House of Representatives
State of Utah
UTAH STATE CAPITOL COMPLEX . 350 STATE CAPITOL
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P.O. BOX 145030 . SALT LAKE CITY, UTAH 84114-5030 . (801) 538-1029 February 28, 2012
Madam Speaker:
The Education Committee reports a favorable recommendation on H.B. 392, CHARTER
SCHOOL FUNDING REVISIONS, by Representative S. Sandstrom, with the following amendments:
under
less than
Section
1. Page
1, Lines 12 through 13
:
12
. modifies a school district's contribution of school district revenues for
charter
13
school students; and
}
2. Page
1, Line 26 through Page 6, Line 155
:
26
Section 1.
Section
53A-1a-513
is amended to read:
27
53A-1a-513. Funding for charter schools.
28
(1) As used in this section:
29
(a) "Charter school students' average local revenues" means the amount
determined as
30
follows:
31
(i) for each student enrolled in a charter school on the previous October 1,
calculate the
32
district per pupil local revenues of the school district in which the student resides;
33
(ii) sum the district per pupil local revenues for each student enrolled in a
charter
34
school on the previous October 1; and
35
(iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of
students
36
enrolled in charter schools on the previous October 1.
37
(b) "District local property tax revenues" means the sum of a school district's
revenue
38
received from the following levies:
39
(i) (A) a voted levy imposed under Section
53A-17a-133
;
40
(B) a board levy imposed under Section
53A-17a-134
;
41
(C) a 10% of basic levy imposed under Section
53A-17a-145
;
42
(D) a tort liability levy imposed under Section
63G-7-704
;
43
(E) a capital outlay levy imposed under Section
53A-16-107
; and
44
(F) a voted capital outlay levy imposed under Section
53A-16-110
; or
45
(ii) (A) a voted local levy imposed under Section
53A-17a-133
;
46
(B) a board local levy imposed under Section
53A-17a-164
, excluding revenues
47
expended for:
48
(I) recreational facilities and activities authorized under Title 11, Chapter 2,
49
Playgrounds;
50
(II) pupil transportation, up to the amount of revenue generated by a .0003 per
dollar of
51
taxable value of the school district's board local levy; and
52
(III) the K-3 Reading Improvement Program, up to the amount of revenue
generated by
53
a .000121 per dollar of taxable value of the school district's board local levy; and
54
(C) a capital local levy imposed under Section
53A-16-113
.
55
(c) "District per pupil local revenues" means an amount equal to the following,
using
56
data from the most recently published school district annual financial reports and
state
57
superintendent's annual report:
58
(i) district local property tax revenues; divided by
59
(ii) the sum of:
60
(A) a school district's average daily membership; and
61
(B) the average daily membership of a school district's resident students who
attend
62
charter schools.
63
(d) "Resident student" means a student who is considered a resident of the
school
64
district under Title 53A, Chapter 2, Part 2, District of Residency.
65
(e) "Statewide average debt service revenues" means the amount determined
as
66
follows, using data from the most recently published state superintendent's annual
report:
67
(i) sum the revenues of each school district from the debt service levy imposed
68
Section
11-14-310
; and
69
(ii) divide the sum calculated under Subsection (1)(e)(i) by statewide school
district
70
average daily membership.
71
(2) (a) Charter schools shall receive funding as described in this section, except
72
Subsections (3) through (8) do not apply to charter schools described in Subsection
(2)(b).
73
(b) Charter schools authorized by local school boards that are converted from
district
74
schools or operate in district facilities without paying reasonable rent shall receive
funding as
75
prescribed in Section
53A-1a-515
.
76
(3) (a) Except as provided in Subsection (3)(b), a charter school shall receive
state
77
funds, as applicable, on the same basis as a school district receives funds.
78
(b) In distributing funds under Chapter 17a, Minimum School Program Act, to
charter
79
schools, charter school pupils shall be weighted, where applicable, as follows:
80
(i) .55 for kindergarten pupils;
81
(ii) .9 for pupils in grades 1 through 6;
82
(iii) .99 for pupils in grades 7 through 8; and
83
(iv) 1.2 for pupils in grades 9 through 12.
84
(4) (a) (i) A school district shall allocate a portion of school district revenues for
each
85
resident student of the school district who is enrolled in a charter school on October
1 equal to
86
[25%] 20.6% of [the lesser of: (A)] district per pupil local revenues[; or].
87
[(B) charter school students' average local revenues.]
88
(ii) Nothing in this Subsection (4)(a) affects the school bond guarantee program
89
established under Chapter 28, Utah School Bond Guaranty Act.
