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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;
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:
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
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:
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
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.
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
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 [
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;
157 (ii) the minimum basic tax rate certified by the State Tax Commission for the previous
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 [
183 1, [
185 (2) There is appropriated from state and local funds for fiscal year [
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, [
189 (b) basic program - grades 1-12, [
191 (c) basic program - professional staff, [
193 (d) basic program - administrative costs, [
195 (e) basic program - necessarily existent small schools and units for consolidated
196 schools, [
197 (f) special education - regular program - add-on WPUs for students with disabilities,
199 (g) preschool special education program, [
201 (h) self-contained regular WPUs, [
202 (i) extended year program for severely disabled, [
203 (j) special education programs in state institutions and district impact aid, [
205 (k) [
208 (l) [
210 (m) class size reduction, [
211 (n) Social Security and retirement programs, [
212 (o) pupil transportation to and from school, [
213 less than [
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, [
219 (s) Quality Teaching Block Grant Program, [
220 (t) highly impacted schools, $5,123,207;
221 (u) at-risk programs, [
222 (v) adult education, [
223 (w) accelerated learning programs, [
224 (x) electronic high school, [
225 (y) School LAND Trust Program, [
226 (z) state-supported voted leeway, [
227 (aa) state-supported board leeway, [
228 (bb) charter schools, pursuant to Section 53A-1a-513 , [
229 (cc) K-3 Reading Improvement Program, $12,500,000; [
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 [
238 guidance program:
239 (i) shall be allocated to eligible recipients as provided in Subsections (2), (3), [
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 [
259 organizations based on the agency's share of the state's total membership in those
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 [
265 and technical education administrative costs for each district, except 25 weighted pupil units
266 may be computed for each district that consolidates [
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 [
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 [
273 (d) Between five and seven weighted pupil units shall be computed for each summer
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.
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.
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 [
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
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 [
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:
338 (a) 5% of the money shall be distributed to school districts on an equal basis;
339 (b) for purposes of Subsection (2)(a), the combined charter schools shall be treated as
340 one school district; and
341 (c) the remaining 95% 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,
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).
366 Section 10. One-time appropriation for classroom supplies.
367 (1) There is appropriated from the Uniform School Fund to the State Board of
368 Education for fiscal year 2007-08 only, $10,000,000 for classroom supplies and materials.
369 (2) (a) Of the amount appropriated in Subsection (1), the board shall distribute
370 $7,500,000 to classroom teachers in school districts, the Schools for the Deaf and the Blind, the
371 Edith Bowen Laboratory School, and charter schools on the basis of the number of classroom
372 teachers in each school as compared to the total number of classroom teachers.
373 (b) Teachers shall receive up to the following amounts:
374 (i) a teacher on salary schedule steps one through three teaching in grades kindergarten
375 through six or preschool handicapped - $360;
376 (ii) a teacher on salary schedule steps one through three teaching in grades seven
377 through twelve - $310;
378 (iii) a teacher on salary schedule step four or higher teaching in grades kindergarten
379 through six or preschool handicapped - $285; and
380 (iv) a teacher on salary schedule step four or higher teaching in grades seven through
381 twelve - $235.
382 (c) If the appropriation in Subsection (1) is not sufficient to provide to each teacher the
383 full amount allowed under Subsection (2)(b), teachers on salary schedule steps one through
384 three shall receive the full amount allowed with the remaining monies apportioned to all other
386 (3) (a) Of the amount appropriated in Subsection (1), the State Board of Education
387 shall distribute $2,500,000 for classroom supplies and materials in accordance with a
388 distribution formula established by rule.
389 (b) The State Board of Education shall make rules in accordance with Subsections
390 (3)(c) and (d) and Title 63, Chapter 46a, Utah Administrative Rulemaking Act, for the
391 distribution of the $2,500,000.
392 (c) The rules shall give priority to teachers in any grade in the first year of teaching in
393 the awarding of the monies.
