First Substitute S.B. 2

Senator Howard A. Stephenson proposes the following substitute bill:

1 MINIMUM SCHOOL PROGRAM BUDGET
2 AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Howard A. Stephenson
6 House Sponsor: Bradley G. Last
7
8 LONG TITLE
9 General Description:
10 This bill provides funding for the Minimum School Program and other education
11 programs.
12 Highlighted Provisions:
13 This bill:
14 . establishes the value of the weighted pupil unit at $2,577;
15 . establishes a ceiling for the state contribution to the maintenance and operations
16 portion of the Minimum School Program for fiscal year 2008-09 of $2,495,183,979;
17 . modifies provisions related to the funding of charter schools;
18 . authorizes the use of appropriations for accelerated learning programs for
19 International Baccalaureate programs;
20 . modifies the positions that qualify for educator salary adjustments and increases the
21 salary adjustments for those positions;
22 . establishes and funds the following ongoing programs:
23 . a pilot project using a home-based educational technology program to develop
24 school readiness skills of preschool children;
25 . a financial and economic literacy passport to track student mastery of certain

26 concepts;
27 . the Teacher Salary Supplement Program to provide a salary supplement to an
28 eligible teacher;
29 . stipends for special educators for additional days of work;
30 . an optional grant program to provide an extended year for math and science
31 teachers through the creation of Utah Science Technology and Research
32 Centers;
33 . the High-ability Student Initiative Program to provide resources for educators to
34 enhance the academic growth of high-ability students; and
35 . the English Language Learner Family Literacy Centers Program;
36 . makes one-time appropriations for fiscal year 2008-09 for:
37 . pupil transportation to and from school;
38 . the Beverley Taylor Sorenson Elementary Arts Learning Program to provide
39 grants to integrate arts teaching and learning into selected schools; and
40 . classroom supplies;
41 . provides a repeal date for certain pilot programs;
42 . makes nonlapsing appropriations; and
43 . makes technical corrections.
44 Monies Appropriated in this Bill:
45 This bill appropriates:
46 . the following Minimum School Program Monies:
47 . $2,436,864,479 from the Uniform School Fund for fiscal year 2008-09;
48 . $26,499,500 from the Uniform School Fund Restricted - Interest and Dividends
49 Account for fiscal year 2008-09;
50 . $31,820,000 from the Uniform School Fund for fiscal year 2008-09 only; and
51 . $280,000 from the Uniform School Fund for fiscal year 2007-08 only; and
52 . the following other education program monies:
53 . $3,469,580 from the Uniform School Fund for fiscal year 2008-09;
54 . $150,000 from the Uniform School Fund for fiscal year 2008-09 only;
55 . $1,000,000 from the Uniform School Fund for fiscal year 2007-08 only;
56 . $250,000 from the General Fund for fiscal year 2008-09; and

57 . $50,000 from the General Fund for fiscal year 2007-08 only.
58 Other Special Clauses:
59 This bill provides an effective date.
60 This bill coordinates with H.B. 1 by providing superseding and substantive
61 amendments.
62 Utah Code Sections Affected:
63 AMENDS:
64 53A-1a-501.6, as last amended by Laws of Utah 2007, Chapter 344
65 53A-1a-502.5, as last amended by Laws of Utah 2007, Chapter 344
66 53A-1a-513, as last amended by Laws of Utah 2005, Chapters 9 and 291
67 53A-17a-103, as last amended by Laws of Utah 2007, Chapters 107 and 372
68 53A-17a-104, as last amended by Laws of Utah 2007, Chapters 2, 344, 368, and 372
69 53A-17a-108, as last amended by Laws of Utah 2007, Chapter 344
70 53A-17a-120, as last amended by Laws of Utah 2007, Chapter 368
71 53A-17a-126, as last amended by Laws of Utah 2003, Chapters 221 and 320
72 53A-17a-127, as last amended by Laws of Utah 2001, Chapter 73
73 53A-17a-153, as enacted by Laws of Utah 2007, Chapter 380
74 63-55b-153, as last amended by Laws of Utah 2007, Chapter 216
75 ENACTS:
76 53A-1a-1001, Utah Code Annotated 1953
77 53A-1a-1002, Utah Code Annotated 1953
78 53A-1a-1003, Utah Code Annotated 1953
79 53A-1a-1004, Utah Code Annotated 1953
80 53A-1a-1005, Utah Code Annotated 1953
81 53A-1a-1006, Utah Code Annotated 1953
82 53A-1a-1007, Utah Code Annotated 1953
83 53A-13-110, Utah Code Annotated 1953
84 53A-17a-156, Utah Code Annotated 1953
85 53A-17a-157, Utah Code Annotated 1953
86 53A-17a-158, Utah Code Annotated 1953
87 53A-17a-159, Utah Code Annotated 1953

88 53A-17a-160, Utah Code Annotated 1953
89 53A-17a-161, Utah Code Annotated 1953
90 53A-17a-162, Utah Code Annotated 1953
91
92 Be it enacted by the Legislature of the state of Utah:
93 Section 1. Section 53A-1a-501.6 is amended to read:
94 53A-1a-501.6. Power and duties of State Charter School Board.
95 (1) The State Charter School Board shall:
96 (a) authorize and promote the establishment of charter schools, subject to the
97 provisions in this part;
98 (b) annually review and evaluate the performance of charter schools authorized by the
99 State Charter School Board and hold the schools accountable for their performance;
100 (c) monitor charter schools authorized by the State Charter School Board for
101 compliance with federal and state laws, rules, and regulations;
102 (d) provide technical support to charter schools and persons seeking to establish charter
103 schools by:
104 (i) identifying and promoting successful charter school models;
105 (ii) facilitating the application and approval process for charter school authorization;
106 (iii) directing charter schools and persons seeking to establish charter schools to
107 sources of private funding and support;
108 (iv) reviewing and evaluating proposals to establish charter schools for the purpose of
109 supporting and strengthening proposals before an application for charter school authorization is
110 submitted to the State Charter School Board or a local school board; and
111 (v) assisting charter schools to understand and carry out their charter obligations;
112 (e) provide technical support, as requested, to a local school board relating to charter
113 schools;
114 (f) make recommendations on legislation and rules pertaining to charter schools to the
115 Legislature and State Board of Education, respectively; and
116 (g) make recommendations to the State Board of Education on the funding of charter
117 schools.
118 (2) The State Charter School Board may:

119 (a) contract;
120 (b) sue and be sued; and
121 (c) (i) at the discretion of the charter school, provide administrative services to, or
122 perform other school functions for, charter schools authorized by the State Charter School
123 Board; and
124 (ii) charge fees for the provision of services or functions.
125 (3) (a) The State Charter School Board shall provide support services to charter schools
126 from monies appropriated under Subsection (3)(b).
127 (b) Subject to future budget constraints, the Legislature shall annually appropriate
128 money to the State Charter School Board for support services to charter schools in the amount
129 of $30 times the number of students enrolled in charter schools on October 1.
130 Section 2. Section 53A-1a-502.5 is amended to read:
131 53A-1a-502.5. Charter schools -- Maximum authorized students.
132 (1) The State Charter School Board and local school boards may only authorize a
133 combined maximum student capacity of:
134 [(a) 27,921 students for the charter schools in the 2007-08 school year; and]
135 [(b)] (a) 32,921 students for the charter schools in the 2008-09 school year[.]; and
136 (b) an annual increase of 7,500 students for the charter schools beginning in the
137 2009-10 school year.
138 (2) (a) The State Board of Education, in consultation with the State Charter School
139 Board, shall allocate the students under Subsection (1) between the State Charter School Board
140 and local school boards.
141 (b) 2,500 of the student capacity described under Subsection (1)(b) shall be allocated to
142 increase the maximum student capacity of operating charter schools.
143 (c) If the operating charter schools do not use the allocation described under
144 Subsection (2)(b), the remaining student capacity may be used by new charter schools.
145 Section 3. Section 53A-1a-513 is amended to read:
146 53A-1a-513. Funding for charter schools.
147 (1) As used in this section:
148 (a) "Charter school students' average local revenues" means the amount determined as
149 follows:

