Agency: MSP - Basic School Program

Line Item: Restricted Basic School Program

Function

As the second group of programs within the Basic School Program, the restricted program provides funding to school districts and charter schools on a WPU basis, but the use of funding is restricted to a certain segment of the population, education program type, or grade level. The majority of Program funding to school districts and charter schools supports special education services to students in pre-school through the 12th grade. In addition, restricted program funding supports programs in Career and Technology Education as well as Class Size Reduction.

Funding Detail

Program: Special Education - Add-on WPUs

Function

The Special Education Add-On WPU program is the largest of five programs serving special education students enrolled in Utah's public schools. The Add-On WPU program serves more than 50,000 students. These students range in age from 5 through 21 (the maximum age that students may remain in the public education system). Special education students must receive a free, appropriate education consistent with state and federal mandates.

An Individual Education Plan (IEP) governs the educational services provided to each special education student. An IEP committee comprised of parents, teachers, support personnel and administrators determines the educational needs of each student and the required services to meet identified needs. These services can range from a 15 minute per-week session to one-on-one instruction for six hours each day. A student's IEP may require other related services, such as physical therapy and occupational therapy, in order for the student to benefit from special education serviced.

Cost estimates indicate that it is more expensive to educate a special education student (depending on severity of need) as to educate a traditional student. Special services such as prescriptive speech therapy, physical therapy, occupational therapy, psychological and behavioral management, and adaptive physical education may significantly increase the costs associated with providing educational services.

Formula - The allocation of special education dollars to school districts and charter schools is accomplished on a WPU basis. Formula determines revenue allocation by using the prior year base WPU count for each district and charter schools and increases by growth WPUs only. The formula determines special education Add-On WPUs based on the 'average of Special Education ADM over the previous 5 years (which establishes the ‘foundation' below which the current year WPU can never fall) or prior year Special Education ADM plus weighted growth in Special Education ADM' (USOE Finance & Statistics, MSP Descriptions, November 2006).

Growth WPUs are determined each year 'by multiplying Special Education ADM from two years prior by the percentage difference between Special Education ADM two years prior and Special Education ADM for the year prior to that' (USOE Finance & Statistics, MSP Descriptions, November 2006). The increase is multiplied by 1.53 weighted pupil units for each new student and added to the foundation allocation to determine each district's or charter school's total WPU allocation. 'This weight is intended to account for the additional cost of educating a special education student' (USOE Finance & Statistics, MSP Descriptions, November 2006) but may not account for all of the costs associated with educating a special education student.

Formula Restrictions - The Add-On WPU formula contains two restrictions on increasing the number of WPUs allocated to a school district or charter school. First, 'the Special Education ADM values used in calculating the difference cannot exceed the ‘prevalence' limit of 12.8% of total district ADM' (USOE Finance & Statistics, MSP Descriptions, November 2006). Second, 'if this measure of growth in Special Education exceeds current year growth in Fall Enrollment, growth in Special Education is set equal to growth in Fall Enrollment' (USOE Finance & Statistics, MSP Descriptions, November 2006).

Statutory Authority

Both State and federal law provide statutory mandates for special education. The State Board of Education is required to provide proper education and training for all students with disabilities in this State. The Individuals with Disabilities Education Act (IDEA), Part B, requires that a free and appropriate public education be provided all eligible students with disabilities and provides federal financial assistance to carry out the mandate. Utah's Special Education Legislation, passed in 1953 and amended in 1959, predated the federal law (IDEA) which was signed in 1975.

The special education Add-On WPU program is governed by the following statutes.

• UCA 53A-17a-111 - provides the statutory provisions governing the special education Add-On formula used in determining the number of WPUs for district and charter school allocation.

• UCA 53A-15-301 et. seq. - details student qualification for special education services, establishes guidelines for the State Board of Education in providing special education services, requires the State Board of Education to appoint a special education director, as well as other governing definitions and requirements associated with providing special education services.

Administrative Rule R277-750 was passed by the State Board of Education. The rule provides administrative procedures associated with the governance of the Add-On special education program.

Funding Detail

In FY 2008, the Legislature allocated 56,895 WPUs to support the Special Education Add-on for a total of $143 million. In FY 2009, the total WPU allocation increased to 60,454 for a total of nearly $155.8 million in funding.

Program: Special Education - Pre-school

Function

The Special Education - Preschool Program provides educational services to children with disabilities who are three to five years of age. Since 1992, Federal law (Public Law 99-457) requires that children with disabilities three to five years receive an appropriate free public education.

