S.B. 3 Enrolled

MINIMUM SCHOOL PROGRAM ACT AMENDMENT
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Robert F. Montgomery
AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING FOR STATE AND LOCAL
FUNDING OF THE MINIMUM SCHOOL PROGRAM ACT; PROVIDING A CEILING FOR
THE STATE CONTRIBUTION OF THE MAINTENANCE AND OPERATION PORTION
OF THE ACT NOT TO EXCEED $1,398,982,182; ESTABLISHING THE VALUE OF THE
WEIGHTED PUPIL UNIT AT $1,854; ESTABLISHING DISTRIBUTION FORMULAS;
PROVIDING A $30,858,000 APPROPRIATION FOR SCHOOL BUILDING AID; AND
PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53A-17a-103, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-104, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-111, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-112, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-113, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-116, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-119, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-120, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-121, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-123, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-124, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-124.1, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-124.5, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-126, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-128, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-129, as last amended by Chapter 274, Laws of Utah 1997

53A-17a-130, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-131.1, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-131.2, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-131.3, as repealed and reenacted by Chapter 274, Laws of Utah 1997
53A-17a-131.4, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-131.5, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-131.6, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-131.8, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-131.9, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-132, as last amended by Chapter 274, Laws of Utah 1997
53A-17a-135, as last amended by Chapters 274 and 388, Laws of Utah 1997
53A-21-105, as last amended by Chapter 274, Laws of Utah 1997
REPEALS:
53A-17a-131.10, as last amended by Chapter 274, Laws of Utah 1997
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-17a-103 is amended to read:
53A-17a-103. Definitions.
As used in this chapter:
(1) "Basic state-supported school program" or "basic program" means public education
programs for kindergarten, elementary, and secondary school students that are operated and
maintained for the amount derived by multiplying the number of weighted pupil units for each
district by [$1,791] $1,854, except as otherwise provided in this chapter.
(2) "Certified revenue levy" means a property tax levy that provides the same amount of ad
valorem property tax revenue as was collected for the prior year, plus new growth, but exclusive of
revenue from collections from redemptions, interest, and penalties.
(3) "Leeway program" or "leeway" means a state-supported voted leeway program or board
leeway program authorized under Section 53A-17a-133 or 53A-17a-134.
(4) "Pupil in average daily membership (ADM)" means a full-day equivalent pupil.

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(5) "State-supported minimum school program" or "minimum school program" means public
school programs for kindergarten, elementary, and secondary schools.
(a) The minimum school program established in the districts shall include the equivalent of
a school term of nine months as determined by the State Board of Education.
(b) (i) The board shall establish the number of days or equivalent instructional hours that
school is held for an academic school year.
(ii) [It is the intent of the Legislature that education] Education, enhanced by utilization of
technologically enriched delivery systems, when approved by local school boards, shall receive full
support by the State Board of Education as it pertains to fulfilling the 990-hour attendance
requirements, excluding time spent viewing commercial advertising.
(c) The program shall be operated and maintained for the total of the following annual costs:
(i) the cost of a basic state-supported school program;
(ii) the amount appropriated in Section 53A-17a-123 for the local program;
(iii) the amount appropriated in Section 53A-17a-125 for retirement and social security;
(A) each school district shall receive its share of retirement and social security monies based
on its total weighted pupil units compared to the total weighted pupil units for all districts in the
state;
(B) the monies needed to support retirement and social security shall be determined by
taking the district's prior year allocation and adjusting it for student growth, for the percentage
increase in the value of the weighted pupil unit, and the effect of any change in the rates for
retirement, social security, or both;
(iv) the amount of the employer contribution required or made in behalf of employees under
Sections 49-2-301 and 49-3-301;
(v) the amount of the employer contribution under Section 1400 of the Federal Insurance
Contribution Act in accordance with Section 67-11-5 for local school boards;
(vi) the amount appropriated in Chapter 17a:
(A) for an incentives for excellence program;
(B) as a contingency fund for the State Board of Education;

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(C) for state-supported transportation;
(D) for a teacher inservice program;
(E) for regional service centers;
(F) for the educational technology initiative program;
(G) for a school nurse program;
(H) for the centennial schools program;
(I) for a comprehensive guidance program;
(J) for families, agencies, and communities together for children and youth at risk programs;
(K) for experimental and developmental programs;
(L) for alternative language services programs;
(M) for highly impacted schools; and
(N) for character education programs; and
[(O) for sign language education; and]
(vii) the cost of a leeway program.
(d) The program includes school construction aid programs authorized under Title 53A,
Chapter 21, Public Education Capital Outlay Act.
(6) "Weighted pupil unit or units" means the unit of measure of factors that is computed in
accordance with this chapter for the purpose of determining the costs of a program on a uniform
basis for each district.
Section 2. Section 53A-17a-104 is amended to read:
53A-17a-104. Amount of state's contribution toward minimum school program.
(1) The total contribution of the state toward the cost of the operation and maintenance
portion of the minimum school program, as provided and defined in Section 53A-17a-103, may not
exceed the sum of [$1,344,401,192] $1,398,982,182 for the [1997-98] 1998-99 school year, except
as otherwise provided by the Legislature through supplemental appropriations.
(2) It is intended that the funds provided are for the following purposes and in the following
amounts:
Estimated State and