150 (i) for each student enrolled in a charter school on the previous October 1, calculate the
151 district per pupil local revenues of the school district in which the student resides;
152 (ii) sum the district per pupil local revenues for each student enrolled in a charter
153 school on the previous October 1; and
154 (iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of students
155 enrolled in charter schools on the previous October 1.
156 (b) "District per pupil local revenues" means the amount determined as follows, using
157 data from the most recently published school district annual financial reports and state
158 superintendent's annual report:
159 (i) calculate the sum of a school district's revenue received from:
160 (A) a voted levy imposed under Section 53A-17a-133 ;
161 (B) a board levy imposed under Section 53A-17a-134 ;
162 (C) 10% of the cost of the basic program levy imposed under Section 53A-17a-145 ;
163 (D) a tort liability levy imposed under Section 63-30d-704 ;
164 (E) a capital outlay levy imposed under Section 53A-16-107 ;
165 (F) a voted capital outlay levy imposed under Section 53A-16-110 ;
166 (G) state support for a voted levy program provided under Section 53A-17a-133 ;
167 (H) state support for a board levy program provided under Section 53A-17a-134 ; and
168 (I) state ongoing appropriations to the Capital Outlay Foundation and Enrollment
169 Growth Programs created in Section 53A-21-102 ; and
170 (ii) divide the sum calculated under Subsection (1)(b)(i) by the sum of:
171 (A) a school district's average daily membership; and
172 (B) the average daily membership of a school district's resident students who attend
173 charter schools.
174 (c) "Resident student" means a student who is considered a resident of the school
175 district under Title 53A,Chapter 2, District of Residency.
176 (d) "Statewide average debt service revenues" means the amount determined as
177 follows, using data from the most recently published state superintendent's annual report:
178 (i) sum the revenues of each school district from the debt service levy imposed under
179 Section 11-14-310 ; and
180 (ii) divide the sum calculated under Subsection (1)(d)(i) by statewide school district

181 average daily membership.
182 [(1)] (2) (a) Charter schools shall receive funding as described in this section, except
183 Subsections [(2)] (3) through [(7)] (8) do not apply to charter schools described in Subsection
184 [(1)] (2)(b).
185 (b) Charter schools authorized by local school boards that are converted from district
186 schools or operate in district facilities without paying reasonable rent shall receive funding as
187 prescribed in Section 53A-1a-515 .
188 [(2)] (3) (a) Except as provided in Subsection [(2)] (3)(b), a charter school shall receive
189 state funds, as applicable, on the same basis as a school district receives funds.
190 (b) In distributing funds under Title 53A, Chapter 17a, Minimum School Program Act,
191 to charter schools, charter school pupils shall be weighted, where applicable, as follows:
192 (i) .55 for kindergarten pupils;
193 (ii) .9 for pupils in grades 1-6;
194 (iii) .99 for pupils in grades 7-8; and
195 (iv) 1.2 for pupils in grades 9-12.
196 [(c) The State Board of Education shall make rules in accordance with Title 63,
197 Chapter 46a, Utah Administrative Rulemaking Act, to administer Subsection (2)(b), including
198 hold harmless provisions to maintain a charter elementary school's funding level for a period of
199 two years after the effective date of the distribution formula.]
200 [(d) Subsection (2)(b) does not apply to funds appropriated to charter schools to
201 replace local property tax revenues.]
202 [(3) The State Board of Education shall adopt rules to provide for the distribution of
203 monies to charter schools under this section.]
204 [(4) (a) The Legislature shall provide an appropriation for charter schools for each of
205 their students to replace some of the local property tax revenues that are not available to charter
206 schools. The amount of money provided for each charter school student shall be determined
207 by:]
208 [(i) calculating the sum of:]
209 [(A) school districts' operations and maintenance revenues derived from local property
210 taxes, except revenues from imposing a minimum basic tax rate pursuant to Section
211 53A-17a-135 ;]

212 [(B) school districts' capital projects revenues derived from local property taxes; and]
213 [(C) school districts' expenditures for interest on debt; and]
214 [(ii) dividing the sum by the total average daily membership of the districts' schools.]
215 (4) (a) (i) Except as provided in Subsections (4)(a)(ii) and (iii), a school district shall
216 allocate a portion of school district revenues for each resident student of the school district who
217 is enrolled in a charter school on October 1 as follows:
218 (A) in fiscal year 2008-09, the allocation shall equal 25% of the lesser of:
219 (I) district per pupil local revenues; or
220 (II) charter school students' average local revenues;
221 (B) in fiscal year 2009-10, the allocation shall equal 50% of the lesser of:
222 (I) district per pupil local revenues; or
223 (II) charter school students' average local revenues;
224 (C) in fiscal year 2010-11, the allocation shall equal 75% of the lesser of:
225 (I) district per pupil local revenues; or
226 (II) charter school students' average local revenues; and
227 (D) beginning in fiscal year 2011-12, the allocation shall equal 100% of the lesser of:
228 (I) district per pupil local revenues; or
229 (II) charter school students' average local revenues.
230 (ii) For the purpose of allocating school district revenues under Subsection (4)(a)(i), a
231 kindergarten student who is enrolled in less than a full-day kindergarten program is weighted as
232 .55 of a student.
233 (iii) (A) As used in this section, "virtual charter school" means a performance-based
234 charter school that delivers synchronous or asynchronous instruction from a teacher to a
235 student primarily through the use of technology via the Internet in a virtual or remote setting.
236 (B) A school district's allocation of revenues under this Subsection (4)(a) for a student
237 enrolled in a virtual charter school may not exceed $500.
238 (iv) Nothing in this Subsection (4)(a) affects the school bond guarantee program
239 established under Chapter 28, Utah School Bond Guaranty Act.
240 (b) The State Board of Education shall:
241 (i) deduct an amount equal to the allocation provided under Subsection (4)(a) from
242 state funds the school district is authorized to receive under Title 53A, Chapter 17a, Minimum

243 School Program Act; and
244 (ii) remit the money to the student's charter school.
245 (c) Notwithstanding the method used to transfer school district revenues to charter
246 schools as provided in Subsection (4)(b), a school district may deduct the allocations to charter
247 schools under this section from:
248 (i) unrestricted revenues available to the school district; or
249 (ii) the revenue sources listed in Subsections (1)(b)(i)(A) through (I) based on the
250 portion of the allocations to charter schools attributed to each of the revenue sources listed in
251 Subsections (1)(b)(i)(A) through (I).
252 (d) (i) Subject to future budget constraints, the Legislature shall provide an
253 appropriation for charter schools for each student enrolled on October 1 to supplement the
254 allocation of school district revenues under Subsection (4)(a).
255 (ii) Except as provided in Subsections (4)(d)(iii) and (iv), the amount of money
256 provided by the state for a charter school student shall be the sum of:
257 (A) charter school students' average local revenues minus the allocation of school
258 district revenues under Subsection (4)(a); and
259 (B) statewide average debt service revenues.
260 (iii) If the total of a school district's allocation for a charter school student under
261 Subsection (4)(a) and the amount provided by the state under Subsection (4)(d)(ii) is less than
262 $1427, the state shall provide an additional supplement so that a charter school receives at least
263 $1427 per student under this Subsection (4).
264 (iv) For the purpose of providing state monies for charter school students under this
265 Subsection (4)(d), a kindergarten student who is enrolled in less than a full-day kindergarten
266 program is weighted as .55 of a student.
267 (v) (A) Subsections (4)(d)(ii) through (iv) do not apply to virtual charter schools.
268 (B) If the total of a school district's allocation for a virtual charter school student under
269 Subsection (4)(a) is less than $500, the state shall provide an additional supplement so that a
270 virtual charter school receives at least $500 per student under this Subsection (4).
271 [(b)] (e) Of the monies provided to a charter school under this Subsection (4)[(a)], 10%
272 shall be expended for funding school facilities only.
273 [(c) To qualify for money under Subsection (4)(a), a new charter school shall, by

274 September 30 of the school year prior to the school year it intends to begin operations:]
275 [(i) obtain approval of its application for a charter from:]
276 [(A) the State Board of Education, pursuant to Section 53A-1a-505 ; or]
277 [(B) a local school board, pursuant to Section 53A-1a-515 ; and]
278 [(ii) submit to the chartering entity an estimate of the charter school's first year
279 enrollment.]
280 [(d) Subsection (4)(c) does not apply to charter schools beginning operations in the
281 2005-06 school year.]
282 [(e) By December 1, the State Charter School Board shall submit to the Governor's
283 Office of Planning and Budget and the Office of the Legislative Fiscal Analyst an estimate of
284 total charter school enrollment in the state for the following school year.]
285 (5) Charter schools are eligible to receive federal funds if they meet all applicable
286 federal requirements and comply with relevant federal regulations.
287 (6) The State Board of Education shall distribute funds for charter school students
288 directly to the charter school.
289 (7) (a) Notwithstanding Subsection [(2)] (3), a charter school is not eligible to receive
290 state transportation funding.
291 (b) The board shall also adopt rules relating to the transportation of students to and
292 from charter schools, taking into account Sections 53A-2-210 and 53A-17a-127 .
293 (c) The governing body of the charter school may provide transportation through an
294 agreement or contract with the local school board, a private provider, or with parents.
295 (8) (a) (i) The state superintendent of public instruction may allocate grants for both
296 start-up and ongoing costs to eligible charter school applicants from monies appropriated for
297 the implementation of this part.
298 (ii) Applications for the grants shall be filed on a form determined by the state
299 superintendent and in conjunction with the application for a charter.
300 (iii) The amount of a grant may vary based upon the size, scope, and special
301 circumstances of the charter school.
302 (iv) The governing board of the charter school shall use the grant to meet the expenses
303 of the school as established in the school's charter.
304 (b) The State Board of Education shall coordinate the distribution of federal monies

