Agency: MSP - Related to Basic Programs

Line Item: Related to Basic Programs

Function

Related to Basic Programs compliment the general educational services provided through the Basic School Program by allocating revenue to school districts and charter schools for employee social security and retirement costs. Also, the Related to Basic Programs provides school districts with funding to support to and from pupil transportation costs (statute excludes charter schools from receiving state pupil transportation funding). Historically, the appropriations for Social Security & Retirement and To-and-From School Pupil Transportation have increased each year with adjustments for student enrollment growth and the percent change in the value of the WPU.

Funding Detail

Program: Social Security and Retirement

Function

The Social Security and Retirement Program compensates school districts and charter schools for some of the Social Security and Retirement costs associated with the Basic School Program (WPU driven programs). The amount of revenue required to support Social Security and Retirement costs in the Basic School Program is determined by formula based on the number of WPUs adopted by the Legislature.

Formula - Revenue appropriated to school districts and charter schools for Social Security and Retirement is distributed proportionately based on current year Weighted Pupil Units. Statutory provisions provide for changes in the amount of revenue appropriated to support the Social Security and Retirement Program based on student growth, the percent increase to the value of the WPU, and any changes to the retirement rate established by the Utah Retirement System.

Statutory Authority

The following statute governs State support for the Social Security and Retirement program.

• UCA 53A-17a-125 - provides statutory detail for the distribution formula detailed above. Further, the statute provides for employee and employer contribution rates based on a contributory or non-contributory program.

Funding Detail

The Social Security and Retirement program became the primary vehicle for delivering budget reductions in FY 2009 and FY 2010. Because funding is distributed on a WPU basis, reductions to school districts and charter schools is equitable based on their total number of WPUs. The elimination of state funding for this did not remove the obligation of school districts and charter schools to pay retirement and social security costs of their employees, but reallocate other funds internally to pay for these obligations.

Program: To and From School - Pupil Transportation

Function

To and From School - Pupil Transportation provides revenue to assist the State's 40 school districts in transporting students to and from school each day. 'These funds are to be used to transport students to and from school who are eligible for bussing based on the distance they live from school, and to pay for equipment and administrative expenses' (USOE School Finance Reference Manual, 2000-2001). In addition to providing direct student transportation services, program funding is used by school districts to pay for 'in lieu of' transportation expenses as an alternative to busing some students. Program funding also supports the establishment of guidelines for personnel training, as well as guidelines for bus routing and mapping.

Program funding also supports the pupil transportation program at the Utah Schools for the Deaf and Blind. Each year, the Legislature establishes in statute the amount of pupil transportation funding for the schools.

Formula - State revenue is distributed to the school districts based on the Transportation Finance Formula. This formula includes the statutory required items, namely, 'an allowance per mile for approved bus routes; an allowance per hour for approved bus routes; and an annual allowance for equipment and overhead costs based on approved bus routes and the age of the equipment' (UCA 53A-17a-127). School districts only receive state revenue for transporting eligible students as defined by statute. Based on available state revenues, statute requires that the state contribute 85 percent of the funding toward paying for approved pupil transportation costs in the school districts. School districts must use other available revenues (either unrestricted state revenues or local property tax revenue) to pay the difference between the state allocation and actual program cost.

The Utah State Office of Education (USOE) developed the Transportation Finance Formula to govern the distribution of State To-and-From School transportation funds. The formula is divided into two schedules and the total state revenue received by a school district is the sum of these two schedules. Schedule A represents the portion of state revenue received by a school district that is ‘formula driven.' School districts receive these funds by transporting eligible students to and from school. Schedule A contains four components. These components, when summed, determine the level of funding a school district receives for this portion of the program. Each of the Schedule A components are detailed below: (USOE School Finance and Statistics, Transportation Finance Formula, July 2006)

1. Time Allowance - school districts are paid a rate that 'reflects the state average cost per minute for driver salaries, retirement, social security and health and accident insurance.'

2. Mileage Allowance - school districts are paid a rate that 'reflects the state average cost per mile for bus fuel, lubrication, tires/tubes, and repair parts.'

3. Administration Allowance - school districts are provided funds for the 'salaries and benefits of district transportation administrators. The calculation for administrative allowance consists of three parts: an allowance for pupils transported, and allowance for route minutes, and an allowance for route miles.'

Each of the components listed above has a reimbursement rate that governs the distribution of Schedule A revenue. Prior to FY 2010, the Transportation Finance Formula included a component that reimbursed school districts for the cost of depreciation of school buses. The Legislature removed this provision from the formula in H.B. 2 "Minimum School Program Budget Amendments" (2009 General Session). As a result of this change, funding for To & From Pupil Transportation was reduced by $8.8 million.

Schedule B is much less complex than Schedule A. Essentially, school districts receive Schedule B revenue through application. School districts may 'request state reimbursement for miscellaneous, non-formula related expenses incurred in transporting eligible students' (USOE School Finance and Statistics, Transportation Finance Formula, July 2006). Approximately 2.5 percent of the total revenue allocated to the To and From Program is distributed through Schedule B.

Statutory Authority

The statutory authority for Pupil Transportation rests primarily in three statutes. These statutes provide for the funding and governance structure for pupil transportation in the State.

• UCA 53A-17a-126 - Provisions detail how appropriated funds are distributed among qualifying school districts and the Utah Schools for the Deaf and Blind. The statute requires that allocations be reduced proportionately if insufficient funds are appropriated by the Legislature to cover the total cost of pupil transportation in the state.

• UCA 53A-17a-127 - Details the eligibility requirements to receive state-supported pupil transportation funds and establishes a state Transportation Advisory Committee. Eligible students must reside 1 ½ miles from school (grades K-6) or 2 miles from school (grades 7-12) to qualify for state transportation funding.

Administrative Rule R277-600 was passed by the State Board of Education. The rule provides administrative procedures associated with the governance of Pupil Transportation.

Funding Detail

Transportation funding for the Utah Schools for the Deaf and the Blind (USDB) is also appropriated through the To and From School program. Of the total appropriation listed below, approximately $2.5 million is allocated to USDB. The remaining appropriation is allocated to school districts based on the Transportation Finance Formula.

Program: Guarantee Transportation Levy

Function

The Guarantee Transportation Levy assists a minority of small school districts in providing pupil transportation services not covered through the Transportation Finance Formula. The program also assists these districts with the added transportation costs associated with remote locations and small student populations.