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Estimated Local Funds at [$1,791] $1,854
Weighted Purpose Per Weighted
Pupil Units State Contribution Pupil Unit
[19,379] 19,443 Basic program - kindergarten. [$34,707,789] $36,047,322
[430,342] 430,531 Basic program - grades 1-12. [$770,742,522] $798,204,474
[41,610] 41,635 Basic program - professional staff. [$74,523,510] $77,191,290
1,655 Basic program - administrative costs. [$2,964,105] $3,068,370
5,494 Basic program - necessarily existent small [$9,839,754] $10,185,876
schools and units for consolidated schools.
[52,668] 52,532 Special education - regular program [$94,328,388] $97,394,328
- add-on WPUs for students with disabilities.
[4,338] 4,380 Preschool Special Education Program. [$7,769,358] $8,120,520
[11,735] 11,868 Self-contained regular WPUs. [$21,017,385] $22,003,272
[239] 238 Extended year program for severely disabled. [$428,049] $441,252
[1,361] 1,358 Special education - state programs. [$2,437,551] $2,517,732
[19,619] 19,578 Applied technology and technical education [$35,137,629] $36,297,612
district programs.
[997] 995 Applied technology district set-aside. [$1,785,627] $1,844,730
[8,747] 9,654 Youth at risk programs. [$15,665,877] $17,898,516
[3,434] 3,427 Adult education. [$6,150,294] $6,353,658
[3,330] 3,863 Accelerated learning programs. [$5,964,030] $7,162,002
[11,640] 11,616 Local programs. [$20,847,240] $21,536,064
[24,445] 24,394 Career ladder. [$43,780,995] $45,226,476
[25,858] 25,804 Class size reduction. [$46,311,678] $47,840,616
[666,891] 668,465 TOTAL OF ALL ABOVE [$1,194,401,781] $1,239,334,110
PROGRAMS
Social Security and retirement programs. [$229,443,217] $238,069,744
Pupil Transportation to and from school. [$47,348,900] $49,297,947

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Contingency fund. [$623,000] $421,692
Incentives for excellence. [$619,800] $618,498
Regional service centers. [$799,500] $1,084,495
[Inservice Education] Staff Development. [$1,001,230] $1,474,127
Comprehensive Guidance. [$4,936,150] $6,900,784
Educational Technology Initiative. [$6,419,162] $8,505,682
Centennial Schools. [$2,649,000] $1,143,437
Alternative Language Services. [$2,350,000] $2,845,065
Highly Impacted Schools. [$4,975,000] $5,404,553
Character Education Program. [$550,000] $400,000
[Sign Language Education. $100,000]
Families, Agencies, and Communities Together. [$1,260,613] $1,257,966
School Nurses. [$350,000] $399,265
Experimental and Developmental Program. [$5,306,900] $6,045,756
State-supported voted leeway. [$82,171,518] $93,726,459
State-supported board leeway. [$30,447,915] $33,502,343
Total estimated contributions to [$1,615,753,686] $1,690,431,923
school districts for all programs.
Less estimated proceeds from [$271,352,494] $291,449,741
state-supported local levies.
TOTAL STATE FUNDS [$1,344,401,192] $1,398,982,182
Section 3. Section 53A-17a-111 is amended to read:
53A-17a-111. Weighted pupil units for programs for students with disabilities --
District allocation.
(1) There is appropriated to the State Board of Education [$125,980,731 (70,341]
$130,477,104 (70,376 weighted pupil units) for allocation to local school board programs for
students with disabilities.
(2) Included in the appropriation is [$94,328,388] $97,394,328 for add-on WPUs for

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students with disabilities enrolled in regular programs.
(3) The number of weighted pupil units for students with disabilities shall reflect the direct
cost of programs for those students conducted in accordance with definitions, guidelines, rules, and
standards established by the State Board of Education in accordance with Title 63, Chapter 46a, Utah
Administrative Rulemaking Act.
(4) Disability program monies allocated to districts are restricted and shall be spent for the
education of students with disabilities but may include expenditures for approved programs of
services conducted for certified instructional personnel who have students with disabilities in their
classes.
(5) The State Board of Education shall establish and strictly interpret definitions and provide
standards for determining which students have disabilities and shall assist districts in determining
the services that should be provided to students with disabilities.
(6) Each year the board shall evaluate the standards and guidelines that establish the
identifying criteria for disability classifications to assure strict compliance with those standards by
the districts.
(7) Each district shall receive its allocation of monies appropriated in Subsection
53A-17a-111(2) for add-on WPUs for students with disabilities enrolled in regular programs as
provided in this subsection.
(a) The State Board of Education shall use the total number of special education add-on
weighted pupil units used to fund fiscal year 1989-90 as a foundation for the special education
add-on appropriation.
(b) A district's special education add-on WPUs for the current year may not be less than the
foundation special education add-on WPUs.
(8) When monies appropriated under this chapter fund the foundation weighted pupil units,
as outlined in Subsection (7)(a), growth WPUs shall be added to the prior year special education
add-on WPUs, and growth WPUs shall be determined as follows:
(a) The special education student growth factor is calculated by comparing S-3 total special
education ADM of two years previous to the current year to the S-3 total special education ADM

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three years previous to the current year, not to exceed the official October total district growth factor
from the prior year.
(b) When calculating and applying the growth factor, a district's S-3 total special education
ADM for a given year is limited to 12.18% of the district's S-3 total student ADM for the same year.
(c) Growth ADMs are calculated by applying the growth factor in Subsection (8)(a) to the
S-3 total special education ADM of two years previous to the current year.
(d) Growth ADMs for each district in Subsection (8)(c) are multiplied by 1.53 weighted
pupil units and added to the prior year special education add-on WPU to determine each district's
total allocation.
(9) If monies appropriated under this chapter for programs for students with disabilities do
not meet the costs of districts for those programs, each district shall first receive the amount
generated for each student with a disability under the basic program.
Section 4. Section 53A-17a-112 is amended to read:
53A-17a-112. Preschool special education appropriation -- Extended year program
appropriation -- Appropriation for special education programs in state institutions.
(1) Included in the [$125,980,731] $130,477,104 appropriation under Section 53A-17a-111
is:
(a) an amount of [$7,769,358] $8,120,520 for preschool special education programs;
(b) an amount of [$21,017,385] $22,003,272 for self-contained regular WPU special
education programs;
(c) an amount of [$428,049] $441,252 for extended year programs for the severely disabled;
and
(d) an amount of [$2,437,551] $2,517,732 for special education programs in state institutions
and for district impact aid.
(2) (a) The [$7,769,358 (4,338] $8,120,520 (4,380 weighted pupil units) appropriated for
the preschool special education program is allocated to school districts to provide a free, appropriate
public education to preschool students with a disability, ages three through five.
(b) The monies are distributed on the basis of a school district's previous year December 1