305 appropriated to help fund costs for establishing and maintaining charter schools within the
306 state.
307 (9) (a) A charter school may receive, hold, manage and use any devise, bequest, grant,
308 endowment, gift, or donation of any property made to the school for any of the purposes of this
309 part.
310 (b) It is unlawful for any person affiliated with a charter school to demand or request
311 any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
312 with the charter school as a condition for employment or enrollment at the school or continued
313 attendance at the school.
314 [(10) The State Office of Education shall use up to $1,044,000 of funding provided for
315 new growth to fund additional growth needs in charter schools in fiscal year 2005.]
316 Section 4. Section 53A-1a-1001 is enacted to read:
317 Part 10. UPSTART
318 53A-1a-1001. Definitions.
319 As used in this part:
320 (1) "Contractor" means the educational technology provider selected by the State Board
321 of Education under Section 53A-1a-1002 .
322 (2) "Low income" means an income below 200% of the federal poverty guideline.
323 (3) "Preschool children" means children who are:
324 (a) age four or five; and
325 (b) have not entered kindergarten.
326 (4) "UPSTART" means the pilot project established by Section 53A-1a-1002 that uses
327 a home-based educational technology program to develop school readiness skills of preschool
328 children.
329 Section 5. Section 53A-1a-1002 is enacted to read:
330 53A-1a-1002. Pilot project to develop school readiness skills of preschool children.
331 (1) UPSTART, a pilot project that uses a home-based educational technology program
332 to develop school readiness skills of preschool children, is established within the public
333 education system.
334 (2) UPSTART is created to:
335 (a) evaluate the effectiveness of giving preschool children access, at home, to

336 interactive individualized instruction delivered by computers and the Internet to prepare them
337 academically for success in school; and
338 (b) test the feasibility of scaling a home-based curriculum in reading, math, and science
339 delivered by computers and the Internet to all preschool children in Utah.
340 (3) The State Board of Education shall contract with an educational technology
341 provider, selected through a request for proposals process, for the delivery of a home-based
342 educational technology program for preschool children that meets the requirements of
343 Subsection (4).
344 (4) A home-based educational technology program for preschool children shall meet
345 the following standards:
346 (a) the contractor shall provide computer-assisted instruction for preschool children on
347 a home computer connected by the Internet to a centralized file storage facility;
348 (b) the contractor shall:
349 (i) provide technical support to families for the installation and operation of the
350 instructional software; and
351 (ii) provide for the installation of computer and Internet access in homes of low income
352 families that cannot afford the equipment and service;
353 (c) the contractor shall have the capability of doing the following through the Internet:
354 (i) communicating with parents;
355 (ii) updating the instructional software;
356 (iii) validating user access;
357 (iv) collecting usage data;
358 (v) storing research data; and
359 (vi) producing reports for parents, schools, and the Legislature;
360 (d) the program shall include the following components:
361 (i) computer-assisted, individualized instruction in reading, mathematics, and science;
362 (ii) a multisensory reading tutoring program; and
363 (iii) a validated computer adaptive reading test that does not require the presence of
364 trained adults to administer and is an accurate indicator of reading readiness of children who
365 cannot read;
366 (e) the contractor shall have the capability to quickly and efficiently modify, improve,

367 and support the product;
368 (f) the contractor shall work in cooperation with school district personnel who will
369 provide administrative and technical support of the program as provided in Section
370 53A-1a-1003 ;
371 (g) the contractor shall solicit families to participate in the program as provided in
372 Section 53A-1a-1004 ; and
373 (h) in implementing the home-based educational technology program, the contractor
374 shall seek the advise and expertise of early childhood education professionals within the Utah
375 System of Higher Education on issues such as:
376 (i) soliciting families to participate in the program;
377 (ii) providing training to families; and
378 (iii) motivating families to regularly use the instructional software.
379 (5) The contract shall provide funding for a home-based educational technology
380 program for preschool children for one year with an option to extend the contract for additional
381 years or to expand the program to a greater number of preschool children, subject to the
382 appropriation of money by the Legislature for UPSTART.
383 Section 6. Section 53A-1a-1003 is enacted to read:
384 53A-1a-1003. School district participation in UPSTART.
385 (1) A school district may participate in UPSTART if the local school board agrees to
386 work in cooperation with the contractor to provide administrative and technical support for the
387 pilot project.
388 (2) Family participants in UPSTART shall be solicited from school districts that
389 participate in UPSTART.
390 (3) A school district that participates in UPSTART shall:
391 (a) receive funding for:
392 (i) paraprofessional and technical support staff; and
393 (ii) travel, materials, and meeting costs of the program;
394 (b) participate in program training by the contractor; and
395 (c) agree to adopt standardized policies and procedures in implementing the pilot
396 project.
397 Section 7. Section 53A-1a-1004 is enacted to read:

398 53A-1a-1004. Family participation in UPSTART.
399 (1) The contractor shall solicit families to participate in UPSTART through a public
400 information campaign and referrals from participating school districts.
401 (2) (a) Preschool children who participate in UPSTART shall:
402 (i) be from families with diverse socioeconomic and ethnic backgrounds; and
403 (ii) reside in different regions of the state in both urban and rural areas.
404 (b) At least 30% of the preschool children who participate in UPSTART shall be from
405 low income families.
406 (3) A low income family that cannot afford a computer and Internet service to operate
407 the instructional software may obtain a computer and peripheral equipment on loan and receive
408 free Internet service for the duration of the family's participation in the pilot project.
409 (4) The contractor shall make the home-based educational technology program
410 available to families at an agreed upon cost if the number of families who would like to
411 participate in UPSTART exceeds the number of participants funded by the legislative
412 appropriation.
413 Section 8. Section 53A-1a-1005 is enacted to read:
414 53A-1a-1005. Purchase of equipment and service through cooperative purchasing
415 contracts.
416 The State Board of Education or a school district may purchase computers, peripheral
417 equipment, and Internet service for low income families who cannot afford them through
418 cooperative purchasing contracts administered by the state Division of Purchasing and General
419 Services.
420 Section 9. Section 53A-1a-1006 is enacted to read:
421 53A-1a-1006. Audit and evaluation.
422 (1) The state auditor shall:
423 (a) conduct an annual audit of the contractor's use of funds for UPSTART; or
424 (b) contract with an independent certified public accountant to conduct an annual audit.
425 (2) The State Board of Education shall:
426 (a) require by contract that the contractor will open its books and records relating to its
427 expenditure of funds pursuant to the contract to the state auditor or the state auditor's designee;
428 (b) reimburse the state auditor for the actual and necessary costs of the audit; and

429 (c) contract with an independent, qualified evaluator, selected through a request for
430 proposals process, to evaluate the home-based educational technology program for preschool
431 children.
432 (3) Of the monies appropriated by the Legislature for UPSTART, excluding funds used
433 to provide computers, peripheral equipment, and Internet service to families, no more than
434 7.5% may be used for the evaluation of the program.
435 Section 10. Section 53A-1a-1007 is enacted to read:
436 53A-1a-1007. Annual report.
437 (1) The State Board of Education shall make a report on UPSTART to the Education
438 Interim Committee by November 30 each year.
439 (2) The report shall:
440 (a) address the extent to which UPSTART is accomplishing the purposes for which it
441 was established as specified in Section 53A-1a-1002 ; and
442 (b) include the following information:
443 (i) the number of families:
444 (A) volunteering to participate in the program;
445 (B) selected to participate in the program;
446 (C) requesting computers; and
447 (D) furnished computers;
448 (ii) the frequency of use of the instructional software;
449 (iii) obstacles encountered with software usage, hardware, or providing technical
450 assistance to families;
451 (iv) student performance on pre-kindergarten and post-kindergarten assessments
452 conducted by school districts and charter schools for students who participated in the
453 home-based educational technology program and those who did not participate in the program;
454 and
455 (v) as available, the evaluation of the program conducted pursuant to Section
456 53A-1a-1006 .
457 Section 11. Section 53A-13-110 is enacted to read:
458 53A-13-110. Financial literacy education.
459 (1) As used in this section, "financial and economic literacy passport" means a