A district can levy a tax to purchase new buses, provide special busing for hazardous walking areas, and fund transportation costs associated with field and activity trips. A local school board qualifies if it levies at least the minimum special transportation tax rate of 0.0002 (FY 2003), and the levy imposed by the district is not enough to generate at least 85% of the state average cost per mile for the purposes listed above.

Statutory Authority

Please refer to the statutory provisions and State Board of Education rules identified in the Pupil Transportation - To and From School Program.

Funding Detail

State revenue supporting the Guarantee Transportation Levy has remained stable for the last decade at $500,000 annually.

Program: Flexible Allocation - WPU Distribution

Function

In FY 2011, the Legislature appropriated a flexible source of funding for school districts and charter schools to assist in managing budget reductions and the tight economy. The $217 million appropriated through this program is distributed to school districts and charter schools based on their overall share of Weighted Pupil Units. As the state emerges from its budget down-turn, these funds may be designated for a specific purpose as determined by the Legislature.

Intent Language

In Senate Bill 2 (2010 General Session) the Legislature passed intent language specifying the distribution of funds under the Flexible Allocation program and directed the State Board of Education to report on the expenses from the program by school districts and charter schools. The full intent language can by found in Senate Bill 2

Funding Detail

Program: Local Discretionary Block Grant

Function

The Local Discretionary Block Grant Program provides revenue to allow the local school district and charter schools to meet locally determined needs. The block grant resulted from several consolidated MSP categorical programs. Four previous categorical programs include the Un-restricted Local Program, Education Technology Initiative, Character Education, and School Nurses. Upon consolidation into the Local Discretionary Block Grant, individual program identities and allocation formulas associated with the categorical programs were removed.

Formula - Consolidation removed former distribution methods and a new distribution formula is based on Regular Basic Program WPUs. The Local Discretionary Block Grant distribution formula requires that 8 percent of the total appropriation be distributed equally among all school districts (with charter schools treated as a single school district) and 92 percent on a proportional Regular Basic Program WPU basis.

Statutory Authority

The following statute governs the Local Discretionary Block Grant Program.

• UCA 53A-17a-123 - requires the State Board of Education to develop a distribution formula that allocates revenues in a fair and equitable manner. The statute also details expenditure limitations placed on school districts and charter schools.

Administrative Rule R277-478 was passed by the State Board of Education. The rule provides administrative procedures associated with the governance of the Local Discretionary Block Grant Program.

Funding Detail

During the 2009 General Session, the Legislature eliminated funding for the Local Discretionary Block Grant to help balance the state's budget. Prior to elimination, appropriations to the block grant totaled $21,820,748.

Program: Intervention for Student Success Block Grant

Function

The Interventions for Student Success block grant is used to 'improve the academic performance of students who do not meet performance standards as determined by U-PASS [Utah Performance Assessment System for Students] test results; interventions must be consistent with a district plan approved by the local school board, and the plan must specify intended results' (USOE Finance & Statistics, MSP Descriptions, November 2006).

The block grant contains six MSP categorical programs that were designed to help the academic progress of students at the greatest risk of falling behind. Consolidated programs include; Truancy Intervention and Prevention, Incentives for Excellence, Alternative Middle Schools, Reading Initiative, Experimental/Developmental Formula, Local Discretionary Program, and Alternative Language Services. Upon consolidation into the Interventions for Student Success Block Grant, individual program identities and allocation formulas associated with the categorical programs were removed.

Formula - The Interventions for Student Success Block Grant is distributed to school districts and charter schools based on a formula that accounts for district size (student population) and the proportion of English language learners in a school district or charter school. Of the two formula components, 77 percent is distributed based on the total number of WPUs in a district or charter school. Eight percent (of the 77 percent) is distributed equally among school districts (charter schools count as one district). The second component, 23 percent, is distributed based on the proportional number of English language learners.

Statutory Authority

The following statute governs the Interventions for Student Success Block Grant.

• UCA 53A-17a-123.5 - directs the State Board of Education to establish a fair and equitable distribution formula, requires school districts to develop a plan for the expenditure of block grant funds, and provides restrictions on the use of block grant funds.

Administrative Rule R277-478 was passed by the State Board of Education. The rule provides administrative procedures associated with the governance of the Interventions for Student Success Block Grant program.

Funding Detail

Program: Quality Teaching Block Grant

Function

The Quality Teaching Block Grant is used to 'implement long term professional development plans in both schools and districts; the plans must be approved by the local school board, and each individual school plan must be consistent with the district plan' (USOE Finance & Statistics, MSP Descriptions, November 2006). The program was established during the 2003 General Session to provide school districts with maximum flexibility in the use of their funding as appropriated by the State Legislature.

The Legislature created the block grant by combining the Career Ladder Program with a $10 million increase to provide for two additional professional development work-days. The Career Ladder Program was a categorical program within the MSP. Subsequent action by the Legislature removed $5 million from the block grant (or one extra professional development day).

In FY 2008, the Legislature provided an additional $6.6 million in addition to funding approriated for inflation and student growth. The additional $6.6 million was appropriated to provide for additional professional development time for educators.

Formula - School districts and charter schools receive Quality Teaching Block Grant funds on a formula basis proportional to their prior year Regular Basic WPU allocation and prior year licensed FTE level. Charter schools are treated as one school district. The distribution formula distributes 70 percent of program funds based on prior year WPUs and 30 percent based on prior year licensed FTE levels.

Formula Restrictions - Program funds cannot be used to hire additional staff, to maintain current staffing levels, or to cover administrative costs.

Statutory Authority

The following statute governs the state contribution to the Quality Teaching Block Grant Program.

• UCA 53A-17a-124 - requires the State Board of Education to develop a distribution formula that allocates revenue in a fair and equitable manner. Further the statute requires local school boards to use block grant funds to implement school and district comprehensive, long-term professional development plans.

Administrative Rule R277-478 was passed by the State Board of Education. The rule provides administrative procedures associated with the governance of the Quality Teaching Block Grant Program.

Funding Detail

During the 2009 General Session, the Legislature eliminated funding for the Quality Teaching Block Grant to help balance the state's budget. Prior to elimination, appropriations to the block grant totaled $77,615,641.