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disabled preschool child count as mandated by federal law.
(3) The extended school year program for the severely disabled is limited to students with
severe disabilities with education program goals identifying significant regression and recoupment
disability as approved by the State Board of Education.
(4) (a) The monies appropriated for self-contained regular special education programs may
not be used to supplement other school programs.
(b) Monies in any of the other restricted line item appropriations may not be reduced more
than 2% to be used for purposes other than those specified by the appropriation, unless otherwise
provided by law.
[(5) (a) It is the intent of the Legislature that preschool special education be funded by a
formula which uses current, December 1 child count numbers of 3, 4, and preschool-aged
5-year-olds.]
[(b) (i) The State Board of Education shall develop a formula for funding preschool special
education.]
[(ii) The formula shall use empirical factors that will distribute funds based on services
provided and cost of services.]
[(iii) The formula shall be presented to the Public Education Appropriations Subcommittee
for approval during the Legislature's 1998 Annual General Session.]
[(iv) The formula is to be included as part of the budget request for the fiscal year beginning
July 1, 1998.]
(5) (a) The State Board of Education shall compute preschool funding by a factor of 1.205
times the current December 1 child count of eligible preschool aged three, four, and five-year-olds
times the WPU value, limited to 8% growth over the prior year December 1 count.
(b) The board shall develop guidelines to implement the funding formula for preschool
special education, and establish prevalence limits for distribution of the moneys.
Section 5. Section 53A-17a-113 is amended to read:
53A-17a-113. Weighted pupil units for applied technology education programs --
Funding of approved programs -- Performance measures -- Qualifying criteria.

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(1) There is appropriated to the State Board for Applied Technology Education, hereafter
referred to in this section as the board, [$35,137,629 (19,619] $36,297,612 (19,578 weighted pupil
units) to pay the added instructional costs of approved applied technology education programs.
(a) Included in the [$35,137,629] $36,297,612 appropriation is [$754,011] $780,534 (421
weighted pupil units) for summer applied technology agriculture programs.
(b) These monies are allocated to eligible recipients as provided in Subsections (2), (3), and
(4).
(c) Money appropriated under Subsection 53A-17a-113(1) and any money appropriated for
work-based education may not be used to fund programs below the ninth grade level.
(2) Weighted pupil units are computed for pupils in approved programs.
(a) The board shall fund approved programs based upon hours of membership of 9th through
12th grade students.
(b) The board shall use an amount not to exceed 20% of the total appropriation under this
section to fund approved programs based on performance measures such as placement and
competency attainment defined in standards set by the board for districts to qualify for applied
technology funding.
(c) Leadership organization funds shall constitute an amount not to exceed 1% of the total
appropriation under this section, and shall be distributed to each local educational agency sponsoring
applied technology student leadership organizations in a ratio representing the agency's share of the
state's total membership in those organizations.
(d) The board shall make the necessary calculations for distribution of the appropriation to
school districts and may revise and recommend changes necessary for achieving equity and ease of
administration.
(3) (a) Twenty weighted pupil units [are] shall be computed for each district, or 25 weighted
pupil units may be computed for each district that consolidates applied technology administrative
services with one or more other districts.
(b) Between 10 and 25 weighted pupil units shall be computed for each high school
conducting approved applied technology education programs in a district according to standards

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established by the board.
(c) Forty weighted pupil units shall be computed for each district that operates an approved
district applied technology center.
(d) Between five and seven weighted pupil units shall be computed for each summer applied
technology agriculture program according to standards established by the board.
(e) The board shall, by rule, establish qualifying criteria for districts to receive weighted
pupil units under Subsection (3).
(4) (a) All monies allocated under Subsection (1) are computed by using average daily
membership in approved programs for the previous year.
(b) A district that has experienced student growth in grades 9 through 12 for the previous
year shall have the growth factor applied to the previous year's weighted pupil units when calculating
the allocation of monies under this subsection.
(5) (a) The board shall establish rules for the upgrading of high school applied technology
education programs.
(b) The rules shall reflect technical training and actual marketable job skills in society.
(c) The rules shall include procedures to assist school districts to convert existing programs
which are not preparing students for the job market into programs that will accomplish that purpose.
(6) Programs that do not meet board standards may not be funded under this section.
Section 6. Section 53A-17a-116 is amended to read:
53A-17a-116. Weighted pupil units for applied technology set-aside programs.
(1) There is appropriated to the State Board for Applied Technology Education [$1,785,627
(997] $1,844,730 (995 weighted pupil units) for an applied technology set-aside program.
(2) Applied technology set-aside funds appropriated to the board are allocated by Request
for Proposal (RFP) to provide a district minimum payment for applied technology education.
(3) Each district shall receive a guaranteed minimum allocation.
(4) The set-aside funds remaining after the initial minimum payment allocation are
distributed by an RFP process to help pay for equipment costs necessary to initiate new programs
and for high priority programs as determined by labor market information.

