42 63I-2-253, as last amended by Laws of Utah 2023, Chapters 7, 21, 33, 142, 167, 168,
43 310, 380, 383, and 467
44 REPEALS:
45 35A-15-201, as last amended by Laws of Utah 2022, Chapter 461
46
47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 35A-15-102 is amended to read:
49 35A-15-102 . Definitions.
50 As used in this chapter:
51 [(1) "Board" means the School Readiness Board, created in Section 35A-15-201.]
52 [(2)] (1) "Department" means the Department of Workforce Services.
53 (2) "Economically disadvantaged" means to be eligible to receive free or reduced price
54 lunch.
55 [(3) "Eligible home-based educational technology provider" means a provider that offers a
56 home-based educational technology program to develop the school readiness skills of an
57 eligible student.]
58 [(4)] (3) (a) "Eligible LEA" means an LEA that [has a data system capacity to collect]
59 collects longitudinal academic outcome data, including special education use by
60 student, by identifying each student with a statewide unique student identifier.
61 (b) "Eligible LEA" includes a program exempt from licensure under Subsection
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62 26B-2-405(2)(e).
63 [(5)] (4) (a) "Eligible private provider" means a child care program that:
64 (i) is licensed under Title 26B, Chapter 2, Part 4, Child Care Licensing; or
65 (ii) except as provided in Subsection [(5)(b)(ii)] (4)(b)(ii), is exempt from licensure
66 under Section 26B-2-405.
67 (b) "Eligible private provider" does not include:
68 (i) residential child care, as defined in Section 26B-2-401; or
69 (ii) a program exempt from licensure under Subsection 26B-2-405(2)(e).
70 [(6)] (5) "Eligible student" means a student:
71 (a) (i) who is [age ]three, four, or five years old; and
72 (ii) is not eligible for enrollment under Subsection 53G-4-402(8); and
73 (b) (i) [(A)] who is economically disadvantaged; [and]
74 [(B)] (ii) whose parent or legal guardian reports that the student has experienced at
75 least one risk factor;
76 [(ii)] (iii) is an English learner; or
77 [(iii) is in foster care.]
78 (iv) has ever been in foster care.
79 [(7)] (6) "Evaluation" means an evaluation conducted in accordance with Section
80 35A-15-303.
81 [(8)] (7) "High quality school readiness program" means a preschool program that:
82 (a) is provided by an eligible LEA[,] or eligible private provider[, or eligible
83 home-based educational technology provider]; and
84 (b) meets the elements of a high quality school readiness program described in Section
85 35A-15-202.
86 [(9)] (8) "Investor" means a person that enters into a results-based contract to provide
87 funding to a high quality school readiness program on the condition that the person will
88 receive payment in accordance with Section 35A-15-402 if the high quality school
89 readiness program meets the performance outcome measures included in the
90 results-based contract.
91 [(10) "Kindergarten assessment" means the kindergarten entry assessment described in
92 Section 53G-7-203.]
93 [(11)] (9) "Kindergarten transition plan" means a plan that supports the smooth transition of
94 a preschool student to kindergarten and includes communication and alignment among
95 the preschool, program, parents, and K-12 personnel.
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96 [(12)] (10) "Local Education Agency" or "LEA" means a school district or charter school.
97 [(13)] (11) "Performance outcome measure" means:
98 (a) indicators, as determined by the [board] department, on the school readiness
99 assessment[ and the kindergarten assessment]; or
100 (b) for a results-based contract, the indicators included in the contract.
101 [(14)] (12) "Results-based contract" means a contract that:
102 (a) is entered into in accordance with Section 35A-15-402;
103 (b) includes a performance outcome measure; and
104 (c) is between the [board] department, a provider of a high quality school readiness
105 program, and an investor.
106 [(15)] (13) "Risk factor" means:
107 (a) having a mother who was 18 years old or younger when the child was born;
108 (b) a member of a child's household is incarcerated;
109 (c) living in a neighborhood with high violence or crime;
110 (d) having one or both parents with a low reading ability;
111 (e) moving at least once in the past year;
112 [(f) having ever been in foster care;]
113 [(g)] (f) living with multiple families in the same household;
114 [(h)] (g) having exposure in a child's home to:
115 (i) physical abuse or domestic violence;
116 (ii) substance abuse;
117 (iii) the death or chronic illness of a parent or sibling; or
118 (iv) mental illness; or
119 [(i) the primary language spoken in a child's home is a language other than English; or]
120 [(j)] (h) having at least one parent who has not completed high school.
121 [(16)] (14) "School readiness assessment" means the same as that term is defined in Section
122 53E-4-314.
123 (15) "School readiness team" means a team comprised of staff from:
124 (a) the Department of Workforce Services' Office of Child Care that support preschool
125 and early care programs; and
126 (b) the state board that oversees preschool programs.
127 [(17)] (16) "State board" means the State Board of Education.
128 (17) "Tool" means the tool developed in accordance with Section 35A-15-303.
129 Section 2. Section 35A-15-202 is amended to read:
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130
Part 2. School Readiness Program
131 35A-15-202 . Elements of a high quality school readiness program.
