S.B. 234

1

MINIMUM SCHOOL PROGRAM AMENDMENTS -
2 COUNSELING AND GUIDANCE PROGRAMS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Mike Dmitrich
6 House Sponsor: Brad King
7
8 LONG TITLE
9 General Description:
10 This bill provides base funding for the Minimum School Program, including a separate
11 appropriation for comprehensive counseling and guidance programs.
12 Highlighted Provisions:
13 This bill:
14 . directs local school boards to establish comprehensive counseling and guidance
15 programs for students in kindergarten through grade 12;
16 . establishes a ceiling for the state contribution to the maintenance and operations
17 portion of the Minimum School Program for fiscal year 2008-09 of $2,336,677,131;
18 . provides an appropriation for comprehensive counseling and guidance programs;
19 . specifies how money appropriated for comprehensive counseling and guidance
20 programs shall be distributed to schools; and
21 . makes technical amendments.
22 Monies Appropriated in this Bill:
23 This bill appropriates:
24 . as an ongoing appropriation, $2,315,677,131 from the Uniform School Fund for
25 fiscal year 2008-09; and
26 . as an ongoing appropriation, $21,000,000 from the Interest and Dividends Account
27 for fiscal year 2008-09.

28 Other Special Clauses:
29 This bill takes effect on July 1, 2008.
30 This bill coordinates with H.B. 1, Minimum School Program Base Budget
31 Amendments, by providing substantive superseding amendments.
32 Utah Code Sections Affected:
33 AMENDS:
34 53A-1a-106, as last amended by Laws of Utah 2003, Chapter 221
35 53A-17a-104, as last amended by Laws of Utah 2007, Chapters 2, 344, 368, and 372
36 53A-17a-108, as last amended by Laws of Utah 2007, Chapter 344
37 53A-17a-113, as last amended by Laws of Utah 2007, Chapter 372
38 53A-17a-135, as last amended by Laws of Utah 2007, Chapter 2
39 ENACTS:
40 53A-17a-116.5, Utah Code Annotated 1953
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 53A-1a-106 is amended to read:
44 53A-1a-106. School district and individual school powers.
45 (1) In order to acquire and develop the characteristics listed in Section 53A-1a-104 ,
46 each school district and each public school within its respective district shall implement a
47 comprehensive system of accountability in which students advance through public schools by
48 demonstrating competency in required skills and mastery of required knowledge through the
49 use of diverse assessment instruments such as authentic and criterion referenced tests, projects,
50 and portfolios.
51 (2) (a) Each school district and public school shall:
52 (i) develop and implement programs integrating technology into the curriculum,
53 instruction, and student assessment;
54 (ii) provide for teacher and parent involvement in policymaking at the school site;
55 (iii) implement a public school choice program to give parents, students, and teachers
56 greater flexibility in designing and choosing among programs with different focuses through
57 schools within the same district and other districts, subject to space availability, demographics,
58 and legal and performance criteria;

59 (iv) establish strategic planning at both the district and school level and site-based
60 decision making programs at the school level;
61 (v) provide opportunities for each student to acquire and develop academic and
62 occupational knowledge, skills, and abilities;
63 (vi) participate in ongoing research and development projects primarily at the school
64 level aimed at improving the quality of education within the system; and
65 (vii) involve business and industry in the education process through the establishment
66 of partnerships with the business community at the district and school level.
67 (b) (i) Each local school board, in consultation with school personnel, parents, and
68 school community councils or similar entities shall establish a comprehensive counseling and
69 guidance program for students in kindergarten through grade 12, including policies to provide
70 for the effective implementation of a personalized student education plan (SEP) or student
71 education/occupation plan (SEOP) for each student [at the school site].
72 (ii) The policies shall include guidelines and expectations for:
73 (A) recognizing the student's accomplishments, strengths, and progress towards
74 meeting student achievement standards as defined in U-PASS;
75 (B) planning, monitoring, and managing education and career development; and
76 (C) involving students, parents, and school personnel in preparing and implementing
77 SEPs and SEOPs.
78 (iii) A parent may request conferences with school personnel in addition to SEP or
79 SEOP conferences established by local school board policy.
80 (iv) Time spent during the school day to implement SEPs and SEOPs is considered
81 part of the school term referred to in Subsection 53A-17a-103 (5).
82 (3) A school district or public school may submit proposals to modify or waive rules or
83 policies of a supervisory authority within the public education system in order to acquire or
84 develop the characteristics listed in Section 53A-1a-104 .
85 (4) (a) Each school district and public school shall make an annual report to its patrons
86 on its activities under this section.
87 (b) The reporting process shall involve participation from teachers, parents, and the
88 community at large in determining how well the district or school is performing.
89 Section 2. Section 53A-17a-104 is amended to read:

