H.B. 160

This document includes House Floor Amendments incorporated into the bill on Wed, Feb 28, 2007 at 10:21 AM by jeyring. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Wed, Feb 28, 2007 at 5:27 PM by rday. --> 1

MINIMUM SCHOOL PROGRAM BUDGET
2 AMENDMENTS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Bradley G. Last
6 Senate Sponsor: Howard A. Stephenson
7
8 LONG TITLE
9 General Description:
10 This bill provides funding for the Minimum School Program.
11 Highlighted Provisions:
12 This bill:
13 . modifies provisions governing the inclusion of foreign exchange students for the
14 purpose of apportioning state monies;
15 . establishes the value of the weighted pupil unit at $2,514;
16 . establishes a ceiling for the state contribution to the maintenance and operations
17 portion of the Minimum School Program for fiscal year 2007-08 of $2,272,474,120;
18 and
19 . makes one-time appropriations for fiscal year 2007-08 for:
20 . instructional technology;
21 . classroom supplies;
22 . a uniform online summative test system;
23 . pupil transportation;
24 . the Capital Outlay Foundation Program; and
25 . the Enrollment Growth Program.
26 Monies Appropriated in this Bill:
27 This bill appropriates:

28 . as an ongoing appropriation, $2,173,474,120 from the Uniform School Fund for
29 fiscal year 2007-08;
30 . as an ongoing appropriation, $21,000,000 from the Interest and Dividends Account
31 for fiscal year 2007-08; and
32 . for fiscal year 2007-08 only, $128,000,000 from the Uniform School Fund.
33 Other Special Clauses:
34 This bill takes effect on July 1, 2007.
35 This bill coordinates with H.B. 3 by providing that certain amendments in this bill
36 supersede the amendments in H.B. 3.
37 This bill coordinates with H.B. 79 by providing substantive amendments.
38 Utah Code Sections Affected:
39 AMENDS:
40 53A-2-206, as last amended by Chapter 354, Laws of Utah 2006
41 53A-17a-103, as last amended by Chapter 354, Laws of Utah 2006
42 53A-17a-104, as last amended by Chapters 4 and 354, Laws of Utah 2006
43 53A-17a-113, as last amended by Chapter 320, Laws of Utah 2003
44 53A-17a-114, as last amended by Chapter 279, Laws of Utah 2002
45 53A-17a-116, as last amended by Chapter 320, Laws of Utah 2003
46 Uncodified Material Affected:
47 ENACTS UNCODIFIED MATERIAL
48
49 Be it enacted by the Legislature of the state of Utah:
50 Section 1. Section 53A-2-206 is amended to read:
51 53A-2-206. Interstate compact students -- Inclusion in attendance count --
52 Funding for foreign exchange students -- Annual report -- Requirements for exchange
53 student agencies.
54 (1) A school district or charter school may include the following students in the
55 district's or school's membership and attendance count for the purpose of apportionment of
56 state monies:
57 [(a) a foreign exchange student sponsored by an agency approved by the district's local
58 school board or charter school's governing board, subject to the limitation of Subsection (2);]

59 [(b)] (a) a student enrolled under an interstate compact, established between the State
60 Board of Education and the state education authority of another state, under which a student
61 from one compact state would be permitted to enroll in a public school in the other compact
62 state on the same basis as a resident student of the receiving state; or
63 [(c)] (b) a student receiving services under the Compact on Placement of Children.
64 [(2) (a) Through June 30, 2007, the number of foreign exchange students that may be
65 counted for the purpose of apportioning state monies shall be the lesser of:]
66 [(i) the number of foreign exchange students:]
67 [(A) enrolled in the school district or charter school; and]
68 [(B) sponsored by an exchange student agency approved by the district's local school
69 board or charter school's governing board; or]
70 [(ii) the number of students that have withdrawn from the school district or charter
71 school to participate in a foreign exchange program in a foreign country.]
72 (2) (a) A school district or charter school may include foreign exchange students in the
73 district's or school's membership and attendance count for the purpose of apportionment of
74 state monies, except as provided in Subsections (2)(b) through (e).
75 (b) (i) Notwithstanding Section 53A-17a-106 , foreign exchange students may not be
76 included in average daily membership for the purpose of determining the number of weighted
77 pupil units in the grades 1-12 basic program.
78 (ii) Subject to the limitation in Subsection (2)(c), the number of weighted pupil units in
79 the grades 1-12 basic program attributed to foreign exchange students shall be equal to the
80 number of foreign exchange students who were:
81 (A) enrolled in a school district or charter school on October 1 of the previous fiscal
82 year; and
83 (B) sponsored by an agency approved by the district's local school board or charter
84 school's governing board.
85 [(b) (i) Beginning July 1, 2007, the] (c) (i) The total number of foreign exchange
86 students in the state that may be counted for the purpose of apportioning state monies under
87 Subsection (2)(b) shall be the lesser of:
88 (A) the number of foreign exchange students enrolled in public schools in the state on
89 October 1 of the previous fiscal year; or

