S.B. 191

1

CLASS SIZE REDUCTION OPTIONS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Millie M. Peterson
5 AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT A SCHOOL DISTRICT
6 MAY S [PETITION THE STATE BOARD OF EDUCATION FOR A WAIVER TO USE CLASS
7 SIZE REDUCTION MONEYS TO PAY TEACHERS FOR TEACHING LARGE CLASSES
8 IF THE DISTRICT'S ALLOCATION IS INSUFFICIENT TO EXPAND FACILITIES AND
9 CLASS SIZE CANNOT BE REDUCED DUE TO LACK OF SPACE IN EXISTING
10 FACILITIES] EXTEND THE SCHOOL DAY IN ITS SECONDARY SCHOOLS TO PROVIDE, WHERE
10a FEASIBLE, FOR SHIFTING NINTH GRADE TO HIGH SCHOOL AND SIXTH GRADE TO MIDDLE OR
10b JUNIOR HIGH SCHOOL TO FREE UP CLASSROOMS AT ELEMENTARY SCHOOLS s ; AND
10c PROVIDING AN EFFECTIVE DATE.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 53A-17a-124.5, as last amended by Chapters 313 and 321, Laws of Utah 1996
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 53A-17a-124.5 is amended to read:
16 53A-17a-124.5. Appropriation for class size reduction.
17 (1) (a) There is appropriated to the State Board of Education $19,544,621 (11,239
18 weighted pupil units) to reduce the average class size in kindergarten through the fourth grade in
19 the state's public schools.
20 (b) In addition to the appropriation under Subsection (1)(a), there is appropriated to the
21 state board for the fiscal year beginning July 1, 1996, $30,000,000 for class size reduction in the
22 state's school districts.
23 (2) (a) Except as provided in Subsection S [(1)] s (b), each district shall receive its allocation
24 based upon prior year average daily membership in kindergarten through grade six plus growth
25 as determined under Subsection 53A-17a-106(3) as compared to the state total.
26 (b) The State Board of Education shall distribute 20% of the appropriation to school
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Amend on 2_goldenrod February 24, 1997 27 districts based upon a formula developed by the board that takes into account:

1 (i) a school district's ability to raise money for growth and accompanying capital facility
2 needs;
3 (ii) need as reflected by:
4 (A) the current number of students in the affected grades in the district who are in
5 alternative housing; and
6 (B) growth in the affected grades both within the district and compared to the state as a
7 whole; and
8 (iii) the school district's past and present effort to raise money and to construct new or to
9 better utilize existing facilities through scheduling or delivery systems in order to deal with class
10 size reduction.
11 (3) (a) A district may use its allocation to reduce class size in any one or all of the grades
12 referred to under this section, except as otherwise provided in Subsection (3)(b).
13 (b) (i) Each district shall use 50% of its allocation to reduce class size in any one or all
14 of grades kindergarten through grade two, with an emphasis on improving student reading skills.
15 (ii) If a district's average class size is below 18 in grades kindergarten through two, it may
16 petition the state board for, and the state board may grant, a waiver to use its allocation under
17 Subsection (3)(b)(i) for class size reduction in the other grades.
18 (4) Schools may use nontraditional innovative and creative methods to reduce class sizes
19 with this appropriation and may use part of their allocation to focus on class size reduction for
20 specific groups, such as at risk students, or for specific blocks of time during the school day.
21 (5) (a) A school district may use up to 20% of its allocation under Subsection (1) for
22 capital facilities projects if such projects would help to reduce class size.
23 (b) If a school district's student population increases by 5% or 700 students from the
24 previous school year, the school district may use up to 50% of any allocation it receives under this
25 section for classroom construction.
26 (c) S [ (i) If a school district's allocation is insufficient to expand facilities to help reduce class
27 size and class size cannot be reduced due to lack of space in existing facilities, then the district
28 may petition the state board for, and the state board may grant, a waiver to use the allocation to
29 pay classroom teachers for teaching large classes.
30 (ii) The state board shall, by rule, in consultation with local school boards establish criteria
31 for what constitutes large classes under Subsection (5)(c)(i).] A SCHOOL DISTRICT MAY EXTEND THE
31a SCHOOL DAY IN ITS SECONDARY SCHOOLS, WHERE FEASIBLE, TO PROVIDE FOR SHIFTING OF THE
31b NINTH GRADE TO HIGH SCHOOL AND SIXTH GRADE TO MIDDLE OR JUNIOR HIGH SCHOOL TO FREE
31c UP CLASSROOMS AT ELEMENTARY SCHOOLS TO HELP REDUCE CLASS SIZE. s

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Amend on 2_goldenrod February 24, 1997 - 2 -

1 (6) This appropriation is to supplement any other appropriation made for class size
2 reduction.
3 (7) (a) The State Board of Education shall compile information on class size, both in
4 average student-teacher ratios and in actual number of students enrolled in each classroom by
5 grade level for elementary grades and by subject matter for secondary grades.
6 (b) The State Board of Education shall establish uniform class size reporting rules among
7 districts.
8 (c) Provisions may be made for explaining special circumstances where class size exceeds
9 or is below normal distributions.
10 (8) (a) Each school district shall provide the State Board of Education with an annual
11 accounting of how its allocation was used for class size reduction during the school year.
12 (b) The state superintendent of public instruction shall provide the Legislature and the
13 governor with an annual report on the program's progress and success, including the information
14 received under Subsection (8)(a).
15 (9) The Legislature shall provide for an annual adjustment in the appropriation authorized
16 under this section in proportion to the increase in the number of students in the state in
17 kindergarten through grade six.
18 Section 2. Effective date.
19 This act takes effect on July 1, 1997.




Legislative Review Note
as of 2-10-97 12:51 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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