90 53A-17a-104. Amount of state's contribution toward minimum school program.
91 (1) The total contribution of the state toward the cost of the minimum school program
92 may not exceed the sum of [$2,273,574,120] $2,336,677,131 for the fiscal year beginning July
93 1, [2007] 2008, except as otherwise provided by the Legislature through supplemental
94 appropriations.
95 (2) There is appropriated from state and local funds for fiscal year [2007-08] 2008-09
96 for distribution to school districts and charter schools, in accordance with this chapter, monies
97 for the following purposes and in the following amounts:
98 (a) basic program - kindergarten, [$61,819,260 (24,590 WPUs)] $63,589,116 (25,294
99 WPUs);
100 (b) basic program - grades 1-12, [$1,202,446,200 (478,300 WPUs)] $1,227,493,182
101 (488,263 WPUs);
102 (c) basic program - professional staff, [$112,436,136 (44,724 WPUs)] $113,464,362
103 (45,133 WPUs);
104 (d) basic program - administrative costs, $4,072,680 (1,620 WPUs);
105 (e) basic program - necessarily existent small schools and units for consolidated
106 schools, $19,229,586 (7,649 WPUs);
107 (f) special education - regular program - add-on WPUs for students with disabilities,
108 [$143,034,030 (56,895 WPUs)] $151,981,356 (60,454 WPUs);
109 (g) preschool special education program, [$20,918,994 (8,321 WPUs)] $21,542,466
110 (8,569 WPUs);
111 (h) self-contained regular WPUs, [$33,587,040 (13,360 WPUs)] $33,727,824 (13,416
112 WPUs);
113 (i) extended year program for severely disabled, [$922,638 (367 WPUs)] $945,264
114 (376 WPUs);
115 (j) special education programs in state institutions and district impact aid, [$4,090,278
116 (1,627 WPUs)] $4,188,324 (1,666 WPUs);
117 (k) career and technical education district programs, [$65,147,796 (25,914 WPUs)]
118 $57,309,144 (22,796 WPUs), including [$1,114,000] $1,126,300 for summer career and
119 technical education agriculture programs;
120 (l) career and technical education district set-aside, [$2,742,774 (1,091 WPUs)]

121 $2,808,138 (1,117 WPUs);
122 (m) comprehensive counseling and guidance programs, $17,570,346 (6,989 WPUs);
123 [(m)] (n) class size reduction, [$82,330,986 (32,749 WPUs)] $86,212,602 (34, 293
124 WPUs);
125 [(n)] (o) Social Security and retirement programs, [$333,315,119] $341,371,755;
126 [(o)] (p) pupil transportation to and from school, [$70,928,797] $72,631,088, of which
127 not less than [$2,462,300] $2,521,400 shall be allocated to the Utah Schools for the Deaf and
128 Blind to pay for transportation costs of the schools' students;
129 [(p)] (q) guarantee transportation levy, $500,000;
130 [(q)] (r) Local Discretionary Block Grant Program, $21,820,748;
131 [(r)] (s) Interventions for Student Success Block Grant Program, [$17,953,612]
132 $18,384,499;
133 [(s)] (t) Quality Teaching Block Grant Program, [$73,947,829] $75,722,577;
134 [(t)] (u) highly impacted schools, $5,123,207;
135 [(u)] (v) at-risk programs, [$29,926,867] $30,645,122;
136 [(v)] (w) adult education, [$9,781,008] $10,015,752;
137 [(w)] (x) accelerated learning programs, [$3,975,546] $4,093,250;
138 [(x)] (y) concurrent enrollment, [$9,215,497] $9,436,669;
139 [(y)] (z) electronic high school, $2,000,000;
140 [(z)] (aa) School LAND Trust Program, $21,000,000;
141 [(aa)] (bb) state-supported voted leeway, [$227,700,777] $273,458,046;
142 [(bb)] (cc) state-supported board leeway, [$62,066,336] $71,607,458;
143 [(cc)] (dd) charter schools, pursuant to Section 53A-1a-513 , [$28,509,000]
144 $36,549,000;
145 [(dd)] (ee) charter school administrative costs, [$750,000] $898,566;
146 [(ee)] (ff) K-3 Reading Improvement Program, [$12,500,000] $15,000,000;
147 [(ff)] (gg) state-supported board leeway for K-3 Reading Improvement Program,
148 $15,000,000; [and]
149 [(gg)] (hh) Public Education Job Enhancement Program, $2,430,000[.];
150 (ii) charter schools ongoing per student funding, $3,512,488;
151 (jj) library books and electronic resources, $1,500,000;

