H.B. 1 Enrolled

1

MINIMUM SCHOOL PROGRAM BASE BUDGET
2 AMENDMENTS
3 2008 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 base funding for the Minimum School Program.
11 Highlighted Provisions:
12 This bill:
13 . establishes a ceiling for the state contribution to the maintenance and operations
14 portion of the Minimum School Program for fiscal year 2008-09 of $2,327,524,711;
15 . appropriates $27,288,900 to the State Board of Education for fiscal year 2008-09
16 for school building aid programs for school districts; and
17 . makes one-time appropriations for fiscal year 2007-08 for educator salary
18 adjustments and bonuses.
19 Monies Appropriated in this Bill:
20 This bill appropriates:
21 . as an ongoing appropriation, $2,333,813,611 from the Uniform School Fund for
22 fiscal year 2008-09;
23 . as an ongoing appropriation, $21,000,000 from the Interest and Dividends Account
24 for fiscal year 2008-09; and
25 . for fiscal year 2007-08 only, $22,347,000 from the Uniform School Fund.
26 Other Special Clauses:
27 This bill provides an effective date.
28 Utah Code Sections Affected:
29 AMENDS:

30 53A-17a-104, as last amended by Laws of Utah 2007, Chapters 2, 344, 368, and 372
31 53A-17a-108, as last amended by Laws of Utah 2007, Chapter 344
32 53A-17a-135, as last amended by Laws of Utah 2007, Chapter 2
33 53A-21-105, as last amended by Laws of Utah 2007, Chapter 2
34 ENACTS:
35 53A-17a-154, Utah Code Annotated 1953
36 53A-17a-155, Utah Code Annotated 1953
37 Uncodified Material Affected:
38 ENACTS UNCODIFIED MATERIAL
39
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 53A-17a-104 is amended to read:
42 53A-17a-104. Amount of state's contribution toward minimum school program.
43 (1) The total contribution of the state toward the cost of the minimum school program
44 may not exceed the sum of [$2,273,574,120] $2,327,524,711 for the fiscal year beginning July
45 1, [2007] 2008, except as otherwise provided by the Legislature through supplemental
46 appropriations.
47 (2) There is appropriated from state and local funds for fiscal year [2007-08] 2008-09
48 for distribution to school districts and charter schools, in accordance with this chapter, monies
49 for the following purposes and in the following amounts:
50 (a) basic program - kindergarten, [$61,819,260 (24,590] $63,589,116 (25,294 WPUs);
51 (b) basic program - grades 1-12, [$1,202,446,200 (478,300] $1,227,493,182 (488,263
52 WPUs);
53 (c) basic program - professional staff, [$112,436,136 (44,724] $113,464,362 (45,133
54 WPUs);
55 (d) basic program - administrative costs, $4,072,680 (1,620 WPUs);
56 (e) basic program - necessarily existent small schools and units for consolidated
57 schools, $19,229,586 (7,649 WPUs);

58 (f) special education - regular program - add-on WPUs for students with disabilities,
59 [$143,034,030 (56,895] $151,981,356 (60,454 WPUs);
60 (g) preschool special education program, [$20,918,994 (8,321] $21,542,466 (8,569
61 WPUs);
62 (h) self-contained regular WPUs, [$33,587,040 (13,360] $33,727,824 (13,416 WPUs);
63 (i) extended year program for severely disabled, [$922,638 (367] $945,264 (376
64 WPUs);
65 (j) special education programs in state institutions and district impact aid, [$4,090,278
66 (1,627] $4,188,324 (1,666 WPUs);
67 (k) career and technical education district programs, [$65,147,796 (25,914]
68 $65,879,370 (26,205 WPUs), including [$1,114,000] $1,126,300 for summer career and
69 technical education agriculture programs;
70 (l) career and technical education district set-aside, [$2,742,774 (1,091] $2,808,138
71 (1,117 WPUs);
72 (m) class size reduction, [$82,330,986 (32,749] $86,212,602 (34,293 WPUs);
73 (n) Social Security and retirement programs, [$333,315,119] $341,371,755;
74 (o) pupil transportation to and from school, [$70,928,797] $72,631,088, of which not
75 less than [$2,462,300] $2,521,400 shall be allocated to the Utah Schools for the Deaf and Blind
76 to pay for transportation costs of the schools' students;
77 (p) guarantee transportation levy, $500,000;
78 (q) Local Discretionary Block Grant Program, $21,820,748;
79 (r) Interventions for Student Success Block Grant Program, [$17,953,612]
80 $18,384,499;
81 (s) Quality Teaching Block Grant Program, [$73,947,829] $75,722,577;
82 (t) highly impacted schools, $5,123,207;
83 (u) at-risk programs, [$29,926,867] $30,645,112;
84 (v) adult education, [$9,781,008] $10,015,752;
85 (w) accelerated learning programs, [$3,975,546] $4,093,250;

86 (x) concurrent enrollment, [$9,215,497] $9,436,669;
87 (y) electronic high school, $2,000,000;
88 (z) School LAND Trust Program, $21,000,000;
89 (aa) state-supported voted leeway, [$227,700,777] $273,337,346;
90 (bb) state-supported board leeway, [$62,066,336] $71,575,858;
91 (cc) charter schools, pursuant to Section 53A-1a-513 , [$28,509,000] $36,549,000;
92 (dd) charter school administrative costs, [$750,000] $898,566;
93 (ee) K-3 Reading Improvement Program, [$12,500,000] $15,000,000;
94 (ff) state-supported board leeway for K-3 Reading Improvement Program,
95 $15,000,000; [and]
96 (gg) Public Education Job Enhancement Program, $2,430,000[.];
97 (hh) charter schools ongoing per student funding, $3,512,488;
98 (ii) educator salary adjustments, $90,731,500;
99 (jj) library books and electronic resources, $1,500,000;
100 (kk) school nurses, $1,000,000; and
101 (ll) critical languages, $230,000.
102 Section 2. Section 53A-17a-108 is amended to read:
103 53A-17a-108. Weighted pupil units for school district administrative costs --
104 Appropriation for charter school administrative costs.
105 (1) Administrative costs weighted pupil units are computed and distributed to districts
106 in accordance with the following schedule:
107 Administrative Costs Schedule
108 School District Enrollment as of October 1 Weighted Pupil Units
109 1 - 2,000 students 53
110 2,001 - 10,000 students 48
111 10,001 - 20,000 students 25
112 20,001 and above 16
113 (2) Money appropriated to the State Board of Education for charter school