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Section 7. Section 53A-17a-119 is amended to read:
53A-17a-119. Weighted pupil units for adult education programs.
(1) There is appropriated to the State Board of Education [$6,150,294 (3,434] $6,353,658
(3,427 weighted pupil units) for allocation to local school boards for adult education programs,
consisting of adult high school completion and adult basic skills programs.
(2) Each district shall receive its pro rata share of the appropriation for adult high school
completion programs based on the number of people listed in the latest official census who are over
18 years of age and who do not have a high school diploma and prior year participation.
(3) On February 1 of each school year, the State Board of Education shall recapture monies
not used for an adult high school completion program for reallocation to districts that have
implemented programs based on need and effort as determined by the State Board of Education.
(4) To the extent of monies available, school districts shall provide programs to adults who
do not have a diploma and who intend to graduate from high school, with particular emphasis on
homeless individuals who are seeking literacy and life skills.
(5) Overruns in adult education in any district may not reduce the value of the weighted
pupil unit for this program in another district.
(6) The board shall provide the Legislature with a recommendation as to if and when any
fees should be charged for participation in the adult high school completion programs funded under
this section.
(7) School districts shall spend money on adult basic skills programs according to standards
established by the State Board of Education.
Section 8. Section 53A-17a-120 is amended to read:
53A-17a-120. Weighted pupil units for accelerated learning programs.
(1) There is appropriated to the State Board of Education [$5,392,701 (3,011] $7,162,002
(3,863 weighted pupil units) for allocation to local school boards for accelerated learning programs
in grades one through 12, which include programs for the gifted and talented, concurrent enrollment,
and advanced placement.
(2) (a) A school participating in the concurrent enrollment programs offered under Section

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53A-15-101 shall receive on a per student basis up to $33.33 per quarter hour or $50 per semester
hour for each hour of higher education course work undertaken at the school.
(b) The concurrent enrollment component of the appropriation under Subsection (1) and the
appropriation under Subsection (4) are the revenue source for the Subsection (2)(a) payments.
(c) Each year the amounts specified in Subsection (2)(a) shall be adjusted in proportion to
the increase in the value of the weighted pupil unit from the prior year established in Subsection
53A-17a-103(1).
(3) (a) Districts shall spend monies for these programs according to standards established
by the State Board of Education in accordance with Title 63, Chapter 46a, Utah Administrative
Rulemaking Act.
(b) The State Board of Education shall develop uniform and consistent policies for school
districts to follow in utilizing advanced placement and concurrent enrollment monies.
[(4) In addition to the appropriation under Subsection (1), there is appropriated for the fiscal
year beginning July 1, 1997, $571,329 (319 weighted pupil units) for concurrent enrollment
programs.]
Section 9. Section 53A-17a-121 is amended to read:
53A-17a-121. Weighted pupil units for youth at risk programs.
(1) There is appropriated to the State Board of Education [$15,064,101 (8,411] $17,898,516
(9,654 weighted pupil units) for allocation to local school boards for youth at risk programs,
including the following:
(a) youth in custody;
(b) teenage pregnancy;
(c) homeless and minority students;
(d) mathematics, engineering, and science achievement programs; and
(e) gang prevention.
(2) Districts shall spend monies for these programs according to standards established by
the State Board of Education in accordance with Title 63, Chapter 46a, Utah Administrative
Rulemaking Act.

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(3) (a) From the amount appropriated for youth at risk programs, the board shall allocate
moneys for teenage pregnancy prevention programs to school districts on the basis of a district's total
number of students enrolled in classes as of October 1 that teach a curriculum of teenage pregnancy
prevention as compared to the total number of students enrolled in such programs in school districts
throughout the state.
(b) The teenage pregnancy programs funded under this subsection shall require written
consent from parents or guardians for student participation, involve parents or guardians of
participating students in a substantial and consistent manner, and comply with the requirements of
Sections 76-7-321 through 76-7-325.
(c) To qualify for participation in the program, a district shall demonstrate to the state board
through prior research and pilot studies with similar student populations that those students attained
and retained knowledge, values, attitudes, and behaviors that promote abstinence from sexual
activity before marriage, and that the students had a lower pregnancy rate than comparison groups
that did not participate in the program.
(d) Further qualification requires approval by the local board and state board of all teaching
materials, handouts, media materials, audiovisual materials, textbooks, curriculum materials, and
course outlines to be used in the program.
(e) The state board may not use a district's participation in the teenage pregnancy program
as an offset against the district's historical proportionate share of the remaining fund balance.
(f) A school district may spend any additional moneys allocated for teenage pregnancy
prevention programs as long as the programs comply with the guidelines established in Subsections
(3)(b), (c), and (d), if the need for such a program is greater than the allocation received under
Subsection (a).
(4) (a) From the amount appropriated for youth at risk programs, the board shall allocate
moneys to school districts for homeless and minority students.
(b) Each district shall receive its allocation on the basis of:
(i) the total number of homeless students in the district;
(ii) added to 50% of the number of minority students in the district;

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(iii) multiplying the total of Subsections (i) and (ii) by the value of the weighted pupil unit;
and
(iv) prorating the amount under Subsection (iii) to the amount in Subsection (4)(a).
(5) (a) From the amount appropriated for youth at risk programs, the board shall allocate
moneys for mathematics, engineering, and science achievement programs, MESA programs, in the
districts.
(b) The board shall make the distribution to school districts on a competitive basis by
application under guidelines established by the board.
(6) (a) From the amount appropriated for youth at risk programs, the board shall distribute
moneys for gang prevention programs at the district or school level.
(b) The board shall make the distribution to school districts under guidelines established by
the board consistent with Section 53A-15-601.
[(c) In addition to the appropriation under Subsection (1), there is appropriated for the fiscal
year beginning July 1, 1997, $327,753 (183 weighted pupil units) for gang prevention programs at
the district or school level.]
(7) (a) From the amount appropriated for youth at risk programs, the board shall distribute
moneys for programs for youth in custody.
(b) The board shall allocate these moneys to school districts which operate programs for
youth in custody in accordance with standards established by the board.
[(c) In addition to the appropriation under Subsection (1), there is appropriated for the fiscal
year beginning July 1, 1997, $274,023 (153 weighted pupil units) for youth in custody programs
operated by school districts.]
Section 10. Section 53A-17a-123 is amended to read:
53A-17a-123. State contribution for the local program.
(1) There is appropriated to the State Board of Education [$20,847,240 (11,640] $21,536,064
(11,616 weighted pupil units) for allocation to school districts for the local program on the basis of
each district's prior year weighted pupil units for grades K-12 and necessarily existent small schools.
(2) As an exception to Section 53A-17a-136 these monies may be used for the following