460 document that tracks mastery of financial and economic literacy concepts and completion of
461 financial and economic activities, including the following:
462 (a) basic budgeting;
463 (b) saving and financial investments;
464 (c) banking and financial services, including balancing a checkbook or a bank account;
465 (d) career management, including earning an income;
466 (e) rights and responsibilities of renting or buying a home;
467 (f) retirement planning;
468 (g) loans and borrowing money, including interest, credit card debt, predatory lending,
469 and payday loans;
470 (h) insurance;
471 (i) federal, state, and local taxes;
472 (j) charitable giving;
473 (k) online commerce;
474 (l) identity fraud and theft;
475 (m) negative financial consequences of gambling;
476 (n) bankruptcy;
477 (o) free markets and prices;
478 (p) supply and demand;
479 (q) monetary and fiscal policy;
480 (r) effective business plan creation, including using economic analysis in creating a
481 plan;
482 (s) scarcity and choices;
483 (t) opportunity cost and tradeoffs;
484 (u) productivity;
485 (v) entrepreneurism; and
486 (w) economic reasoning.
487 (2) The State Board of Education shall:
488 (a) in cooperation with interested private and non-profit entities:
489 (i) develop a financial and economic literacy passport that students may elect to
490 complete;

491 (ii) develop methods of encouraging parent and educator involvement in completion of
492 the financial and economic literacy passport; and
493 (iii) develop and implement appropriate recognition and incentives for students who
494 complete the financial and economic literacy passport, including:
495 (A) a financial and economic literacy endorsement on the student's diploma of
496 graduation;
497 (B) a specific designation on the student's official transcript; and
498 (C) any incentives offered by community partners;
499 (b) more fully integrate existing and new financial and economic literacy education
500 into instruction in kindergarten through twelfth grade by:
501 (i) coordinating financial and economic literacy instruction with existing instruction in
502 other core curriculum areas such as mathematics and social studies;
503 (ii) using curriculum mapping;
504 (iii) creating training materials and staff development programs that:
505 (A) highlight areas of potential coordination between financial and economic literacy
506 education and other core curriculum concepts; and
507 (B) demonstrate specific examples of financial and economic literacy concepts as a
508 way of teaching other core curriculum concepts; and
509 (iv) using appropriate financial and economic literacy assessments to improve financial
510 and economic literacy education and, if necessary, developing assessments;
511 (c) work with interested private and non-profit entities to:
512 (i) coordinate school use of existing financial and economic literacy education
513 resources; and
514 (ii) develop simple, clear, and consistent messaging to reinforce and link existing
515 financial literacy resources; and
516 (iii) coordinate the efforts of school, work, private, non-profit, and other financial
517 education providers in implementing methods of appropriately communicating to teachers,
518 students, and parents key financial and economic literacy messages; and
519 (d) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
520 make rules to develop guidelines and methods for school districts and charter schools to more
521 fully integrate financial and economic literacy education into other core curriculum courses.

522 (3) The state superintendent shall annually report to the Education Interim Committee
523 by November of each year on the successes and areas of needed improvement in financial and
524 economic literacy education provided pursuant to this section.
525 Section 12. Section 53A-17a-103 is amended to read:
526 53A-17a-103. Definitions.
527 As used in this chapter:
528 (1) "Basic state-supported school program" or "basic program" means public education
529 programs for kindergarten, elementary, and secondary school students that are operated and
530 maintained for the amount derived by multiplying the number of weighted pupil units for each
531 district by [$2,514] $2,577, except as otherwise provided in this chapter.
532 (2) (a) "Certified revenue levy" means a property tax levy that provides an amount of
533 ad valorem property tax revenue equal to the sum of:
534 (i) the amount of ad valorem property tax revenue to be generated statewide in the
535 previous year from imposing a minimum basic tax rate, as specified in Subsection
536 53A-17a-135 (1)(a); and
537 (ii) the product of:
538 (A) new growth, as defined in Section 59-2-924 and rules of the State Tax
539 Commission; and
540 (B) the minimum basic tax rate certified by the State Tax Commission for the previous
541 year.
542 (b) For purposes of this Subsection (2), "ad valorem property tax revenue" does not
543 include property tax revenue received statewide from personal property that is:
544 (i) assessed by a county assessor in accordance with Title 59, Chapter 2, Part 3, County
545 Assessment; and
546 (ii) semiconductor manufacturing equipment.
547 (3) "Leeway program" or "leeway" means a state-supported voted leeway program or
548 board leeway program authorized under Section 53A-17a-133 or 53A-17a-134 .
549 (4) "Pupil in average daily membership (ADM)" means a full-day equivalent pupil.
550 (5) (a) "State-supported minimum school program" or "minimum school program"
551 means public school programs for kindergarten, elementary, and secondary schools as
552 described in this Subsection (5).

553 (b) The minimum school program established in the districts shall include the
554 equivalent of a school term of nine months as determined by the State Board of Education.
555 (c) (i) The board shall establish the number of days or equivalent instructional hours
556 that school is held for an academic school year.
557 (ii) Education, enhanced by utilization of technologically enriched delivery systems,
558 when approved by local school boards, shall receive full support by the State Board of
559 Education as it pertains to fulfilling the attendance requirements, excluding time spent viewing
560 commercial advertising.
561 (d) The program includes the total of the following annual costs:
562 (i) the cost of a basic state-supported school program; and
563 (ii) other amounts appropriated in this chapter in addition to the basic program.
564 (6) "Weighted pupil unit or units or WPU or WPUs" means the unit of measure of
565 factors that is computed in accordance with this chapter for the purpose of determining the
566 costs of a program on a uniform basis for each district.
567 Section 13. Section 53A-17a-104 is amended to read:
568 53A-17a-104. Amount of state's contribution toward minimum school program.
569 (1) The total contribution of the state toward the cost of the minimum school program
570 may not exceed the sum of [$2,273,574,120] $2,495,183,979 for the fiscal year beginning July
571 1, [2007] 2008, except as otherwise provided by the Legislature through supplemental
572 appropriations.
573 (2) There is appropriated from state and local funds for fiscal year [2007-08] 2008-09
574 for distribution to school districts and charter schools, in accordance with this chapter, monies
575 for the following purposes and in the following amounts:
576 (a) basic program - kindergarten, [$61,819,260 (24,590] $65,182,638 (25,294 WPUs);
577 (b) basic program - grades 1-12, [$1,202,446,200 (478,300] $1,258,253,751 (488,263
578 WPUs);
579 (c) basic program - professional staff, [$112,436,136 (44,724] $116,307,741 (45,133
580 WPUs);
581 (d) basic program - administrative costs, [$4,072,680] $4,174,740 (1,620 WPUs);
582 (e) basic program - necessarily existent small schools and units for consolidated
583 schools, [$19,229,586] $19,711,473 (7,649 WPUs);

584 (f) special education - regular program - add-on WPUs for students with disabilities,
585 [$143,034,030 (56,895] $155,789,958 (60,454 WPUs);
586 (g) preschool special education program, [$20,918,994 (8,321] $22,082,313 (8,569
587 WPUs);
588 (h) self-contained regular WPUs, [$33,587,040 (13,360] $34,573,032 (13,416 WPUs);
589 (i) extended year program for severely disabled, [$922,638 (367] $968,952 (376
590 WPUs);
591 (j) special education programs in state institutions and district impact aid, [$4,090,278
592 (1,627] $4,293,282 (1,666 WPUs);
593 (k) career and technical education district programs, [$65,147,796 (25,914]
594 $67,530,285 (26,205 WPUs), including [$1,114,000] $1,154,458 for summer career and
595 technical education agriculture programs;
596 (l) career and technical education district set-aside, [$2,742,774 (1,091] $2,878,509
597 (1,117 WPUs);
598 (m) class size reduction, [$82,330,986 (32,749] $88,373,061 (34,293 WPUs);
599 (n) Social Security and retirement programs, [$333,315,119] $349,906,049;
600 (o) pupil transportation to and from school, [$70,928,797] $74,446,865, of which not
601 less than [$2,462,300] $2,584,435 shall be allocated to the Utah Schools for the Deaf and Blind
602 to pay for transportation costs of the schools' students;
603 (p) guarantee transportation levy, $500,000;
604 (q) Local Discretionary Block Grant Program, $21,820,748;
605 (r) Interventions for Student Success Block Grant Program, [$17,953,612]
606 $18,844,111;
607 (s) Quality Teaching Block Grant Program, [$73,947,829] $77,615,641;
608 (t) highly impacted schools, $5,123,207;
609 (u) at-risk programs, [$29,926,867] $31,411,241;
610 (v) adult education, [$9,781,008] $10,266,146;
611 (w) accelerated learning programs, [$3,975,546] $4,295,581;
612 (x) concurrent enrollment, [$9,215,497] $9,672,586;
613 (y) High-ability Student Initiative Program, $500,000;
614 (z) English Language Learner Family Literacy Centers, $2,000,000;