Formula - Program WPUs equal 'special education preschool enrollment (aged 3 through 5 excluding 5-year-old special education students enrolled in Kindergarten) as of December 1' (USOE Finance & Statistics, MSP Descriptions, November 2006). The program formula provides a weighting factor of 1.47 of the value of the WPU for each student enrolled in the preschool program. Growth is defined as the actual increase in the number of children, age three through preschool aged five, reported on December 1st child counts.

Formula Restrictions - The formula excludes children served by the Utah Schools for the Deaf and the Blind. Student growth in the preschool program cannot exceed 8 percent annually. This 8 percent growth cap is used in the formula for budget requests and fund distribution. If this growth is not realized, the budget request is reduced to equal the actual growth realized.

The formula is: "A factor of 1.47 times the current December 1st child count of eligible preschool aged 3,4 and 5 year olds times the WPU value"; (with a limit of 8 percent growth over the prior year December 1st count)

Statutory Authority

The Special Education Preschool Program is governed by the following statutes.

• UCA 53A-17a-112 - establishes requirement for the allocation of program funds, determining WPUs and provides for the formula restrictions mentioned above.

Funding Detail

In FY 2008, the Legislature allocated 8,321 WPUs to support Pre-School Special Education programs, for a total of $20.9 million. In FY 2009, the total WPU allocation increased to 8,569 for a total of over $22 million in funding.

Program: Special Education - Self-contained WPUs

Function

The special education Self-Contained WPU Program compensates 'for the higher cost of `providing more extensive educational services to students who are in a self contained setting,' (USOE Finance & Statistics, MSP Descriptions, November 2006) rather than a partially matriculated special education setting. ‘Self Contained' means that a student is enrolled in a special education class for 180 minutes or more each school day. Self-contained students do not generate a regular WPU.

Formula - The Self-Contained WPUs are the standard full WPU for every student (ADM) that qualifies as a Self-Contained Special Education student. The Add-on (detailed above) provides additional resources to fund programs for Self-Contained students and for other students that do not qualify as a Self-Contained special education student. Costs are formula driven as they represent charges for actual services provided. WPUs allocated for the program 'equal Self-Contained ADM from two years prior' (USOE Finance & Statistics, MSP Descriptions, November 2006).

Statutory Authority

Please refer to the statutory provisions and State Board of Education rules identified in the Add-On WPU section above.

Funding Detail

In FY 2008, the Legislature allocated 13,360 WPUs to support Self-Contained Special Education Students, for a total of nearly $33.6 million. In FY 2009, the total WPU allocation increased to 13,416 for a total of nearly $34.6 million in funding.

Program: Special Education - Extended Year Program

Function

The Extended School Year Program provides 'a longer school year for those students with disabilities whose regression over school breaks is so severe that an inordinate amount of time is necessary to recoup previous learning' (USOE Finance & Statistics, MSP Descriptions, November 2006). The program is restricted to severely disabled students, because of the severity of their disability will not maintain skills gained in the regular school year unless they receive education during the summer months. Without this program many of these students would spend much of the next year regaining the skills they had learned during the previous school year.

Formula - Program is funded on a WPU basis. WPUs are 'derived from aggregate hours of extended year educational service' (USOE Finance & Statistics, MSP Descriptions, November 2006).

Statutory Authority

The Extended Year Program is governed by the following statute.

• UCA 53A-17a-112 - provides statutory limitations for the use of monies appropriated to support the Extended Year Program and students qualified to receive Extended Year services.

Administrative Rule R277-751 was passed by the State Board of Education. The rule provides administrative procedures associated with the governance of the Extended Year Program for the Severely Disabled Program.

Funding Detail

In FY 2008, the Legislature allocated 367 WPUs to support the Extended-Year Special Education program, for a total of $922,638. In FY 2009, the total WPU allocation increased to 376 for a total of over $968,952.

Program: Special Education - State Programs

Function

State Programs provide funding for special education programs in state institutions as well as for district impact aid. Impact aid is provided to districts and charter schools 'to support districts in serving special education students whose extensive needs cost the district more than $15,000 per student' (USOE Finance & Statistics, MSP Descriptions, November 2006).

Statutory Authority

Please refer to the statutory provisions and State Board of Education rules identified in the previous Special Education sections.

Funding Detail

In FY 2008, the Legislature allocated 1,627 WPUs to support Special Education State Programs, for a total of $4 million. In FY 2009, the total WPU allocation increased to 1,666 for a total of nearly $4.3 million in funding.