Program: Highly Impacted Schools

Function

House Bill 172 (1995 General Session) created the Highly Impacted Schools Program. The program provides additional resources for individual assistance to students at schools determined to be highly impacted. Program revenue supports 'additional educational services in schools whose student demographic composition indicates a high concentration of students most likely to be at risk for academic failure' (USOE Finance & Statistics, MSP Descriptions, November 2006).

The program provides funding to approximately 50 schools with the highest rates of English language deficiency, student mobility, single parent families, free-lunch eligibility and ethnic-minority students. These schools serve communities where virtually all students are eligible for free lunch, where less than half remain in a single school for the entire year, and where over half speak a language other than English. The children who attend these schools experience living conditions that limit their potential for school success.

Formula - Eligibility is determined every third year by a school's relative position within a ranked list of all schools that apply for funding.' Each school receives a base allocation of $30,000. Remaining revenue is distributed proportionately.

Formula Restrictions - Schools that receive Highly Impacted Schools funding must provide evidence that students attending the school have made academic gains.

Statutory Authority

The following statute governs the Highly Impacted Schools program.

• UCA 53A-15-701 - provides criteria for the State Office of Education, in consultation with the Governor's Office, for determining Highly Impacted Schools. The statute also provides the formula criteria detailed above and requires the State Board of Education to monitor and report on the success of the program.

Administrative Rule R277-464-3 was passed by the State Board of Education. The rule provides administrative procedures governing the program.

Funding Detail

Program: Youth At-Risk

Function

At Risk Programs contains five subprograms that serve the specialized needs of students who might be academically "at risk" and help these students overcome the factors which put them at-risk. The five At Risk Programs include:

• Gang Prevention - funding is targeted to programs that discourage students from joining gangs.
  • Formula - schools receive funds on a Request for Proposal basis.

  • Formula Restrictions - recipient schools must match requested funds based on the grade levels served by the school. Elementary schools must provide a 12 percent match, middle/intermediate/junior high schools must provide an 18 percent match, and high schools must provide a 25 percent match.

    'At least half of the match must be in-kind services at the school, but in-kind services may not include expenditures for office space or clerical support' (USOE Finance & Statistics, MSP Descriptions, November 2006).

• Homeless and Disadvantaged Minority - provides 'additional educational services for homeless and economically disadvantaged ethnic minority students' (USOE Finance & Statistics, MSP Descriptions, November 2006).
  • Formula - program funding is divided equally among two criteria. First, school districts receive program funding on a proportional basis as determined by the number of homeless students residing in homeless shelters (based on prior year count). The second half is distributed to school districts based on the proportional 'prior year number of ethnic minority students who are eligible for free or reduced price school meals' (USOE Finance & Statistics, MSP Descriptions, November 2006).

• MESA (Mathematics, Engineering and Science Achievement) - funding encourages high school age 'ethnic minority and female students to pursue postsecondary training and employment in mathematics, engineering, or science by enabling them to participate in an enriched math and science curriculum' (USOE Finance & Statistics, MSP Descriptions, November 2006).
  • Formula - school districts receive funds on a Request for Proposal basis. The RFP process is administered by the MESA Public Education Committee.

• At Risk Regular Programs - funding promotes reducing the achievement gap among demographic subgroups within the public education system.
  • Formula - school districts receive proportional funding based on 'the share of current year Grades 1-12 [Program] WPUs plus [Necessarily Existent] Small School WPUs and the share of students eligible for free or reduced price school meals' (USOE Finance & Statistics, MSP Descriptions, November 2006). Each district is guaranteed a minimum of $18,600.

• Youth in Custody - provides educational services to students who are in the custody of the Utah State Department of Human Services, a juvenile detention facility, or an equivalent agency of a tribe recognized by the Bureau of Indian Affairs.
  • Formula - school districts receive program funding through an application process. Districts act as contractors providing services that range from 'instruction in the core curriculum in secure facilities to the mentoring of students in foster care' (USOE Finance & Statistics, MSP Descriptions, November 2006).

  • Formula Restrictions - school districts must have Youth in Custody students within their jurisdiction to qualify for program funding.

Statutory Authority

The following statute governs the At Risk Programs.

• UCA 53A-17a-121 - outlines each of the At Risk Programs mentioned above and the statutory criteria for distributing program funds to school districts and charter schools.

Administrative Rule R277-760-3 was passed by the State Board of Education. The rule provides administrative procedures associated with the governance of the At Risk Programs.

Funding Detail

Program: Adult Education

Function

Adult education programs support the 'formal training of adults in literacy, academic, and workplace skills' (USOE Finance & Statistics, MSP Descriptions, November 2006). The program assists adults who can function in everyday life but do not have a secondary school diploma, the General Educational Development Test (GED) or its recognized equivalent. District programs provide instruction in subjects that lead to a high school diploma or GED for adults.

Eligibility for Adult Education includes:

• Individuals who are at least 18 years of age, or at least 16 years of age and released from compulsory attendance by the local School Board or are an adjudicated adult.

• Individuals who lack sufficient mastery of basic educational skills or English language communication skills to enable them to function effectively in society.

• Lacking sufficient mastery means if a student had obtained a high school diploma but tests at an educational functioning level less than an adult high school standard.

• Learners qualify if they lack sufficient English language skills to get or maintain employment.

• An individual that lacks a secondary school diploma or its recognized equivalent.

School districts may offer any of five Adult Education programs. These programs are highlighted below (USOE, Eligibility Criteria, Adult Education, December 2006).

• Adult Basic Education - 'provides instruction for adults whose inability to compute or speak, read, or write the English language at or below the eighth grade level substantially impairs their ability to find or retain employment commensurate with their real ability.'

• Adult High School Completion - is a program for adults 'who have some literacy skills and can function in everyday life but are not proficient or do not have a secondary school diploma, GED or its recognized equivalent.'

• English Language Civics - the primary function of this program is to 'teach English-As-A-Second Language to adult learners. These programs include school district's adult education programs, community-based programs, faith-based programs, and beginning in the school year 2004 for profit programs.'

• English for Speakers of other Languages - is a 'program for those limited English proficient students who have a focus on improving English communication skills such as speaking, reading, writing, and listening.'

• General Educational Development - provide training geared for the GED test. The GED 'measures the major and lasting outcomes and concepts associated with a traditional four-year high school education.'

