S.B. 3

1

MINIMUM SCHOOL PROGRAM ACT
2 AMENDMENT
3 1998 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Robert F. Montgomery
6 AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING FOR STATE AND LOCAL
7 FUNDING OF THE MINIMUM SCHOOL PROGRAM ACT; PROVIDING A CEILING FOR
8 THE STATE CONTRIBUTION OF THE MAINTENANCE AND OPERATION PORTION
9 OF THE ACT NOT TO EXCEED $1,398,982,182; ESTABLISHING THE VALUE OF THE
10 WEIGHTED PUPIL UNIT AT $1,854; ESTABLISHING DISTRIBUTION FORMULAS;
11 PROVIDING A $30,858,000 APPROPRIATION FOR SCHOOL BUILDING AID; AND
12 PROVIDING AN EFFECTIVE DATE.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 53A-17a-103, as last amended by Chapter 274, Laws of Utah 1997
16 53A-17a-104, as last amended by Chapter 274, Laws of Utah 1997
17 53A-17a-111, as last amended by Chapter 274, Laws of Utah 1997
18 53A-17a-112, as last amended by Chapter 274, Laws of Utah 1997
19 53A-17a-113, as last amended by Chapter 274, Laws of Utah 1997
20 53A-17a-116, as last amended by Chapter 274, Laws of Utah 1997
21 53A-17a-119, as last amended by Chapter 274, Laws of Utah 1997
22 53A-17a-120, as last amended by Chapter 274, Laws of Utah 1997
23 53A-17a-121, as last amended by Chapter 274, Laws of Utah 1997
24 53A-17a-123, as last amended by Chapter 274, Laws of Utah 1997
25 53A-17a-124, as last amended by Chapter 274, Laws of Utah 1997
26 53A-17a-124.1, as last amended by Chapter 274, Laws of Utah 1997
27 53A-17a-124.5, as last amended by Chapter 274, Laws of Utah 1997

1 53A-17a-126, as last amended by Chapter 274, Laws of Utah 1997
2 53A-17a-128, as last amended by Chapter 274, Laws of Utah 1997
3 53A-17a-129, as last amended by Chapter 274, Laws of Utah 1997
4 53A-17a-130, as last amended by Chapter 274, Laws of Utah 1997
5 53A-17a-131.1, as last amended by Chapter 274, Laws of Utah 1997
6 53A-17a-131.2, as last amended by Chapter 274, Laws of Utah 1997
7 53A-17a-131.3, as repealed and reenacted by Chapter 274, Laws of Utah 1997
8 53A-17a-131.4, as last amended by Chapter 274, Laws of Utah 1997
9 53A-17a-131.5, as last amended by Chapter 274, Laws of Utah 1997
10 53A-17a-131.6, as last amended by Chapter 274, Laws of Utah 1997
11 53A-17a-131.8, as last amended by Chapter 274, Laws of Utah 1997
12 53A-17a-131.9, as last amended by Chapter 274, Laws of Utah 1997
13 53A-17a-132, as last amended by Chapter 274, Laws of Utah 1997
14 53A-17a-135, as last amended by Chapters 274 and 388, Laws of Utah 1997
15 53A-21-105, as last amended by Chapter 274, Laws of Utah 1997
16 REPEALS:
17 53A-17a-131.10, as last amended by Chapter 274, Laws of Utah 1997
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 53A-17a-103 is amended to read:
20 53A-17a-103. Definitions.
21 As used in this chapter:
22 (1) "Basic state-supported school program" or "basic program" means public education
23 programs for kindergarten, elementary, and secondary school students that are operated and
24 maintained for the amount derived by multiplying the number of weighted pupil units for each
25 district by [$1,791] $1,854, except as otherwise provided in this chapter.
26 (2) "Certified revenue levy" means a property tax levy that provides the same amount of
27 ad valorem property tax revenue as was collected for the prior year, plus new growth, but exclusive
28 of revenue from collections from redemptions, interest, and penalties.
29 (3) "Leeway program" or "leeway" means a state-supported voted leeway program or
30 board leeway program authorized under Section 53A-17a-133 or 53A-17a-134.
31 (4) "Pupil in average daily membership (ADM)" means a full-day equivalent pupil.