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purposes:
(a) maintenance and operation costs;
(b) capital outlay and debt service; or
(c) a combination of maintenance and operation costs and capital outlay and debt service.
Section 11. Section 53A-17a-124 is amended to read:
53A-17a-124. State contributions to career ladders -- Distribution of appropriation --
Performance bonus.
(1) There is appropriated to the State Board of Education [$43,780,995 (24,445] $45,226,476
(24,394 weighted pupil units) for career ladders for distribution to school districts in accordance with
career ladder guidelines provided by the state board and Title 53A, Chapter 9.
(a) The state board shall distribute the appropriation, upon application, to each local school
board by a formula based on the average of equal weighting considerations for:
(i) a district's prior year average daily membership;
(ii) the total number of teachers employed by a district during the prior year; and
(iii) weighted pupil units allocated to the district.
(b) The Legislature shall provide for an annual adjustment in the career ladder appropriation
in proportion to:
(i) the increase in the value of the weighted pupil unit established in this chapter; and
(ii) the increase in the number of students in the state over the prior year.
(2) Each school district participating in the career ladder program may spend career ladder
monies:
(a) to pay a performance bonus to teachers judged by the district as being outstanding in
regular classroom performance;
(b) (i) for additional nonteaching days for teachers to devote to curriculum development,
inservice training, preparation, and related activities;
(ii) a local board of education may specifically use from the career ladder appropriation an
amount equivalent to $300 per eligible teacher per year for approved inservice costs, for daily
stipends, for per diem expenses, and for eligible teacher trainers; and

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(c) for negotiated additional teacher compensation for extending the length of the
instructional day or the number of instructional days.
Section 12. Section 53A-17a-124.1 is amended to read:
53A-17a-124.1. State contribution for staff development -- Training on personalized
education plans.
(1) There is appropriated to the State Board of Education [$1,001,230 to provide inservice
instruction to] $1,474,127 for staff development for school teachers, including instruction in methods
which incorporate the revised mathematics and science core curriculum, the use of technology as an
instructional tool, and the development of teacher skills in the use of new assessment tools that
demonstrate student competency.
(2) The board shall use the appropriation to improve access to schooling for all students by
training teachers to provide a personalized education plan to meet the needs of each child.
Section 13. Section 53A-17a-124.5 is amended to read:
53A-17a-124.5. Appropriation for class size reduction.
(1) There is appropriated to the State Board of Education [$46,311,678 (25,858] $47,840,616
(25,804 weighted pupil units) to reduce the average class size in kindergarten through the [fourth]
sixth grade in the state's public schools.
(2) (a) Except as provided in Subsection (b), each district shall receive its allocation based
upon prior year average daily membership in kindergarten through grade six plus growth as
determined under Subsection 53A-17a-106(3) as compared to the state total.
(b) The State Board of Education shall distribute [18%] 12% of the appropriation to school
districts based upon a formula developed by the board that takes into account:
(i) a school district's ability to raise money for growth and accompanying capital facility
needs;
(ii) need as reflected by:
(A) the current number of students in the affected grades in the district who are in alternative
housing; and
(B) growth in the affected grades both within the district and compared to the state as a

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whole; and
(iii) the school district's past and present effort to raise money and to construct new or to
better utilize existing facilities through scheduling or delivery systems in order to deal with class size
reduction.
(c) The formula used to distribute moneys under Subsection (2)(b) shall be phased out as
follows:
(i) [18%] 12% of the moneys shall be distributed by the formula for the fiscal year beginning
July 1, [1997] 1998;
(ii) the formula percentage shall decrease to [12%] 5% for the fiscal year beginning July 1,
[1998] 1999; and
[(iii) the formula percentage shall decrease to 5% for the fiscal year beginning July 1, 1999;
and]
[(iv)] (iii) the formula distribution shall be totally eliminated for the fiscal year beginning
July 1, 2000.
(3) (a) A district may use its allocation to reduce class size in any one or all of the grades
referred to under this section, except as otherwise provided in Subsection (3)(b).
(b) (i) Each district shall use 50% of its allocation to reduce class size in any one or all of
grades kindergarten through grade two, with an emphasis on improving student reading skills.
(ii) If a district's average class size is below 18 in grades kindergarten through two, it may
petition the state board for, and the state board may grant, a waiver to use its allocation under
Subsection (3)(b)(i) for class size reduction in the other grades.
(4) Schools may use nontraditional innovative and creative methods to reduce class sizes
with this appropriation and may use part of their allocation to focus on class size reduction for
specific groups, such as at risk students, or for specific blocks of time during the school day.
(5) (a) A school district may use up to 20% of its allocation under Subsection (1) for capital
facilities projects if such projects would help to reduce class size.
(b) If a school district's student population increases by 5% or 700 students from the
previous school year, the school district may use up to 50% of any allocation it receives under this

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section for classroom construction.
(6) This appropriation is to supplement any other appropriation made for class size
reduction.
(7) (a) The State Board of Education shall compile information on class size, both in average
student-teacher ratios and in actual number of students enrolled in each classroom by grade level for
elementary grades and by subject matter for secondary grades.
(b) The State Board of Education shall establish uniform class size reporting rules among
districts.
(c) Provisions may be made for explaining special circumstances where class size exceeds
or is below normal distributions.
(8) (a) Each school district shall provide the State Board of Education with an annual
accounting of how its allocation was used for class size reduction during the school year.
(b) The state superintendent of public instruction shall provide the Legislature and the
governor with an annual report on the program's progress and success, including the information
received under Subsection (8)(a).
(9) The Legislature shall provide for an annual adjustment in the appropriation authorized
under this section in proportion to the increase in the number of students in the state in kindergarten
through grade six.
Section 14. Section 53A-17a-126 is amended to read:
53A-17a-126. State support of pupil transportation -- Incentives to increase economy
and productivity in student transportation.
(1) The state's contribution of [$47,348,900] $49,297,947 for state-supported transportation
of public school students is apportioned and distributed in accordance with Section 53A-17a-127,
except as otherwise provided in this section.
[(2) (a) The board shall deduct an amount of not less than $1,397,000 prior to any
apportionment or distribution under Subsection (1) and allocate the money to the Utah Schools for
the Deaf and the Blind to pay transportation costs of the schools' students.]
[(b) The Utah Schools for the Deaf and the Blind shall use these moneys to pay for