Formula - School districts receive Adult Education allocations based on a formula which includes an equal funding base of 7 percent (or $13,000) of the total allocation. The remaining appropriation is divided among the school districts based on formula. This formula includes 50% 'proportional to outcomes (high school diplomas awarded, GED certificates awarded, level gains made, high school credits earned); 25% proportional to enrollment; 16% proportional to contact hours; and 2% retained for discretionary allocation on merits of application' (USOE Finance & Statistics, MSP Descriptions, November 2006) made by school districts.

Formula Restrictions - A school district must have its Adult Education plan approved by the State Board of Education in order to receive program allocations.

Statutory Authority

The following statute governs Adult Education programs offered by school districts.

• UCA 53A-17a-119 - provides rule making authority to the State Board of Education and outlines the allocation formula for distributing Adult Education appropriations to school districts.

Administrative Rule R277-733 was passed by the State Board of Education. The rule provides administrative procedures associated with the governance of the Adult Education Programs.

Funding Detail

Program: Accelerated Learning

Function

Accelerated Learning includes three programs: Advanced Placement, Gifted and Talented Programs, and International Baccalaureate.

• Advanced Placement - AP programs 'allow students to take college level course while in high school and thereby obtain college credit by passing end of year tests associated with the courses' (USOE Finance & Statistics, MSP Descriptions, November 2006).
  • Formula - school districts and charter schools receive program funding on a proportional basis to the number of AP exams passed during the previous school year.

• Gifted and Talented - Program provides revenue to school districts and charter schools 'to implement programs that are beneficial to students who function academically above their normal grade level' (USOE Finance & Statistics, MSP Descriptions, November 2006).
  • Formula - school districts and charter schools receive program funding on a proportional basis as determined by their current year WPUs for Kindergarten, Grades 1-12 and Necessarily Existent Small Schools.

• International Baccalaureate - School districts and individual charter schools must apply to the International Baccalaureate Organization to participate in the IB program. An IB program may consist of the organization's Diploma Program, Middle-Years Program, or Primary-Years program.
  • Formula - Only schools participating in the International IB program qualify to receive funds. Rules of the State Board of Education require that 50 percent of program funding be distributed based on the number of IB semester hours successfully completed by registered students in the prior school year. The remaining 50 percent of funding is distributed equally among schools based on the total number of students scoring grade of 4 or higher on IB exams - provides a fixed amount of funding per exam passed.

Statutory Authority

The following statutes govern the various Accelerated Learning Programs.

• UCA 53A-17a-120 - directs appropriations for Accelerated Learning Programs to local school boards.

Administrative Rules R277-711 and R277-713 were passed by the State Board of Education. The rule provides administrative procedures associated with the governance of the Accelerated Learning Programs.

Funding Detail

Program: Concurrent Enrollment

Function

The Concurrent Enrollment program was established to enable high school students to complete high school graduation requirements and earn college credit at the same time. Most often, students participate in the program during their senior year in high school. As college-level courses, concurrent classes provide students the ability to do advanced work during high school. College credits earned through the programs 'shall be accepted for transfer of credit purposes as if they had been obtained at any public institution of higher education within the state system' (UCA 53A-15-101).

Statute requires courses to be taught by college or university faculty. Public school educators may also teach concurrent courses if they are approved as an adjunct faculty member at one of the state's colleges or universities.

During the 2007 General Session, the Legislature passed House Bill 79 'Concurrent Enrollment Amendments' which separated concurrent enrollment from the other Accelerated Learning programs. Establishing the Concurrent Enrollment as its own categorical program assists Legislators in tracking appropriations over time and adjusting program funding levels independent of other accelerated learning programs.

In addition to creating a new categorical program, H.B. 79 requires that the annual appropriation for Concurrent Enrollment programs increase each year based on the increase in the value of the WPU. The bill also adjusted the distribution formula for allocating revenues to school districts and higher education institutions.

Formula - Appropriated revenue is shared between the public and higher education systems. Statute requires that 60 percent of appropriated revenues be allocated to local school districts and charter schools. The remaining 40 percent is allocated to the State Board of Regents for distribution to participating colleges and universities.

Statutory Authority

The following statutes govern the Concurrent Enrollment Program.

• UCA 53A-15-101 - details the cooperation between the State Board of Education and the State Board of Regents in providing higher education courses in the public schools.

• UCA 53A-17a-120.5 - details the distribution of revenue appropriated to support the Concurrent Enrollment program.

Funding Detail

Program: High-Ability Student Initiative

Function

Newly created in the 2008 General Session, the High-Ability Student Initiative provides 'for educators to enhance the academic growth of high-ability students' (UCA 53A-17a-160). The program supports four main program functions. First, an internet-based resource center to disseminate information about high-ability students to teachers, parents, administrators and the community. Second, the program provides teacher professional development to train teachers in identifying high-ability students, implement strategies to meet the educational needs of high-ability students, and enhance teacher collaboration and networking. Third, the program assists teachers in obtaining an endorsement for gifted and talented education. Finally, statute requires an evaluation of the program by a qualified evaluator.

Formula - Appropriated funding supports up to 250 grants (up to $2,500 each) to encourage teachers to obtain an endorsement for gifted and talented education. Teachers are required to provide matching funds for ½ of the grant amount. Program funding also provides for the independent program evaluation and up to 60 stipends ($1,500 each) for teachers that participate in the evaluation.

Participation in the High Ability Student Initiative is voluntary for teachers, school districts, and charter schools. If a school district or charter school chooses to participate, program funding cannot be used to supplant funds for existing high-ability student programs.

Statutory Authority

The following statutes govern the High-Ability Student Initiative.

• UCA 53A-17a-160 - Details the programmatic goals and guidelines for the State Board of Education to use in administration and distribution of funding. The statute requires that the State Board of Education make an annual report during the 2009, 2010, and 2011 interims to the Education Interim Committee.

Funding Detail

Program: English Languge Learner Family Literacy Centers

Function

English Language Learner - Family Literacy Centers is a new program implemented by the Legislature during the 2008 General Session. The program seeks to increase parent involvement of English language learners by facilitating communication between the parent and school in the preferred language of the parent (to the extent practicable).

The program seeks to 'increase the academic achievement, literacy skills, and language gains in all ethnic groups and their families; coordinate with school administrators, educators, families, and students; and support and coordinate with other language acquisition instructional services and language proficiency programs in the public schools' (UCA 53A-17a-161).

