Bill Summary – FastDemocracy

Enrolled Copy                                                                         H.B. 494
                        EDUCATION REPORTING AMENDMENTS
                                      2023 GENERAL SESSION
                                           STATE OF UTAH
                                Chief Sponsor: Susan Pulsipher
                                Senate Sponsor: Lincoln Fillmore
 6
 LONG TITLE
 General Description:
        This bill repeals requirements regarding the disposal of textbooks.
 Highlighted Provisions:
        This bill:
        < amends a reporting requirement for the Digital Teaching and Learning Grant
 Program; and
        < repeals a section that requires:
            C   local education agencies to notify all other local education agencies before
 disposing of undamaged textbooks; and
            C   the State Board of Education to make rules regarding the disposal of textbooks.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        53F-2-510, as last amended by Laws of Utah 2022, Chapter 408
 REPEALS:
        53G-7-606, as last amended by Laws of Utah 2019, Chapters 223, 293
27
 Be it enacted by the Legislature of the state of Utah:
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         Section 1. Section 53F-2-510 is amended to read:
         53F-2-510. Digital Teaching and Learning Grant Program.
         (1) As used in this section:
         (a) "Advisory committee" means the committee established by the state board under
 Subsection [(7)(b)] (6)(b).
         (b) "Digital readiness assessment" means an assessment provided by the state board
 that:
         (i) is completed by an LEA analyzing an LEA's readiness to incorporate comprehensive
 digital teaching and learning; and
         (ii) informs the preparation of an LEA's plan for incorporating comprehensive digital
 teaching and learning.
         (c) "High quality professional learning" means the professional learning standards
 described in Section 53G-11-303.
         (d) "Implementation assessment" means an assessment that analyzes an LEA's
 implementation of an LEA plan, including identifying areas for improvement, obstacles to
 implementation, progress toward the achievement of stated goals, and recommendations going
 forward.
         (e) "LEA plan" means an LEA's plan to implement a digital teaching and learning
 program that meets the requirements of this section and requirements set forth by the state
 board and the advisory committee.
         (f) "Program" means the Digital Teaching and Learning Grant Program created and
 described in Subsections (5) through (10).
         (g) "Utah Education and Telehealth Network" or "UETN" means the Utah Education
 and Telehealth Network created in Section 53B-17-105.
         (2) (a) The state board shall establish a digital teaching and learning task force to
 develop a funding proposal to present to the Legislature for digital teaching and learning in
 elementary and secondary schools.
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      Enrolled Copy                                                                          H.B. 494
        (b) The digital teaching and learning task force shall include representatives of:
        (i) the state board;
        (ii) UETN;
        (iii) LEAs; and
        (iv) the Governor's Education Excellence Commission.
        (3) As funding allows, the state board shall develop a master plan for a statewide
 digital teaching and learning program, including the following:
        (a) a statement of purpose that describes the objectives or goals the state board will
 accomplish by implementing a digital teaching and learning program;
        (b) a forecast for fundamental components needed to implement a digital teaching and
 learning program, including a forecast for:
        (i) student and teacher devices;
        (ii) Wi-Fi and wireless compatible technology;
        (iii) curriculum software;
        (iv) assessment solutions;
        (v) technical support;
        (vi) change management of LEAs;
        (vii) high quality professional learning;
        (viii) Internet delivery and capacity; and
        (ix) security and privacy of users;
        (c) a determination of the requirements for:
        (i) statewide technology infrastructure; and
        (ii) local LEA technology infrastructure;
        (d) standards for high quality professional learning related to implementing and
 maintaining a digital teaching and learning program;
        (e) a statewide technical support plan that will guide the implementation and
 maintenance of a digital teaching and learning program, including standards and competency
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       H.B. 494
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 requirements for technical support personnel;
        (f) (i) a grant program for LEAs; or
        (ii) a distribution formula to fund LEA digital teaching and learning programs;
        (g) in consultation with UETN, an inventory of the state public education system's
 current technology resources and other items and a plan to integrate those resources into a
 digital teaching and learning program;
        (h) an ongoing evaluation process that is overseen by the state board;
        (i) proposed rules that incorporate the principles of the master plan into the state's
 public education system as a whole; and
        (j) a plan to ensure long-term sustainability that:
        (i) accounts for the financial impacts of a digital teaching and learning program; and
        (ii) facilitates the redirection of LEA savings that arise from implementing a digital
 teaching and learning program.
        (4) UETN shall:
        (a) in consultation with the state board, conduct an inventory of the state public
 education system's current technology resources and other items as determined by UETN,
 including software;
        (b) perform an engineering study to determine the technology infrastructure needs of
 the public education system to implement a digital teaching and learning program, including
 the infrastructure needed for the state board, UETN, and LEAs; and
        (c) as funding allows, provide infrastructure and technology support for school districts
 and charter schools.
        (5) There is created the Digital Teaching and Learning Grant Program to improve
 educational outcomes in public schools by effectively incorporating comprehensive digital
 teaching and learning technology.
