2023 Utah Code › Title 53F - Public Education System -- Funding › Chapter 2 - State Funding -- Minimum School Program › Part 5 - Related to Basic Program -- Grant Programs › Section 503 - Early Literacy Program -- Literacy proficiency plan.

Effective 5/4/2022
53F-2-503.
Early Literacy Program -- Literacy proficiency plan.
(1) As used in this section:
(a) "Program" means the Early Literacy Program.
(b) "Program money" means:
(i) school district revenue allocated to the program from other money available to the school district, except money provided by the state, for the purpose of receiving state funds under this section; and
(ii) money appropriated by the Legislature to the program.
(2) The Early Literacy Program consists of program money and is created to supplement other school resources for early literacy.
(3) Subject to future budget constraints, the Legislature may annually appropriate money to the Early Literacy Program.
(4) An LEA governing board of a school district or a charter school that serves students in any of grades kindergarten through grade 3 shall submit, in accordance with Section 53G-7-218, a plan to the state board for literacy proficiency improvement that incorporates the following components:
(a) core instruction in:
(i) phonological awareness;
(ii) phonics;
(iii) fluency;
(iv) comprehension;
(v) vocabulary;
(vi) oral language; and
(vii) writing;
(b) intervention strategies that are aligned to student needs;
(c) assessments that support adjustments to core and intervention instruction;
(d) a growth goal for the school district or charter school that:
(i) is based upon student learning gains as measured by benchmark assessments administered pursuant to Section 53E-4-307; and
(ii) includes a target of at least 60% of all students in grades 1 through 3 meeting the growth goal; and
(e) at least one goal that is specific to the school district or charter school that:
(i) is measurable;
(ii) addresses current performance gaps in student literacy based on data; and
(iii) includes specific strategies for improving outcomes.
(5)
(a) There are created within the Early Literacy Program three funding programs:
(i) the Base Level Program;
(ii) the Guarantee Program; and
(iii) the Low Income Students Program.
(b) The state board may use up to $7,500,000 from an appropriation described in Subsection (3) for computer-assisted instructional learning and assessment programs.
(6) Money appropriated to the state board for the Early Literacy Program and not used by the state board for computer-assisted instructional learning and assessments described in Subsection (5)(b) shall be allocated to the three funding programs as follows:
(a) 8% to the Base Level Program;
(b) 46% to the Guarantee Program; and
(c) 46% to the Low Income Students Program.
(7)
(a) For a school district or charter school to participate in the Base Level Program, the LEA governing board shall submit a plan described in Subsection (4) and shall receive approval of the plan from the state board.
(b)
(i) The local school board of a school district qualifying for Base Level Program funds and the charter school governing boards of qualifying elementary charter schools combined shall receive a base amount.
(ii) The base amount for the qualifying elementary charter schools combined shall be allocated among each charter school in an amount proportionate to:
(A) each existing charter school's prior year fall enrollment in grades kindergarten through grade 3; and
(B) each new charter school's estimated fall enrollment in grades kindergarten through grade 3.
(8)
(a) A local school board that applies for program money in excess of the Base Level Program funds may choose to first participate in the Guarantee Program or the Low Income Students Program.
(b) A school district shall fully participate in either the Guarantee Program or the Low Income Students Program before the local school board may elect for the school district to either fully or partially participate in the other program.
(c) For a school district to fully participate in the Guarantee Program, the local school board shall allocate to the program money available to the school district, except money provided by the state, equal to the amount of revenue that would be generated by a tax rate of .000056.
(d) For a school district to fully participate in the Low Income Students Program, the local school board shall allocate to the program money available to the school district, except money provided by the state, equal to the amount of revenue that would be generated by a tax rate of .000065.
(e)
(i) The state board shall verify that a local school board allocates the money required in accordance with Subsections (8)(c) and (d) before the state board distributes funds in accordance with this section.
(ii) The State Tax Commission shall provide the state board the information the state board needs in order to comply with Subsection (8)(e)(i).
(9)
(a) Except as provided in Subsection (9)(c), the local school board of a school district that fully participates in the Guarantee Program shall receive state funds in an amount that is:
(i) equal to the difference between $21 multiplied by the school district's total WPUs and the revenue the local school board is required to allocate under Subsection (8)(c) for the school district to fully participate in the Guarantee Program; and
(ii) not less than $0.
(b) Except as provided in Subsection (9)(c), an elementary charter school shall receive under the Guarantee Program an amount equal to $21 times the elementary charter school's total WPUs.
(c) The state board may adjust the $21 guarantee amount described in Subsections (9)(a) and (b) to account for actual appropriations and money used by the state board for computer-assisted instructional learning and assessments.
(10) The state board shall distribute Low Income Students Program funds in an amount proportionate to the number of students in each school district or charter school who qualify for free or reduced price school lunch multiplied by two.
(11) A school district that partially participates in the Guarantee Program or Low Income Students Program shall receive program funds based on the amount of school district revenue allocated to the program as a percentage of the amount of revenue that could have been allocated if the school district had fully participated in the program.
(12)
(a) An LEA governing board shall use program money for early literacy interventions and supports in kindergarten through grade 3 that have proven to significantly increase the percentage of students who are proficient in literacy, including:
(i) evidence-based intervention curriculum;
(ii) literacy assessments that identify student learning needs and monitor learning progress; or
(iii) focused literacy interventions that may include:
(A) the use of reading specialists or paraprofessionals;
(B) tutoring;
(C) before or after school programs;
(D) summer school programs; or
(E) the use of interactive computer software programs for literacy instruction and assessments for students.
(b) An LEA governing board may use program money for portable technology devices used to administer literacy assessments.
(c) Program money may not be used to supplant funds for existing programs, but may be used to augment existing programs.
(13) If an LEA governing board uses program money in a manner that is inconsistent with Subsection (12), the school district or charter school is liable for reimbursing the state board for the amount of program money improperly used, up to the amount of program money received from the state board.
(14)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules to implement the program.
(b)
(i) The rules under Subsection (14)(a) shall require each LEA governing board to annually report progress in meeting goals described in Subsections (4)(d) and (e), including the strategies the school district or charter school uses to address the goals.
(ii) If a school district or charter school does not meet or exceed the school district's or charter school's goals described in Subsections (4)(d) or (e), the LEA governing board shall prepare a new plan that corrects deficiencies.
(iii) The new plan described in Subsection (14)(b)(ii) shall be approved by the state board before the LEA governing board receives an allocation for the next year.
(15) The state board may use up to 3% of the funds appropriated by the Legislature to carry out the provisions of this section for administration of the program.
(16) The state board shall make an annual report in accordance with Section 53E-1-203 that:
(a) includes information on:
(i) student learning gains in early literacy for the past school year and the five-year trend;
(ii) the percentage of grade 3 students who are proficient in English language arts in the past school year and the five-year trend;
(iii) the progress of school districts and charter schools in meeting goals described in a plan described in Subsection (4); and
(iv) the specific strategies or interventions used by school districts or charter schools that have significantly improved early grade literacy proficiency; and
(b) may include recommendations on how to increase the percentage of grade 3 students who are proficient in English language arts, including how to use a strategy or intervention described in Subsection (16)(a)(iv) to improve literacy proficiency for additional students.
(17) The report described in Subsection (16) shall include information provided through the digital reporting platform described in Subsection 53G-7-218(5)(a).
Amended by Chapter 408, 2022 General Session