Formula - Participation in the Family Literacy Centers is optional for school districts and charter schools. Districts and charters opting to participate in the program must submit proposals to the State Board of Education consideration and approval. Statute requires the State Board of Education to distribute funding among participating schools in a fair and equitable manner.

Statutory Authority

The following statutes govern the High-Ability Student Initiative.

• UCA 53A-17a-161 - Details the programmatic goals and guidelines for the State Board of Education to use in administration and fund distribution.

Funding Detail

Program: Electronic High School

Function

The Electronic High School began operation in 1994. Students may enroll in the EHS to make up school credit, take courses not offered through their high schools, or take extra credit hours to graduate early. The EHS enrolls students from Utah as well as students from other states or countries. Utah students may enroll in the EHS without charge; students outside Utah pay a $50 fee for each course each quarter.

Courses offered through the EHS are correlated to the state core curriculum. The EHS offers competency based instruction and provides an open-entry open-exit curriculum. 'With a few exceptions, students are able to enroll any day of the year and work at their own pace until the course is completed. We expect students to complete a course within twelve months, but extensions can be granted' (USOE Electronic High School, Website, December 2006). Utah public school students wishing to enroll in the EHS must meet with their school counselor to ensure EHS courses they plan on taking meet graduation requirements.

Formula - School districts and charter schools do not receive EHS funding, rather all appropriated revenue supports the maintenance and operation of the EHS. Davis School District acts as the fiscal agent for the EHS.

Statutory Authority

The Electronic High School is governed by the following statute.

• UCA 53A-17a-131.15 - provides that funds appropriated to support the Electronic High School are distributed to the school according to rules established by the Board.

Administrative Rule R277-725-3 was passed by the State Board of Education. The rule provides administrative procedures associated with the governance of the Electronic High School.

Funding Detail

Beginning FY 2011, the $2 million in funding for the Electronic High School was moved to the Utah State Office of Education - Initiative Programs line item.

Program: School LAND Trust Program

Function

The School LAND (Learning And Nurturing Development) Trust Program, often referred to as School Trust Lands, was established by the Legislature in the 1999 General Legislative session. In exchange for not taxing federal land, the U.S. Congress 'gave lands to Utah schools at statehood. The lands are held in a legal trust for our schools. Schools own 3.3 million acres. The lands are managed by the School and Institutional Trust Lands Administration and must, by law, be used to generate money for our schools. The money is put in a permanent savings account, which is never spent, but invested' (USOE School LAND Trust Program, Website, December 2006) by the State Treasurer.

The interest and dividends earned of the permanent school fund are distributed to local schools to provide resources to improve student academic achievement as outlined in the school's academic improvement plan. Law requires each school to form a School Community Council which prepares the school improvement plan. Plans identify the academic needs of a school and provide a solution to these needs by using the annual School LAND Trust dividend allocated to the school. Local school boards approve each of the school generated academic improvement plans.

Formula - Ten percent of program revenue is distributed equally to districts and charter schools as a program base. The remaining 90 percent is distributed proportionally ad as determined by prior year fall enrollment.

Statutory Authority

The following statute governs the State contribution to the School LAND Trust program.

• 53A-16-101.5 - establishes the School LAND Trust program, details the funding source for program appropriations, and outlines the formula used to distribute funds to local schools. The statute also provides direction to local school districts in distributing allocated revenues among district schools. Finally, the statute requires the creation of School Community Councils in order to obtain trust land revenues and outlines the duties of the School Community Councils.

• 53A-17a-131.17 - provides for the State contribution to the School LAND Trust Program. Appropriations to the program, based on the amount of interest and dividend revenue collected, may be made 'up to a maximum of an amount equal to 2% of the funds provided for the Minimum School Program.'

Administrative Rule R277-477-3 was passed by the State Board of Education. The rule provides administrative procedures associated with the governance of the School LAND Trust program.

Funding Detail

Public schools receive all interest and dividends earned off of the permanent school fund in a given year. The appropriation made by the Legsislature each year is an estimate, actual funding may vary slightly depending on market conditions.

Program: Charter School Local Replacement

Function

The Charter School Local Replacement Funding program was established to provide revenue to charter schools to assist in capital facility needs. Unlike school districts, charter schools do not have bonding authority or the ability to tax their patrons to cover facility costs. The Legislature created a statutory formula that provides an equalized per pupil state appropriation to each charter school to replace some of the locally generated property tax revenue charter schools cannot access.

The local replacement formula passed during the 2008 General Session maintains some of the same concepts of the earlier versions, but alters slightly the payment of costs by reinstating a cost sharing mechanism between the state and local school districts.

Formula - Senate Bill 2 (2008 General Session) establishes a "District Average Per Pupil Revenue" rate. This rate is based on the total revenues generated by property taxes in the school districts divided by the total ADM of the school district (including district students attending a charter school). Property taxes included in the formula are the Voted Leeway, Board Leeway, 10 Percent of Basic, Tort Liability, Capital Outlay and Voted Capital levies. The bill originally included state funds supporting the Voted, Board, and Capital Outlay Guarantee programs. These revenue sources were excluded from the fund formula by an amendment made in the House during debate.

The Average Per Pupil Revenue rate for each school district ranges across the state. The formula maintains state funding to replace local district revenues for Debt Service. The state is required to provide the state-average per student Debt Service Revenues for each student enrolled in a charter school.

Statute now requires school districts to contribute 25 percent of their "District Average Per Pupil Revenue" to support the Charter School Local Replacement. One primary difference between this mechanism and the original cost-sharing mechanism created in 2002-03 is that school districts do not directly transfer funding to the charter schools. The USOE is required to deduct from the school district's Minimum School Program allocation funds equal to 25 percent of the "District Average Per Pupil Revenue" for each district-student enrolled in a charter school.

Statute establishes a minimum threshold of $1,427 per charter school student. If the formula produces less than this amount, the state will provide an additional supplement to bring the total to $1,427/student.

Statutory Authority

The following statutes govern charter schools and the Local Replacement Funding Program. Statutes pertaining to the regulation of charter schools may be found in UCA 53A-1a-501 through UCA 53A-1a-515. Some highlighted statutes are provided below.

• UCA 53A-1a-502.5 - provides authority to the State Charter School Board to authorize new charter schools.