114 administrative costs, including an appropriation in Section 53A-17a-104 , shall be distributed to
115 charter schools in the amount of [$62] $31 for each charter school student in enrollment.
116 (3) Charter schools are not eligible for funds for administrative costs under Subsection
117 (1).
118 Section 3. Section 53A-17a-135 is amended to read:
119 53A-17a-135. Minimum basic tax rate -- Certified revenue levy.
120 (1) (a) In order to qualify for receipt of the state contribution toward the basic program
121 and as its contribution toward its costs of the basic program, each school district shall impose a
122 minimum basic tax rate per dollar of taxable value that generates [$245,254,790] $260,731,750
123 in revenues statewide.
124 (b) The preliminary estimate for the [2007-08] 2008-09 minimum basic tax rate is
125 [.001474] .00125.
126 (c) The State Tax Commission shall certify on or before June 22 the rate that generates
127 [$245,254,790] $260,731,750 in revenues statewide.
128 (d) If the minimum basic tax rate exceeds the certified revenue levy as defined in
129 Section 53A-17a-103 , the state is subject to the notice requirements of Section 59-2-926 .
130 (2) (a) The state shall contribute to each district toward the cost of the basic program in
131 the district that portion which exceeds the proceeds of the levy authorized under Subsection (1).
132 (b) In accord with the state strategic plan for public education and to fulfill its
133 responsibility for the development and implementation of that plan, the Legislature instructs the
134 State Board of Education, the governor, and the Office of Legislative Fiscal Analyst in each of
135 the coming five years to develop budgets that will fully fund student enrollment growth.
136 (3) (a) If the proceeds of the levy authorized under Subsection (1) equal or exceed the
137 cost of the basic program in a school district, no state contribution shall be made to the basic
138 program.
139 (b) The proceeds of the levy authorized under Subsection (1) which exceed the cost of
140 the basic program shall be paid into the Uniform School Fund as provided by law.
141 Section 4. Section 53A-17a-154 is enacted to read:

142 53A-17a-154. Appropriation for school nurses.
143 The State Board of Education shall distribute monies appropriated in Section
144 53A-17a-104 for school nurses to award grants to school districts and charter schools that:
145 (1) provide an equal amount of matching funds; and
146 (2) do not supplant other monies used for school nurses.
147 Section 5. Section 53A-17a-155 is enacted to read:
148 53A-17a-155. Appropriation for library books and electronic resources.
149 (1) The State Board of Education shall distribute monies appropriated in Section
150 53A-17a-104 for library books and electronic resources as follows:
151 (a) 25% shall be divided equally among all public schools; and
152 (b) 75% shall be divided among public schools based on each school's average daily
153 membership as compared to the total average daily membership.
154 (2) A school district or charter school may not use monies distributed under Subsection
155 (1) to supplant other monies used to purchase library books or electronic resources.
156 Section 6. Section 53A-21-105 is amended to read:
157 53A-21-105. State contribution to capital outlay programs.
158 (1) As an ongoing appropriation subject to future budget constraints, there is
159 appropriated from the Uniform School Fund for fiscal year [2007-08] 2008-09, $27,288,900 to
160 the State Board of Education for the capital outlay programs created in Section 53A-21-102 .
161 (2) Of the monies appropriated in Subsection (1), the State Board of Education shall
162 distribute:
163 (a) $24,358,000 in accordance with the Capital Outlay Foundation Program described
164 in Section 53A-21-103 ; and
165 (b) $2,930,900 in accordance with the Enrollment Growth Program described in
166 Section 53A-21-103.5 .
167 Section 7. Intent language for charter schools appropriation.
168 It is the intent of the Legislature that the State Board of Education shall distribute the
169 monies appropriated in Subsection 53A-17a-104 (2)(hh) based upon average daily membership

170 of the charter schools.
171 Section 8. One-time appropriation for educator salary adjustments.
172 There is appropriated from the Uniform School Fund for fiscal year 2007-08 only,
173 $19,905,000 for educator salary adjustments as provided in Section 53A-17a-153 .
174 Section 9. One-time appropriation for educator bonuses.
175 (1) There is appropriated from the Uniform School Fund for fiscal year 2007-08 only,
176 $2,442,000 for educator bonuses.
177 (2) Monies appropriated in Subsection (1) shall be distributed by the State Board of
178 Education and awarded to educators in the same manner as money appropriated for educator
179 salary adjustments pursuant to Section 53A-17a-153 .
180 Section 10. Effective date.
181 If approved by two-thirds of all the members elected to each house, this bill takes effect
182 upon approval by the governor, or the day following the constitutional time limit of Utah
183 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
184 the date of veto override, except the following take effect on July 1, 2008:
185 (1) Sections 53A-17a-154 and 53A-17a-155 ;
186 (2) the amendments to:
187 (a) Section 53A-17a-104 ;
188 (b) Section 53A-17a-108 ;
189 (c) Section 53A-17a-135 ; and
190 (d) Section 53A-21-105 ; and
191 (3) Section 7, Intent language for charter schools appropriation.