(1) Subject to legislative appropriations, the state board shall distribute funds to public schools based on enrollment for students in kindergarten through grade 3 to purchase personalized interactive reading software.
(2) A public school that receives funds described in Subsection (1) shall use the funds for a student in kindergarten or grade 1, 2, or 3:
(a) for intervention for the student if the student is reading below grade level; or
(b) for advancement beyond grade level for the student if the student is reading at or above grade level.
(3)
(a) On or before August 1 of each year, the state board shall select and contract with an independent evaluator, through a request for proposals process, to act as an independent contractor to evaluate early interactive reading software provided under this section.
(b) The state board shall ensure that a contract with an independent evaluator requires the independent evaluator to:
(i) evaluate a student's learning gains as a result of using early interactive reading software provided under Subsection (1);
(ii) for the evaluation under Subsection (3)(b)(i), use an assessment that is not developed by a provider of early interactive reading software; and
(iii) determine the extent to which a public school uses the early interactive reading software.
(c) The state board and the independent evaluator selected under Subsection (3)(a) shall submit a report on the results of the evaluation in accordance with Section 53E-1-201.
(4) An LEA may acquire an analytical software program that:
(a) monitors, for an individual school, early intervention interactive reading software use and the associated impact on student performance; and
(b) analyzes the information gathered under Subsection (4)(a) to prescribe individual school usage time to maximize the beneficial impact on student performance.
(5) The state board:
(a) may use up to 6% of the appropriation provided under Subsection (1):
(i) to contract with an independent evaluator selected under Subsection (3)(a); and
(ii) for administrative costs associated with this section; and
(b) shall distribute at least 94% of funds under this section to LEAs in accordance with Subsection (1).
(6) Nothing in this section or in Section 53E-4-307 or 53G-11-303 requires a reading software product to demonstrate the statistically significant effect size described in Subsection 53G-11-303(1)(a) in order to be used as an instructional material.