90 (B) 328 foreign exchange students.
91 (ii) The State Board of Education shall make rules in accordance with Title 63, Chapter
92 46a, Utah Administrative Rulemaking Act, to administer the cap on the number of foreign
93 exchange students that may be counted for the purpose of apportioning state monies under
94 Subsection (2)(b).
95 (d) Notwithstanding Sections 53A-17a-133 and 53A-17a-134 , weighted pupil units in
96 the grades 1-12 basic program for foreign exchange students, as determined by Subsections
97 (2)(b) and (c), may not be included for the purposes of determining a school district's state
98 guarantee money under the voted or board leeway programs.
99 (e) Notwithstanding Section 53A-17a-125 , foreign exchange students may not be
100 included in enrollment when calculating student growth for the purpose of adjusting the annual
101 appropriation for retirement and Social Security.
102 (3) A school district or charter school may:
103 (a) enroll foreign exchange students that do not qualify for state monies; and
104 (b) pay for the costs of those students with other funds available to the school district
105 or charter school.
106 (4) Due to the benefits to all students of having the opportunity to become familiar
107 with individuals from diverse backgrounds and cultures, school districts are encouraged to
108 enroll foreign exchange students, as provided in Subsection (3), particularly in schools with
109 declining or stable enrollments where the incremental cost of enrolling the foreign exchange
110 student may be minimal.
111 (5) The board shall make an annual report to the Legislature on the number of
112 exchange students and the number of interstate compact students sent to or received from
113 public schools outside the state.
114 (6) (a) A local school board or charter school governing board shall require each
115 approved exchange student agency to provide it with a sworn affidavit of compliance prior to
116 the beginning of each school year.
117 (b) The affidavit shall include the following assurances:
118 (i) that the agency has complied with all applicable policies of the board;
119 (ii) that a household study, including a background check of all adult residents, has
120 been made of each household where an exchange student is to reside, and that the study was of

121 sufficient scope to provide reasonable assurance that the exchange student will receive proper
122 care and supervision in a safe environment;
123 (iii) that host parents have received training appropriate to their positions, including
124 information about enhanced criminal penalties under Subsection 76-5-406 (10) for persons who
125 are in a position of special trust;
126 (iv) that a representative of the exchange student agency shall visit each student's place
127 of residence at least once each month during the student's stay in Utah;
128 (v) that the agency will cooperate with school and other public authorities to ensure
129 that no exchange student becomes an unreasonable burden upon the public schools or other
130 public agencies;
131 (vi) that each exchange student will be given in the exchange student's native language
132 names and telephone numbers of agency representatives and others who could be called at any
133 time if a serious problem occurs; and
134 (vii) that alternate placements are readily available so that no student is required to
135 remain in a household if conditions appear to exist which unreasonably endanger the student's
136 welfare.
137 (7) (a) A local school board or charter school governing board shall provide each
138 approved exchange student agency with a list of names and telephone numbers of individuals
139 not associated with the agency who could be called by an exchange student in the event of a
140 serious problem.
141 (b) The agency shall make a copy of the list available to each of its exchange students
142 in the exchange student's native language.
143 Section 2. Section 53A-17a-103 is amended to read:
144 53A-17a-103. Definitions.
145 As used in this chapter:
146 (1) "Basic state-supported school program" or "basic program" means public education
147 programs for kindergarten, elementary, and secondary school students that are operated and
148 maintained for the amount derived by multiplying the number of weighted pupil units for each
149 district by [$2,417] $2,514, except as otherwise provided in this chapter.
150 (2) "Certified revenue levy" means a property tax levy that provides an amount of ad
151 valorem property tax revenue equal to the sum of:

