35A-15 - Preschool Programs

Title 35A > 35A-15

Sections (9)

General Provisions

35A-15-101 - Title.

This chapter is known as “Preschool Programs.”

35A-15-102 - Definitions.

As used in this chapter: 35A-15-102(1) “Department” means the Department of Workforce Services. 35A-15-102(2) “Economically disadvantaged” means to be eligible to receive free or reduced price lunch. 35A-15-102(3) “Eligible LEA” means an LEA that collects longitudinal academic outcome data, including special education use by student, by identifying each student with a statewide unique student identifier.”Eligible LEA” includes a program exempt from licensure under Subsection 26B-2-405(2)(e). 35A-15-102(4) “Eligible private provider” means a child care program that:is licensed under Title 26B, Chapter 2, Part 4, Child Care Licensing; orexcept as provided in Subsection (4)(b)(ii), is exempt from licensure under Section 26B-2-405.”Eligible private provider” does not include:residential child care, as defined in Section 26B-2-401; ora program exempt from licensure under Subsection 26B-2-405(2)(e). 35A-15-102(5) “Eligible student” means a student:who is three, four, or five years old; andis not eligible for enrollment under Subsection 53G-4-402(8); andwho is economically disadvantaged; whose parent or legal guardian reports that the student has experienced at least one risk factor;is an English learner; orhas ever been in foster care. 35A-15-102(6) “Evaluation” means an evaluation conducted in accordance with Section 35A-15-303. 35A-15-102(7) “High quality school readiness program” means a preschool program that:is provided by an eligible LEA or eligible private provider; andmeets the elements of a high quality school readiness program described in Section 35A-15-202. 35A-15-102(8) “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. 35A-15-102(9) “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. 35A-15-102(10) “Local Education Agency” or “LEA” means a school district or charter school. 35A-15-102(11) “Performance outcome measure” means:indicators, as determined by the department, on the school readiness assessment; orfor a results-based contract, the indicators included in the contract. 35A-15-102(12) “Results-based contract” means a contract that:is entered into in accordance with Section 35A-15-402;includes a performance outcome measure; andis between the department, a provider of a high quality school readiness program, and an investor. 35A-15-102(13) “Risk factor” means:having a mother who was 18 years old or younger when the child was born;a member of a child’s household is incarcerated;living in a neighborhood with high violence or crime;having one or both parents with a low reading ability;moving at least once in the past year;living with multiple families in the same household;having exposure in a child’s home to:physical abuse or domestic violence;substance abuse;the death or chronic illness of a parent or sibling; ormental illness; orhaving at least one parent who has not completed high school. 35A-15-102(14) “School readiness assessment” means the same as that term is defined in Section 53E-4-314. 35A-15-102(15) “School readiness team” means a team comprised of staff from:the Department of Workforce Services’ Office of Child Care that support preschool and early care programs; andthe state board that oversees preschool programs. 35A-15-102(16) “State board” means the State Board of Education. 35A-15-102(17) “Tool” means the tool developed in accordance with Section 35A-15-303.

School Readiness Program

35A-15-202 - Elements of a high quality school readiness program.

35A-15-202(1) 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 adopts, and that incorporates:intentional and differentiated instruction in whole group, small group, and child-directed learning; andintentional instruction in key areas of literacy and numeracy, as determined by the state board, that:is teacher led or through a partnership with a contractor as defined in Section 63N-20-101;includes specific literacy and numeracy skills, such as phonological awareness; andincludes provider monitoring and ongoing professional learning and coaching; 35A-15-202(2) ongoing, focused, and intensive professional learning for staff of the school readiness program; 35A-15-202(3) ongoing assessment of a student’s educational growth and development that:is aligned to the Utah core standards for preschool that the state board adopts; andevaluates student progress to inform instruction; 35A-15-202(4) administration of the school readiness assessment to each student; 35A-15-202(5) a class size that does not exceed 20 students, with one adult for every 10 students in the class; 35A-15-202(6) ongoing program evaluation and data collection to monitor program goal achievement and implementation of required program components; 35A-15-202(7) family engagement, including ongoing communication between home and school, and parent education opportunities based on each family’s circumstances; 35A-15-202(8) only lead teachers who, by the lead teacher’s second year, obtain at least:the minimum standard of a child development associate certification; oran associate or bachelor’s degree in an early childhood education related field; and 35A-15-202(9) a kindergarten transition plan.