152 (kk) school nurses, $1,000,000; and
153 (ll) critical languages, $230,000.
154 Section 3. Section 53A-17a-108 is amended to read:
155 53A-17a-108. Weighted pupil units for school district administrative costs --
156 Appropriation for charter school administrative costs.
157 (1) Administrative costs weighted pupil units are computed and distributed to districts
158 in accordance with the following schedule:
159 Administrative Costs Schedule
160 School District Enrollment as of October 1 Weighted Pupil Units
161 1 - 2,000 students 53
162 2,001 - 10,000 students 48
163 10,001 - 20,000 students 25
164 20,001 and above 16
165 (2) Money appropriated to the State Board of Education for charter school
166 administrative costs, including an appropriation in Section 53A-17a-104 , shall be distributed to
167 charter schools in the amount of [$62] $31 for each charter school student in enrollment.
168 (3) Charter schools are not eligible for funds for administrative costs under Subsection
169 (1).
170 Section 4. Section 53A-17a-113 is amended to read:
171 53A-17a-113. Weighted pupil units for career and technical education programs
172 -- Funding of approved programs -- Performance measures -- Qualifying criteria.
173 (1) (a) Money appropriated to the State Board of Education in Section 53A-17a-104 for
174 approved career and technical education programs [and the comprehensive guidance program]:
175 (i) shall be allocated to eligible recipients as provided in Subsections (2), (3), and (4)[,
176 and (5)]; and
177 (ii) may not be used to fund programs below the ninth grade level.
178 (b) Subsection (1)(a)(ii) does not apply to the following programs:
179 [(i) comprehensive guidance;]
180 [(ii)] (i) Technology-Life-Careers; and
181 [(iii)] (ii) work-based learning programs.
182 (2) (a) Weighted pupil units are computed for pupils in approved programs.

183 (b) (i) The board shall fund approved programs based upon hours of membership of
184 9th through 12th grade students.
185 (ii) Subsection (2)(b)(i) does not apply to the following programs:
186 [(A) comprehensive guidance;]
187 [(B)] (A) Technology-Life-Careers; and
188 [(C)] (B) work-based learning programs.
189 (c) The board shall use an amount not to exceed 20% of the total appropriation under
190 this section to fund approved programs based on performance measures such as placement and
191 competency attainment defined in standards set by the board.
192 (d) Leadership organization funds shall constitute an amount not to exceed 1% of the
193 total appropriation under this section, and shall be distributed to each local educational agency
194 sponsoring career and technical education student leadership organizations based on the
195 agency's share of the state's total membership in those organizations.
196 (e) The board shall make the necessary calculations for distribution of the
197 appropriation to school districts and may revise and recommend changes necessary for
198 achieving equity and ease of administration.
199 (3) (a) Twenty weighted pupil units shall be computed for career and technical
200 education administrative costs for each district, except 25 weighted pupil units may be
201 computed for each district that consolidates career and technical education administrative
202 services with one or more other districts.
203 (b) Between 10 and 25 weighted pupil units shall be computed for each high school
204 conducting approved career and technical education programs in a district according to
205 standards established by the board.
206 (c) Forty weighted pupil units shall be computed for each district that operates an
207 approved career and technical education center.
208 (d) Between five and seven weighted pupil units shall be computed for each summer
209 career and technical education agriculture program according to standards established by the
210 board.
211 (e) The board shall, by rule, establish qualifying criteria for districts to receive
212 weighted pupil units under this Subsection (3).
213 (4) (a) Monies remaining after the allocations made under Subsections (2) and (3) shall