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transportation of students based on current valid contracted arrangements and best transportation
options and methods as determined by the schools.]
[(c) It is the intent of the Legislature that all student transportation costs of the Utah Schools
for the Deaf and the Blind shall be paid from the allocation made under this Subsection (2).]
(2) (a) Included in the $49,297,947 is an amount not less than $1,397,000 to be deducted
prior to any other distribution under this section to school districts, and allocated to the Utah Schools
for the Deaf and the Blind to pay transportation costs of the schools' students.
(b) The Utah Schools for the Deaf and the Blind shall utilize these funds to pay for
transportation of their students based on current valid contractual arrangements and best
transportation options and methods as determined by the schools.
(c) All student transportation costs of the schools shall be paid from the allocation received
under Subsection (2).
(3) Each district shall receive its approved transportation costs, except that if during the
fiscal year the total transportation allowance for all districts exceeds the amount appropriated, all
allowances shall be reduced pro rata to equal not more than that amount.
[(4) The state's contribution for transportation includes $118,600 for the extended school
year program for the severely disabled, limited to severely disabled students with education program
goals identifying significant regression/recoupment disability as approved by the State Board of
Education.]
[(5)] (4) Included in the [$47,348,900] $49,297,947 appropriation is an amount of $187,000
for transportation of students, as approved by the state board, for school districts that consolidate
schools, implement double session programs at the elementary level, or utilize other alternatives to
building construction that require additional student transportation.
[(6)] (5) (a) Part of the state's contribution for transportation, not to exceed $200,000, may
be used as an incentive for districts to increase economy and productivity in student transportation.
(b) This amount is distributed on a pro rata basis among districts which have achieved the
most efficiency according to the state formula.
(c) Districts receiving the incentive funding may expend the monies at the discretion of the

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local school board.
[(7)] (6) (a) Local school boards shall provide salary adjustments to employee groups that
work with the transportation of students comparable to those of classified employees authorized
under Section 53A-17a-137, when dividing the weighted pupil unit for salary adjustment purposes.
(b) The State Board of Education shall conduct a study to evaluate the reimbursement system
of funding for pupil transportation with emphasis on looking at methodologies that will provide
incentives for districts that will encourage economical practices.
Section 15. Section 53A-17a-128 is amended to read:
53A-17a-128. Contingency fund for State Board of Education -- Laboratory school at
Utah State University.
(1) There is appropriated to the State Board of Education from the total amount of state
funds listed in Section 53A-17a-104 [$623,000] $421,692 as a contingency fund to do the following:
(a) stabilize the value of the weighted pupil unit;
(b) maintain program levels in districts that may experience unanticipated and unforeseen
losses of students;
(c) equalize programs in districts where a strict application of the law provides inequity;
(d) pay the added costs when Utah students attend school out of state; and
(e) assist in the operation of the laboratory school at Utah State University, including the
allocation of monies for a teacher career ladder program at the school.
(2) The State Board of Education shall make a strict accounting of these funds and return
any unused part to the Uniform School Fund at the close of each fiscal year.
(3) The state's contribution to the State Board of Education for the laboratory school at Utah
State University is a part of the contingency fund.
(4) The contribution shall be used to promote programs at the school.
(5) (a) There is established an advisory board for the school consisting of the following:
[(a)] (i) the president of Utah State University or his designee;
[(b)] (ii) the state superintendent of public instruction or his designee;
[(c)] (iii) the dean of the College of Education at Utah State University or his designee;

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[(d)] (iv) a local superintendent of schools;
[(e)] (v) a staff member from the office of the State Board of Education;
[(f)] (vi) a staff member from a local school board;
[(g)] (vii) a staff member from the College of Education at Utah State University; and
[(h)] (viii) two lay citizens noted for their contribution to the improvement of education.
(b) The advisory board members in Subsections [(d)] (a)(iv) through [(h)] (viii) are
appointed by the State Board of Education for terms specified by that body.
Section 16. Section 53A-17a-129 is amended to read:
53A-17a-129. State contribution for incentives for excellence.
(1) The state's contribution of [$619,800] $618,498 for the incentives for excellence program
for the fiscal year beginning July 1, [1997] 1998, is appropriated to the State Board of Education for
distribution to school districts according to guidelines established by the board.
(2) A school district shall use its allocation to promote a strong partnership between public
education and private enterprise, to seek additional financial support from the business community,
and to enhance its educational excellence.
(3) School districts are encouraged under this program to develop projects that rely on
matching private and public monies to promote educational excellence.
Section 17. Section 53A-17a-130 is amended to read:
53A-17a-130. State contribution to regional service centers.
The state's contribution of [$799,500] $1,084,495 for regional service centers is appropriated
to the State Board of Education for distribution according to guidelines established by the board.
Section 18. Section 53A-17a-131.1 is amended to read:
53A-17a-131.1. State contribution to the educational technology initiative.
(1) The state's contribution of [$6,419,162] $8,505,682 for maintaining the educational
technology initiative programs is appropriated to the State Board of Education for distribution
according to rules adopted by the board consistent with Title 53A, Chapter 1, Part 7, Educational
Technology Programs.
(2) Monies received under this section may be used to maintain existing programs and for

