H.B. 2

1

MINIMUM SCHOOL PROGRAM ACT AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bill Wright
5 AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING FOR STATE AND LOCAL
6 FUNDING OF THE MINIMUM SCHOOL PROGRAM ACT; PROVIDING A CEILING FOR
7 THE STATE CONTRIBUTION OF THE MAINTENANCE AND OPERATION PORTION
8 OF THE ACT NOT TO EXCEED $1,344,401,192; ESTABLISHING THE VALUE OF THE
9 WEIGHTED PUPIL UNIT AT $1,791; ESTABLISHING DISTRIBUTION FORMULAS;
10 PROVIDING A $26,358,000 APPROPRIATION FOR SCHOOL BUILDING AID; AND
11 PROVIDING AN EFFECTIVE DATE.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 53A-17a-103, as last amended by Chapter 321, Laws of Utah 1996
15 53A-17a-104, as last amended by Chapter 321, Laws of Utah 1996
16 53A-17a-111, as last amended by Chapter 321, Laws of Utah 1996
17 53A-17a-112, as last amended by Chapter 321, Laws of Utah 1996
18 53A-17a-113, as last amended by Chapter 321, Laws of Utah 1996
19 53A-17a-116, as last amended by Chapter 321, Laws of Utah 1996
20 53A-17a-119, as last amended by Chapter 321, Laws of Utah 1996
21 53A-17a-120, as last amended by Chapters 312 and 321, Laws of Utah 1996
22 53A-17a-121, as last amended by Chapter 321, Laws of Utah 1996
23 53A-17a-123, as last amended by Chapter 321, Laws of Utah 1996
24 53A-17a-124, as last amended by Chapter 321, Laws of Utah 1996
25 53A-17a-124.1, as last amended by Chapter 321, Laws of Utah 1996
26 53A-17a-124.5, as last amended by Chapters 313 and 321, Laws of Utah 1996
27 53A-17a-125, as last amended by Chapter 321, Laws of Utah 1996

1 53A-17a-126, as last amended by Chapter 321, Laws of Utah 1996
2 53A-17a-128, as last amended by Chapter 321, Laws of Utah 1996
3 53A-17a-129, as last amended by Chapter 321, Laws of Utah 1996
4 53A-17a-130, as last amended by Chapter 321, Laws of Utah 1996
5 53A-17a-131.1, as last amended by Chapter 321, Laws of Utah 1996
6 53A-17a-131.2, as enacted by Chapter 321, Laws of Utah 1996
7 53A-17a-131.4, as last amended by Chapter 321, Laws of Utah 1996
8 53A-17a-131.5, as last amended by Chapter 321, Laws of Utah 1996
9 53A-17a-131.6, as last amended by Chapter 321, Laws of Utah 1996
10 53A-17a-131.8, as last amended by Chapters 24 and 321, Laws of Utah 1996
11 53A-17a-131.9, as last amended by Chapter 321, Laws of Utah 1996
12 53A-17a-131.10, as enacted by Chapter 321, Laws of Utah 1996
13 53A-17a-132, as last amended by Chapter 321, Laws of Utah 1996
14 53A-17a-135, as last amended by Chapters 321 and 321, Laws of Utah 1996
15 53A-21-105, as repealed and reenacted by Chapter 326, Laws of Utah 1996
16 REPEALS AND REENACTS:
17 53A-17a-131.3, as last amended by Chapter 321, Laws of Utah 1996
18 REPEALS:
19 53A-17a-118, as last amended by Chapter 321, Laws of Utah 1996
20 53A-17a-119.5, as last amended by Chapter 321, Laws of Utah 1996
21 This act enacts uncodified material.
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 53A-17a-103 is amended to read:
24 53A-17a-103. Definitions.
25 As used in this chapter:
26 (1) "Basic state-supported school program" or "basic program" means public education
27 programs for kindergarten, elementary, and secondary school students that are operated and
28 maintained for the amount derived by multiplying the number of weighted pupil units for each
29 district by [$1,739] $1,791, except as otherwise provided in this chapter.
30 (2) "Certified revenue levy" means a property tax levy that provides the same amount of
31 ad valorem property tax revenue as was collected for the prior year, plus new growth, but exclusive

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1 of revenue from collections from redemptions, interest, and penalties.
2 (3) "Leeway program" or "leeway" means a state-supported voted leeway program or
3 board leeway program authorized under Section 53A-17a-133 or 53A-17a-134.
4 (4) "Pupil in average daily membership (ADM)" means a full-day equivalent pupil.
5 (5) "State-supported minimum school program" or "minimum school program" means
6 public school programs for kindergarten, elementary, and secondary schools.
7 (a) The minimum school program established in the districts shall include the equivalent
8 of a school term of nine months as determined by the State Board of Education.
9 (b) (i) The board shall establish the number of days or equivalent instructional hours that
10 school is held for an academic school year.
11 (ii) It is the intent of the Legislature that education enhanced by utilization of
12 technologically enriched delivery systems, when approved by local school boards, shall receive
13 full support by the State Board of Education as it pertains to fulfilling the 990-hour attendance
14 requirements, excluding time spent viewing commercial advertising.
15 (c) The program shall be operated and maintained for the total of the following annual
16 costs:
17 (i) the cost of a basic state-supported school program;
18 (ii) the amount appropriated in Section 53A-17a-123 for the local program;
19 (iii) the amount appropriated in Section 53A-17a-125 for retirement and social security;
20 (A) each school district shall receive its share of retirement and social security monies
21 based on its total weighted pupil units compared to the total weighted pupil units for all districts
22 in the state;
23 (B) the monies needed to support retirement and social security shall be determined by
24 taking the district's prior year allocation and adjusting it for student growth, for the percentage
25 increase in the value of the weighted pupil unit, and the effect of any change in the rates for
26 retirement, social security, or both;
27 (iv) the amount of the employer contribution required or made in behalf of employees
28 under Sections 49-2-301 and 49-3-301;
29 (v) the amount of the employer contribution under Section 1400 of the Federal Insurance
30 Contribution Act in accordance with Section 67-11-5 for local school boards;
31 (vi) the amount appropriated in Chapter 17a:

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1 (A) for an incentives for excellence program;
2 (B) as a contingency fund for the State Board of Education;
3 (C) for state-supported transportation;
4 (D) for a teacher inservice program;
5 (E) for regional service centers;
6 (F) for the educational technology initiative program;
7 (G) for [the UEN(UtahLink)/EDNET] a school nurse program;
8 (H) for the centennial schools program;
9 (I) for a comprehensive guidance program;
10 (J) for families, agencies [coming], and communities together for children and youth at
11 risk programs;
12 (K) for experimental and developmental programs;
13 (L) for alternative language services programs;
14 (M) for highly impacted schools;
15 (N) for character education programs; and
16 [(O) for class size initiatives; and]
17 [(P)] (O) for sign language education; and
18 (vii) the cost of a leeway program[; and].
19 [(viii) one-time appropriations.]
20 (d) The program includes school construction aid programs authorized under Title 53A,
21 Chapter 21, Public Education Capital Outlay Act.
22 (6) "Weighted pupil unit or units" means the unit of measure of factors that is computed
23 in accordance with this chapter for the purpose of determining the costs of a program on a uniform
24 basis for each district.
25 Section 2. Section 53A-17a-104 is amended to read:
26 53A-17a-104. Amount of state's contribution toward minimum school program.
27 (1) The total contribution of the state toward the cost of the operation and maintenance
28 portion of the minimum school program, as provided and defined in Section 53A-17a-103, may
29 not exceed the sum of [$1,341,699,431] $1,344,401,192 for the [1996-97] 1997-98 school year,
30 except as otherwise provided by the Legislature through supplemental appropriations.
31 (2) It is intended that the funds provided are for the following purposes and in the