• UCA 53A-1a-503 - establishes the purpose of charter schools through identifying seven statutory principles.

• UCA 53A-1a-503.5 - clarifies the status of charter schools within the public education system.

• UCA 53A-1a-513 - details general funding provisions for charter schools including the Local Replacement Formula Program, distribution of other Minimum School Program funds, and WPU weighting mechanism used to distribute funds to charter schools based on the grade-levels taught in the school. Statute also excludes charter schools from receiving allocations for pupil transportation.

Administrative Rule R277-470 was passed by the State Board of Education. This rule provides for administrative procedures, governance of funds, and the calculation of state funding for charter schools.

Funding Detail

Program: Charter School Administration

Function

Funding administrative functions, particularly the completion of various financial reports, within a charter school remains one of the largest obstacles for a newly formed charter school to overcome. Because each charter school is a local education agency (LEA) each school must generate many of the same reports as a school district. Funding provided through this program is targeted to assist charters in meeting these administrative needs.

Background

The Administrative Cost program within the Basic Program provided some assistance to charters prior to FY 2008. However, since the inception of charter school properly assimilating them into the established framework and formulas of the traditional public education system has been complex. The Administrative Cost program is one area where, although integrated with the traditional system, the system does not address the unique characteristics of operating a charter school.

Charter schools were treated as one school district under the Administrative Cost program. The formula assumes that as student population increases, a school district is better able to meet administrative functions without direct state support. However, each charter school manages administrative and finance procedures locally on an individual basis. As the entire charter school population increases, the total administrative costs among the schools also increases. This is primarily because more independent schools begin operation. As independent schools, it is more difficult for charter schools to build on economies of scale when compared to a school district.

In FY 2008, the Legislature appropriated revenue to support an administrative cost program targeted for charter schools. The creation of this program removed the eligibility of charter schools to participate in the Administrative Cost program within the Basic Program.

Formula - Appropriated revenue is distributed to charter schools on an equal, per student basis. Each charter school receives $100 per enrolled student.

Statutory Authority

The following statute governs the Charter School Administrative cost program:

• UCA 53A-17a-108 - provides charter schools with $100 per enrolled student to assist with administrative costs.

Funding Detail

Program: K-3 Reading Improvement

Function

The K-3 Reading Improvement Program was created during the 2004 General Session. The program set the statewide goal to have all Utah students reading at or above grade level by the time they complete the third grade. There are three funding programs within the K-3 Reading Improvement Program: Base Level, Guarantee Program, and Low Income Students Program. School districts and charter schools 'must submit a State Board approved plan for reading proficiency improvement prior to using the program funds' (USOE Finance & Statistics, MSP Descriptions, November 2006). The Utah State Office of Education has drafted a State framework for instruction and intervention to ensure all students progress at an appropriate and successful rate, mitigating the cycle of reading failure.

Formula - The formulas for each of the three funding programs include:

• Base Level - a base amount as determined by fall enrollment.

• Guarantee Program - '$21 per WPU minus the amount raised by a tax levy of 0.000056,' (USOE Finance & Statistics, MSP Descriptions, November 2006) or matching funds provided by the district or charter school.

• Low Income Program - '$21 per WPU minus the amount raised by a tax levy of 0.000065,' (USOE Finance & Statistics, MSP Descriptions, November 2006) or matching funds provided by the district or charter school.

Statutory Authority

The following statute provides the legal framework for the K-3 Reading Improvement Program.

• UCA 53A-17a-150 - defines the K-3 Reading Improvement Program and establishes the funding mechanisms for each of the three funding programs. The statute also requires each school district and charter school to develop plans to meet individually developed reading achievement goals.

Administrative Rule R277-422 was passed by the State Board of Education. The rule provides administrative procedures associated with the governance of the K-3 Reading Achievement Program.

Funding Detail

Program: Public Education Job Enhancement

Function

The Public Education Job Enhancement Program (PEJEP) was established to 'attract, train, and retain, teachers in Special Education (PreK-12) and secondary school educators (7-12) in math, physics, chemistry, physical science, information technology, and learning technology' (USOE Educator Quality Services, December 2006). PEJEP contains two award programs for teachers.

• Advancement Award (Scholarship) - are scholarships to 'encourage teachers to earn additional education leading to endorsements, degrees and advanced degrees for secondary teachers in math, physics, chemistry, physical science, information technology, learning technology, and special education PreK-12' (USOE Educator Quality Services, December 2006). Receiving a scholarship requires application by a principal or superintendent on behalf of a teacher.

• Opportunity Award (Signing Bonus) - a school principal, district superintendent (or their designee) may recommend a signing bonus for a new educator. Newly hired educators working in a public school that 'agree to a four (4) consecutive year contract to teach in the subject areas defined in 53A-1a-601(1)' (USOE Educator Quality Services, December 2006) qualify to receive a signing bonus. Signing bonus awards are divided into two parts. Educators receive the first half when they sign the contract and the second half is distributed upon the completion of the 4 year commitment. Regulations prohibit a teacher from receiving the signing bonus and scholarship program concurrently.

PEJEP Committee - A Public Education Job Enhancement Committee, including representatives from public education, higher education, private industry, and government, creates rules and administers the PEJEP.

Statutory Authority

The following statutes govern the Public Education Job Enhancement Program.

• UCA 53A-1a-601 - defines the purpose of the PEJEP program. The statute also determines qualifying teachers, teaching subjects and award program criteria. The statute provides re-payment criteria should a teacher fail to fulfill all statutory requirements.

• UCA 53A-1a-602 - provides for the creation of the Job Enhancement Committee to administer the PEJEP and details committee membership.

Funding Detail

During the 2010 General Session, the Legislature removed the ongoing funding supporting the Public Education Job Enhancement Program. One-time funding was appropriated for FY 2011.

An ongoing appropriation of $70,000 in the Utah State Office of Education provides for program administration and oversight.

Program: Educator Salary Adjustments

Function

During the 2007 General Session, the Legislature passed House Bill 382 'Amendments to Education Funding.' Implementation of the bill provides 'salary increases and bonuses for educators and bonuses for classified personnel employed by school districts, charter schools, and the Utah Schools for the Deaf and Blind' (House Bill 382, 2007 General Session). The ongoing Educator Salary Adjustment was implemented in recognition of the need to attract and retain qualified and dedicated teachers in the public education system. The bonuses were provided in FY 2008 only.