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inservice programs required to implement the technology.
(3) Each school district shall develop a comprehensive inservice plan and report
expenditures for teacher training to the State Office of Education.
Section 19. Section 53A-17a-131.2 is amended to read:
53A-17a-131.2. State contribution to highly impacted schools program.
The state's contribution of [$4,975,000] $5,404,553 for the Highly Impacted Schools
Program is appropriated to the State Board of Education for distribution according to the formula
adopted by the board under Section 53A-15-701, which authorizes the Highly Impacted Schools
Program.
Section 20. Section 53A-17a-131.3 is amended to read:
53A-17a-131.3. State contributions to the school nurses program.
The state's contribution of [$350,000] $399,265 for the school nurses program is appropriated
to the State Board of Education for distribution according to guidelines established by the board.
Section 21. Section 53A-17a-131.4 is amended to read:
53A-17a-131.4. State contribution to Alternative Language Services Program.
(1) The state's contribution of [$2,350,000] $2,845,065 for an Alternative Language Services
Program is appropriated to the State Board of Education as a funding base for school districts to
meet the limited-English-proficient and second language acquisition needs of Utah's language
minority student population.
(2) The board shall allocate the appropriation to school districts based on submission of
competitive grant applications and compliance with qualifying criteria established by the state board
pursuant to its rulemaking authority.
Section 22. Section 53A-17a-131.5 is amended to read:
53A-17a-131.5. State contribution for the Centennial Schools Program.
The state's contribution of [$2,649,000] $1,143,437 for the Centennial Schools Program is
appropriated to the State Board of Education to distribute under Section 53A-1a-303.
Section 23. Section 53A-17a-131.6 is amended to read:
53A-17a-131.6. State contribution to Character Education Program.

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(1) The state's contribution of [$550,000] $400,000 for a Character Education Program for
the fiscal year beginning July 1, [1997] 1998, is appropriated to the State Board of Education for
distribution to school districts according to rules adopted by the state board.
(2) School districts shall use the appropriation primarily for implementing curriculum within
the classroom that provides for the direct instruction of students.
(3) Character education monies shall also be used to provide inservice training to teachers
on the use and teaching of character education materials and to acquaint teachers with the
requirements in the Utah Constitution and state statutes to teach qualities of character.
(4) Character education programs are to be systematic and comprehensive in their approach
and include student materials, parental involvement, and teacher training.
(5) The principles taught, such as integrity, social responsibility, and the importance of the
work ethic should be designed to help students avoid high risk behaviors and learn to function as
caring, productive citizens in society.
(6) The State Office of Education shall assist districts and teachers in providing and
recommending character education curriculum to students that meets the guidelines referred to in
this section.
(7) Proposals in which parents are involved with educators in all phases of the design,
implementation, and evaluation of school and district programs shall be given highest priority.
Section 24. Section 53A-17a-131.8 is amended to read:
53A-17a-131.8. State contribution to the Comprehensive Guidance Program.
(1) The state's contribution of [$4,936,150] $6,900,784 for a Comprehensive Guidance
Program is appropriated to the State Board of Education for distribution to school districts as
follows:
(a) the board shall distribute the appropriation to districts to be used at their secondary
schools in grades 7-12, with the following priority:
(i) grades 9-12; and
(ii) grades 7-8 for those schools which meet program standards, to provide a guidance
curriculum and individual educational/occupational program for each student at the school;

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(b) each school shall meet qualification criteria established by rules made by the State Board
of Education in order to receive moneys under this program; and
(c) the appropriation shall also be used to provide responsive services and eliminate
nonguidance activities currently being performed by counselors.
(2) (a) It is anticipated that under this program counselors will increase direct services to
students to involve at least 80% of the counselors' time and that districts shall document this with
onsite review teams.
(b) Districts shall provide training to their secondary teachers on their role in assisting in the
development and implementation of SEOPs.
(3) The state superintendent of public instruction shall:
(a) prepare an inventory of working SEOPs for networking with schools throughout the
state; and
(b) monitor the program and provide an annual report on its progress and success.
Section 25. Section 53A-17a-131.9 is amended to read:
53A-17a-131.9. State contribution to agencies coming together for children and youth
at risk.
(1) There is appropriated [$1,260,613] $1,257,966 to the State Board of Education to
implement Title 63, Chapter 75, Families, Agencies, and Communities Together for Children and
Youth At Risk Act.
(2) Participation in the at risk programs funded under this section shall require consent from
a parent or legal guardian for the participant to receive initial or continuing services under the
program.
(3) A participant's parent or legal guardian shall be actively involved in the program and all
applicable state and federal laws and regulations shall be observed by the entities and individuals
providing the services.
(4) The board shall use the appropriation to experiment on a community full-service delivery
system level to provide data on the merits of moving the concept to a fully implemented statewide
system.

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Section 26. Section 53A-17a-132 is amended to read:
53A-17a-132. Experimental and developmental programs.
(1) The state's contribution of [$5,306,900] $6,045,756 for experimental and developmental
programs is appropriated to the State Board of Education for distribution to school districts as
follows:
(a) the board shall distribute the first part, 34% of the appropriation, equally among the
state's 40 school districts;
(b) the board shall distribute the second part, 41% of the appropriation, to each district on
the basis of its kindergarten through grade 12 average daily membership for the prior year as
compared to the prior year state total kindergarten through grade 12 average daily membership; and
(c) the board shall distribute 25% of the appropriation pursuant to standards established by
the board in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
(2) (a) A school district may fund a new experimental or developmental program with
monies appropriated under Subsection (1) for a maximum of three consecutive years.
(b) After the third year, the district shall either fund the program with regular ongoing
program monies or terminate the program.
(3) (a) The State Board of Education shall allocate $100,000 of the
experimental-developmental appropriation for programs to improve the efficiency of classified
employees in the public schools.
(b) The programs should include training components, classified staffing formulas, and
preventative maintenance formulas.
(4) (a) The State Board of Education shall allocate $584,900 of the appropriation for the
planning, development, and implementation of alternative experimental pilot programs, using
certificated teachers, which are cooperative ventures that have demonstrated support of parents, the
recognized teachers' organization, administrators, and students.
(b) The State Board of Education shall select schools for the pilot programs by a grant
process using selection criteria developed by the state board.
(5) Models for experimental activities similar to the nine district consortium activities are

