Bill Summary – FastDemocracy

Enrolled Copy                                                                         H.B. 193
                                 FULL-DAY KINDERGARTEN
                                      2022 GENERAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Steve Waldrip
                                  Senate Sponsor: Ann Millner
 Cosponsors:                          Dan N. Johnson                      V. Lowry Snow
 Carl R. Albrecht Karen Kwan Robert M. Spendlove
 Melissa G. Ballard Ashlee Matthews Andrew Stoddard
 Gay Lynn Bennion Carol Spackman Moss Elizabeth Weight
 Joel K. Briscoe Calvin R. Musselman Douglas R. Welton
 Clare Collard Doug Owens Mark A. Wheatley
 Jennifer Dailey-Provost Karen M. Peterson Mike Winder
 Stephen G. Handy Stephanie Pitcher
 Suzanne Harrison Judy Weeks Rohner
 Sandra Hollins Angela Romero
16
 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
       H.B. 193                                                                     Enrolled Copy
 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:
             C   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
48
 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
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       Enrolled Copy                                                                         H.B. 193
 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.
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        H.B. 193                                                                          Enrolled Copy
        (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:
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       Enrolled Copy                                                                           H.B. 193
        (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
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        H.B. 193                                                                         Enrolled Copy
 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).
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        Enrolled Copy                                                                          H.B. 193
        (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
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        H.B. 193                                                                       Enrolled Copy
 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
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        Enrolled Copy                                                                            H.B. 193
        (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 le