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1 following amounts:
2 Estimated Purpose State Contribution Estimated State and Local
3 Weighted Funds at [$1,739] $1,791
4 Pupil Units Per Weighted Pupil Unit
5 [19,195] 19,379 Basic program - kindergarten. [$33,380,105] $34,707,789
6 [428,722] 430,342 Basic program - grades 1-12. [$745,547,558] $770,742,522
7 [41,444] 41,610 Basic program - professional staff. [$72,071,116] $74,523,510
8 1,655 Basic program - administrative [$2,878,045] $2,964,105
9 costs.
10 [5,472] 5,494 Basic program - necessarily [$9,515,808] $9,839,754
11 existent small schools and units
12 for consolidated schools.
13 [52,190] 52,668 Special education - regular program [$90,758,410] $94,328,388
14 - add-on WPUs for students with
15 disabilities.
16 [4,203] 4,338 Preschool Special Education Program. [$7,309,017] $7,769,358
17 [11,703] 11,735 Self-contained regular WPUs. [$20,351,517] $21,017,385
18 [238] 239 Extended year program for [$413,882] $428,049
19 severely disabled.
20 [1,356] 1,361 Special education - state programs. [$2,358,084] $2,437,551
21 [19,214] 19,619 Applied technology and technical [$33,413,146] $35,137,629
22 education district programs.
23 [993] 997 Applied technology district set-aside. [$1,726,827] $1,785,627
24 [4,759] 8,747 Youth [in custody] at risk programs. [$8,275,901] $15,665,877
25 [3,234] 3,434 Adult [high school] education. [$5,623,926] $6,150,294
26 [303 Adult basic skills. $526,917]
27 [2,976] 3,330 Accelerated learning programs. [$5,175,264] $5,964,030
28 [3,566 At Risk Students. $6,201,274]
29 [11,722] 11,640 Local programs. [$20,384,558] $20,847,240
30 [24,348] 24,445 Career ladder. [$42,341,172] $43,780,995
31 [11,239] 25,858 Class size reduction. [$19,544,621] $46,311,678

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1 [648,532] 666,891 TOTAL OF ALL ABOVE [$1,127,797,148] $1,194,401,781
2 PROGRAMS
3 Social Security and retirement [$217,034,299] $229,443,217
4 programs.
5 Pupil Transportation to [$39,026,934] $47,348,900
6 and from school.
7 Contingency fund. $623,000
8 Incentives for excellence. $619,800
9 Regional service centers. [$776,200] $799,500
10 Inservice Education. $1,001,230
11 Comprehensive Guidance. [$4,136,150] $4,936,150
12 Educational Technology Initiative. [$4,419,162] $6,419,162
13 [UEN(UtahLink)\EDNET. $7,899,929]
14 Centennial Schools. $2,649,000
15 Alternative Language Services. [$1,600,000] $2,350,000
16 Highly Impacted Schools. [$4,500,000] $4,975,000
17 Character Education Program. $550,000
18 [Class Size Initiatives $30,000,000]
19 Sign Language Education. $100,000
20 [Children and youth at risk programs. $4,174,813]
21 Families, Agencies, and Communities
22 Together. $1,260,613
23 School Nurses. $350,000
24 Experimental and Developmental Program. [$4,556,900] $5,306,900
25 State-supported voted leeway. [$70,105,405] $82,171,518
26 State-supported board leeway. [$26,797,560] $30,447,915
27 [One-time appropriations $48,239,800]
28 Total estimated contributions to [$1,593,958,330] $1,615,753,686
29 school districts for all programs.
30 Less estimated proceeds from [$252,258,899] $271,352,494
31 state-supported local levies.

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1 TOTAL STATE FUNDS [$1,341,699,431] $1,344,401,192
2 Section 3. Section 53A-17a-111 is amended to read:
3 53A-17a-111. Weighted pupil units for programs for students with disabilities --
4 District allocation.
5 (1) There is appropriated to the State Board of Education [$121,190,910 (69,690]
6 $125,980,731 (70,341 weighted pupil units) for allocation to local school board programs for
7 students with disabilities.
8 (2) Included in the appropriation is [$90,758,410] $94,328,388 for add-on WPUs for
9 students with disabilities enrolled in regular programs.
10 (3) The number of weighted pupil units for students with disabilities shall reflect the direct
11 cost of programs for those students conducted in accordance with definitions, guidelines, rules, and
12 standards established by the State Board of Education in accordance with Title 63, Chapter 46a,
13 Utah Administrative Rulemaking Act.
14 (4) Disability program monies allocated to districts are restricted and shall be spent for the
15 education of students with disabilities but may include expenditures for approved programs of
16 services conducted for certified instructional personnel who have students with disabilities in their
17 classes.
18 (5) The State Board of Education shall establish and strictly interpret definitions and
19 provide standards for determining which students have disabilities and shall assist districts in
20 determining the services that should be provided to students with disabilities.
21 (6) Each year the board shall evaluate the standards and guidelines that establish the
22 identifying criteria for disability classifications to assure strict compliance with those standards
23 by the districts.
24 (7) Each district shall receive its allocation of monies appropriated in Subsection
25 53A-17a-111(2) for add-on WPUs for students with disabilities enrolled in regular programs as
26 provided in this subsection.
27 (a) The State Board of Education shall use the total number of special education add-on
28 weighted pupil units used to fund fiscal year 1989-90 as a foundation for the special education
29 add-on appropriation.
30 (b) A district's special education add-on WPUs for the current year may not be less than
31 the foundation special education add-on WPUs.

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1 (8) When monies appropriated under this chapter fund the foundation weighted pupil units,
2 as outlined in Subsection (7)(a), growth WPUs shall be added to the prior year special education
3 add-on WPUs, and growth WPUs shall be determined as follows:
4 (a) The special education student growth factor is calculated by comparing S-3 total
5 special education ADM of two years previous to the current year to the S-3 total special education
6 ADM three years previous to the current year, not to exceed the official October total district
7 growth factor from the prior year.
8 (b) When calculating and applying the growth factor, a district's S-3 total special education
9 ADM for a given year is limited to 12.18% of the district's S-3 total student ADM for the same
10 year.
11 (c) Growth ADMs are calculated by applying the growth factor in Subsection (8)(a) to the
12 S-3 total special education ADM of two years previous to the current year.
13 (d) Growth ADMs for each district in Subsection (8)(c) are multiplied by 1.53 weighted
14 pupil units and added to the prior year special education add-on WPU to determine each district's
15 total allocation.
16 (9) If monies appropriated under this chapter for programs for students with disabilities
17 do not meet the costs of districts for those programs, each district shall first receive the amount
18 generated for each student with a disability under the basic program.
19 Section 4. Section 53A-17a-112 is amended to read:
20 53A-17a-112. Preschool special education appropriation -- Extended year program
21 appropriation -- Appropriation for special education programs in state institutions.
22 (1) Included in the [$121,190,910] $125,980,731 appropriation under Section
23 53A-17a-111 is:
24 (a) an amount of [$7,309,017] $7,769,358 for preschool special education programs;
25 (b) an amount of [$20,351,517] $21,017,385 for self-contained regular WPU special
26 education programs;
27 (c) an amount of [$413,882] $428,049 for extended year programs for the severely
28 disabled; and
29 (d) an amount of [$2,358,084] $2,437,551 for special education programs in state
30 institutions and for district impact aid.
31 (2) (a) The [$7,309,017 (4,203] $7,769,358 (4,338 weighted pupil units) appropriated for