615 [(y)] (aa) electronic high school, $2,000,000;
616 [(z)] (bb) School LAND Trust Program, [$21,000,000] $26,499,500;
617 [(aa) state-supported voted leeway, $227,700,777;]
618 [(bb) state-supported board leeway, $62,066,336;]
619 (cc) charter schools, pursuant to Section 53A-1a-513 , [$28,509,000] $35,599,119;
620 (dd) charter school administrative costs, [$750,000] $2,029,020;
621 (ee) K-3 Reading Improvement Program, [$12,500,000] $15,000,000;
622 [(ff) state-supported board leeway for K-3 Reading Improvement Program,
623 $15,000,000; and]
624 [(gg)] (ff) Public Education Job Enhancement Program, $2,430,000[.];
625 (gg) educator salary adjustments, $148,260,200;
626 (hh) Teacher Salary Supplement Restricted Account, $4,700,000;
627 (ii) library books and electronic resources, $1,500,000;
628 (jj) school nurses, $1,000,000;
629 (kk) critical languages, $230,000;
630 (ll) extended year for special educators, $2,900,000;
631 (mm) USTAR Centers, $6,900,000;
632 (nn) state-supported voted leeway, $273,337,346;
633 (oo) state-supported board leeway, $71,575,858; and
634 (pp) state-supported board leeway for K-3 Reading Improvement Program,
635 $15,000,000.
636 Section 14. Section 53A-17a-108 is amended to read:
637 53A-17a-108. Weighted pupil units for school district administrative costs --
638 Appropriation for charter school administrative costs.
639 (1) Administrative costs weighted pupil units are computed and distributed to districts
640 in accordance with the following schedule:
641 Administrative Costs Schedule
642 School District Enrollment as of October 1 Weighted Pupil Units
643 1 - 2,000 students 53
644 2,001 - 10,000 students 48
645 10,001 - 20,000 students 25

646 20,001 and above 16
647 (2) (a) Money appropriated to the State Board of Education for charter school
648 administrative costs, including an appropriation in Section 53A-17a-104 , shall be distributed to
649 charter schools in the amount of [$62] $70 for each charter school student in enrollment.
650 (b) Charter schools are encouraged to identify and use cost-effective methods of
651 performing administrative functions, including contracting for administrative services with the
652 State Charter School Board as provided in Section 53A-1a-501.6 .
653 (3) Charter schools are not eligible for funds for administrative costs under Subsection
654 (1).
655 Section 15. Section 53A-17a-120 is amended to read:
656 53A-17a-120. Appropriation for accelerated learning programs.
657 (1) Money appropriated to the State Board of Education in Section 53A-17a-104 for
658 accelerated learning programs shall be allocated to local school boards and charter schools for
659 the following programs:
660 (a) programs in grades 1-12 for the gifted and talented; [and]
661 (b) advanced placement[.]; and
662 (c) International Baccalaureate.
663 (2) (a) Districts shall spend monies for these programs according to rules established
664 by the State Board of Education in accordance with Title 63, Chapter 46a, Utah Administrative
665 Rulemaking Act.
666 (b) The State Board of Education shall develop uniform and consistent policies for
667 school districts to follow in utilizing advanced placement monies.
668 Section 16. Section 53A-17a-126 is amended to read:
669 53A-17a-126. State support of pupil transportation.
670 (1) Money appropriated to the State Board of Education in Section 53A-17a-104 for
671 state-supported transportation of public school students shall be apportioned and distributed in
672 accordance with Section 53A-17a-127 , except as otherwise provided in this section.
673 (2) (a) The Utah Schools for the Deaf and the Blind shall use money appropriated in
674 Section 53A-17a-104 to pay for transportation of their students based on current valid
675 contractual arrangements and best transportation options and methods as determined by the
676 schools.

677 (b) All student transportation costs of the schools shall be paid from the allocation of
678 pupil transportation monies received under Section 53A-17a-104 .
679 (3) (a) A school district may only claim eligible transportation costs as legally reported
680 on the prior year's annual financial report submitted under Section 53A-3-404 . [Each district
681 shall receive its]
682 (b) The state shall contribute 85% of approved transportation costs, [except that if
683 during the] subject to budget constraints.
684 (c) If in a fiscal year the total transportation allowance for all districts exceeds the
685 amount appropriated for that purpose, all allowances shall be reduced pro rata to equal not
686 more than [that amount] the amount appropriated.
687 (4) Local school boards shall provide salary adjustments to employee groups that work
688 with the transportation of students comparable to those of classified employees authorized
689 under Section 53A-17a-137 , when dividing the weighted pupil unit for salary adjustment
690 purposes.
691 Section 17. Section 53A-17a-127 is amended to read:
692 53A-17a-127. Eligibility for state-supported transportation -- Approved bus
693 routes -- Additional local tax.
694 (1) A student eligible for state-supported transportation means:
695 (a) a student enrolled in kindergarten through grade six who lives at least 1-1/2 miles
696 from school;
697 (b) a student enrolled in grades seven through 12 who lives at least two miles from
698 school; and
699 (c) a student enrolled in a special program offered by a school district and approved by
700 the State Board of Education for trainable, motor, multiple-disabled, or other students with
701 severe disabilities who are incapable of walking to school or where it is unsafe for students to
702 walk because of their disabling condition, without reference to distance from school.
703 (2) If a school district implements double sessions as an alternative to new building
704 construction, with the approval of the State Board of Education, those affected elementary
705 school students residing less than 1-1/2 miles from school may be transported one way to or
706 from school because of safety factors relating to darkness or other hazardous conditions as
707 determined by the local school board.

708 (3) (a) The State [Office] Board of Education shall distribute transportation monies to
709 school districts based on [three factors]:
710 (i) an allowance per mile for approved bus routes;
711 (ii) an allowance per hour for approved bus routes; [and]
712 (iii) an annual allowance for equipment and overhead costs based on approved bus
713 routes and the age of the equipment[.]; and
714 (iv) a minimum allocation for each school district eligible for transportation funding.
715 (b) The State Board of Education shall distribute appropriated transportation funds
716 based on the prior year's eligible transportation costs as legally reported under Subsection
717 53A-17a-126 (3).
718 [(b)] (c) In order for a bus to be considered for the equipment allowance under
719 Subsection (3)(a)(iii), it must meet federal and state regulations and standards for school buses.
720 [(c)] (d) The State [Office] Board of Education shall annually review the allowance per
721 mile, the allowance per hour, and the annual equipment and overhead allowance and adjust the
722 allowance to reflect current economic conditions.
723 (4) (a) Approved bus routes for funding purposes shall be determined on fall data
724 collected by October 1.
725 (b) Approved route funding shall be determined on the basis of the most efficient and
726 economic routes.
727 (5) A Transportation Advisory Committee with representation from local school
728 superintendents, business officials, school district transportation supervisors, and the [State
729 Office of Education] state superintendent's staff shall serve as a review committee for
730 addressing school transportation needs, including recommended approved bus routes.
731 (6) (a) A local school board may provide for the transportation of students who are not
732 eligible under Subsection (1), regardless of the distance from school, from:
733 (i) general funds of the district; and
734 (ii) a tax rate not to exceed .0003 per dollar of taxable value imposed on the district.
735 (b) A local school board may use revenue from the tax to pay for transporting
736 participating students to interscholastic activities, night activities, and educational field trips
737 approved by the board and for the replacement of school buses.
738 (c) (i) If a local school board levies a tax under Subsection (6)(a)(ii) of at least .0002,

739 the state may contribute an amount not to exceed 85% of the state average cost per mile,
740 contingent upon the Legislature appropriating funds for a state contribution.
741 (ii) The [State Office of Education] state superintendent's staff shall distribute the state
742 contribution according to rules enacted by the State Board of Education.
743 (d) (i) The amount of state guarantee money [to] which a school district would
744 otherwise be entitled to receive under Subsection (6)(c) may not be reduced for the sole reason
745 that the district's levy is reduced as a consequence of changes in the certified tax rate under
746 Section 59-2-924 due to changes in property valuation.
747 (ii) Subsection (6)(d)(i) applies for a period of two years following the change in the
748 certified tax rate.
749 [(7) There is appropriated for the fiscal year beginning July 1, 1999, $225,000 to the
750 state board as the state's contribution under Subsection (6)(c)(i).]
751 Section 18. Section 53A-17a-153 is amended to read:
752 53A-17a-153. Educator salary adjustments.
753 (1) As used in this section, "educator" means a person employed by a school district,
754 charter school, or the Utah Schools for the Deaf and the Blind who holds:
755 (a) a license issued under Title 53A, Chapter 6, Educator Licensing and Professional
756 Practices Act; and
757 (b) a position as a:
758 (i) classroom teacher;
759 (ii) speech pathologist;
760 (iii) librarian or media specialist;
761 (iv) preschool teacher;
762 [(v) school administrator;]
763 [(vi)] (v) mentor teacher;
764 [(vii)] (vi) teacher specialist or teacher leader;
765 [(viii)] (vii) guidance counselor;
766 [(ix)] (viii) audiologist;
767 [(x)] (ix) psychologist; or
768 [(xi)] (x) social worker.
769 (2) In recognition of the need to attract and retain highly skilled and dedicated