132 [(1)] A high quality school readiness program that an eligible LEA or eligible private
133 provider runs shall include:
134 [(a)] (1) an evidence-based curriculum that is aligned with all of the developmental domains
135 and academic content areas defined in the Utah core standards for preschool that the [
136 State Board of Education] state board adopts, and that incorporates:
137 [(i)] (a) intentional and differentiated instruction in whole group, small group, and
138 child-directed learning; and
139 [(ii)] (b) intentional instruction in key areas of literacy and numeracy, as determined by
140 the [State Board of Education] state board, that:
141 [(A)] (i) is teacher led or through a partnership with a contractor as defined in Section
142 63N-20-101;
143 [(B)] (ii) includes specific literacy and numeracy skills, such as phonological
144 awareness; and
145 [(C)] (iii) includes provider monitoring and ongoing professional learning and
146 coaching;
147 [(b)] (2) ongoing, focused, and intensive professional [development] learning for staff of the
148 school readiness program;
149 [(c)] (3) ongoing assessment of a student's educational growth and development that:
150 [(i)] (a) is aligned to the Utah core standards for preschool that the [State Board of
151 Education] state board adopts; and
152 [(ii)] (b) evaluates student progress to inform instruction;
153 [(d)] (4) administration of the school readiness assessment to each student;
154 [(e)] (5) [for a preschool program that an eligible LEA runs, ]a class size that does not
155 exceed 20 students, with one adult for every 10 students in the class;
156 [(f)] (6) ongoing program evaluation and data collection to monitor program goal
157 achievement and implementation of required program components;
158 [(g)] (7) family engagement, including ongoing communication between home and school,
159 and parent education opportunities based on each family's circumstances;
160 [(h)] (8) only lead teachers who, by the lead teacher's second year, obtain at least:
161 [(i)] (a) the minimum standard of a child development associate certification; or
162 [(ii)] (b) an associate or bachelor's degree in an early childhood education related field;
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163 and
164 [(i)] (9) a kindergarten transition plan.
165 [(2) A high quality school readiness program that a home-based educational technology
166 provider runs shall meet the requirements as described in Title 63N, Chapter 20,
167 UPSTART.]
168 Section 3. Section 35A-15-203 is amended to read:
169 35A-15-203 . School Readiness Restricted Account -- Creation -- Funding --
170 Distribution of funds.
171 (1) There is created in the General Fund a restricted account known as the "School
172 Readiness Restricted [Account".] Account."
173 (2) The School Readiness Restricted Account consists of:
174 (a) money appropriated by the Legislature;
175 (b) all income and interest derived from the deposit and investment of money in the
176 account;
177 (c) federal grants; and
178 (d) private donations.
179 (3) Subject to legislative appropriations, money in the restricted account may be used:
180 (a) to award a grant under Section 35A-15-301 or 35A-15-302;
181 (b) to contract with an evaluator;
182 (c) to fund the participation of eligible students in a high quality school readiness
183 program through a results-based contract; and
184 (d) for administration costs and to monitor the programs described in this part.
185 (4) Money for awards under Subsection (3)(a) shall be allocated in the following order to:
186 (a) pay results-based contracts;
187 (b) grant awards under Section 35A-15-302; and
188 (c) if any allocated funds remain, grant awards under Section 35A-15-301.
189 Section 4. Section 35A-15-301 is amended to read:
190 35A-15-301 . Becoming Quality School Readiness Grant Program.
191 (1) The [High] Becoming Quality School Readiness Grant Program is created to provide
192 grants to the following, in order to assist an existing preschool [or home-based
193 educational technology program ]in becoming a high quality school readiness program:
194 (a) an eligible private provider; or
195 (b) an eligible LEA[; or] .
196 [(c) an eligible home-based educational technology provider.]
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197 (2) [The board, in cooperation with the department and the State Board of Education,] The
198 department, in consultation with the school readiness team, shall solicit proposals from
199 eligible LEAs[,] and eligible private providers[, and eligible home-based educational
200 technology providers].
201 (3) Subject to legislative appropriations, [and the prioritization described in Section
202 35A-15-201, the board] the department, in consultation with the school readiness team,
203 shall award grants to [respondents] applicants based on:
204 (a) [a respondent's] an applicant's capacity to effectively implement the components
205 described in Section 35A-15-202;
206 (b) the percentage of [a respondent's students who are ]eligible students; and
207 (c) the level of administrative support and leadership at [a respondent's] an applicant's
208 program to effectively implement, monitor, and evaluate the program.
209 (4) To receive a grant under this section, [a respondent] an applicant shall submit a proposal
210 to the [board] department detailing:
211 (a) the [respondent's] applicant's strategy to implement the high quality components
212 described in Section 35A-15-202;
213 (b) the number of proposed students[ the respondent plans to serve], categorized by age
214 and whether the students are eligible students;
215 (c) for an eligible LEA or eligible private provider, the number of high quality school
216 readiness program classrooms the [respondent] applicant plans to operate; and
217 (d) the estimated cost per student.
218 (5) (a) A grant recipient [of a grant under this section ]shall use the grant to move the
219 recipient's preschool program toward achieving the components described in Section
220 35A-15-202.
221 (b) A grant recipient [of a grant under this section ]may not:
222 (i) enter into a results-based contract while the recipient receives the grant; or
223 (ii) receive grant funds under Section 35A-15-302.
224 (6) A grant recipient [of a grant under this section ]shall ensure that each student who is
225 enrolled in a classroom [or who uses a home-based educational technology program ]
226 supported by the grant has a unique student identifier by:
227 (a) if the recipient is an eligible LEA, assigning a unique student identifier to each
228 student enrolled in the classroom; or
229 (b) if the recipient is an eligible private provider [or eligible home-based educational
230 technology provider, ]working with the [State Board of Education] state board to
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231 assign a unique student identifier to each student enrolled in the classroom[ or who
232 uses the home-based educational technology program].
233 [(7) A grant recipient that is an eligible LEA shall report annually to the board and the
234 State Board of Education the following:]
235 [(a) number of students served by the preschool, including the number of students who are
236 eligible students;]
237 [(b) attendance;]
238 [(c) cost per student; and]
239 [(d) assessment results, including the school readiness assessment, kindergarten
240 assessment, and other assessments as determined by the board.]
241 [(8) A grant recipient that is an eligible priva