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1 the preschool special education program is allocated to school districts to provide a free,
2 appropriate public education to preschool students with a disability, ages three through five.
3 (b) The monies are distributed on the basis of a school district's previous year December
4 1 disabled preschool child count as mandated by federal law.
5 (3) The extended school year program for the severely disabled is limited to students with
6 severe disabilities with education program goals identifying significant regression and recoupment
7 disability as approved by the State Board of Education.
8 (4) (a) The monies appropriated for self-contained regular special education programs may
9 not be used to supplement other school programs.
10 (b) Monies in any of the other restricted line item appropriations may not be reduced more
11 than 2% to be used for purposes other than those specified by the appropriation, unless otherwise
12 provided by law.
13 (5) (a) It is the intent of the Legislature that preschool special education be funded by a
14 formula which uses current, December 1 child count numbers of 3, 4, and preschool-aged
15 5-year-olds.
16 [(b) When sufficient information is available, at least by the fiscal year beginning July 1,
17 1999, a formula shall be introduced which is based on empirically identified factors related to
18 services and cost of services to preschool children with disabilities.]
19 (b) (i) The State Board of Education shall develop a formula for funding preschool special
20 education.
21 (ii) The formula shall use empirical factors that will distribute funds based on services
22 provided and cost of services.
23 (iii) The formula shall be presented to the Public Education Appropriations Subcommittee
24 for approval during the Legislature's 1998 Annual General Session.
25 (iv) The formula is to be included as part of the budget request for the fiscal year
26 beginning July 1, 1998.
27 Section 5. Section 53A-17a-113 is amended to read:
28 53A-17a-113. Weighted pupil units for applied technology education programs --
29 Funding of approved programs -- Performance measures -- Qualifying criteria.
30 (1) There is appropriated to the State Board for Applied Technology Education, hereafter
31 referred to in this section as the board, [$33,413,146 (19,214] $35,137,629 (19,619 weighted pupil

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1 units) to pay the added instructional costs of approved applied technology education programs.
2 (a) Included in the [$33,413,146] $35,137,629 appropriation is [$732,119] $754,011 (421
3 weighted pupil units) for summer applied technology agriculture programs.
4 (b) These monies are allocated to eligible recipients as provided in Subsections (2), (3),
5 and (4).
6 (2) Weighted pupil units are computed for pupils in approved programs.
7 (a) The board shall fund approved programs based upon hours of membership of 9th
8 through 12th grade students.
9 (b) The board shall use an amount not to exceed 20% of the total appropriation under this
10 section to fund approved programs based on performance measures such as placement and
11 competency attainment defined in standards set by the board for districts to qualify for applied
12 technology funding.
13 (c) Leadership organization funds shall constitute an amount not to exceed 1% of the total
14 appropriation under this section, and shall be distributed to each local educational agency
15 sponsoring applied technology student leadership organizations in a ratio representing the agency's
16 share of the state's total membership in those organizations.
17 (d) The board shall make the necessary calculations for distribution of the appropriation
18 to school districts and may revise and recommend changes necessary for achieving equity and ease
19 of administration.
20 (3) (a) Twenty weighted pupil units are computed for each district, or 25 weighted pupil
21 units may be computed for each district that consolidates applied technology administrative
22 services with one or more other districts.
23 (b) Between 10 and 25 weighted pupil units shall be computed for each high school
24 conducting approved applied technology education programs in a district according to standards
25 established by the board.
26 (c) Forty weighted pupil units shall be computed for each district that operates an approved
27 district applied technology center.
28 (d) Between five and seven weighted pupil units shall be computed for each summer
29 applied technology agriculture program according to standards established by the board.
30 (e) The board shall, by rule, establish qualifying criteria for districts to receive weighted
31 pupil units under Subsection (3).

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1 (4) (a) All monies allocated under Subsection (1) are computed by using average daily
2 membership in approved programs for the previous year.
3 (b) A district that has experienced student growth in grades 9 through 12 for the previous
4 year shall have the growth factor applied to the previous year's weighted pupil units when
5 calculating the allocation of monies under this subsection.
6 (5) (a) The board shall establish rules for the upgrading of high school applied technology
7 education programs.
8 (b) The rules shall reflect technical training and actual marketable job skills in society.
9 (c) The rules shall include procedures to assist school districts to convert existing
10 programs which are not preparing students for the job market into programs that will accomplish
11 that purpose.
12 (6) Programs that do not meet board standards may not be funded under this section.
13 [(7) (a) In addition to the appropriation under Subsection (1), there is appropriated for the
14 fiscal year beginning July 1, 1996, $1,500,000 in one-time monies to pay added instructional costs
15 for approved applied technology programs and $1,000,000 in one-time monies for applied
16 technology equipment costs in the school districts.]
17 [(b) The board shall allocate the appropriations in a manner consistent with the provisions
18 of this section.]
19 Section 6. Section 53A-17a-116 is amended to read:
20 53A-17a-116. Weighted pupil units for applied technology set-aside programs.
21 (1) There is appropriated to the State Board for Applied Technology Education
22 [$1,726,827 (993] $1,785,627 (997 weighted pupil units) for an applied technology set-aside
23 program.
24 (2) Applied technology set-aside funds appropriated to the board are allocated by Request
25 for Proposal (RFP) to provide a district minimum payment for applied technology education.
26 (3) Each district shall receive a guaranteed minimum allocation.
27 (4) The set-aside funds remaining after the initial minimum payment allocation are
28 distributed by an RFP process to help pay for equipment costs necessary to initiate new programs
29 and for high priority programs as determined by labor market information.
30 Section 7. Section 53A-17a-119 is amended to read:
31 53A-17a-119. Weighted pupil units for adult education programs.

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1 (1) There is appropriated to the State Board of Education [$5,623,926 (3,234] $6,150,294
2 (3,434 weighted pupil units) for allocation to local school boards for adult education programs,
3 consisting of adult high school completion and adult basic skills programs.
4 (2) Each district shall receive its pro rata share of the appropriation for adult high school
5 completion programs based on the number of people listed in the latest official census who are
6 over 18 years of age and who do not have a high school diploma and prior year participation.
7 (3) On February 1 of each school year, the State Board of Education shall recapture
8 monies not used for an adult high school completion program for reallocation to districts that have
9 implemented programs based on need and effort as determined by the State Board of Education.
10 (4) To the extent of monies available, school districts shall provide programs to adults who
11 do not have a diploma and who intend to graduate from high school, with particular emphasis on
12 homeless individuals who are seeking literacy and life skills.
13 (5) Overruns in adult education in any district may not reduce the value of the weighted
14 pupil unit for this program in another district.
15 (6) The board shall provide the Legislature with a recommendation as to if and when any
16 fees should be charged for participation in the adult high school completion programs funded
17 under this section.
18 (7) School districts shall spend money on adult basic skills programs according to
19 standards established by the State Board of Education.
20 Section 8. Section 53A-17a-120 is amended to read:
21 53A-17a-120. Weighted pupil units for accelerated learning programs.
22 (1) There is appropriated to the State Board of Education [$5,175,264 (2,976] $5,392,701
23 (3,011 weighted pupil units) for allocation to local school boards for accelerated learning programs
24 in grades one through 12, which include programs for the gifted and talented, concurrent
25 enrollment, and advanced placement.
26 (2) (a) A school participating in the concurrent enrollment programs offered under Section
27 53A-15-101 shall receive on a per student basis up to $33.33 per quarter hour or $50 per semester
28 hour for each hour of higher education course work undertaken at the school.
29 (b) The concurrent enrollment component of the appropriation under Subsection (1) [is]
30 and the appropriation under Subsection (4) are the revenue source for the Subsection (2)(a)
31 payments.