35A-15-203 - School Readiness Restricted Account — Creation — Funding — Distribution of funds.

35A-15-203(1) There is created in the General Fund a restricted account known as the “School Readiness Restricted Account.” 35A-15-203(2) The School Readiness Restricted Account consists of:money appropriated by the Legislature;all income and interest derived from the deposit and investment of money in the account;federal grants; andprivate donations. 35A-15-203(3) Subject to legislative appropriations, money in the restricted account may be used:to award a grant under Section 35A-15-301 or 35A-15-302;to contract with an evaluator;to fund the participation of eligible students in a high quality school readiness program through a results-based contract; andfor administration costs and to monitor the programs described in this part. 35A-15-203(4) Money for awards under Subsection (3)(a) shall be allocated in the following order to:pay results-based contracts;grant awards under Section 35A-15-302; andif any allocated funds remain, grant awards under Section 35A-15-301.

Grants for High Quality School Readiness Programs

35A-15-301 - Becoming Quality School Readiness Grant Program.

35A-15-301(1) The Becoming Quality School Readiness Grant Program is created to provide grants to the following, in order to assist an existing preschool in becoming a high quality school readiness program:an eligible private provider; oran eligible LEA. 35A-15-301(2) The department, in consultation with the school readiness team, shall solicit proposals from eligible LEAs and eligible private providers. 35A-15-301(3) Subject to legislative appropriations, the department, in consultation with the school readiness team, shall award grants to applicants based on:an applicant’s capacity to effectively implement the components described in Section 35A-15-202;the percentage of eligible students; andthe level of administrative support and leadership at an applicant’s program to effectively implement, monitor, and evaluate the program. 35A-15-301(4) To receive a grant under this section, an applicant shall submit a proposal to the department detailing:the applicant’s strategy to implement the high quality components described in Section 35A-15-202;the number of proposed students, categorized by age and whether the students are eligible students;for an eligible LEA or eligible private provider, the number of high quality school readiness program classrooms the applicant plans to operate; andthe estimated cost per student. 35A-15-301(5) A grant recipient shall use the grant to move the recipient’s preschool program toward achieving the components described in Section 35A-15-202.A grant recipient may not:enter into a results-based contract while the recipient receives the grant; orreceive grant funds under Section 35A-15-302. 35A-15-301(6) A grant recipient shall ensure that each student who is enrolled in a classroom supported by the grant has a unique student identifier by:if the recipient is an eligible LEA, assigning a unique student identifier to each student enrolled in the classroom; orif the recipient is an eligible private provider working with the state board to assign a unique student identifier to each student enrolled in the classroom. 35A-15-301(7) A grant recipient shall work in cooperation with the UPSTART contractor in accordance with Section 63N-20-103 and develop data sharing agreements that include:program information;referrals; andshared student performance outcomes. 35A-15-301(8) The department, in consultation with the school readiness team, shall make rules to effectively administer and monitor the grant program described in this section, including:requiring grant recipients to use assessments, including the school readiness assessment, as determined by the school readiness team; andestablishing reporting requirements for grant recipients. 35A-15-301(9) Subject to funding availability, a grant recipient may receive a grant under this section for no longer than three years.

35A-15-302 - High Quality School Readiness Grant Program — Determination of high quality school readiness program.