152 (a) the amount of property tax revenue to be generated statewide in the previous year
153 from imposing a minimum basic tax rate, as specified in Subsection 53A-17a-135 (1)(a); and
154 (b) the product of:
155 (i) new growth, as defined in Section 59-2-924 and rules of the State Tax Commission;
156 and
157 (ii) the minimum basic tax rate certified by the State Tax Commission for the previous
158 year.
159 (3) "Leeway program" or "leeway" means a state-supported voted leeway program or
160 board leeway program authorized under Section 53A-17a-133 or 53A-17a-134 .
161 (4) "Pupil in average daily membership (ADM)" means a full-day equivalent pupil.
162 (5) (a) "State-supported minimum school program" or "minimum school program"
163 means public school programs for kindergarten, elementary, and secondary schools as
164 described in this Subsection (5).
165 (b) The minimum school program established in the districts shall include the
166 equivalent of a school term of nine months as determined by the State Board of Education.
167 (c) (i) The board shall establish the number of days or equivalent instructional hours
168 that school is held for an academic school year.
169 (ii) Education, enhanced by utilization of technologically enriched delivery systems,
170 when approved by local school boards, shall receive full support by the State Board of
171 Education as it pertains to fulfilling the attendance requirements, excluding time spent viewing
172 commercial advertising.
173 (d) The program includes the total of the following annual costs:
174 (i) the cost of a basic state-supported school program; and
175 (ii) other amounts appropriated in this chapter in addition to the basic program.
176 (6) "Weighted pupil unit or units or WPU or WPUs" means the unit of measure of
177 factors that is computed in accordance with this chapter for the purpose of determining the
178 costs of a program on a uniform basis for each district.
179 Section 3. Section 53A-17a-104 is amended to read:
180 53A-17a-104. Amount of state's contribution toward minimum school program.
181 (1) The total contribution of the state toward the cost of the minimum school program
182 may not exceed the sum of [$2,032,219,545] $2,272,474,120 for the fiscal year beginning July

183 1, [2006] 2007, except as otherwise provided by the Legislature through supplemental
184 appropriations.
185 (2) There is appropriated from state and local funds for fiscal year [2006-07] 2007-08
186 for distribution to school districts and charter schools, in accordance with this chapter, monies
187 for the following purposes and in the following amounts:
188 (a) basic program - kindergarten, [$57,234,560 (23,680] $61,819,260 (24,590 WPUs);
189 (b) basic program - grades 1-12, [$1,118,053,443 (462,579] $1,202,446,200 (478,300
190 WPUs);
191 (c) basic program - professional staff, [$106,128,053 (43,909] $112,436,136 (44,724
192 WPUs);
193 (d) basic program - administrative costs, [$3,937,293 (1,629] $4,072,680 (1,620
194 WPUs);
195 (e) basic program - necessarily existent small schools and units for consolidated
196 schools, [$18,487,633] $19,229,586 (7,649 WPUs);
197 (f) special education - regular program - add-on WPUs for students with disabilities,
198 [$136,350,221 (56,413] $143,034,030 (56,895 WPUs);
199 (g) preschool special education program, [$19,717,886 (8,158] $20,918,994 (8,321
200 WPUs);
201 (h) self-contained regular WPUs, [$32,148,517 (13,301] $33,587,040 (13,360 WPUs);
202 (i) extended year program for severely disabled, [$887,039] $922,638 (367 WPUs);
203 (j) special education programs in state institutions and district impact aid, [$3,487,731
204 (1,443] $4,090,278 (1,627 WPUs);
205 (k) [applied technology] career and technical education district programs, [$59,934,349
206 (24,797] $65,147,796 (25,914 WPUs), including [$1,045,033] $1,114,000 for summer [applied
207 technology] career and technical education agriculture programs;
208 (l) [applied technology] career and technical education district set-aside, [$2,562,020
209 (1,060] $2,742,774 (1,091 WPUs);
210 (m) class size reduction, [$74,378,341 (30,773] $82,330,986 (32,749 WPUs);
211 (n) Social Security and retirement programs, [$310,891,038] $333,315,119;
212 (o) pupil transportation to and from school, [$62,601,763] $70,928,797, of which not
213 less than [$2,173,569] $2,462,300 shall be allocated to the Utah Schools for the Deaf and Blind

