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H.B. 313
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7 LONG TITLE
8 General Description:
9 This bill modifies funding provided to a charter school to replace local discretionary
10 property taxes that are not available to charter schools.
11 Highlighted Provisions:
12 This bill:
13 . modifies funding provided to a charter school to replace local property taxes that are
14 not available to charter schools by, over a period of 13 years:
15 . increasing the portion of school district revenues that a school district allocates
16 for a resident student enrolled in a charter school; and
17 . decreasing state revenues allocated to a charter school;
18 . provides an allocation of state funds for a charter school student in the amount of
19 school districts' average per pupil revenues from the voted and board leeway
20 guarantee programs, Capital Outlay Foundation Program, and Capital Outlay
21 Enrollment Growth Program;
22 . eliminates a requirement that a charter school spend at least 10% of money received
23 to replace local property tax revenue for capital facilities; and
24 . makes technical amendments.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 This bill takes effect on July 1, 2011.
29 Utah Code Sections Affected:
30 AMENDS:
31 53A-1a-513, as last amended by Laws of Utah 2010, Chapters 3 and 399
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33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 53A-1a-513 is amended to read:
35 53A-1a-513. Funding for charter schools.
36 (1) As used in this section:
37 (a) "Charter school students' average local revenues" means the amount determined as
38 follows:
39 (i) for each student enrolled in a charter school on the previous October 1, calculate the
40 district per pupil local revenues of the school district in which the student resides;
41 (ii) sum the district per pupil local revenues for each student enrolled in a charter
42 school on the previous October 1; and
43 (iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of students
44 enrolled in charter schools on the previous October 1.
45 (b) "District per pupil local revenues" means the amount determined as follows, using
46 data from the most recently published school district annual financial reports and state
47 superintendent's annual report:
48 (i) calculate the sum of a school district's revenue received from:
49 (A) a voted levy imposed under Section 53A-17a-133 ;
50 (B) a board levy imposed under Section 53A-17a-134 ;
51 (C) 10% of the cost of the basic program levy imposed under Section 53A-17a-145 ;
52 (D) a tort liability levy imposed under Section 63G-7-704 ;
53 (E) a capital outlay levy imposed under Section 53A-16-107 ; and
54 (F) a voted capital outlay levy imposed under Section 53A-16-110 ; and
55 (ii) divide the sum calculated under Subsection (1)(b)(i) by the sum of:
56 (A) a school district's average daily membership; and
57 (B) the average daily membership of a school district's resident students who attend
58 charter schools.
59 (c) "Resident student" means a student who is considered a resident of the school
60 district under Title 53A, Chapter 2, Part 2, District of Residency.
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67 (2) (a) Charter schools shall receive funding as described in this section, except
68 Subsections (3) through (8) do not apply to charter schools described in Subsection (2)(b).
69 (b) Charter schools authorized by local school boards that are converted from district
70 schools or operate in district facilities without paying reasonable rent shall receive funding as
71 prescribed in Section 53A-1a-515 .
72 (3) (a) Except as provided in Subsection (3)(b), a charter school shall receive state
73 funds, as applicable, on the same basis as a school district receives funds.
74 (b) In distributing funds under Title 53A, Chapter 17a, Minimum School Program Act,
75 to charter schools, charter school pupils shall be weighted, where applicable, as follows:
76 (i) .55 for kindergarten pupils;
77 (ii) .9 for pupils in grades 1-6;
78 (iii) .99 for pupils in grades 7-8; and
79 (iv) 1.2 for pupils in grades 9-12.