770 educators, the Legislature shall annually appropriate money for educator salary adjustments,
771 subject to future budget constraints.
772 (3) Money appropriated to the State Board of Education for educator salary
773 adjustments shall be distributed to school districts, charter schools, and the Utah Schools for
774 the Deaf and the Blind in proportion to the number of full-time-equivalent educator positions
775 in a school district, a charter school, or the Utah Schools for the Deaf and the Blind as
776 compared to the total number of full-time-equivalent educator positions in school districts,
777 charter schools, and the Utah Schools for the Deaf and the Blind.
778 (4) School districts, charter schools, and the Utah Schools for the Deaf and the Blind
779 shall award bonuses to educators as follows:
780 (a) the amount of the salary adjustment shall be the same for each full-time-equivalent
781 educator position in the school district, charter school, or the Utah Schools for the Deaf and the
782 Blind;
783 (b) a person who is not a full-time educator shall receive a partial salary adjustment
784 based on the number of hours the person works as an educator; and
785 (c) salary adjustments may be awarded only to educators who have received a
786 satisfactory rating or above on their most recent evaluation.
787 (5) (a) Each school district and charter school and the Utah Schools for the Deaf and
788 the Blind shall submit a report to the State Board of Education on how the money for salary
789 adjustments was spent, including the amount of the salary adjustment and the number of full
790 and partial salary adjustments awarded.
791 (b) The State Board of Education shall compile the information reported under
792 Subsection (5) and submit it to the Public Education Appropriations Subcommittee by
793 November 30 each year.
794 (6) The State Board of Education may make rules as necessary to administer this
795 section, in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
796 (7) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
797 monies each year to:
798 [(a)] (i) maintain educator salary adjustments provided in prior years; and
799 [(b)] (ii) provide educator salary adjustments to new employees.
800 (b) Money appropriated for educator salary adjustments shall include money for the

801 following employer-paid benefits:
802 (i) retirement;
803 (ii) worker's compensation;
804 (iii) Social Security; and
805 (iv) Medicare.
806 Section 19. Section 53A-17a-156 is enacted to read:
807 53A-17a-156. Teacher Salary Supplement Program.
808 (1) As used in this section:
809 (a) "Eligible teacher" means a teacher who:
810 (i) has an assignment to teach:
811 (A) a secondary school level mathematics course;
812 (B) integrated science in grade 7 or 8;
813 (C) chemistry; or
814 (D) physics;
815 (ii) holds the appropriate endorsement for the assigned course;
816 (iii) has qualifying educational background; and
817 (iv) (A) is a new employee; or
818 (B) received a satisfactory rating or above on the teacher's most recent evaluation.
819 (b) "Qualifying educational background" means:
820 (i) for a teacher who is assigned a secondary school level mathematics course, a
821 bachelor's degree major, master's degree, or doctoral degree in mathematics; and
822 (ii) for a teacher who is assigned a grade 7 or 8 integrated science course, chemistry
823 course, or physics course, a bachelor's degree major, master's degree, or doctoral degree in:
824 (I) integrated science;
825 (II) chemistry;
826 (III) physics;
827 (IV) physical science; or
828 (V) general science.
829 (2) (a) Subject to future budget constraints, the Legislature shall annually appropriate
830 money to the Teacher Salary Supplement Restricted Account established in Section
831 53A-17a-157 to fund the Teacher Salary Supplement Program.

832 (b) Money appropriated for the Teacher Salary Supplement Program shall include
833 money for the following employer-paid benefits:
834 (i) retirement;
835 (ii) workers' compensation;
836 (iii) Social Security; and
837 (iv) Medicare.
838 (3) (a) Beginning in fiscal year 2008-09, the annual salary supplement is $4,500 for an
839 eligible teacher who:
840 (i) is assigned full-time to teach one or more courses listed in Subsections (1)(a)(i)(A)
841 through (D); and
842 (ii) meets the requirements of Subsections (1)(a)(ii) and (iii) for each course
843 assignment.
844 (b) An eligible teacher who has a part-time assignment to teach one or more courses
845 listed in Subsections (1)(a)(i)(A) through (D) shall receive a partial salary supplement based on
846 the number of hours worked in a course assignment that meets the requirements of Subsections
847 (1)(a)(ii) and (iii).
848 (4) The Department of Human Resource Management shall:
849 (a) create an on-line application system for a teacher to apply to receive a salary
850 supplement through the Teacher Salary Supplement Program;
851 (b) determine if a teacher:
852 (i) is an eligible teacher; and
853 (ii) has a course assignment as listed in Subsections (1)(a)(i)(A) through (D);
854 (c) verify, as needed, the determinations made under Subsection (4)(b) with school
855 district and school administrators; and
856 (d) certify a list of eligible teachers and the amount of their salary supplement, sorted
857 by school district and charter school, to the Division of Finance.
858 (5) (a) An eligible teacher shall apply with the Department of Human Resource
859 Management prior to the conclusion of a school year to receive the salary supplement
860 authorized in this section.
861 (b) An eligible teacher may apply with the Department of Human Resource
862 Management, after verification that the requirements under this section have been satisfied, to

863 receive a salary supplement after the completion of:
864 (i) the school year as an annual award; or
865 (ii) a semester or trimester as a partial award based on the portion of the school year
866 that has been completed.
867 (6) (a) The Division of Finance shall distribute monies from the Teacher Salary
868 Supplement Restricted Account to school districts and charter schools for the Teacher Salary
869 Supplement Program in accordance with the provisions of this section.
870 (b) The Department of Human Resource Management shall include the employer-paid
871 benefits described under Subsection (2)(b) in the amount of each salary supplement certified to
872 the Division of Finance.
873 (c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
874 salary supplement limits described under Subsection (3).
875 (7) (a) Money received from the Teacher Salary Supplement Restricted Account shall
876 be used by a school district or charter school to provide a salary supplement equal to the
877 amount specified for each eligible teacher.
878 (b) The salary supplement is part of the teacher's base pay, subject to the teacher's
879 qualification as an eligible teacher every year, semester, or trimester.
880 (8) The State Board of Education shall cooperate with the Department of Human
881 Resource Management as it administers the Teacher Salary Supplement Program by:
882 (a) providing or verifying teacher data, as requested; and
883 (b) making information technology resources available.
884 (9) Notwithstanding the provisions of this section, if the appropriation for the program
885 is insufficient to cover the costs associated with salary supplements, the Department of Human
886 Resource Management may limit or reduce the salary supplements.
887 Section 20. Section 53A-17a-157 is enacted to read:
888 53A-17a-157. Teacher Salary Supplement Restricted Account.
889 (1) There is created within the Uniform School Fund a restricted account known as the
890 "Teacher Salary Supplement Restricted Account."
891 (2) The account shall be funded from appropriations made to the account by the
892 Legislature.
893 (3) The account shall be used to fund teacher salary supplements for school districts

894 and charter schools as provided in Section 53A-17a-156 .
895 (4) The Division of Finance shall distribute account monies to school districts and
896 charter schools for the Teacher Salary Supplement Program as provided in Section
897 53A-17a-156 .
898 Section 21. Section 53A-17a-158 is enacted to read:
899 53A-17a-158. Stipends for special educators for additional days of work.
900 (1) As used in this section:
901 (a) "IEP" means an individualized education program developed pursuant to the
902 Individuals with Disabilities Education Improvement Act of 2004, as amended.
903 (b) "Special education teacher" means a teacher whose primary assignment is the
904 instruction of students with disabilities who are eligible for special education services.
905 (c) "Special educator" means a person employed by a school district, charter school, or
906 the Utah Schools for the Deaf and the Blind who holds:
907 (i) a license issued under Title 53A, Chapter 6, Educator Licensing and Professional
908 Practices Act; and
909 (ii) a position as a:
910 (A) special education teacher; or
911 (B) speech-language pathologist.
912 (2) The Legislature shall annually appropriate money for stipends to special educators
913 for additional days of work:
914 (a) in recognition of the added duties and responsibilities assumed by special educators
915 to comply with federal law regulating the education of students with disabilities and the need to
916 attract and retain qualified special educators; and
917 (b) subject to future budget constraints.
918 (3) The State Board of Education shall distribute money appropriated under this section
919 to school districts, charter schools, and the Utah Schools for the Deaf and the Blind for stipends
920 for special educators in the amount of $200 per day for up to ten additional working days.
921 (4) A special educator receiving a stipend shall:
922 (a) work an additional day beyond the number of days contracted with the special
923 educator's school district or school for each daily stipend;
924 (b) schedule the additional days of work before or after the school year; and