214 to pay for transportation costs of the schools' students;
215 (p) guarantee transportation levy, $500,000;
216 (q) Local Discretionary Block Grant Program, $21,820,748;
217 (r) Interventions for Student Success Block Grant Program, [$16,792,888]
218 $17,953,612;
219 (s) Quality Teaching Block Grant Program, [$62,993,704] 73,947,829;
220 (t) highly impacted schools, $5,123,207;
221 (u) at-risk programs, [$27,992,056] $29,926,867;
222 (v) adult education, [$9,148,653] $9,781,008;
223 (w) accelerated learning programs, [$12,010,853] $12,841,043;
224 (x) electronic high school, [$1,300,000] 2,000,000;
225 (y) School LAND Trust Program, [$15,000,000] $21,000,000;
226 (z) state-supported voted leeway, [$196,085,303] $227,700,777;
227 (aa) state-supported board leeway, [$54,704,476] $62,066,336;
228 (bb) charter schools, pursuant to Section 53A-1a-513 , [$21,552,450] $28,509,000;
229 (cc) K-3 Reading Improvement Program, $12,500,000; [and]
230 (dd) state-supported board leeway for K-3 Reading Improvement Program,
231 $15,000,000; and
232 (ee) Public Education Job Enhancement Program, $2,430,000.
233 Section 4. Section 53A-17a-113 is amended to read:
234 53A-17a-113. Weighted pupil units for career and technical education programs
235 -- Funding of approved programs -- Performance measures -- Qualifying criteria.
236 (1) (a) Money appropriated to the State Board of Education in Section 53A-17a-104 for
237 approved [applied technology] career and technical education programs and the comprehensive
238 guidance program:
239 (i) shall be allocated to eligible recipients as provided in Subsections (2), (3), [and] (4),
240 and (5); and
241 (ii) may not be used to fund programs below the ninth grade level.
242 (b) Subsection (1)(a)(ii) does not apply to the following programs:
243 (i) comprehensive guidance;
244 (ii) Technology-Life-Careers; and

245 (iii) work-based learning programs.
246 (2) (a) Weighted pupil units are computed for pupils in approved programs.
247 (b) (i) The board shall fund approved programs based upon hours of membership of
248 9th through 12th grade students.
249 (ii) Subsection (2)(b)(i) does not apply to the following programs:
250 (A) comprehensive guidance;
251 (B) Technology-Life-Careers; and
252 (C) work-based learning programs.
253 (c) The board shall use an amount not to exceed 20% of the total appropriation under
254 this section to fund approved programs based on performance measures such as placement and
255 competency attainment defined in standards set by the board.
256 (d) Leadership organization funds shall constitute an amount not to exceed 1% of the
257 total appropriation under this section, and shall be distributed to each local educational agency
258 sponsoring [applied technology] career and technical education student leadership
259 organizations based on the agency's share of the state's total membership in those
260 organizations.
261 (e) The board shall make the necessary calculations for distribution of the
262 appropriation to school districts and may revise and recommend changes necessary for
263 achieving equity and ease of administration.
264 (3) (a) Twenty weighted pupil units shall be computed for [applied technology] career
265 and technical education administrative costs for each district, except 25 weighted pupil units
266 may be computed for each district that consolidates [applied technology] career and technical
267 education administrative services with one or more other districts.
268 (b) Between 10 and 25 weighted pupil units shall be computed for each high school
269 conducting approved [applied technology] career and technical education programs in a district
270 according to standards established by the board.
271 (c) Forty weighted pupil units shall be computed for each district that operates an
272 approved [district applied technology] career and technical education center.
273 (d) Between five and seven weighted pupil units shall be computed for each summer
274 [applied technology] career and technical education agriculture program according to standards
275 established by the board.

276 (e) The board shall, by rule, establish qualifying criteria for districts to receive
277 weighted pupil units under this Subsection (3).
278 (4) (a) Monies remaining after the allocations made under Subsections (2) and (3) shall
279 be allocated using average daily membership in approved programs for the previous year.
280 (b) A district that has experienced student growth in grades 9 through 12 for the
281 previous year shall have the growth factor applied to the previous year's weighted pupil units
282 when calculating the allocation of monies under this Subsection (4).
283 (5) Of the monies allocated to comprehensive guidance programs pursuant to board
284 rules, $1,000,000 in grants shall be awarded to school districts or charter schools that:
285 (a) provide an equal amount of matching funds; and
286 (b) do not supplant other funds used for comprehensive guidance programs.
287 [(5)] (6) (a) The board shall establish rules for the upgrading of high school [applied
288 technology] career and technical education programs.
289 (b) The rules shall reflect career and technical training and actual marketable job skills
290 in society.
291 (c) The rules shall include procedures to assist school districts to convert existing
292 programs which are not preparing students for the job market into programs that will
293 accomplish that purpose.
294 [(6)] (7) Programs that do not meet board standards may not be funded under this
295 section.
296 Section 5. Section 53A-17a-114 is amended to read:
297 53A-17a-114. Career and technical education program alternatives.
298 (1) If a school district determines that a secondary student's [applied technology] career
299 and technical education goals are better achieved at a regional applied technology college
300 created under Title 53B, Chapter 2a, Utah College of Applied Technology, the student may
301 attend that institution.
302 (2) Students served under this section in a regional applied technology college shall
303 continue to be counted in the regular school program average daily membership of the sending
304 school district.
305 Section 6. Section 53A-17a-116 is amended to read:
306 53A-17a-116. Weighted pupil units for career and technical education set-aside