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1 (c) [Beginning July 1, 1996, and for each year thereafter,] Each year the amounts specified
2 in Subsection (2)(a) shall be adjusted in proportion to the increase in the value of the weighted
3 pupil unit from the prior year established in Subsection 53A-17a-103(1).
4 (3) (a) Districts shall spend monies for these programs according to standards established
5 by the State Board of Education in accordance with Title 63, Chapter 46a, Utah Administrative
6 Rulemaking Act.
7 (b) [It is the intent of the Legislature that the] The State Board of Education shall develop
8 uniform and consistent policies for school districts to follow in utilizing advanced placement and
9 concurrent enrollment monies.
10 (4) In addition to the appropriation under Subsection (1), there is appropriated for the fiscal
11 year beginning July 1, [1996, $250,000 in one-time monies for accelerated learning concurrent
12 enrollment programs] 1997, $571,329 (319 weighted pupil units) for concurrent enrollment
13 programs.
14 Section 9. Section 53A-17a-121 is amended to read:
15 53A-17a-121. Weighted pupil units for youth at risk programs.
16 (1) There is appropriated to the State Board of Education [$6,201,274 (3,566] $15,064,101
17 (8,411 weighted pupil units) for allocation to local school boards for youth at risk [student]
18 programs[.], including the following:
19 (a) youth in custody;
20 (b) teenage pregnancy;
21 (c) homeless and minority students;
22 (d) mathematics, engineering, and science achievement programs; and
23 (e) gang prevention.
24 (2) Districts shall spend monies for these programs according to standards established by
25 the State Board of Education in accordance with Title 63, Chapter 46a, Utah Administrative
26 Rulemaking Act.
27 (3) [Of] (a) From the amount appropriated for youth at risk [student] programs, the board
28 shall allocate [$841,676 (484 weighted pupil units)] moneys for teenage pregnancy prevention
29 programs[. (a) The board shall make the allocation] to school districts on the basis of a district's
30 total number of students enrolled in classes as of October 1 that teach a curriculum of teenage
31 pregnancy prevention as compared to the total number of students enrolled in such programs in

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1 school districts throughout the state.
2 (b) The teenage pregnancy programs funded under this subsection shall require written
3 consent from parents or guardians for student participation, involve parents or guardians of
4 participating students in a substantial and consistent manner, and comply with the requirements
5 of Sections 76-7-321 through 76-7-325.
6 (c) To qualify for participation in the program, a district shall demonstrate to the state
7 board through prior research and pilot studies with similar student populations that those students
8 attained and retained knowledge, values, attitudes, and behaviors that promote abstinence from
9 sexual activity before marriage, and that the students had a lower pregnancy rate than comparison
10 groups that did not participate in the program.
11 (d) Further qualification requires approval by the local board and state board of all
12 teaching materials, handouts, media materials, audiovisual materials, textbooks, curriculum
13 materials, and course outlines to be used in the program.
14 (e) The state board may not use a district's participation in the teenage pregnancy program
15 as an offset against the district's historical proportionate share of the remaining fund balance.
16 (f) A school district may spend any additional [at risk monies] moneys allocated [under
17 this section] for teenage pregnancy prevention programs as long as the programs comply with the
18 guidelines established in Subsections (3)(b), (c), and (d), if the need for such a program is greater
19 than the allocation received under Subsection (a).
20 (4) (a) [Of] From the amount appropriated for youth at risk [student] programs [under
21 Subsection (1)], the board shall [distribute $1,074,702 (618 weighted pupil units)] allocate moneys
22 to school districts for homeless and minority students.
23 (b) Each district shall receive its allocation on the basis of:
24 (i) the total number of homeless students in the district;
25 (ii) added to 50% of the number of minority students in the district;
26 (iii) multiplying the total of Subsections (i) and (ii) by the value of the weighted pupil unit;
27 and
28 (iv) prorating the amount under Subsection (iii) to the amount in Subsection (4)(a).
29 (5) (a) [Of] From the amount appropriated for youth at risk programs [under Subsection
30 (1)], the board shall [distribute $316,498 (182 weighted pupil units)] allocate moneys for
31 mathematics, engineering, and science achievement programs, MESA programs, in the districts.

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1 (b) The board shall make the distribution to school districts on a competitive basis by
2 application under guidelines established by the board.
3 (6) (a) [Of] From the amount appropriated for youth at risk [student] programs [under
4 Subsection (1)], the board shall distribute [$586,043 (337 weighted pupil units)] moneys for gang
5 prevention programs at the district or school level.
6 (b) The board shall make the distribution to school districts under guidelines established
7 by the board consistent with Section 53A-15-601.
8 [(7) The appropriation may not be spent on the F.A.C.T. program.]
9 [(8) In addition to the appropriation under Subsection (1), there is appropriated for the
10 fiscal year beginning July 1, 1996, $600,000 in one-time monies for at risk programs to be
11 distributed under guidelines established by the State Board of Education.]
12 (c) In addition to the appropriation under Subsection (1), there is appropriated for the fiscal
13 year beginning July 1, 1997, $327,753 (183 weighted pupil units) for gang prevention programs
14 at the district or school level.
15 (7) (a) From the amount appropriated for youth at risk programs, the board shall distribute
16 moneys for programs for youth in custody.
17 (b) The board shall allocate these moneys to school districts which operate programs for
18 youth in custody in accordance with standards established by the board.
19 (c) In addition to the appropriation under Subsection (1), there is appropriated for the fiscal
20 year beginning July 1, 1997, $274,023 (153 weighted pupil units) for youth in custody programs
21 operated by school districts.
22 Section 10. Section 53A-17a-123 is amended to read:
23 53A-17a-123. State contribution for the local program.
24 (1) There is appropriated to the State Board of Education [$20,384,558 (11,722]
25 $20,847,240 (11,640 weighted pupil units) for allocation to school districts for the local program
26 on the basis of each district's prior year weighted pupil units for grades K-12 and necessarily
27 existent small schools.
28 (2) As an exception to Section 53A-17a-136 these monies may be used for the following
29 purposes:
30 (a) maintenance and operation costs;
31 (b) capital outlay and debt service; or

