§ 53A-1b-110. Results-based school readiness contracts -- Board duties -- Independent evaluator. (Effective 5/13/2014)

(1)

(a) The board may negotiate and enter into a results-based contract with a private entity, selected through a competitive process, to fund:

(i) a high quality preschool program described in Section 53A-1b-107;

(ii) a high quality preschool program described in Section 53A-1b-108; or

(iii) a home-based education technology program described in Section 53A-1b-109.

(b) The board may not issue a results-based contract if the total outstanding obligations of results-based contracts issued by the board under this part would exceed $15,000,000 at any one time.

(c) The board may provide for a repayment to a private entity to include a return of investment and an additional return on investment, dependent on achievement of specific performance outcome measures set in the results-based contract.

(d) The additional return on investment described in Subsection (1)(c) 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 school readiness contract.

(e) Funding obtained for an early education program under this part is not a procurement item under Section 63G-6a-103.

(2) A contract shall include:

(a) a requirement that the repayment to the private entity be conditioned on specific performance outcome measures set in the results-based contract;

(b) a requirement for an independent evaluator to determine whether the performance outcomes have been achieved;

(c) a provision that repayment to the private entity is:

(i) based upon available money in the School Readiness Restricted Account; and

(ii) subject to legislative appropriation; and

(d) that the private entity is not eligible to receive or view any personally identifiable student data of students funded through a results-based contract.

(3) The board shall select an independent, nationally recognized early childhood education evaluator, selected through a request for proposals process, to annually evaluate:

(a) performance outcome measures set in a results-based contract of the board; and

(b) a High Quality School Readiness Grant Program recipient's program.

(4) The board shall select a uniform assessment of age-appropriate cognitive or language skills that:

(a) is nationally norm-referenced;

(b) has established reliability;

(c) has established validity with other similar measures and with later school outcomes; and

(d) has strong psychometric characteristics.

(5)

(a) 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.

(b) If the independent evaluator determines under Subsection (5)(a) that the performance outcome measures have been met, the board may pay the private entity according to the terms of the results-based contract.

(6)

(a) The board shall ensure that a parent or guardian of an eligible student participating in a program funded pursuant to a results-based contract has given permission and signed an acknowledgment that the student's data may be shared with an independent evaluator for research and evaluation purposes.

(b) The board shall maintain documentation of parental permission required in Subsection (6)(a).

Enacted by Chapter 304, 2014 General Session