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

(1)  As used in this section:

Terms Used In Utah Code 35A-15-401

  • Board: means the School Readiness Board, created in Section 35A-15-201. See Utah Code 35A-15-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Eligible home-based educational technology provider: means a provider that offers a home-based educational technology program to develop the school readiness skills of an eligible student. See Utah Code 35A-15-102
  • Eligible private provider: means a child care program that:
(i) is licensed under 4; or
(ii) except as provided in Subsection (5)(b)(ii), is exempt from licensure under Section 26B-2-405. See Utah Code 35A-15-102
  • 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. See Utah Code 35A-15-102
  • LEA: means a school district or charter school. See Utah Code 35A-15-102
  • 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. See Utah Code 35A-15-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (a)  “Participating program operator” means an eligible LEA, an eligible private provider, or an eligible home-based educational technology provider, that is a party to a results-based contract.

    (b)  “Program” means a school readiness program funded through a results-based contract.
  • (2) 

    (a)  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.

    (b)  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 3.

    (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:

    (a)  if the participating program operator is an eligible LEA, assigning a unique student identifier to each student enrolled in the classroom; or

    (b)  if the participating program operator is an eligible private provider or eligible home-based technology provider, working with the State Board of Education to assign a unique student identifier to each student enrolled in the classroom or who uses the home-based educational technology.

    (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.

    (5) 

    (a)  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.

    (b)  A participating program operator may use grants, scholarships, or other money to help fund the program.

    (6) 

    (a)  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:

    (i)  the results-based contract specifies the number of students to be served by the eligible private provider; and

    (ii)  the eligible private provider meets the requirements described in this section for a participating program operator.

    (b)  An eligible LEA that contracts with an eligible private provider shall provide supportive services to the eligible private provider, which may include:

    (i)  professional development;

    (ii)  staffing or staff support;

    (iii)  materials; or

    (iv)  assessments.

    Amended by Chapter 342, 2019 General Session, (Coordination Clause)
    Renumbered and Amended by Chapter 342, 2019 General Session

    Coordination clause direction that Section 35A-15-401 supersede Section 53F-6-306.