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1 (c) a combination of maintenance and operation costs and capital outlay and debt service.
2 Section 11. Section 53A-17a-124 is amended to read:
3 53A-17a-124. State contributions to career ladders -- Distribution of appropriation
4 -- Performance bonus.
5 (1) There is appropriated to the State Board of Education [$42,341,172 (24,348]
6 $43,780,995 (24,445 weighted pupil units) for career ladders for distribution to school districts in
7 accordance with career ladder guidelines provided by the state board and Title 53A, Chapter 9.
8 (a) The state board shall distribute the appropriation, upon application, to each local school
9 board by a formula based on the average of equal weighting considerations for:
10 (i) a district's prior year average daily membership;
11 (ii) the total number of teachers employed by a district during the prior year; and
12 (iii) weighted pupil units allocated to the district.
13 (b) The Legislature shall provide for an annual adjustment in the career ladder
14 appropriation in proportion to:
15 (i) the increase in the value of the weighted pupil unit established in this chapter; and
16 (ii) the increase in the number of students in the state over the prior year.
17 (2) Each school district participating in the career ladder program may spend career ladder
18 monies:
19 (a) to pay a performance bonus to teachers judged by the district as being outstanding in
20 regular classroom performance;
21 (b) (i) for additional nonteaching days for teachers to devote to curriculum development,
22 inservice training, preparation, and related activities;
23 (ii) a local board of education may specifically use from the career ladder appropriation
24 an amount equivalent to $300 per eligible teacher per year for approved inservice costs, for daily
25 stipends, for per diem expenses, and for eligible teacher trainers; and
26 (c) for negotiated additional teacher compensation for extending the length of the
27 instructional day or the number of instructional days.
28 h [ (3) It is the intent of the Legislature that the Education Interim Committee conduct an
29 interim study to assess the career ladder program. ] h
30 Section 12. Section 53A-17a-124.1 is amended to read:
31 53A-17a-124.1. State contribution for inservice instruction -- Training on
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lilac-March 3, 1997

1 personalized education plans.
2 (1) There is appropriated to the State Board of Education $1,001,230 to provide inservice
3 instruction to school teachers, including instruction in methods which incorporate the revised
4 mathematics and science core curriculum, the use of technology as an instructional tool, and the
5 development of teacher skills in the use of new assessment tools that demonstrate student
6 competency.
7 (2) The board shall use the appropriation to improve access to schooling for all students
8 by training teachers to provide a personalized education plan to meet the needs of each child.
9 [(3) In addition to the appropriation under Subsection (1), there is appropriated for the
10 fiscal year beginning July 1, 1996, $2,000,000 in one-time monies to provide inservice instruction
11 to school teachers.]
12 Section 13. Section 53A-17a-124.5 is amended to read:
13 53A-17a-124.5. Appropriation for class size reduction.
14 (1) [(a)] There is appropriated to the State Board of Education [$19,544,621 (11,239]
15 $46,311,678 (25,858 weighted pupil units) to reduce the average class size in kindergarten through
16 the fourth grade in the state's public schools.
17 [(b) In addition to the appropriation under Subsection (1)(a), there is appropriated to the
18 state board for the fiscal year beginning July 1, 1996, $30,000,000 for class size reduction in the
19 state's school districts.]
20 (2) h [ [ ] (a) Except as provided in Subsection (b), each [ ] ] [ Each ] h district shall receive its
20a allocation
21 based upon prior year average daily membership in kindergarten through grade six plus growth
22 as determined under Subsection 53A-17a-106(3) as compared to the state total.
23 h [ [ ] (b) The State Board of Education shall distribute S [ [ ] 20% [ ] ] [15%] s of the
23a appropriation to school
24 districts based upon a formula developed by the board that takes into account: [ ] ]
25 [ [ ] (i) a school district's ability to raise money for growth and accompanying capital facility
26 needs; [ ] ]
27 [ [ ] (ii) need as reflected by: [ ] ]
28 [ [ ] (A) the current number of students in the affected grades in the district who are in
29 alternative housing; and [ ] ]
30 [ [ ] (B) growth in the affected grades both within the district and compared to the state as a
31 whole; and [ ] ] h
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lilac-March 3, 1997

1 h [ [ ] (iii) the school district's past and present effort to raise money and to construct new or
2 to better utilize existing facilities through scheduling or delivery systems in order to deal with class
3 size reduction. [ ] ]
3a S [ (c) THE FORMULA USED TO DISTRIBUTE MONEYS UNDER SUBSECTION (2)(b) SHALL BE
3b PHASED OUT AS FOLLOWS:
3c (i) 15% OF THE MONEYS SHALL BE DISTRIBUTED BY THE FORMULA FOR THE FISCAL YEAR
3d BEGINNING JULY 1, 1997;
3e (ii) THE FORMULA PERCENTAGE SHALL DECREASE TO 10% FOR THE FISCAL YEAR
3f BEGINNING JULY 1, 1998;
3g (iii) THE FORMULA PERCENTAGE SHALL DECREASE TO 5% FOR THE FISCAL YEAR
3h BEGINNING JULY 1, 1999; AND
3i (iv) THE FORMULA DISTRIBUTION SHALL BE TOTALLY ELIMINATED FOR THE FISCAL YEAR
3j BEGINNING JULY 1, 2000. h] s
4 (3) (a) A district may use its allocation to reduce class size in any one or all of the grades
5 referred to under this section, except as otherwise provided in Subsection (3)(b).
6 (b) (i) Each district shall use 50% of its allocation to reduce class size in any one or all
7 of grades kindergarten through grade two, with an emphasis on improving student reading skills.
8 (ii) If a district's average class size is below 18 in grades kindergarten through two, it may
9 petition the state board for, and the state board may grant, a waiver to use its allocation under
10 Subsection (3)(b)(i) for class size reduction in the other grades.
11 (4) Schools may use nontraditional innovative and creative methods to reduce class sizes
12 with this appropriation and may use part of their allocation to focus on class size reduction for
13 specific groups, such as at risk students, or for specific blocks of time during the school day.
14 (5) (a) A school district may use up to 20% of its allocation under Subsection (1) for
15 capital facilities projects if such projects would help to reduce class size.
16 (b) If a school district's student population increases by 5% or 700 students from the
17 previous school year, the school district may use up to 50% of any allocation it receives under this
18 section for classroom construction.
19 (6) This appropriation is to supplement any other appropriation made for class size
20 reduction.

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21 (7) (a) The State Board of Education shall compile information on class size, both in
22 average student-teacher ratios and in actual number of students enrolled in each classroom by
23 grade level for elementary grades and by subject matter for secondary grades.
24 (b) The State Board of Education shall establish uniform class size reporting rules among
25 districts.
26 (c) Provisions may be made for explaining special circumstances where class size exceeds
27 or is below normal distributions.
28 (8) (a) Each school district shall provide the State Board of Education with an annual
29 accounting of how its allocation was used for class size reduction during the school year.
30 (b) The state superintendent of public instruction shall provide the Legislature and the
31 governor with an annual report on the program's progress and success, including the information

