394 (d) The rules may allow the monies to be distributed to teachers in any grade in the
395 second through the fifth year of teaching.
396 (4) Teachers shall spend the money appropriated in Subsection (1) for school supplies,
397 materials, or field trips under rules adopted by the State Board of Education.
398 (5) As used in this section, "classroom teacher" or "teacher" means permanent teacher
399 positions filled by one teacher or two or more job-sharing teachers:
400 (a) who are licensed personnel;
401 (b) who are paid on the teacher's salary schedule;
402 (c) who are hired for an entire contract period; and
403 (d) whose primary function is to provide instructional or a combination of instructional
404 and counseling services to students in public schools.
405 Section 11. One-time appropriation for uniform online summative test system.
406 There is appropriated from the Uniform School Fund for fiscal year 2007-08 only,
407 $10,000,000 to the State Board of Education to be distributed to school districts and charter
408 schools to implement a uniform online summative test system as provided in Section
409 53A-1-708 .
410 Section 12. One-time appropriation for pupil transportation.
411 There is appropriated from the Uniform School Fund for fiscal year 2007-08 only,
412 $8,000,000 to the State Board of Education for pupil transportation to and from school as
413 provided in Subsections 53A-17a-127 (1) through (5).
414 Section 13. One-time appropriation for Capital Outlay Foundation Program.
415 There is appropriated from the Uniform School Fund for fiscal year 2007-08 only,
416 $15,000,000 to the State Board of Education for the Capital Outlay Foundation Program
417 described in Section 53A-21-103 .
418 Section 14. One-time appropriation for Enrollment Growth Program.
419 There is appropriated from the Uniform School Fund for fiscal year 2007-08 only,
420 $35,000,000 to the State Board of Education for the Enrollment Growth Program described in
421 Section 53A-21-103.5 .
422 Section 15. Foreign exchange student study.
423 It is the intent of the Legislature that the Public Education Appropriations
424 Subcommittee shall study funding of foreign exchange students during one of their regularly
425 scheduled interim committee meetings.
426 Section 16. Effective date.
427 This bill takes effect on July 1, 2007.
428 Section 17. Coordinating H.B 160 with H.B. 3 -- Superseding amendments.
429 If this H.B. 160 and H.B. 3, Minimum School Program Base Budget Amendments, both
430 pass, it is the intent of the Legislature that the amendments to Section 53A-17a-104 in H.B.
431 160 supersede the amendments to Section 53A-17a-104 in H.B. 3 when the Office of
432 Legislative Research and General Counsel prepares the Utah Code database for publication.
433 Section 18. Coordinating H.B 160 with H.B. 79 -- Substantively superseding
435 Notwithstanding any coordination clause in H.B. 79, Concurrent Enrollment
436 Amendments, if this H.B. 160 and H.B. 79, Concurrent Enrollment Amendments, both pass, it
437 is the intent of the Legislature that when the Office of Legislative Research and General
438 Counsel prepares the Utah Code database for publication:
439 (1) the appropriation for accelerated learning programs in Subsection
440 53A-17a-104 (2)(w) shall be changed to "$3,975,546";
441 (2) the appropriation for concurrent enrollment in Subsection 53A-17a-104 (2)(x) shall
442 be changed to "$9,215,497";
443 (3) the appropriation under Subsection 53A-17a-104 (1) in this bill supercedes the
444 appropriation under Subsection 53A-17a-104 (1) in H.B. 79 except that the appropriation under
445 Subsection 53A-17a-104 (1) in this H.B. 160 shall be increased by $350,000; and
446 (4) the increase to the appropriation in Subsection 53A-17a-104 (1) provided by
447 Subsection (3) of this coordination clause shall be cumulative with the increase to the
448 appropriation in Subsection 53A-17a-104 (1) provided by the coordination clause in H.B.164.
Legislative Review Note
as of 2-27-07 4:20 PM