- 2 -

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

- 3 -

1 (E) for regional service centers;
2 (F) for the educational technology initiative program;
3 (G) for a school nurse program;
4 (H) for the centennial schools program;
5 (I) for a comprehensive guidance program;
6 (J) for families, agencies, and communities together for children and youth at risk
7 programs;
8 (K) for experimental and developmental programs;
9 (L) for alternative language services programs;
10 (M) for highly impacted schools; and
11 (N) for character education programs; and
12 [(O) for sign language education; and]
13 (vii) the cost of a leeway program.
14 (d) The program includes school construction aid programs authorized under Title 53A,
15 Chapter 21, Public Education Capital Outlay Act.
16 (6) "Weighted pupil unit or units" means the unit of measure of factors that is computed
17 in accordance with this chapter for the purpose of determining the costs of a program on a uniform
18 basis for each district.
19 Section 2. Section 53A-17a-104 is amended to read:
20 53A-17a-104. Amount of state's contribution toward minimum school program.
21 (1) The total contribution of the state toward the cost of the operation and maintenance
22 portion of the minimum school program, as provided and defined in Section 53A-17a-103, may
23 not exceed the sum of [$1,344,401,192] $1,398,982,182 for the [1997-98] 1998-99 school year,
24 except as otherwise provided by the Legislature through supplemental appropriations.
25 (2) It is intended that the funds provided are for the following purposes and in the
26 following amounts:
27 Estimated State and
28 Estimated Local Funds at [$1,791] $1,854
29 Weighted Purpose Per Weighted
30 Pupil Units State Contribution Pupil Unit
31 [19,379] 19,443 Basic program - kindergarten. [$34,707,789] $36,047,322

- 4 -

1 [430,342] 430,531 Basic program - grades 1-12. [$770,742,522] $798,204,474
2 [41,610] 41,635 Basic program - professional staff. [$74,523,510] $77,191,290
3 1,655 Basic program - administrative costs. [$2,964,105] $3,068,370
4 5,494 Basic program - necessarily existent small [$9,839,754] $10,185,876
5 schools and units for consolidated schools.
6 [52,668] 52,532 Special education - regular program [$94,328,388] $97,394,328
7 - add-on WPUs for students with disabilities.
8 [4,338] 4,380 Preschool Special Education Program. [$7,769,358] $8,120,520
9 [11,735] 11,868 Self-contained regular WPUs. [$21,017,385] $22,003,272
10 [239] 238 Extended year program for severely disabled. [$428,049] $441,252
11 [1,361] 1,358 Special education - state programs. [$2,437,551] $2,517,732
12 [19,619] 19,578 Applied technology and technical education [$35,137,629] $36,297,612
13 district programs.
14 [997] 995 Applied technology district set-aside. [$1,785,627] $1,844,730
15 [8,747] 9,654 Youth at risk programs. [$15,665,877] $17,898,516
16 [3,434] 3,427 Adult education. [$6,150,294] $6,353,658
17 [3,330] 3,863 Accelerated learning programs. [$5,964,030] $7,162,002
18 [11,640] 11,616 Local programs. [$20,847,240] $21,536,064
19 [24,445] 24,394 Career ladder. [$43,780,995] $45,226,476
20 [25,858] 25,804 Class size reduction. [$46,311,678] $47,840,616
21 [666,891] 668,465 TOTAL OF ALL ABOVE [$1,194,401,781] $1,239,334,110
22 PROGRAMS
23 Social Security and retirement programs. [$229,443,217] $238,069,744
24 Pupil Transportation to and from school. [$47,348,900] $49,297,947
25 Contingency fund. [$623,000] $421,692
26 Incentives for excellence. [$619,800] $618,498
27 Regional service centers. [$799,500] $1,084,495
28 [Inservice Education] Staff Development. [$1,001,230] $1,474,127
29 Comprehensive Guidance. [$4,936,150] $6,900,784
30 Educational Technology Initiative. [$6,419,162] $8,505,682
31 Centennial Schools. [$2,649,000] $1,143,437