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lilac-March 3, 1997

1 received under Subsection (8)(a).
2 (9) The Legislature shall provide for an annual adjustment in the appropriation authorized
3 under this section in proportion to the increase in the number of students in the state in
4 kindergarten through grade six.
5 Section 14. Section 53A-17a-125 is amended to read:
6 53A-17a-125. Appropriation for retirement and social security.
7 (1) There is appropriated to the State Board of Education [$217,034,299] $229,443,217
8 for retirement and social security costs.
9 (2) The employee's retirement contribution shall be 1% for employees who are under the
10 state's contributory retirement program.
11 (3) The employer's contribution under the state's contributory retirement program is
12 determined under Section 49-2-301, subject to the 1% contribution under Subsection (2).
13 (4) The employer-employee contribution rate for employees who are under the state's
14 noncontributory retirement program is determined under Section 49-3-301.
15 Section 15. Section 53A-17a-126 is amended to read:
16 53A-17a-126. State support of pupil transportation -- Incentives to increase economy
17 and productivity in student transportation.
18 (1) The state's contribution of [$39,026,934] $47,348,900 for state-supported
19 transportation of public school students is apportioned and distributed in accordance with Section
20 53A-17a-127, except as otherwise provided in this section.
21 (2) (a) The board shall deduct an amount of not less than $1,397,000 prior to any
22 apportionment or distribution under Subsection (1) and allocate the money to the Utah Schools for
23 the Deaf and the Blind to pay transportation costs of the schools' students.
24 (b) The Utah Schools for the Deaf and the Blind shall use these moneys to pay for
25 transportation of students based on current valid contracted arrangements and best transportation
26 options and methods as determined by the schools.
27 (c) It is the intent of the Legislature that all student transportation costs of the Utah
28 Schools for the Deaf and the Blind shall be paid from the allocation made under this Subsection
29 (2).
30 [(2)] (3) Each district shall receive its approved transportation costs, except that if during
31 the fiscal year the total transportation allowance for all districts exceeds the amount appropriated,

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1 all allowances shall be reduced pro rata to equal not more than that amount.
2 [(3)] (4) The state's contribution for transportation includes $118,600 for the extended
3 school year program for the severely disabled, limited to severely disabled students with education
4 program goals identifying significant regression/recoupment disability as approved by the State
5 Board of Education.
6 [(4)] (5) Included in the [$39,026,934] $47,348,900 appropriation is an amount of
7 $187,000 for transportation of students, as approved by the state board, for school districts that
8 consolidate schools, implement double session programs at the elementary level, or utilize other
9 alternatives to building construction that require additional student transportation.
10 [(5)] (6) (a) Part of the state's contribution for transportation, not to exceed $200,000, may
11 be used as an incentive for districts to increase economy and productivity in student transportation.
12 (b) This amount is distributed on a pro rata basis among districts which have achieved the
13 most efficiency according to the state formula.
14 (c) Districts receiving the incentive funding may expend the monies at the discretion of
15 the local school board.
16 [(6) It is the intent of the Legislature that:]
17 (7) (a) [local] Local school boards shall provide salary adjustments to employee groups
18 that work with the transportation of students comparable to those of classified employees
19 authorized under Section 53A-17a-137, when dividing the weighted pupil unit for salary
20 adjustment purposes[; and].
21 (b) [the] The State Board of Education shall conduct a study to evaluate the reimbursement
22 system of funding for pupil transportation with emphasis on looking at methodologies that will
23 provide incentives for districts that will encourage economical practices.
24 [(7) In addition to the appropriation under Subsection (1), there is appropriated for the
25 fiscal year beginning July 1, 1996, $6,089,800 in one-time monies for pupil transportation to be
26 apportioned and distributed in accordance with Section 53A-17a-127.]
27 Section 16. Section 53A-17a-128 is amended to read:
28 53A-17a-128. Contingency fund for State Board of Education -- Laboratory school
29 at Utah State University.
30 (1) There is appropriated to the State Board of Education from the total amount of state
31 funds listed in Section 53A-17a-104 $623,000 as a contingency fund to do the following:

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1 (a) stabilize the value of the weighted pupil unit;
2 (b) maintain program levels in districts that may experience unanticipated and unforeseen
3 losses of students;
4 (c) equalize programs in districts where a strict application of the law provides inequity;
5 (d) pay the added costs when Utah students attend school out of state; and
6 (e) assist in the operation of the laboratory school at Utah State University, including the
7 allocation of monies for a teacher career ladder program at the school.
8 (2) The State Board of Education shall make a strict accounting of these funds and return
9 any unused part to the Uniform School Fund at the close of each fiscal year.
10 (3) The state's contribution to the State Board of Education for the laboratory school at
11 Utah State University is a part of the contingency fund.
12 (4) The contribution shall be used to [indemnify school districts against loss of funds
13 caused by release of students to the laboratory school and to] promote programs at the school.
14 (5) There is established an advisory board for the school consisting of the following:
15 (a) the president of Utah State University or his designee;
16 (b) the state superintendent of public instruction or his designee;
17 (c) the dean of the College of Education at Utah State University or his designee;
18 (d) a local superintendent of schools;
19 (e) a staff member from the office of the State Board of Education;
20 (f) a staff member from a local school board;
21 (g) a staff member from the College of Education at Utah State University; and
22 (h) two lay citizens noted for their contribution to the improvement of education. The
23 advisory board members in Subsections (d) through (h) are appointed by the State Board of
24 Education for terms specified by that body.
25 [(6) (a) The indemnification of school districts under Subsection (4) shall be phased out
26 over a three-year period as follows:]
27 [(i) a reduction of 1/2 the amount in the fiscal year beginning July 1, 1994;]
28 [(ii) a reduction of 1/2 the amount in the fiscal year beginning July 1, 1995; and]
29 [(iii) a total elimination of the indemnification beginning July 1, 1996.]
30 [(b) School districts shall receive direct compensation for services they provide to the lab
31 school, not to exceed 20% of the value of the weighted pupil unit.]

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1 [(7) (a) It is the intent of the Legislature that the State Board of Education commission a
2 study to deal with issues of student education in Wendover as it relates to relations with Nevada.]
3 [(b) It is the further intent of the Legislature that the executive branch and the legislative
4 branch, in conjunction with the state superintendent of public instruction, the superintendent of the
5 Tooele School District, and the Tooele School District Board of Education, work together with
6 their counterparts from the state of Nevada and the Elko County School District during the interim
7 period to bring about a satisfactory solution for the education of the Utah public school children
8 in Wendover, Utah.]
9 Section 17. Section 53A-17a-129 is amended to read:
10 53A-17a-129. State contribution for incentives for excellence.
11 (1) The state's contribution of $619,800 for the incentives for excellence program for the
12 fiscal year beginning July 1, 1997, is appropriated to the State Board of Education for distribution
13 to school districts according to guidelines established by the board.
14 (2) A school district shall use its allocation to promote a strong partnership between public
15 education and private enterprise, to seek additional financial support from the business community,
16 and to enhance its educational excellence.
17 (3) School districts are encouraged under this program to develop projects that rely on
18 matching private and public monies to promote educational excellence.
19 Section 18. Section 53A-17a-130 is amended to read:
20 53A-17a-130. State contribution to regional service centers.
21 The state's contribution of [$776,200] $799,500 for regional service centers is appropriated
22 to the State Board of Education for distribution according to guidelines established by the board.
23 Section 19. Section 53A-17a-131.1 is amended to read:
24 53A-17a-131.1. State contribution to the educational technology initiative.
25 (1) The state's contribution of [$4,419,162] $6,419,162 for maintaining the educational
26 technology initiative programs is appropriated to the State Board of Education for distribution
27 according to rules adopted by the board consistent with Title 53A, Chapter 1, Part 7, Educational
28 Technology Programs.
29 (2) Monies received under this section may be used to maintain existing programs and for
30 inservice programs required to implement the technology.
31 (3) Each school district shall develop a comprehensive inservice plan and report