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permissible under the experimental and developmental appropriation.
[(6) If this bill and H.B. 35, Accelerated Learning Amendments, both pass, it is the intent
of the Legislature that a portion of the moneys appropriated under this section be used to fund H.B.
35.]
Section 27. Section 53A-17a-135 is amended to read:
53A-17a-135. Certified revenue levy.
(1) (a) In order to qualify for receipt of the state contribution toward the basic program and
as its contribution toward its costs of the basic program, each school district shall impose a minimum
basic tax rate per dollar of taxable value that generates [$171,589,730] $175,959,630 in revenues
statewide.
(b) The preliminary estimate for the [1997-98] 1998-99 tax rate is [.002014] .001858.
(c) The State Tax Commission shall certify on or before June 22 the rate that generates
[$171,589,730] $175,959,630 in revenues statewide.
(d) If the minimum basic tax rate exceeds the certified revenue levy as defined in Section
59-2-102, the state is subject to the notice requirements of Section 59-2-926.
(e) For the calendar year beginning on January 1, 1998, and ending December 31, 1998, the
certified revenue levy shall be increased by the amount necessary to offset the decrease in revenues
from uniform fees on tangible personal property under Section 59-2-405 as a result of the decrease
in uniform fees on tangible personal property under Section 59-2-405 enacted by the Legislature
during the 1997 Annual General Session.
(2) (a) The state shall contribute to each district toward the cost of the basic program in the
district that portion which exceeds the proceeds of the levy authorized under Subsection (1).
(b) In accord with the state strategic plan for public education and to fulfill its responsibility
for the development and implementation of that plan, the Legislature instructs the State Board of
Education, the governor, and the Office of Legislative Fiscal Analyst in each of the coming five
years to develop budgets that will fully fund student enrollment growth.
(3) (a) If the proceeds of the levy authorized under Subsection (1) equal or exceed the cost
of the basic program in a school district, no state contribution shall be made to the basic program.

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(b) The proceeds of the levy authorized under Subsection (1) which exceed the cost of the
basic program shall be paid into the Uniform School Fund as provided by law.
Section 28. Section 53A-21-105 is amended to read:
53A-21-105. State contribution to capital outlay programs.
(1) The state contribution toward the cost of the programs established under Section
53A-21-102 for the fiscal year beginning July 1, [1997] 1998, shall consist of an appropriation
totaling [$26,358,000 from the Uniform School Fund] $30,858,000 to the State Board of Education,
$28,358,000 from the Uniform School Fund and a one-time transfer of $2,500,000 from the
remaining balance in the Minimum School Program Act for the fiscal year ended June 30, 1997.
(2) Notwithstanding Subsection 53A-21-103(3)(a), it is the intent of the Legislature that the
$2,500,000 appropriated from transfers shall be used only for the Capital Outlay Equalization
Program.
Section 29. One-time appropriations.
(1) In addition to the contributions and appropriations set out in Title 53A, Chapter 17a,
Minimum School Program Act, for the fiscal year beginning July 1, 1998, there is appropriated from
either the Uniform School Fund or the remaining balance in the Minimum School Program for the
fiscal year ended June 30, 1997, to the State Board of Education for distribution to school districts
for the fiscal year beginning July 1, 1998, $16,200,000 in one-time moneys as follows:
(a) $500,000 for applied technology education school district equipment from the remaining
balance in the Minimum School Program Act;
(b) $750,000 for concurrent enrollment accelerated learning programs from the Uniform
School Fund;
(c) $500,000 for pupil transportation to and from school, based on distribution factors
provided in Section 53A-17a-127, appropriated from the Uniform School Fund;
(d) $5,500,000 for the Educational Technology Initiative, with $2,500,000 of the
appropriation coming from the Uniform School Fund and $3,000,000 coming from the remaining
balance in the Minimum School Program Act;
(e) $6,300,000 for textbooks and supplies from the remaining balance in the Minimum

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School Program Act;
(f) $2,250,000 for school library media collections from the remaining balance in the
Minimum School Program Act; and
(g) $400,000 for math and science equipment from the remaining balance in the Minimum
School Program Act.
(2) (a) There is appropriated from the Uniform School Fund for the fiscal year beginning
July 1, 1998, $500,000 in one-time moneys to the State Board of Education to fund the Computers
for Public Schools Pilot Program established under Section 53A-1-707.
(b) It is the intent of the Legislature that if the pilot program is successful, the Legislature
shall consider providing ongoing funding for its continuance in the 1999 General Session.
Section 30. Intent language.
(1) It is the intent of the Legislature that the remaining balances in the Minimum School
Program for the fiscal year ended June 30, 1997, remain nonlapsing and that $15,450,000 of the
amount be expended as allocated by the 1998 Legislature in one-time appropriations for the
Minimum School Program, School Building Program, and Custom Fit Training Programs.
(2) It is the intent of the Legislature that the remaining balances in the Minimum School
Program for the fiscal year ended June 30, 1997, remain nonlapsing and that $2,500,000 of the
amount be transferred and expended as allocated by the 1998 Legislature as a one-time appropriation
for the Capital Outlay Equalization School Building Program.
(3) (a) It is the intent of the Legislature that the State Board of Education monitor the
instruction given utilizing Character Education moneys to insure compliance with Section
53A-13-101.
(b) It is the further intent of the Legislature that the State Board of Education study ways for
local control of such curriculum that will allow for emphasis on prevailing community standards for
teaching Character Education and report its findings and recommendations to the 1999 Legislature.
(c) It is the intent of the Legislature that the State Office of Education give consideration to
possible options of moving Character Education moneys into a general program category that allows
for more local funding flexibility.

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(4) It is the intent of the Legislature that each school district evaluate its outdoor athletic
facilities and upgrade the facilities as funds permit.
Section 31. Repealer.
This act repeals:
Section 53A-17a-131.10, State contribution to sign language education.
Section 32. Effective date.
This act takes effect on July 1, 1998.

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