- 5 -

1 Alternative Language Services. [$2,350,000] $2,845,065
2 Highly Impacted Schools. [$4,975,000] $5,404,553
3 Character Education Program. [$550,000] $400,000
4 [Sign Language Education. $100,000]
5 Families, Agencies, and Communities Together. [$1,260,613] $1,257,966
6 School Nurses. [$350,000] $399,265
7 Experimental and Developmental Program. [$5,306,900] $6,045,756
8 State-supported voted leeway. [$82,171,518] $93,726,459
9 State-supported board leeway. [$30,447,915] $33,502,343
10 Total estimated contributions to [$1,615,753,686] $1,690,431,923
11 school districts for all programs.
12 Less estimated proceeds from [$271,352,494] $291,449,741
13 state-supported local levies.
14 TOTAL STATE FUNDS [$1,344,401,192] $1,398,982,182
15 Section 3. Section 53A-17a-111 is amended to read:
16 53A-17a-111. Weighted pupil units for programs for students with disabilities --
17 District allocation.
18 (1) There is appropriated to the State Board of Education [$125,980,731 (70,341]
19 $130,477,104 (70,376 weighted pupil units) for allocation to local school board programs for
20 students with disabilities.
21 (2) Included in the appropriation is [$94,328,388] $97,394,328 for add-on WPUs for
22 students with disabilities enrolled in regular programs.
23 (3) The number of weighted pupil units for students with disabilities shall reflect the direct
24 cost of programs for those students conducted in accordance with definitions, guidelines, rules, and
25 standards established by the State Board of Education in accordance with Title 63, Chapter 46a,
26 Utah Administrative Rulemaking Act.
27 (4) Disability program monies allocated to districts are restricted and shall be spent for the
28 education of students with disabilities but may include expenditures for approved programs of
29 services conducted for certified instructional personnel who have students with disabilities in their
30 classes.
31 (5) The State Board of Education shall establish and strictly interpret definitions and

- 6 -

1 provide standards for determining which students have disabilities and shall assist districts in
2 determining the services that should be provided to students with disabilities.
3 (6) Each year the board shall evaluate the standards and guidelines that establish the
4 identifying criteria for disability classifications to assure strict compliance with those standards
5 by the districts.
6 (7) Each district shall receive its allocation of monies appropriated in Subsection
7 53A-17a-111(2) for add-on WPUs for students with disabilities enrolled in regular programs as
8 provided in this subsection.
9 (a) The State Board of Education shall use the total number of special education add-on
10 weighted pupil units used to fund fiscal year 1989-90 as a foundation for the special education
11 add-on appropriation.
12 (b) A district's special education add-on WPUs for the current year may not be less than
13 the foundation special education add-on WPUs.
14 (8) When monies appropriated under this chapter fund the foundation weighted pupil units,
15 as outlined in Subsection (7)(a), growth WPUs shall be added to the prior year special education
16 add-on WPUs, and growth WPUs shall be determined as follows:
17 (a) The special education student growth factor is calculated by comparing S-3 total
18 special education ADM of two years previous to the current year to the S-3 total special education
19 ADM three years previous to the current year, not to exceed the official October total district
20 growth factor from the prior year.
21 (b) When calculating and applying the growth factor, a district's S-3 total special education
22 ADM for a given year is limited to 12.18% of the district's S-3 total student ADM for the same
23 year.
24 (c) Growth ADMs are calculated by applying the growth factor in Subsection (8)(a) to the
25 S-3 total special education ADM of two years previous to the current year.
26 (d) Growth ADMs for each district in Subsection (8)(c) are multiplied by 1.53 weighted
27 pupil units and added to the prior year special education add-on WPU to determine each district's
28 total allocation.
29 (9) If monies appropriated under this chapter for programs for students with disabilities
30 do not meet the costs of districts for those programs, each district shall first receive the amount
31 generated for each student with a disability under the basic program.

