(1) A school district shall ensure that UPSTART is available to all schools within the school district.

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(2) A public or a private preschool provider may participate in UPSTART if the public or private preschool provider agrees to work in cooperation with the contractor to provide administrative and technical support for UPSTART.
(3) Each local school board or public or private provider participating in UPSTART may enter into an agreement with a contractor to:

     (3)(a) dictate targets for program usage and terms for failure to meet those targets;
     (3)(b) determine data sharing terms; and
     (3)(c) agree to other reasonable terms required for successful implementation.