925 (c) use the additional days of work to perform duties related to the IEP process,
926 including:
927 (i) administering student assessments;
928 (ii) conducting IEP meetings;
929 (iii) writing IEPs;
930 (iv) conferring with parents; and
931 (v) maintaining records and preparing reports.
932 (5) A special educator may:
933 (a) elect to receive a stipend for one to ten days of additional work; or
934 (b) elect to not receive a stipend.
935 (6) A person who does not hold a full-time position as a special educator is eligible for
936 a partial stipend equal to the percentage of a full-time special educator position the person
937 assumes.
938 Section 22. Section 53A-17a-159 is enacted to read:
939 53A-17a-159. Utah Science Technology and Research Initiative Centers Program.
940 (1) (a) The Utah Science Technology and Research Initiative (USTAR) Centers
941 Program is created to provide a financial incentive for charter schools and school districts to
942 adopt programs that result in a more efficient use of human resources and capital facilities.
943 (b) The potential benefits of the program include:
944 (i) increased compensation for math and science teachers by providing opportunities
945 for an expanded contract year which will enhance school districts' and charter schools' ability to
946 attract and retain talented and highly qualified math and science teachers;
947 (ii) increased capacity of school buildings by using buildings more hours of the day or
948 more days of the year, resulting in reduced capital facilities costs;
949 (iii) decreased class sizes created by expanding the number of instructional
950 opportunities in a year;
951 (iv) opportunities for earlier high school graduation;
952 (v) improved student college preparation;
953 (vi) increased opportunities to offer additional remedial and advanced courses in math
954 and science;
955 (vii) opportunities to coordinate high school and post-secondary math and science

956 education; and
957 (viii) the creation or improvement of science, technology, engineering, and math
958 centers (STEM Centers).
959 (2) From monies appropriated for the USTAR Centers Program, the State Board of
960 Education shall award grants to charter schools and school districts to pay for costs related to
961 the adoption and implementation of the program.
962 (3) The State Board of Education shall:
963 (a) solicit proposals from the State Charter School Board and school districts for the
964 use of grant monies to facilitate the adoption and implementation of the program; and
965 (b) award grants on a competitive basis.
966 (4) The State Charter School Board shall:
967 (a) solicit proposals from charter schools that may be interested in participating in the
968 USTAR Centers Program;
969 (b) prioritize the charter school proposals and consolidate them into the equivalent of a
970 single school district request; and
971 (c) submit the consolidated request to the State Board of Education.
972 (5) In selecting a grant recipient, the State Board of Education shall consider:
973 (a) the degree to which a charter school or school district's proposed adoption and
974 implementation of an extended year for math and science teachers achieves the benefits
975 described in Subsection (1);
976 (b) the unique circumstances of different urban, rural, large, small, growing, and
977 declining charter schools and school districts; and
978 (c) providing pilot programs in as many different school districts and charter schools as
979 possible.
980 (6) (a) Except as provided in Subsection (6)(b), a school district or charter school may
981 only use grant monies to provide full year teacher contracts, part-time teacher contract
982 extensions, or combinations of both, for math and science teachers.
983 (b) Up to 5% of the grant monies may be used to fund math and science field trips,
984 textbooks, and supplies.
985 (7) Participation in the USTAR Centers Program shall be:
986 (a) voluntary for an individual teacher; and

987 (b) voluntary for a charter school or school district.
988 (8) The State Board of Education shall make an annual report during the 2009, 2010,
989 and 2011 interims to the Public Education Appropriations Subcommittee describing the
990 program's impact on students and its effectiveness at achieving the benefits described in
991 Subsection (1).
992 Section 23. Section 53A-17a-160 is enacted to read:
993 53A-17a-160. High-ability Student Initiative Program.
994 (1) The High-ability Student Initiative Program is created to provide resources for
995 educators to enhance the academic growth of high-ability students.
996 (2) The program shall consist of:
997 (a) personnel under the direction of the State Board of Education and superintendent of
998 public instruction who shall direct and facilitate the program;
999 (b) a comprehensive, Internet-based resource center to provide information about
1000 high-ability students to teachers, administrators, parents, and the community;
1001 (c) professional development and professional learning communities for teachers,
1002 including research-based tools to:
1003 (i) identify high-ability students;
1004 (ii) implement strategies to meet high-ability students' needs;
1005 (iii) train and mentor teachers; and
1006 (iv) enhance teacher collaboration and networking, including videoconferencing
1007 equipment for classroom observation and coaching;
1008 (d) assistance for a teacher to obtain an endorsement for gifted and talented education;
1009 and
1010 (e) an evaluation of the program.
1011 (3) (a) From monies appropriated for the High-ability Student Initiative Program, the
1012 State Board of Education shall establish a grant program to encourage a licensed teacher to
1013 obtain an endorsement for gifted and talented education.
1014 (b) The State Board of Education may award up to 250 grants in amounts of up to
1015 $2,500 each.
1016 (c) To receive a grant, a licensed teacher shall provide matching funds in an amount
1017 equal to 1/2 the grant amount.

1018 (4) From monies appropriated for the High-ability Student Initiative Program, the State
1019 Board of Education shall:
1020 (a) contract with an independent, qualified evaluator, selected through a request for
1021 proposals process, to evaluate the High-ability Student Initiative Program; and
1022 (b) provide up to 60 stipends in amounts of up to $1,500 each for teachers who
1023 participate in the evaluation.
1024 (5) High-ability Student Initiative Program monies may not be used to supplant funds
1025 for existing programs, but may be used to augment existing programs.
1026 (6) Participation in the High-ability Student Initiative Program shall be:
1027 (a) voluntary for an individual teacher; and
1028 (b) voluntary for a charter school or school district.
1029 (7) The State Board of Education shall make an annual report during the 2009, 2010,
1030 and 2011 interims to the Public Education Interim Committee describing the program's impact
1031 on high-ability students.
1032 Section 24. Section 53A-17a-161 is enacted to read:
1033 53A-17a-161. English Language Learner Family Literacy Centers Program --
1034 Report.
1035 (1) Money appropriated for the English Language Learner Family Literacy Centers
1036 Program shall be used by school districts and charter schools to pay for costs of English
1037 Language Learner Family Literacy Centers as provided in this section.
1038 (2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
1039 State Board of Education, after consultation with school districts and charter schools, shall
1040 adopt a formula that allocates the money appropriated by the Legislature for the English
1041 Language Learner Family Literacy Centers Program to school districts and charter schools in a
1042 fair and equitable manner.
1043 (3) English Language Learner Family Literacy Centers shall be established to:
1044 (a) increase parent involvement;
1045 (b) communicate with parents who are not proficient in English concerning required
1046 and optional activities at the school, in the parents' preferred language to the extent practicable;
1047 (c) increase academic achievement, literacy skills, and language gains in all ethnic
1048 groups of students and their families;

1049 (d) coordinate with school administrators, educators, families, and students; and
1050 (e) support and coordinate with other language acquisition instructional services and
1051 language proficiency programs in the public schools.
1052 (4) The State Board of Education shall make a report to the Education Interim
1053 Committee on the effectiveness of the English Language Learner Family Literacy Centers
1054 Program before November 30, 2011.
1055 Section 25. Section 53A-17a-162 is enacted to read:
1056 53A-17a-162. Beverley Taylor Sorenson Elementary Arts Learning Program.
1057 (1) The Legislature finds that a strategic placement of arts in elementary education can
1058 impact the critical thinking of students in other core subject areas, including mathematics,
1059 reading, and science.
1060 (2) The Beverley Taylor Sorenson Elementary Arts Learning Program is created to
1061 enhance the social, emotional, academic, and arts learning of students in kindergarten through
1062 grade six by integrating arts teaching and learning into core subject areas.
1063 (3) From monies appropriated for the Beverley Taylor Sorenson Elementary Arts
1064 Learning Program, the State Board of Education shall, after consulting with the Utah Arts
1065 Council and receiving their recommendations:
1066 (a) establish a grant program to allow school districts and charter schools to hire 50
1067 highly qualified, full-time arts specialists to be based at 50 schools;
1068 (b) provide up to $10,000 in one-time funds for each school arts specialist described
1069 under Subsection (3)(a) to purchase supplies and equipment;
1070 (c) establish a grant program to allow ten school districts to hire art coordinators,
1071 provided that a qualifying school district provides matching funds in an amount equal to the
1072 grant amount; and
1073 (d) annually contract with an independent, qualified evaluator, selected through a
1074 request for proposals process, to evaluate the Beverley Taylor Sorenson Elementary Arts
1075 Learning Program.
1076 (4) Beverley Taylor Sorenson Elementary Arts Learning Program monies may not be
1077 used to supplant funds for existing programs funded by the state, but shall be used to augment
1078 existing programs.
1079 (5) Schools that participate in the Beverley Taylor Sorenson Elementary Arts Learning

