Senate Amendment 21 to S 935
Session 124 (2021-2022)

Senator FANNING proposed the following amendment (WAB\935C028.RT.WAB22):

Amend the bill, as and if amended, SECTION 2, by striking Section 59-8-135 and inserting:

/Section 59-8-135.(A) Beginning with the 2023-2024 School Year, the annual number of ESTF students is limited by the following capacity:

(1) in School Years 2023-2024, 2024-2025, and 2025-2026, the program is limited to five thousand scholarship students; and

(2) in School Year 2026-2027, the program limit for scholarship students will be determined based on the following:

(a) should the program demonstrate that seventy-five percent or greater of scholarship students made value-added growth on summative assessments as identified in Section 59-8-150 in each of the preceding three school years, the program is limited to ten thousand scholarship students; and

(b) should the program demonstrate less that seventy-five percent of scholarship students made value-added growth on summative assessments as identified in Section 59-8-150 in each of the preceding three school years, the program is limited to five thousand scholarship students;

(3) in School Year 2027-2028, the program limit for scholarship students will be determined based on the following:

(a) should the program demonstrate that seventy-five percent or greater of scholarship students made value-added growth on summative assessments as identified in Section 59-8-150 in each of the preceding three school years, the program limit of scholarship students may be increased by five thousand, not to exceed fifteen thousand scholarship students; and

(b) should the program demonstrate that less than seventy-five percent of scholarship students made value-added growth on summative assessments as identified in Section 59-8-150 in each of the preceding three school years, the program limit shall remain at the limit established in 2026-2027; and

(4) in school year 2028-2029 and for all subsequent school years, the program is limited to the number of scholarship students established in 2027-2028.

(B) In 2029, and every five years thereafter, the department shall conduct an eligibility and use review of the program and shall make recommendations to the General Assembly to improve the program. /