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81 resident student of the school district who is enrolled in a charter school on October 1 [
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87 (i) in fiscal year 2011-12:
88 (A) for a resident student enrolled in kindergarten in a charter school, the allocation
89 shall equal 100% of district per pupil local revenues; and
90 (B) for a resident student enrolled in grades 1 through 12 in a charter school, the
91 allocation shall equal 25% of district per pupil local revenues;
92 (ii) in fiscal year 2012-13:
93 (A) for a resident student enrolled in grades kindergarten through 1 in a charter school,
94 the allocation shall equal 100% of district per pupil local revenues; and
95 (B) for a resident student enrolled in grades 2 through 12 in a charter school, the
96 allocation shall equal 25% of district per pupil local revenues;
97 (iii) in fiscal year 2013-14:
98 (A) for a resident student enrolled in grades kindergarten through 2 in a charter school,
99 the allocation shall equal 100% of district per pupil local revenues; and
100 (B) for a resident student enrolled in grades 3 through 12 in a charter school, the
101 allocation shall equal 25% of district per pupil local revenues;
102 (iv) in fiscal year 2014-15:
103 (A) for a resident student enrolled in grades kindergarten through 3 in a charter school,
104 the allocation shall equal 100% of district per pupil local revenues; and
105 (B) for a resident student enrolled in grades 4 through 12 in a charter school, the
106 allocation shall equal 25% of district per pupil local revenues;
107 (v) in fiscal year 2015-16;
108 (A) for a resident student enrolled in grades kindergarten through 4 in a charter school,
109 the allocation shall equal 100% of district per pupil local revenues; and
110 (B) for a resident student enrolled in grades 5 through 12 in a charter school, the
111 allocation shall equal 25% of district per pupil local revenues;
112 (vi) in fiscal year 2016-17:
113 (A) for a resident student enrolled in grades kindergarten through 5 in a charter school,
114 the allocation shall equal 100% of district per pupil local revenues; and
115 (B) for a resident student enrolled in grades 6 through 12 in a charter school, the
116 allocation shall equal 25% of district per pupil local revenues;
117 (vii) in fiscal year 2017-18:
118 (A) for a resident student enrolled in grades kindergarten through 6 in a charter school,
119 the allocation shall equal 100% of district per pupil local revenues; and
120 (B) for a resident student enrolled in grades 7 through 12 in a charter school, the
121 allocation shall equal 25% of district per pupil local revenues;
122 (viii) in fiscal year 2018-19:
123 (A) for a resident student enrolled in grades kindergarten through 7 in a charter school,
124 the allocation shall equal 100% of district per pupil local revenues; and
125 (B) for a resident student enrolled in grades 8 through 12 in a charter school, the
126 allocation shall equal 25% of district per pupil local revenues;
127 (ix) in fiscal year 2019-20:
128 (A) for a resident student enrolled in grades kindergarten through 8 in a charter school,
129 the allocation shall equal 100% of district per pupil local revenues; and
130 (B) for a resident student enrolled in grades 9 through 12 in a charter school, the
131 allocation shall equal 25% of district per pupil local revenues;
132 (x) in fiscal year 2020-21:
133 (A) for a resident student enrolled in grades kindergarten through 9 in a charter school,
134 the allocation shall equal 100% of district per pupil local revenues; and
135 (B) for a resident student enrolled in grades 10 through 12 in a charter school, the
136 allocation shall equal 25% of district per pupil local revenues;
137 (xi) in fiscal year 2021-22:
138 (A) for a resident student enrolled in grades kindergarten through 10 in a charter
139 school, the allocation shall equal 100% of district per pupil local revenues; and
140 (B) for a resident student enrolled in grades 11 through 12 in a charter school, the
141 allocation shall equal 25% of district per pupil local revenues;
142 (xii) in fiscal year 2022-23:
143 (A) for a resident student enrolled in grades kindergarten through 11 in a charter
144 school, the allocation shall equal 100% of district per pupil local revenues; and
145 (B) for a resident student enrolled in grade 12 in a charter school, the allocation shall
146 equal 25% of district per pupil local revenues; and
147 (xiii) beginning in fiscal year 2023-24, the allocation for a resident student enrolled in
148 a charter school shall equal 100% of district per pupil local revenues.