35A-15-302(1) The High Quality School Readiness Grant Program is created to expand access to high quality school readiness programs for eligible students through grants administered by the department for eligible LEAs and private providers. 35A-15-302(2) The department, in consultation with the school readiness team, shall solicit proposals from eligible LEAs and eligible private providers . 35A-15-302(3) An applicant shall submit a proposal that includes the information described in Subsection (3)(b) to the department.An applicant’s proposal for the grant solicitation described in Subsection (2) shall include:the applicant’s existing and proposed school readiness program, including:the number of students served by the applicant’s school readiness program;the estimated cost per student; andany fees a parent or legal guardian pays for the school readiness program;how the applicant would use a grant to:expand the number of eligible students served by the applicant’s school readiness program; andtarget the funding toward the highest risk students;the results of any evaluations of the applicant’s school readiness program; anda demonstration that the respondent’s existing school readiness program meets performance outcome measures. 35A-15-302(4) For each proposal received in response to the solicitation described in Subsection (2), the school readiness team shall determine if the applicant school readiness program is a high quality school readiness program by:applying the tools;reviewing performance outcome measures; andimplementing the elements of a high quality school readiness program. 35A-15-302(5) Subject to legislative appropriations and Subsection (8), the department, in consultation with the school readiness team, shall award a grant to an applicant.The department may only award a grant to an applicant if:the applicant submits a proposal that includes the information required under Subsection (3); andthe school readiness team determines that the applicant’s program is a high quality school readiness program in accordance with Subsection (4).A grant recipient may use funds received under this section to supplement an existing program but not supplant other funding.An eligible LEA or an eligible private provider may not receive funding under this section if the eligible LEA or eligible private provider receives funding under Section 35A-15-301 or 35A-15-401. 35A-15-302(6) In evaluating a proposal received in response to the solicitation described in Subsection (2), the school readiness team shall consider:the number and percent of students in the applicant’s high quality school readiness program that are eligible students at the highest risk;geographic diversity, including whether the applicant is urban or rural; andthe applicant’s level of administrative support and leadership to effectively implement, monitor, and evaluate the program. 35A-15-302(7) A grant recipient shall work in cooperation with the UPSTART contractor in accordance with Section 63N-20-103 and develop data sharing agreements that include:program information;referrals; andshared student performance outcomes. 35A-15-302(8) Subject to legislative appropriations, the department shall give priority in awarding grants to an applicant that has previously received a grant under this section if the applicant:makes the annual report described in Section 35A-15-303;participates in the evaluation; andcontinues to offer a high quality school readiness program. 35A-15-302(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department, in consultation with the school readiness team, shall make rules to:implement the observation tools; andadminister the grant program.

35A-15-303 - Evaluation — Tools — Reporting.

35A-15-303(1) The school readiness team shall conduct the ongoing review and evaluation each school year of:a grant recipient under Section 35A-15-301; anda grant recipient under Section 35A-15-302. 35A-15-303(2) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state board may enter into a contract with an evaluator to assist with the evaluation process.An evaluation described in Subsection (1) shall include:outcomes of onsite observations utilizing the tools developed under Subsection (4) at a frequency and number of classrooms visits established by the department, in consultation with the school readiness team;performance on the performance outcome measures; whether any of the programs improved kindergarten readiness through funding provided under Section 35A-15-301 or 35A-15-302; andstudent demographic data. 35A-15-303(3) The school readiness team shall determine whether there is a correlation between the tools and the performance outcome measure. 35A-15-303(4) The school readiness team shall:develop tools to determine whether a school readiness program is a high quality school readiness program; establish how to apply the tools to make a determination described in this Subsection (4);establish how the school readiness team will assess performance outcome measures; andadopt benchmarks for success on the performance outcome measures for a grant recipient under this section.The department, in consultation with the school readiness team, may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for purposes of this Subsection (4). 35A-15-303(5) A grant recipient that receives a grant award under Section 35A-15-302 shall annually submit to the school readiness team:the number of students served by the preschool, including:the number of students who are eligible students; andthe student’s demographic area;student attendance;the cost per student; andassessment results, including the school readiness assessment, and other assessments as determined by the school readiness team.The assessment results under Subsection (5)(a)(iv) shall include:student data assessment data and growth scores; andthe observation tool score.If a student growth or observation score is below the benchmark for success established by the school readiness team, the grant recipient shall:after the first year of not meeting the established benchmark:develop an action plan informed by a data analysis to inform focus improvement efforts; andsubmit a mid-year report on the progress of improvement efforts to the school readiness team; andafter the second year of not meeting the established benchmark:develop an action plan informed by a data analysis to inform focus improvement efforts; andsubmit a monthly report on the progress of improvement efforts to the school readiness team.In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department, in consultation with the school readiness team, may adopt rules to establish eligibility criteria and grant funding priority for a grant recipient who, after three consecutive years, fails to meet the benchmark for success described in Subsection (5)(c).