Educators qualifying for the ongoing salary adjustment include: classroom teachers; speech pathologists; librarians or media specialists; preschool teachers; school administrators; mentor teachers; teacher specialists or teacher leaders; guidance counselors; audiologists; psychologists; or social workers. The program envisioned that each qualifying educator would receive the same increase in ongoing salary adjustment. Through this process, the Legislature provided a greater percent increase to beginning school teachers, in an effort to bring up the average beginning teacher salary in the state.

Each qualifying teacher received an ongoing adjustment of $2,500 in FY 2008. The Legislature increased this amount by another $1,700 in FY 2009 for a total of $4,200 over the two-year period. In addition to the appropriated amounts, the Legislature allocated sufficient revenue to pay for the associated employer-paid benefit costs of retirement, worker's compensation, Social Security, and Medicare. Qualifying teachers are required to pay all personal pay-roll deductions as they do with their current base salary.

Formula - Funding is distributed to school districts and charter schools in proportion to the total number of qualifying full-time-equivalent (FTE) educators in the district or charter school when compared to the state total.

Statutory Authority

The following statute governs the Educator Salary Adjustments.

• UCA 53A-17a-153 - defines the purpose of the salary adjustments and details qualifying educators. The statute provides direction to the State Board of Education on the distribution of the salary adjustment to qualifying educators within the school district or charter school.

Funding Detail

During each General Session, the Legislature reviews the program's appropriation to ensure sufficient funds for the number of qualifying educators. Supplemental adjustments may be made each year depending on the number of new educators qualifying for the adjustment.

Program: USFR Teacher Salary Supplement Restricted Account

Function

The Teacher Salary Supplement Restricted Account in the Uniform School Fund was created in the 2008 General Session to pay the costs associated with the Teacher Salary Supplement Program. The State Division of Finance distributes funding from the account to teachers that qualify for the supplement.

Teacher Salary Supplement Program - provides qualifying secondary math and science teachers with a $4,100 salary supplement. Teachers receive the full supplement if they are assigned full-time to teach one or more of the courses listed in statute and have a qualifying degree also listed in statute. The Qualifying Educational Background requires teachers to have a bachelor's degree major, master's degree, or doctoral degree in the content areas listed in statute to qualify for a supplement. Teachers that have a part-time assignment to teach in one of the lists courses may receive a partial salary adjustment based on the number of hours worked in the course.

In addition to the $4,100 salary adjustment, the Legislature appropriated funding to cover the employer-paid benefit costs associated with retirement, worker's compensation, Social Security, and Medicare. Qualifying teachers that receive a supplement are required to pay all personal pay-roll deductions as they do with their current base salary.

The Utah Department of Human Resource Management (DHRM) administers the program. Teachers must apply to DHRM in order to be considered for the salary supplement and teachers may apply after each semester/trimester or at the end of the school year. State DHRM determines if a teacher is eligible by verifying degree and course assignments. Once DHRM certifies a list (by school district and charter school) of eligible teachers and the amount of their salary supplement, the list is given to the State Division of Finance for payment from the restricted account. The Division of Finance transfers funding to the school district or charter school.

Formula - School districts and charter schools receive funding based on total certified amount established by DHRM. This amount is based on the total number of qualified teachers that applied for the program and their supplement award amount. Statute requires that school districts and charter schools provide a salary supplement equal to the amount specified for each eligible teacher.

Statutory Authority

The following statute governs the Teacher Salary Supplement Program & Restricted Account.

• UCA 53A-17a-156 - outlines the Teacher Salary Supplement Program including definitions of 'Eligible Teacher' and 'Qualifying Educational Background'. The statute specifies the maximum amount of financial supplement to educators and provisions governing partial supplements. Finally, the statute provides direction to the State Department of Human Resource Management and the State Division of Finance to use in administering the program and distributing salary supplements to teachers via their school district or charter school.

• UCA 53A-17a-157 - creates the Teacher Salary Supplement Restricted Account in the Uniform School Fund and specifies the use of funds appropriated to the account. The restricted account is funded solely through appropriations made by the Legislature.

Funding Detail

Program: Library Books & Electronic Resources

Function

Program funding assists public schools in maintaining and updating collections in school library media centers. The State Board of Education passed administrative rule R277-467 that clarifies the use and distribution of program funding. The Board defines library books as 'trade books that support the school curriculum and books for recreational reading interests. This definition does not include textbooks or books uses solely for classroom instruction or classroom libraries.' Similarly, the Board defines electronic resources as 'databases, CDs, DVDs, software or other items in electronic format which may be included in the school library media collection and made available for use or access in the school library media center.'

The Legislature first appropriated funding for this program during the 2007 General Session, or FY 2008.

Formula - Public schools receive an allocation from the appropriation provided annually in the Minimum School Program. The distribution formula has two components. First, 25 percent of the funding is divided equally among all public schools (including district schools and charter schools). Second, 75 percent of the funding is divided among public schools proportional to each school's average daily membership as compared to the total state average daily membership. Public schools cannot use program funding to supplant other monies used to purchase library books or electronic resources.

Statutory Authority

The appropriation for Library Books & Electronic Resources is governed by the following statute:

• UCA 53A-17a-155 - details the distribution of funds to public schools.

Funding Detail

Budget reductions made in the 2009 General Session reduced total program funding by $1 million. Additional reductions in the 2010 General Session reduced the ongoing appropriation in FY 2011 to $25,000, with an additional $400,000 in one-time funding.

Program: Matching Funds for School Nurses

Function

The School Nurses Matching Fund was created in the 2007 General Session to assist school districts and charter schools in increasing the number of school nurses working in the public schools. Program participation is optional and public schools electing to participate must apply for a program grant.

Formula - Funds are awarded on an application basis. Participating school districts and charter schools must provide an equal amount of matching funds and not supplant other funding currently used for school nurses.

Statutory Authority

The following statute governs the Matching Funds for School Nurses program:

• UCA 53A-17a-154 - directs the State Board of Education to award grants to school districts and charter schools that provide matching funds.

Funding Detail

Program: Critical Languages & Dual Immersion

Function

The Critical Languages program began in FY 2008 as a pilot program to assist school districts and charter schools in providing instruction in the 'critical languages' as defined by the federal National Security Language Initiative. These languages include Chinese, Arabic, Russian, Farsi, Hindi, and Korean. The pilot program assists students in acquiring foreign language skills and reinforces the academic, societal, and economic development benefits associated with critical language acquisition.