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1 expenditures for teacher training to the State Office of Education.
2 [(4) (a) In addition to the contribution under Subsection (1), there is appropriated for the
3 fiscal year beginning July 1, 1996, $9,600,000 in one-time monies for educational technology
4 initiative programs.]
5 [(b) The board shall distribute the appropriation in the same manner as under Subsection
6 (1).]
7 Section 20. Section 53A-17a-131.2 is amended to read:
8 53A-17a-131.2. State contribution to highly impacted schools program.
9 [(1)] The state's contribution of [$4,500,000] $4,975,000 for the Highly Impacted Schools
10 Program is appropriated to the State Board of Education for distribution according to the formula
11 adopted by the board under Section 53A-15-701, which authorizes the Highly Impacted Schools
12 Program.
13 [(2) In addition to the contribution under Subsection (1), there is appropriated for the fiscal
14 year beginning July 1, 1996, $700,000 in one-time monies for the Highly Impacted Schools
15 Program, which shall also be distributed according to the formula adopted under Section
16 53A-15-701.]
17 Section 21. Section 53A-17a-131.3 is repealed and reenacted to read:
18 53A-17a-131.3. State contributions to the school nurses program.
19 The state's contribution of $350,000 for the school nurses program is appropriated to the
20 State Board of Education for distribution according to guidelines established by the board.
21 Section 22. Section 53A-17a-131.4 is amended to read:
22 53A-17a-131.4. State contribution to Alternative Language Services Program.
23 (1) The state's contribution of [$1,600,000] $2,350,000 for an Alternative

Language
24 Services Program is appropriated to the State Board of Education as a funding base for school
25 districts to meet the limited-English-proficient and second language acquisition needs of Utah's
26 language minority student population.
27 (2) The board shall allocate the appropriation to school districts based on submission of
28 competitive grant applications and compliance with qualifying criteria established by the state
29 board pursuant to its rulemaking authority.
30 [(3) (a) In addition to the contribution under Subsection (1), there is appropriated for the
31 fiscal year beginning July 1, 1996, $2,000,000 in one-time monies for the Alternative Language

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1 Services Program.]
2 [(b) The board shall allocate the appropriation in the same manner as under Subsection
3 (2).]
4 Section 23. Section 53A-17a-131.5 is amended to read:
5 53A-17a-131.5. State contribution for the Centennial Schools Program.
6 The state's contribution of [$3,700,000] $2,649,000 for the Centennial Schools Program
7 [for the fiscal year beginning July 1, 1996, consists of an appropriation of $1,100,000 in one-time
8 monies and an authorized carry-forward balance of $2,600,000 in centennial school monies for]
9 is appropriated to the State Board of Education to distribute under Section 53A-1a-303.
10 Section 24. Section 53A-17a-131.6 is amended to read:
11 53A-17a-131.6. State contribution to Character Education Program.
12 (1) The state's contribution of $550,000 for a Character Education Program for the fiscal
13 year beginning July 1, 1997, is appropriated to the State Board of Education for distribution to
14 school districts according to rules adopted by the state board.
15 (2) [It is the intent of the Legislature that] School districts shall use the appropriation [be
16 used] primarily for implementing curriculum within the classroom that provides for the direct
17 instruction of students.
18 (3) Character education monies shall also be used to provide inservice training to teachers
19 on the use and teaching of character education materials and to acquaint teachers with the
20 requirements in the Utah Constitution and state statutes to teach qualities of character.
21 (4) Character education programs are to be systematic and comprehensive in their
22 approach and include student materials, parental involvement, and teacher training.
23 (5) The principles taught, such as integrity, social responsibility, and the

importance of the
24 work ethic should be designed to help students avoid high risk behaviors and learn to function as
25 caring, productive citizens in society.
26 (6) The State Office of Education shall assist districts and teachers in providing and
27 recommending character education curriculum to students that meets the guidelines referred to in
28 this section.
29 (7) Proposals in which parents are involved with educators in all phases of the design,
30 implementation, and evaluation of school and district programs shall be given highest priority.
31 Section 25. Section 53A-17a-131.8 is amended to read:

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1 53A-17a-131.8. State contribution to the Comprehensive Guidance Program.
2 (1) The state's contribution of [$4,136,150] $4,936,150 for a Comprehensive Guidance
3 Program is appropriated to the State Board of Education for distribution to school districts as
4 follows:
5 (a) the board shall distribute the appropriation to districts to be used at their secondary
6 schools in grades 7-12, with [priority given to grades 9-12, and any remaining funds allocated to
7 grades 7 and 8 for those schools which meet program standards, to provide guidance curriculum
8 and an individualized educational/occupational program, hereafter SEOP, for each student at the
9 school;] the following priority:
10 (i) grades 9-12; and
11 (ii) grades 7-8 for those schools which meet program standards, to provide a guidance
12 curriculum and individual educational/occupational program for each student at the school;
13 (b) each school shall meet qualification criteria established by rules made by the State
14 Board of Education in order to receive moneys under this program; and
15 (c) the appropriation shall also be used to provide responsive services and eliminate
16 nonguidance activities currently being performed by counselors.
17 (2) (a) It is anticipated that under this program counselors will increase direct services to
18 students to involve at least 80% of the counselors' time and that districts shall document this with
19 onsite review teams.
20 (b) Districts shall provide training to their secondary teachers on their role in assisting in
21 the development and implementation of SEOPs.
22 (3) The state superintendent of public instruction shall:
23 (a) prepare an inventory of working SEOPs for networking with schools throughout the
24 state; and
25 (b) monitor the program and provide an annual report on its progress and success.
26 [(4) (a) In addition to the contribution under Subsection (1), there is appropriated for the
27 fiscal year beginning July 1, 1996, $200,000 in one-time monies for the Comprehensive Guidance
28 Program.]
29 [(b) The board shall distribute the appropriation in the same manner as under Subsection
30 (1).]
31 Section 26. Section 53A-17a-131.9 is amended to read:

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1 53A-17a-131.9. State contribution to agencies coming together for children and
2 youth at risk.
3 (1) There is appropriated [$4,174,813] $1,260,613 to the State Board of Education to
4 implement Title 63, Chapter 75, Families, Agencies [Coming], and Communities Together for
5 Children and Youth At Risk Act.
6 [(2) (a) Of the amount appropriated under Subsection (1), the board shall distribute to the
7 Department of Human Services, the Department of Health, and the Office of the Court
8 Administrator amounts sufficient to fund their respective participation in the at risk programs
9 authorized in H.B. 39, enacted during the 1993 General Session.]
10 [(b) The board shall establish a distribution formula in consultation with the state
11 superintendent of public instruction, the executive director of the Department of Human Services,
12 the executive director of the Department of Health, and the state court administrator.]
13 [(c) It is the intent of the Legislature that participation] (2) Participation in the at risk
14 programs funded under this section [requires] shall require consent from a parent or legal guardian
15 for the participant to receive initial or continuing services under the program.
16 [(d) It is the intent of the Legislature that a] (3) A participant's parent or legal guardian
17 shall be actively involved in the program and [that] all applicable state and federal laws and
18 regulations shall be observed by the entities and individuals providing the services.
19 [(e) It is the intent of the Legislature that monies under this section for fiscal year
20 beginning July 1, 1996, be used] (4) The board shall use the appropriation to experiment on a
21 community full-service delivery system level to provide data on the merits of moving

the concept
22 to a fully implemented statewide system.
23 [(3) (a) It is the intent of the Legislature that the State Office of Education and the
24 Departments of Human Services and Health, in conjunction with the Families, Agencies, and
25 Communities Together (FACT) steering committee, study the issues affecting individuals with
26 autism from prediagnosis through adult services.]
27 [(b) The plan shall be presented to the Public Education, Health, and Human Services
28 Appropriation Subcommittees during the 1997 General Session of the Legislature.]
29 Section 27. Section 53A-17a-131.10 is amended to read:
30 53A-17a-131.10. State contribution to sign language education.
31 (1) The states contribution of $100,000 for sign language education for the fiscal year