307 programs.
308 (1) Each district shall receive a guaranteed minimum allocation from the monies
309 appropriated to the State Board of Education in Section 53A-17a-104 for [an applied
310 technology] a career and technical education set-aside program.
311 (2) The set-aside funds remaining after the initial minimum payment allocation are
312 distributed by an RFP process to help pay for equipment costs necessary to initiate new
313 programs and for high priority programs as determined by labor market information.
314 Section 7. Ongoing appropriation for school nurses.
315 (1) As an ongoing appropriation subject to future budget constraints, there is
316 appropriated from the Uniform School Fund for fiscal year 2007-08, $1,000,000 to the State
317 Board of Education for school nurses.
318 (2) The State Board of Education shall distribute monies appropriated in Subsection (1)
319 to award grants to school districts and charter schools that:
320 (a) provide an equal amount of matching funds; and
321 (b) do not supplant other monies used for school nurses.
322 Section 8. Ongoing appropriation for library books and electronic resources.
323 (1) As an ongoing appropriation subject to future budget constraints, there is
324 appropriated from the Uniform School Fund for fiscal year 2007-08, $1,500,000 to the State
325 Board of Education for library books and electronic resources.
326 (2) The State Board of Education shall distribute the money appropriated in Subsection
327 (1) as follows:
328 (a) 25% shall be divided equally among all public schools; and
329 (b) 75% shall be divided among public schools based on each school's average daily
330 membership as compared to the total average daily membership.
331 (3) A school district or charter school may not use money appropriated in Subsection
332 (1) to supplant other monies used to purchase library books or electronic resources.
333 Section 9. One-time appropriation for instructional technology.
334 (1) There is appropriated $50,000,000 from the Uniform School Fund for fiscal year
335 2007-08 only to the State Board of Education for instructional technology.
336 (2) The State Board of Education shall distribute the money appropriated under
337 Subsection (1) as follows:
337a H. (a) $3,000,000 shall be used as provided in Subsection (6);

338 [ (a) ] (b) .H 5% of the money H. remaining after the allocation under
338a Subsection (2)(a) .H shall be distributed to school districts on an equal basis;
339 H. [ (b) ] (c) .H for purposes of Subsection (2) H. [ (a) ] (b) .H , the combined charter
339a schools shall be treated as
340 one school district; and
341 H. [ (c) ] (d) .H the H. money .H remaining H. [ 95% ] after the allocations under
341a Subsections (2)(a) and (b) .H shall be distributed to school districts and charter schools on a
342 per pupil basis.
343 (3) School districts and charter schools shall use the money appropriated under
344 Subsection (1) for instructional technology that enhances and facilitates learning for students,
345 including:
346 (a) computers, including wireless laptop computers;
347 (b) audio enhancement products for classrooms;
348 (c) instructional enhancement items, including digital projectors, interactive polling
349 devices, and document cameras;
350 (d) computer peripheral equipment;
351 (e) mobile interactive technology products;
352 (f) education software and digital content;
353 (g) other instructional devices and protective cases; and
354 (h) technology infrastructure.
355 (4) Prior to using money distributed under this section, a school district or charter
356 school shall:
357 (a) submit an instructional technology plan to the State Board of Education that
358 specifies how the school district or charter school intends to spend its allocation; and
359 (b) receive approval of the plan from the State Board of Education.
360 (5) It is the intent of the Legislature that the appropriation under Subsection (1):
361 (a) is nonlapsing;
362 (b) does not supplant other monies used for instructional technology; and
363 (c) does not have to be expended in the 2007-08 fiscal year, but may be retained and
364 used in subsequent fiscal years, in accordance with the school district's or charter school's
365 instructional technology plan described in Subsection (4).
365a H. (6) The appropriation described under Subsection (2)(a) shall be used by the State
365b Board of Education as follows:
365c (a) the board shall issue a request for proposals for an electronic student

365d achievement and management data system that:
365e (i) would provide a protected history of students' academic achievement and progress,
365f including Utah Performance Assessment System for Students (U-PASS) and No Child Left
365g Behind accountability data;
365h