90
(b) The State Board of Education shall:
91
(i) deduct an amount equal to the allocation provided under Subsection (4)(a)
from
92
state funds the school district is authorized to receive under Chapter 17a, Minimum
School
93
Program Act; and
94
[(ii) remit the money to the student's charter school.]
95
(ii) use the money deducted under Subsection (4)(b)(i), together with money
96
appropriated under Subsection (4)(d), to provide funds to charter schools in the
amount of
97
charter school students' average local revenues for each student enrolled in a
charter school on
98
October 1.
99
(c) Notwithstanding the method used to transfer school district revenues to
charter
100
schools as provided in Subsection (4)(b), a school district may deduct the allocations
to charter
101
schools under this section from:
102
(i) unrestricted revenues available to the school district; or
103
(ii) the revenue sources listed in Subsection (1)(b) based on the portion of the
104
allocations to charter schools attributed to each of the revenue sources listed in
Subsection
105
(1)(b).
106
(d) (i) Subject to future budget constraints, the Legislature shall provide an
107
appropriation for charter schools for each student enrolled on October 1 to
supplement the
108
allocation of school district revenues under Subsection (4)(a).
109
(ii) Except as provided in Subsection (4)(d)(iii), the amount of money provided
by the
110
state for a charter school student shall be the sum of:
111
(A) charter school students' average local revenues minus the allocation of
school
112
district revenues under Subsection (4)(a); and
113
(B) statewide average debt service revenues.
114
(iii) If the total of a school district's allocation for a charter school student
under
115
Subsection (4)(a) and the amount provided by the state under Subsection (4)(d)(ii) is
116
$1427, the state shall provide an additional supplement so that a charter school
receives at least
117
$1427 per student under this Subsection (4).
118
(iv) (A) If the appropriation provided under this Subsection (4)(d) is less than
the
119
amount prescribed by Subsection (4)(d)(ii) or (4)(d)(iii), the appropriation shall be
allocated
120
among charter schools in proportion to each charter school's enrollment as a
percentage of the
121
total enrollment in charter schools.
122
(B) If the State Board of Education makes adjustments to Minimum School
Program
123
allocations as provided under Section
53A-17a-105
, the allocation provided in
Subsection
124
(4)(d)(iv)(A) shall be determined after adjustments are made under Section
53A-17a-105
.
125
(e) Of the money provided to a charter school under this Subsection (4), 10%
shall be
126
expended for funding school facilities only.
127
(5) Charter schools are eligible to receive federal funds if they meet all
applicable
128
federal requirements and comply with relevant federal regulations.
129
(6) The State Board of Education shall distribute funds for charter school
students
130
directly to the charter school.
131
(7) (a) Notwithstanding Subsection (3), a charter school is not eligible to receive
state
132
transportation funding.
133
(b) The board shall also adopt rules relating to the transportation of students to
and
134
from charter schools, taking into account Sections
53A-2-210
and
53A-17a-127
.
135
(c) The governing body of the charter school may provide transportation
through an
136
agreement or contract with the local school board, a private provider, or with
parents.
137
(8) (a) (i) The state superintendent of public instruction may allocate grants for
both
138
start-up and ongoing costs to eligible charter school applicants from money
appropriated for
139
the implementation of this part.
140
(ii) Applications for the grants shall be filed on a form determined by the state
141
superintendent and in conjunction with the application for a charter.
142
(iii) The amount of a grant may vary based upon the size, scope, and special
143
circumstances of the charter school.
144
(iv) The governing board of the charter school shall use the grant to meet the
expenses
145
of the school as established in the school's charter.
146
(b) The State Board of Education shall coordinate the distribution of federal
money
147
appropriated to help fund costs for establishing and maintaining charter schools
within the
148
state.
149
(9) (a) A charter school may receive, hold, manage and use any devise, bequest,
grant,
150
endowment, gift, or donation of any property made to the school for any of the
purposes of this
151
part.
152
(b) It is unlawful for any person affiliated with a charter school to demand or
request
153
any gift, donation, or contribution from a parent, teacher, employee, or other person
affiliated
154
with the charter school as a condition for employment or enrollment at the school or
continued
155
attendance at the school.
3. Page
7, Lines 199 through 200
:
199
This bill takes effect on
July 1, 2012, except the amendments in this bill to
200
59-2-1317
take effect on
}
January 1, 2013.
Francis D. Gibson
Committee Chair
Voting: 12-0-3
3 HB0392.HC1.wpd 2/28/12 9:35 am csteffen/CCS AOS/CCS
Bill Number
*HB0392*
HB0392