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1 beginning July 1, 1997, is appropriated to the State Board of Education for distribution to school
2 districts according to rules adopted by the board.
3 (2) It is the intent of the Legislature that elementary schools, especially those that have
4 deaf children in attendance, teach basic sign language to students as part of the regular program
5 of study.
6 (3) The State Office of Education and local school boards shall furnish copies of this intent
7 language to each elementary school in the state and provide coordination and assistance to those
8 schools that desire to participate.
9 Section 28. Section 53A-17a-132 is amended to read:
10 53A-17a-132. Experimental and developmental programs.
11 (1) The state's contribution of [$4,556,900] $5,306,900 for experimental and
12 developmental programs is appropriated to the State Board of Education for distribution to school
13 districts as follows:
14 (a) the board shall distribute the first part, 34% of the appropriation, equally among the
15 state's 40 school districts;
16 (b) the board shall distribute the second part, 41% of the appropriation, to each district on
17 the basis of its kindergarten through grade 12 average daily membership for the prior year as
18 compared to the prior year state total kindergarten through grade 12 average daily membership;
19 and
20 (c) the board shall distribute 25% of the appropriation pursuant to standards established
21 by the board in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
22 (2) (a) A school district may fund a new experimental or developmental

program with
23 monies appropriated under Subsection (1) for a maximum of three consecutive years.
24 (b) After the third year, the district shall either fund the program with regular ongoing
25 program monies or terminate the program.
26 (3) (a) The State Board of Education shall allocate $100,000 of the
27 experimental-developmental appropriation for programs to improve the efficiency of classified
28 employees in the public schools.
29 (b) The programs should include training components, classified staffing formulas, and
30 preventative maintenance formulas.
31 (4) (a) The State Board of Education shall allocate $584,900 of the appropriation for the

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1 planning, development, and implementation of alternative experimental pilot programs, using
2 certificated teachers, which are cooperative ventures that have demonstrated support of parents,
3 the recognized teachers' organization, administrators, and students.
4 (b) The State Board of Education shall select schools for the pilot programs by a grant
5 process using selection criteria developed by the state board.
6 (5) Models for experimental activities similar to the nine district consortium activities are
7 permissible under the experimental and developmental appropriation.
8 (6) [(a) In addition to the contribution under Subsection (1), there is appropriated for the
9 fiscal year beginning July 1, 1996, $2,000,000 in one-time monies for experimental and
10 developmental programs under this section] If this bill and H.B. 35, Accelerated Learning
11 Amendments, both pass, it is the intent of the Legislature that a portion of the moneys appropriated
12 under this section be used to fund H.B. 35.
13 [(b) It is the intent of the Legislature that this appropriation be specifically designated for
14 extended year programs.]
15 Section 29. Section 53A-17a-135 is amended to read:
16 53A-17a-135. Certified revenue levy -- District-wide discipline plan.
17 (1) (a) In order to qualify for receipt of the state contribution toward the basic program
18 and as its contribution toward its costs of the basic program, each school district shall impose a
19 minimum basic tax rate [of .002138] per dollar of taxable value that [is sufficient to generate
20 $164,837,930] generates $171,589,730 in revenues statewide.
21 (b) The preliminary estimate for the 1997-98 tax rate is .002014.
22 [(b) (i)] (c) The State Tax Commission shall certify on or before June 22[, 1996, that] the
23 rate [provided in Subsection (1)(a)] that generates [$164,837,930] $171,589,730 in revenues
24 statewide.
25 [(ii) If the State Tax Commission determines that the rate provided in Subsection (1)(a)
26 does not generate $164,837,930 in revenues, the State Tax Commission shall increase or decrease
27 the rate to meet the requirements of Subsection (1)(a).]
28 [(2) (a) Except as authorized in Subsection (2)(b), beginning in fiscal year 1996-97 the
29 Legislature shall authorize a levy not to exceed the certified revenue levy for the school district
30 contribution toward the costs of the basic program.]
31 [(b)] (d) If the [Legislature authorizes a levy that] minimum basic tax rate exceeds the

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1 certified revenue levy[, it] as defined in Section 59-2-102, the state is subject to the notice
2 requirements of Section 59-2-926.
3 [(3) In order to qualify for receipt of the state contribution toward the basic program and
4 as its contribution toward the costs of the basic program, each school district shall impose a levy
5 as authorized by the Legislature under Subsection (2).]
6 [(4)] (2) (a) The state shall contribute to each district toward the cost of the basic program
7 in the district that portion which exceeds the proceeds of the levy authorized under Subsection
8 [(2)] (1).
9 (b) In accord with the state strategic plan for public education and to fulfill its
10 responsibility for the development and implementation of that plan, the Legislature instructs the
11 State Board of Education, the governor, and the Office of Legislative Fiscal Analyst in each of the
12 coming five years to develop budgets that will fully fund student enrollment growth.
13 [(5)] (3) (a) If the proceeds of the levy authorized under Subsection [(2)] (1) equal or
14 exceed the cost of the basic program in a school district, no state contribution shall be made to the
15 basic program.
16 (b) The proceeds of the levy authorized under Subsection [(2)] (1) which exceed the cost
17 of the basic program shall be paid into the Uniform School Fund as provided by law.
18 [(6) In order to qualify for receipt of the state contribution toward the basic program, a
19 school district shall implement a district-wide discipline plan under guidelines developed by the
20 State Board of Education.]
21 Section 30. Section 53A-21-105 is amended to read:
22 53A-21-105. State contribution to capital outlay programs.
23 The state contribution toward the cost of the programs established under Section
24 [53A-21-101] 53A-21-102 for the fiscal year [ending June 30] beginning July 1, 1997, shall
25 consist of an appropriation totaling $26,358,000 from the Uniform School Fund to the State
26 Board of Education.
27 Section 31. Legislative intent.
28 (1) It is the intent of the Legislature that the State Office of Education, in cooperation with
29 the Legislative Fiscal Analyst's Office and the Governor's Office of Planning and Budget,
30 determine whether it is feasible to prepare budget recommendations for the fiscal year beginning
31 July 1, 1998, that would establish a weighted pupil unit value for personal services and a weighted

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1 pupil unit value for other associated costs of the Minimum School Program Act.
2 (2) (a) It is the intent of the Legislature that the State Office of Education study the Youth
3 in Custody, Adult High School Completion, Adult Basic Skills, Accelerated Learning, Youth At
4 Risk, FACT, Alternative Language Services, Character Education, Highly Impacted Schools, and
5 Sign Language Programs to determine the feasibility or a way of combining these programs, or
6 both, to meet the needs of students, while at the same time reducing the number of line items in
7 the Minimum School Program Act.
8 (b) It is recommended that the State Office of Education report its findings to the
9 Legislature's Education Interim Committee.
10 Section 32. Repealer.
11 This act repeals:
12 Section 53A-17a-118, Weighted pupil units for youth in custody programs.
13 Section 53A-17a-119.5, Weighted pupil units for adult basic skills programs.
14 Section 33. Effective date.
15 This act takes effect on July 1, 1997.




Legislative Review Note
as of 3-1-97 3:15 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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