214 be allocated using average daily membership in approved programs for the previous year.
215 (b) A district that has experienced student growth in grades 9 through 12 for the
216 previous year shall have the growth factor applied to the previous year's weighted pupil units
217 when calculating the allocation of monies under this Subsection (4).
218 [(5) Of the monies allocated to comprehensive guidance programs pursuant to board
219 rules, $1,000,000 in grants shall be awarded to school districts or charter schools that:]
220 [(a) provide an equal amount of matching funds; and]
221 [(b) do not supplant other funds used for comprehensive guidance programs.]
222 [(6)] (5) (a) The board shall establish rules for the upgrading of high school career and
223 technical education programs.
224 (b) The rules shall reflect career and technical training and actual marketable job skills
225 in society.
226 (c) The rules shall include procedures to assist school districts to convert existing
227 programs which are not preparing students for the job market into programs that will
228 accomplish that purpose.
229 [(7)] (6) Programs that do not meet board standards may not be funded under this
230 section.
231 Section 5. Section 53A-17a-116.5 is enacted to read:
232 53A-17a-116.5. Comprehensive counseling and guidance programs.
233 (1) The State Board of Education shall distribute money appropriated for
234 comprehensive counseling and guidance programs:
235 (a) to schools that implement counseling and guidance standards and procedures
236 established by the board;
237 (b) in accordance with:
238 (i) a formula adopted by the board; and
239 (ii) Subsection (2); and
240 (c) with priority given to funding schools with students in grades 7 through 12.
241 (2) Of the monies appropriated for comprehensive counseling and guidance programs,
242 $1,000,000 shall be awarded as grants to school districts or charter schools that:
243 (a) provide an equal amount of matching funds; and
244 (b) do not supplant other funds used for comprehensive counseling and guidance

245 programs.
246 Section 6. Section 53A-17a-135 is amended to read:
247 53A-17a-135. Minimum basic tax rate -- Certified revenue levy.
248 (1) (a) In order to qualify for receipt of the state contribution toward the basic program
249 and as its contribution toward its costs of the basic program, each school district shall impose a
250 minimum basic tax rate per dollar of taxable value that generates [$245,254,790] $260,731,750
251 in revenues statewide.
252 (b) The preliminary estimate for the [2007-08] 2008-09 minimum basic tax rate is
253 [.001474] .00125.
254 (c) The State Tax Commission shall certify on or before June 22 the rate that generates
255 [$245,254,790] $260,731,750 in revenues statewide.
256 (d) If the minimum basic tax rate exceeds the certified revenue levy as defined in
257 Section 53A-17a-103 , the state is subject to the notice requirements of Section 59-2-926 .
258 (2) (a) The state shall contribute to each district toward the cost of the basic program in
259 the district that portion which exceeds the proceeds of the levy authorized under Subsection
260 (1).
261 (b) In accord with the state strategic plan for public education and to fulfill its
262 responsibility for the development and implementation of that plan, the Legislature instructs
263 the State Board of Education, the governor, and the Office of Legislative Fiscal Analyst in each
264 of the coming five years to develop budgets that will fully fund student enrollment growth.
265 (3) (a) If the proceeds of the levy authorized under Subsection (1) equal or exceed the
266 cost of the basic program in a school district, no state contribution shall be made to the basic
267 program.
268 (b) The proceeds of the levy authorized under Subsection (1) which exceed the cost of
269 the basic program shall be paid into the Uniform School Fund as provided by law.
270 Section 7. Effective date.
271 This bill takes effect on July 1, 2008.
272 Section 8. Coordinating S.B. 234 with H.B. 1 -- Substantively superseding
273 amendments.
274 If this S.B. 234 and H.B. 1, Minimum School Program Base Budget Amendments, both
275 pass, it is the intent of the Legislature that when the Office of Legislative Research and General

276 Counsel prepares the Utah Code database for publication:
277 (1) the amendments to Subsection 53A-17a-104 (1) in S.B. 234 supersede the
278 amendments to Subsection 53A-17a-104 (1) in H.B. 1;
279 (2) the amendments to Subsection 53A-17a-104 (2)(k) in S.B. 234 supersede the
280 amendments to Subsection 53A-17a-104 (2)(k) in H.B. 1;
281 (3) the amendments to Subsection 53A-17a-104 (2)(bb) in S.B. 234 supersede the
282 amendments to Subsection 53A-17a-104 (2)(aa) in H.B. 1; and
283 (4) the amendments to Subsection 53A-17a-104 (2)(cc) in S.B. 234 supersede the
284 amendments to Subsection 53A-17a-104 (2)(bb) in H.B. 1.




Legislative Review Note
as of 2-11-08 10:39 AM

Office of Legislative Research and General Counsel