        (6) The state board shall:
        (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
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        Enrolled Copy                                                                           H.B. 494
 adopt rules for the administration of the program, including rules requiring:
         (i) an LEA to complete a digital readiness assessment the first time an LEA applies for
 the grant;
         (ii) [an LEA plan to include] measures to ensure that the LEA monitors and
 implements technology with best practices[, including the recommended use for effectiveness];
 and
         (iii) [an LEA plan to include] robust goals for learning outcomes and appropriate
 measurements of goal achievement; [and]
         [(iv) an LEA to demonstrate that the LEA plan can be fully funded by grant funds or a
 combination of grant and local funds;]
         (b) establish an advisory committee to make recommendations on the program and
 LEA plan requirements and report to the state board; and
         (c) in accordance with this section, approve LEA plans and award grants.
         (7) (a) The state board shall, subject to legislative appropriations, award a grant to an
 LEA:
         (i) that submits an LEA plan that meets the requirements described in Subsection (8);
 and
         (ii) for which the LEA's leadership and management members have completed a digital
 teaching and learning leadership and implementation training as provided in Subsection (7)(b).
         (b) The state board or its designee shall provide the training described in Subsection
 (7)(a)(ii).
         (8) The state board shall establish requirements of an LEA plan that shall include:
         (a) the results of the LEA's digital readiness assessment and a proposal to remedy an
 obstacle to implementation or other issues identified in the assessment;
         (b) [a proposal to provide] high quality professional learning for educators in the use of
 digital teaching and learning technology;
         (c) [a proposal for] leadership training and management restructuring, if necessary, for
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       H.B. 494
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 successful implementation;
        (d) [clearly identified] targets for improved student achievement, student learning, and
 college readiness through digital teaching and learning; and
        (e) any other requirement established by the state board in rule made in accordance
 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including an application
 process and metrics to analyze the quality of a proposed LEA plan.
        (9) The state board or the state board's designee shall establish an interactive dashboard
 available to each LEA that is awarded a grant for the LEA to track and report the LEA's
 long-term, intermediate, and direct outcomes in real time and for the LEA to use to create
 customized reports.
        (10) (a) There is no federal funding, federal requirement, federal education agreement,
 or national program included or related to this state adopted program.
        (b) Any inclusion of federal funding, federal requirement, federal education agreement,
 or national program shall require separate express approval as provided in Title 53E, Chapter 3,
 Part 8, Implementing Federal or National Education Programs.
        (11) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state board
 shall contract with an independent evaluator to:
        (a) support each LEA that receives a grant as part of the program to complete an
 implementation assessment for each year that the LEA participates;
        (b) report the findings of an implementation assessment to the state board; and
        (c) submit to the state board recommendations to resolve issues that an implementation
 assessment raises.
        (12) The state board or the state board's designee shall review an implementation
 assessment and review each participating LEA's progress from the previous year, as applicable.
        (13) The state board shall establish interventions for an LEA that does not make
 progress on implementation of the LEA's implementation plan, including:
        (a) nonrenewal of, or time period extensions for, the LEA's grant;
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        Enrolled Copy                                                                         H.B. 494
        (b) reduction of funds; or
        (c) other interventions to assist the LEA.
        (14) (a) To implement an LEA plan, a contract, in accordance with Title 63G, Chapter
 6a, Utah Procurement Code, or other agreement with one or more providers of technology
 powered learning solutions and one or more providers of wireless networking solutions may be
 entered into by:
        (i) UETN, in cooperation with or on behalf of, as applicable, the state board, the state
 board's designee, or an LEA; or
        (ii) an LEA.
        (b) A contract or agreement entered into under Subsection (14)(a) may be a contract or
 agreement that:
        (i) UETN enters into with a provider and payment for services is directly appropriated
 by the Legislature, as funds are available, to UETN;
        (ii) UETN enters into with a provider and pays for the provider's services and is
 reimbursed for payments by an LEA that benefits from the services;
        (iii) UETN negotiates the terms of on behalf of an LEA that enters into the contract or
 agreement directly with the provider and the LEA pays directly for the provider's services; or
        (iv) an LEA enters into directly, pays a provider, and receives preapproved
 reimbursement from a UETN fund established for this purpose.
        (c) If an LEA does not reimburse UETN in a reasonable time for services received
 under a contract or agreement described in Subsection (14)(b), the state board shall pay the
 balance due to UETN from the LEA's funds received under Chapter 2, State Funding --
 Minimum School Program.
        (d) If UETN negotiates or enters into an agreement as described in Subsection
 (14)(b)(ii) or (14)(b)(iii), and UETN enters into an additional agreement with an LEA that is
 associated with the agreement described in Subsection (14)(b)(ii) or (14)(b)(iii), the associated
 agreement may be treated by UETN and the LEA as a cooperative procurement, as that term is
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       H.B. 494
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 defined in Section 63G-6a-103, regardless of whether the associated agreement satisfies the
 requirements of Section 63G-6a-2105.
        Section 2. Repealer.
        This bill repeals:
        Section 53G-7-606, Disposal of textbooks.
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Statutes affected: 
H.B. 494 1st Substitute (Not Adopted) Text: 53F-2-510
Enrolled: 53F-2-510