Results-based Contract Funded Programs

35A-15-401 - Requirements for a school readiness program to receive funding through a results-based contract.

35A-15-401(1) As used in this section:“Participating program operator” means an eligible LEA, a private provider, or a home-based educational technology provider that is a party to a results-based contract.”Program” means a school readiness program funded through a results-based contract. 35A-15-401(2) Subject to the requirements of this part, an eligible LEA, an eligible private provider, or an eligible home-based educational technology provider that operates a high quality school readiness program may enter into and receive funding through a results-based contract.An eligible LEA, an eligible private provider, or an eligible home-based educational technology provider may not enter into a results-based contract while receiving a grant under Part 3, Grants for High Quality School Readiness Programs. 35A-15-401(3) A participating program operator shall ensure that each student who is enrolled in a classroom, or who uses a home-based educational technology, that is part of a participating program operator’s program has a unique student identifier by:if the participating program operator is an eligible LEA, assigning a unique student identifier to each student enrolled in the classroom; orif the participating program operator is an eligible private provider or eligible home-based technology provider, working with the state board to assign a unique student identifier to each student enrolled in the classroom or who uses the home-based educational technology. 35A-15-401(4) A participating program operator may not use funds received through a results-based contract to supplant funds for an existing high quality school readiness program, but may use the funds to supplement an existing high quality school readiness program. 35A-15-401(5) If not prohibited by the Elementary and Secondary Education Act of 1965, 20 U.S.C. Secs. 6301-6576, a participating program operator may charge a sliding scale fee, based on household income, to a student enrolled in the participating program operator’s program.A participating program operator may use grants, scholarships, or other money to help fund the program. 35A-15-401(6) A participating program operator that is an eligible LEA may contract with an eligible private provider to provide a high quality school readiness program to a portion of the eligible LEA’s eligible students if:the results-based contract specifies the number of students to be served by the eligible private provider; andthe eligible private provider meets the requirements described in this section for a participating program operator.An eligible LEA that contracts with an eligible private provider shall provide supportive services to the eligible private provider, which may include:professional learning;staffing or staff support;materials; orassessments.

35A-15-402 - Results-based contracts — Assessment.

35A-15-402(1) The department may enter into a results-based contract to fund participation of eligible students in a high quality school readiness program in accordance with this part. 35A-15-402(2) The department shall include an investor as a party to a results-based contract.The department may provide for a repayment to an investor to include a return of investment and an additional return on investment, dependent on achievement of the performance outcome measures set in the results-based contract.The additional return on investment described in Subsection (2)(b) may not exceed 5% above the current Municipal Market Data General Obligation Bond AAA scale for a 10 year maturity at the time of the issuance of the results-based contract.Funding obtained for an early education program through a results-based contract that includes an investor is not a procurement item under Section 63G-6a-103.A results-based contract that includes an investor shall include:a requirement that the repayment to the investor be conditioned on achieving the performance outcome measures set in the results-based contract;a requirement for an independent evaluator to determine whether the performance outcome measures have been achieved;a provision that repayment to the investor is:based upon available money in the School Readiness Restricted Account described in Section 35A-15-203; andsubject to legislative appropriations; anda provision that the investor is not eligible to receive or view personally identifiable student data of students funded through the results-based contract.The department may not issue a results-based contract if the total outstanding obligations of results-based contracts that include an investor as a party to the contract would exceed $15,000,000 at any one time. 35A-15-402(3) The department shall require an independent evaluation to determine if a school readiness program meets the performance outcome measures included in a results-based contract. 35A-15-402(4) If the department enters into a results-based contract, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, the department shall select an independent evaluator with experience in evaluating school readiness programs. 35A-15-402(5) At the end of each year of a results-based contract after a student funded through a results-based contract completes kindergarten, the independent evaluator shall determine whether the performance outcome measures set in the results-based contract have been met.The department may not pay an investor unless the evaluation described in Subsection (5)(a) determines that the performance outcome measures in the results-based contract have been met. 35A-15-402(6) The department shall ensure that a parent or guardian of an eligible student participating in a program funded through a results-based contract has given permission and signed an acknowledgment that the student’s data may be shared for research and evaluation purposes, subject to federal law.The department shall maintain documentation of parental permission required in Subsection (6)(a).