149 (b) The State Board of Education shall:
150 (i) deduct an amount equal to the allocation provided under Subsection (4)(a) from
151 state funds the school district is authorized to receive under Title 53A, Chapter 17a, Minimum
152 School Program Act; and
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154 (ii) use the money deducted under Subsection (4)(b)(i), together with supplemental
155 state money appropriated as necessary, to provide funds to charter schools in the amount of
156 average district per pupil local revenues for each student enrolled in a charter school on
157 October 1.
158 (c) Notwithstanding the method used to transfer school district revenues to charter
159 schools as provided in Subsection (4)(b), a school district may deduct the allocations to charter
160 schools under this section from:
161 (i) unrestricted revenues available to the school district; or
162 (ii) the revenue sources listed in Subsections (1)(b)(i)(A) through (F) based on the
163 portion of the allocations to charter schools attributed to each of the revenue sources listed in
164 Subsections (1)(b)(i)(A) through (F).
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166 charter schools under Subsection (4)(b), the Legislature shall provide an appropriation for
167 charter schools for each student enrolled on October 1 [
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172 to:
173 (i) the sum of the following received by school districts statewide in the fiscal year two
174 years prior to the fiscal year a charter school receives a per pupil allocation under this
175 Subsection (4)(d):
176 (A) money for the guarantee provided under the voted leeway program established in
177 Section 53A-17a-133 ;
178 (B) money for the guarantee provided under the board-authorized leeway program
179 established in Section 53A-17a-134 ;
180 (C) money provided under the Capital Outlay Foundation Program created in Section
181 53A-21-201 ;
182 (D) money provided under the Capital Outlay Enrollment Growth Program created in
183 Section 53A-21-301 ; and
184 (E) revenues received from a debt service levy imposed under Section 11-14-310 ;
185 divided by
186 (ii) the sum of the average daily membership of school districts statewide in the school
187 year that is two years before the school year a charter school receives a per pupil allocation
188 under this Subsection (4)(d).
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195 amounts required in Subsections (4)(b)(ii) and (4)(d), the appropriation shall be allocated
196 among charter schools in proportion to each charter school's enrollment as a percentage of the
197 total enrollment in charter schools.
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199 Program allocations as provided under Section 53A-17a-105 , the allocation provided in
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201 Section 53A-17a-105 .
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204 (f) Nothing in this Subsection (4) affects the school bond guarantee program
205 established under Chapter 28, Utah School Bond Guaranty Act.
206 (5) Charter schools are eligible to receive federal funds if they meet all applicable
207 federal requirements and comply with relevant federal regulations.
208 (6) The State Board of Education shall distribute funds for charter school students
209 directly to the charter school.
210 (7) (a) Notwithstanding Subsection (3), a charter school is not eligible to receive state
211 transportation funding.
212 (b) The board shall also adopt rules relating to the transportation of students to and
213 from charter schools, taking into account Sections 53A-2-210 and 53A-17a-127 .
214 (c) The governing body of the charter school may provide transportation through an
215 agreement or contract with the local school board, a private provider, or with parents.
216 (8) (a) (i) The state superintendent of public instruction may allocate grants for both
217 start-up and ongoing costs to eligible charter school applicants from money appropriated for
218 the implementation of this part.
219 (ii) Applications for the grants shall be filed on a form determined by the state
220 superintendent and in conjunction with the application for a charter.
221 (iii) The amount of a grant may vary based upon the size, scope, and special
222 circumstances of the charter school.
223 (iv) The governing board of the charter school shall use the grant to meet the expenses
224 of the school as established in the school's charter.
225 (b) The State Board of Education shall coordinate the distribution of federal money
226 appropriated to help fund costs for establishing and maintaining charter schools within the
227 state.
228 (9) (a) A charter school may receive, hold, manage and use any devise, bequest, grant,
229 endowment, gift, or donation of any property made to the school for any of the purposes of this
230 part.
231 (b) It is unlawful for any person affiliated with a charter school to demand or request
232 any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
233 with the charter school as a condition for employment or enrollment at the school or continued
234 attendance at the school.
235 Section 2. Effective date.
236 This bill takes effect on July 1, 2011.
Legislative Review Note
as of 2-11-11 11:27 AM