- 7 -

1 Section 4. Section 53A-17a-112 is amended to read:
2 53A-17a-112. Preschool special education appropriation -- Extended year program
3 appropriation -- Appropriation for special education programs in state institutions.
4 (1) Included in the [$125,980,731] $130,477,104 appropriation under Section
5 53A-17a-111 is:
6 (a) an amount of [$7,769,358] $8,120,520 for preschool special education programs;
7 (b) an amount of [$21,017,385] $22,003,272 for self-contained regular WPU special
8 education programs;
9 (c) an amount of [$428,049] $441,252 for extended year programs for the severely
10 disabled; and
11 (d) an amount of [$2,437,551] $2,517,732 for special education programs in state
12 institutions and for district impact aid.
13 (2) (a) The [$7,769,358 (4,338] $8,120,520 (4,380 weighted pupil units) appropriated for
14 the preschool special education program is allocated to school districts to provide a free,
15 appropriate public education to preschool students with a disability, ages three through five.
16 (b) The monies are distributed on the basis of a school district's previous year December
17 1 disabled preschool child count as mandated by federal law.
18 (3) The extended school year program for the severely disabled is limited to students with
19 severe disabilities with education program goals identifying significant regression and recoupment
20 disability as approved by the State Board of Education.
21 (4) (a) The monies appropriated for self-contained regular special education programs may
22 not be used to supplement other school programs.
23 (b) Monies in any of the other restricted line item appropriations may not be reduced more
24 than 2% to be used for purposes other than those specified by the appropriation, unless otherwise
25 provided by law.
26 [(5) (a) It is the intent of the Legislature that preschool special education be funded by a
27 formula which uses current, December 1 child count numbers of 3, 4, and preschool-aged
28 5-year-olds.]
29 [(b) (i) The State Board of Education shall develop a formula for funding preschool special
30 education.]
31 [(ii) The formula shall use empirical factors that will distribute funds based on services

- 8 -

1 provided and cost of services.]
2 [(iii) The formula shall be presented to the Public Education Appropriations Subcommittee
3 for approval during the Legislature's 1998 Annual General Session.]
4 [(iv) The formula is to be included as part of the budget request for the fiscal year
5 beginning July 1, 1998.]
6 (5) (a) The State Board of Education shall compute preschool funding by a factor of 1.205
7 times the current December 1 child count of eligible preschool aged three, four, and five-year-olds
8 times the WPU value, limited to 8% growth over the prior year December 1 count.
9 (b) The board shall develop guidelines to implement the funding formula for preschool
10 special education, and establish prevalence limits for distribution of the moneys.
11 Section 5. Section 53A-17a-113 is amended to read:
12 53A-17a-113. Weighted pupil units for applied technology education programs --
13 Funding of approved programs -- Performance measures -- Qualifying criteria.
14 (1) There is appropriated to the State Board for Applied Technology Education, hereafter
15 referred to in this section as the board, [$35,137,629 (19,619] $36,297,612 (19,578 weighted pupil
16 units) to pay the added instructional costs of approved applied technology education programs.
17 (a) Included in the [$35,137,629] $36,297,612 appropriation is [$754,011] $780,534 (421
18 weighted pupil units) for summer applied technology agriculture programs.
19 (b) These monies are allocated to eligible recipients as provided in Subsections (2), (3),
20 and (4).
21 (c) Money appropriated under Subsection 53A-17a-113(1) and any money appropriated
22 for work-based education may not be used to fund programs below the ninth grade level.
23 (2) Weighted pupil units are computed for pupils in approved programs.
24 (a) The board shall fund approved programs based upon hours of membership of 9th
25 through 12th grade students.
26 (b) The board shall use an amount not to exceed 20% of the total appropriation under this
27 section to fund approved programs based on performance measures such as placement and
28 competency attainment defined in standards set by the board for districts to qualify for applied
29 technology funding.
30 (c) Leadership organization funds shall constitute an amount not to exceed 1% of the total
31 appropriation under this section, and shall be distributed to each local educational agency