Critical language courses may be taught over the Utah Education Network's EDNET system or through the Electronic High School. Program courses may use paraprofessionals, fluent in the language being taught, to provide reinforcement and tutoring to students. By using the State's distance education network, students across the state can participate in a critical language class offered state-wide. The program increases the potential pool of students in order to build sufficient demand to offer the course.

Formula - As a pilot program, the State Board of Education was tasked with establishing participation criteria for public schools. The program provides $6,000 per critical language taught per school, for a total of 20 schools. In addition, program funding provides schools with $100 per student that completes a course and $400 per foreign exchange student who completes a course.

Statutory Authority

The following statute governs the Critical Languages program.

• UCA 53A-15-104 & 105 - Section 104 enacts the Critical Languages Program and Section 105 enacts the Dual Immersion Program. Both statutes outline programmatic requirements, detail qualifying languages, and prescribes the distribution of funding.

Funding Detail

Ongoing funds support the Critical Languages program. Additional one-time funding has been appropriated in FY 2009 and FY 2010 to support the Critical Languages Program ($480,000) and the Dual Language Immersion Program ($270,000). The Dual Language Immersion Program provides incentive funds to 15 qualifying schools to teach the following languages: Chinese (6 programs), Spanish (6 programs), French (2 programs) and one program in Navajo. Beginning in FY 2011 all funding is ongoing.

Program: Extended Year for Special Educators

Function

The program provides additional contract days for special education teachers in order to meet the added duties and responsibilities associated with complying with state and federal regulations. Educators can use additional work days to perform duties associated with student the student IEP (individualized education program) process, administering student assessments, conferring with parents, maintaining records and preparing reports. This program was created by the Legislature during the 2008 General Session.

Program participation is voluntary for special educators and is restricted to educators working in the positions of special education teacher and speech-language pathologist. Teachers may receive a $200 stipend per additional day of work (up to a maximum of 10 days). In addition to the stipend, the Legislature appropriated funding to cover the employer-paid benefit costs of retirement, worker's compensation, Social Security, and Medicare. Participating teachers are required to pay all personal pay-roll deductions as they do with their current base salary.

Formula - The State Board of Education will annually review the program and determine, based on the annual appropriation, the total number of extended contract days that can be funded. School districts and charter schools will receive funding based on the total number of qualifying teachers multiplied by the total number of contract days. Teachers not working full-time in a special education position may receive a partial stipend.

Statutory Authority

The following statute governs the Extended-Year for Special Educators.

• UCA 53A-17a-158 - outlines the Extended-Year for Special Educators program including provisions governing the use of additional contract days, qualifying educators, and the dollar amount of daily stipends.

Funding Detail

Program: USTAR Centers (Year-Round Math & Science)

Function

Created during the 2008 General Session, the USTAR Centers program was created to provide a financial incentive for school districts and charter schools to adopt programs that result in more efficient use of personnel and capital facilities. Statute outlines several potential benefits to the program. These benefits include: increased compensation for math and science teachers by providing opportunities for an expanded contract year; increased capacity of school buildings by using buildings more hours of the day or for more days in a year; decrease class sizes by expanding the number of instructional opportunities in a year; provide opportunities for earlier high school graduation and college preparation; and additional opportunities for remedial or advanced courses.

Statute outlines a grant program where school districts and charter schools submit proposals on how to implement the program. The State Board of Education will award grants to public schools on a competitive basis. Program participation is voluntary for an individual teacher and voluntary for a charter school or school district.

Formula - Funding is awarded on a competitive grant basis to school districts and charter schools. Program provisions require that grant monies be used to provide full year teacher contracts, part-time teacher contract extensions, or a combination of both, for math and science teachers. Up to 5 percent of grant funding can be used to math and science field trips, textbooks, and supplies.

Statutory Authority

The following statute governs the USTAR Centers program.

• UCA 53A-17a-159 - details the goals and potential benefits associated with the program. The statute provides clarification on the distribution of funding, procedures for soliciting proposals, and restrictions on the use of grant monies. The State Board of Education is required to make an annual report on the program during the 2009, 2010, and 2011 interims to the Public Education Appropriations Subcommittee.

Funding Detail

Program: Performance Based Compensation

Function

The Performance-based Compensation Pilot Program was created to pilot the development and implementation of performance-based compensation plans in elementary schools. The State Board of Education awarded grants to school districts and charter schools to develop and implement a performance-based compensation plan for teachers. Grants were awarded on a competative basis over a two-year period.

Statutory Authority

The following statute governs the Performance Based Compensation pilot program:

• UCA 53A-17a-163 - details the implementation of the program in the school districts and charter school. The statute also provides guidelines for the performance-based compensation plans.

Funding Detail

Program: Teacher Supplies and Materials

Function

For over a decade, the Legislature has annually provided a sum of one-time funding to reimburse school teachers for out-of-pocket expenditures on classroom supplies and materials. Funds are divided among school teachers based on grade-level and experience, with teachers in lower-grades and less experience receiving more funds. The distribution formula for FY 2011 can be found in Senate Bill 2 (2010 General Session).

Funding Detail

Program: Beverley Taylor Sorenson Elementary Arts

Function

The Beverley Taylor Sorenson Elementary Arts Learning Program is a four-year pilot program that creates a grant program to allow school districts and charter schools to hire approximately 50 highly qualified, full-time arts specialists to be based at 50 schools. Statute states that the "program was created to enhance the social, emotional, academic, and arts learning of students in kindergarten through grade 6 by integrating by integrating arts teaching and learning into core subject areas."

Statutory Authority

The following statute governs the BTS Elementary Arts program:

• UCA 53A-17a-162 - provides the statutory framework for the program, highlights the program's purpose, distribution of funds, and reporting requirements.

Funding Detail

The BTS Elementary Arts learning program was funded beginning in FY 2009 with $15.8 million in one-time funds to support the pilot-program for four years. In a subsequent special session, the Legislature reduced the one-time appropriation by $5,865,000. Finally, during the 2010 General Session, legislators appropriated an additional $658,000 in one-time funding to provide sufficient funding to maintain the pilot-program through FY 2011. All program funding will be exhausted at the end of FY 2011.