1080 Program shall partner with institutions of higher education that award elementary education
1081 degrees to obtain quality pre-service and in-service training, research, and leadership
1082 development for arts education.
1083 (6) The State Board of Education shall, after consultation with the Utah Arts Council,
1084 make an annual report during the 2009, 2010, and 2011 interims to the Public Education
1085 Interim Committee describing the program's impact on students in kindergarten through grade
1086 six.
1087 Section 26. Section 63-55b-153 is amended to read:
1088 63-55b-153. Repeal dates -- Titles 53, 53A, and 53B.
1089 (1) Section 53-3-210 is repealed February 1, 2007.
1090 (2) Section 53A-1-403.5 is repealed July 1, 2012.
1091 (3) Subsection 53A-1a-511 (7)(c) is repealed July 1, 2007.
1092 (4) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2014.
1093 [(4)] (5) Section 53A-3-702 is repealed July 1, 2008.
1094 [(5)] (6) Section 53A-6-112 is repealed July 1, 2009.
1095 (7) Subsection 53A-13-110 (3) is repealed July 1, 2013.
1096 [(6)] (8) Section 53A-17a-152 is repealed July 1, 2010.
1097 (9) Section 53A-17a-162 is repealed July 1, 2012.
1098 Section 27. Ongoing appropriations.
1099 (1) As an ongoing appropriation subject to future budget constraints, there is
1100 appropriated from the Uniform School Fund for fiscal year 2008-09, as follows:
1101 (a) $2,500,000 to the State Board of Education for UPSTART as provided in Title
1102 53A, Chapter 1a, Part 10, UPSTART, including costs of:
1103 (i) a home-based educational technology program provided by a contractor;
1104 (ii) computers, peripheral equipment, and Internet service for families who cannot
1105 afford the equipment and service;
1106 (iii) administrative and technical support provided by school districts;
1107 (iv) an audit of the contractor's use of funds appropriated for UPSTART; and
1108 (v) an evaluation of the home-based educational technology program;
1109 (b) $100,000 to the State Board of Education for staff development and assessments in
1110 financial and economic literacy as provided by Subsection 53A-13-110 (2)(b);

1111 (c) $869,580 to the State Charter School Board for support services to charter schools
1112 as provided in Section 53A-1a-501.6 ; and
1113 (d) $4,700,000 from the Uniform School Fund Teacher Salary Supplement Restricted
1114 Account for the Teacher Salary Supplement Program in accordance with the provisions under
1115 Sections 53A-17a-156 and 53A-17a-157 .
1116 (2) As an ongoing appropriation subject to future budget constraints, there is
1117 appropriated from the General Fund for fiscal year 2008-09, $250,000 from the General Fund
1118 to the Department of Human Resource Management for administration of the Teacher Salary
1119 Supplement Program established in Section 53A-17a-156 .
1120 Section 28. One-time appropriations for fiscal year 2008-09.
1121 (1) There is appropriated from the Uniform School Fund for fiscal year 2008-09 only,
1122 as follows:
1123 (a) $3,000,000 to the State Board of Education for pupil transportation to and from
1124 school as provided in Sections 53A-17a-126 and 53A-17a-127 ;
1125 (b) $3,000,000 to the State Board of Education to fund the English Language Learner
1126 Family Literacy Centers Program established in Section 53A-17a-161 ;
1127 (c) $15,820,000 to the State Board of Education to fund the Beverley Taylor Sorenson
1128 Elementary Arts Learning Program established in Section 53A-17a-162 ; and
1129 (d) $150,000 to the State Board of Education to fulfill its requirements under
1130 Subsection 53A-13-110 (2), including curriculum integration and development of assessments
1131 and materials.
1132 (2) The money appropriated in Subsections (1)(a) through (d) is nonlaping.
1133 Section 29. One-time appropriations for fiscal year 2007-08.
1134 (1) There is appropriated for fiscal year 2007-08 only, as follows:
1135 (a) $50,000 from the General Fund to the Department of Human Resource
1136 Management for costs to administer the Teacher Salary Supplement Program established in
1137 Section 53A-17a-156 ;
1138 (b) $1,000,000 from the Uniform School Fund to the State Board of Education for
1139 UPSTART as provided in Title 53A, Chapter 1a, Part 10, UPSTART; and
1140 (c) $280,000 from the Uniform School Fund to the State Board of Education for library
1141 books and electronic resources.

1142 (2) The money appropriated in Subsections (1)(a) through (c) is nonlapsing.
1143 Section 30. One-time appropriation for classroom supplies.
1144 (1) There is appropriated from the Uniform School Fund to the State Board of
1145 Education for fiscal year 2008-09 only, $10,000,000 for classroom supplies and materials.
1146 (2) (a) Of the amount appropriated in Subsection (1), the board shall distribute
1147 $7,500,000 to classroom teachers in school districts, the Schools for the Deaf and the Blind,
1148 and charter schools on the basis of the number of classroom teachers in each school as
1149 compared to the total number of classroom teachers.
1150 (b) Teachers shall receive up to the following amounts:
1151 (i) a teacher on salary schedule steps one through three teaching in grades kindergarten
1152 through six or preschool handicapped - $360;
1153 (ii) a teacher on salary schedule steps one through three teaching in grades seven
1154 through twelve - $310;
1155 (iii) a teacher on salary schedule step four or higher teaching in grades kindergarten
1156 through six or preschool handicapped - $285; and
1157 (iv) a teacher on salary schedule step four or higher teaching in grades seven through
1158 twelve - $235.
1159 (c) If the appropriation in Subsection (1) is not sufficient to provide to each teacher the
1160 full amount allowed under Subsection (2)(b), teachers on salary schedule steps one through
1161 three shall receive the full amount allowed with the remaining monies apportioned to all other
1162 teachers.
1163 (3) (a) Of the amount appropriated in Subsection (1), the State Board of Education
1164 shall distribute $2,500,000 for classroom supplies and materials in accordance with a
1165 distribution formula established by rule.
1166 (b) The State Board of Education shall make rules in accordance with Subsections
1167 (3)(c) and (d) and Title 63, Chapter 46a, Utah Administrative Rulemaking Act, for the
1168 distribution of the $2,500,000.
1169 (c) The rules shall give priority to teachers in any grade in the first year of teaching in
1170 the awarding of the monies.
1171 (d) The rules may allow the monies to be distributed to teachers in any grade in the
1172 second through the fifth year of teaching.

1173 (4) Teachers shall spend the money appropriated in Subsection (1) for school supplies,
1174 materials, or field trips under rules adopted by the State Board of Education.
1175 (5) As used in this section, "classroom teacher" or "teacher" means permanent teacher
1176 positions filled by one teacher or two or more job-sharing teachers:
1177 (a) who are licensed personnel;
1178 (b) who are paid on the teacher's salary schedule;
1179 (c) who are hired for an entire contract period; and
1180 (d) whose primary function is to provide instructional or a combination of instructional
1181 and counseling services to students in public schools.
1182 Section 31. Intent language.
1183 It is the intent of the Legislature that:
1184 (1) at least $100,000 of the monies appropriated for accelerated learning programs in
1185 accordance with the provisions of Sections 53A-17a-104 and 53A-17a-120 shall be annually
1186 allocated to International Baccalaureate programs; and
1187 (2) the State Board of Education shall:
1188 (a) conduct an independent audit of funds allocated to the Utah Virtual Academy
1189 charter school through the Minimum School Program, including its expenditures of WPU,
1190 categorical (below-the-line), and local replacement funding, as the school begins operations for
1191 the 2008-09 school year; and
1192 (b) prepare and present a report to the Executive Appropriations Committee by
1193 November 30, 2008, detailing the findings of the independent audit and of Utah Virtual
1194 Academy expenditures examined through the audit.
1195 Section 32. Effective date.
1196 This bill takes effect on July 1, 2008, except:
1197 (1) if approved by two-thirds of all the members elected to each house, Sections
1198 53A-1a-1001 through 53A-1a-1007 take effect upon approval by the governor, or the day
1199 following the constitutional time limit of Utah Constitution Article VII, Section 8, without the
1200 governor's signature, or in the case of a veto, the date of veto override; and
1201 (2) the following sections take effect on May 5, 2008:
1202 (a) Section 53A-17a-156 ; and
1203 (b) Uncodified Section 29, One-time appropriations for fiscal year 2007-08.

1204 Section 33. Coordinating S.B. 2 with H.B. 1 -- Superseding amendments.
1205 If this S.B. 2 and H.B. 1, Minimum School Program Base Budget Amendments, both
1206 pass, it is the intent of the Legislature that when the Office of Legislative Research and General
1207 Counsel prepares the Utah Code database for publication:
1208 (1) the amendments to Section 53A-17a-104 in S.B. 2 supersede the amendments to
1209 Section 53A-17a-104 in H.B. 1;
1210 (2) Subsection 53A-17a-104 (2)(hh) in H.B. 1 shall be deleted and renumber the
1211 remaining subsections accordingly;
1212 (3) the amendments to Section 53A-17a-108 in S.B. 2 supersede the amendments to
1213 Section 53A-17a-108 in H.B. 1; and
1214 (4) Uncodified Section 7, Intent language for charter schools appropriation, in H.B. 1
1215 shall be deleted.