- 9 -

1 sponsoring applied technology student leadership organizations in a ratio representing the agency's
2 share of the state's total membership in those organizations.
3 (d) The board shall make the necessary calculations for distribution of the appropriation
4 to school districts and may revise and recommend changes necessary for achieving equity and ease
5 of administration.
6 (3) (a) Twenty weighted pupil units [are] shall be computed for each district, or 25
7 weighted pupil units may be computed for each district that consolidates applied technology
8 administrative services with one or more other districts.
9 (b) Between 10 and 25 weighted pupil units shall be computed for each high school
10 conducting approved applied technology education programs in a district according to standards
11 established by the board.
12 (c) Forty weighted pupil units shall be computed for each district that operates an approved
13 district applied technology center.
14 (d) Between five and seven weighted pupil units shall be computed for each summer
15 applied technology agriculture program according to standards established by the board.
16 (e) The board shall, by rule, establish qualifying criteria for districts to receive weighted
17 pupil units under Subsection (3).
18 (4) (a) All monies allocated under Subsection (1) are computed by using average daily
19 membership in approved programs for the previous year.
20 (b) A district that has experienced student growth in grades 9 through 12 for the previous
21 year shall have the growth factor applied to the previous year's weighted pupil units when
22 calculating the allocation of monies under this subsection.
23 (5) (a) The board shall establish rules for the upgrading of high school applied technology
24 education programs.
25 (b) The rules shall reflect technical training and actual marketable job skills in society.
26 (c) The rules shall include procedures to assist school districts to convert existing
27 programs which are not preparing students for the job market into programs that will accomplish
28 that purpose.
29 (6) Programs that do not meet board standards may not be funded under this section.
30 Section 6. Section 53A-17a-116 is amended to read:
31 53A-17a-116. Weighted pupil units for applied technology set-aside programs.

- 10 -

1 (1) There is appropriated to the State Board for Applied Technology Education
2 [$1,785,627 (997] $1,844,730 (995 weighted pupil units) for an applied technology set-aside
3 program.
4 (2) Applied technology set-aside funds appropriated to the board are allocated by Request
5 for Proposal (RFP) to provide a district minimum payment for applied technology education.
6 (3) Each district shall receive a guaranteed minimum allocation.
7 (4) The set-aside funds remaining after the initial minimum payment allocation are
8 distributed by an RFP process to help pay for equipment costs necessary to initiate new programs
9 and for high priority programs as determined by labor market information.
10 Section 7. Section 53A-17a-119 is amended to read:
11 53A-17a-119. Weighted pupil units for adult education programs.
12 (1) There is appropriated to the State Board of Education [$6,150,294 (3,434] $6,353,658
13 (3,427 weighted pupil units) for allocation to local school boards for adult education programs,
14 consisting of adult high school completion and adult basic skills programs.
15 (2) Each district shall receive its pro rata share of the appropriation for adult high school
16 completion programs based on the number of people listed in the latest official census who are
17 over 18 years of age and who do not have a high school diploma and prior year participation.
18 (3) On February 1 of each school year, the State Board of Education shall recapture
19 monies not used for an adult high school completion program for reallocation to districts that have
20 implemented programs based on need and effort as determined by the State Board of Education.
21 (4) To the extent of monies available, school districts shall provide programs to adults who
22 do not have a diploma and who intend to graduate from high school, with particular emphasis on
23 homeless individuals who are seeking literacy and life skills.
24 (5) Overruns in adult education in any district may not reduce the value of the weighted
25 pupil unit for this program in another district.
26 (6) The board shall provide the Legislature with a recommendation as to if and when any
27 fees should be charged for participation in the adult high school completion programs funded
28 under this section.
29 (7) School districts shall spend money on adult basic skills programs according to
30 standards established by the State Board of Education.
31 Section 8. Section 53A-17a-120 is amended to read:

- 11 -

1 53A-17a-120. Weighted pupil units for accelerated learning programs.
2 (1) There is appropriated to the State Board of Education [$5,392,701 (3,011] $7,162,002
3 (3,863 weighted pupil units) for allocation to local school boards for accelerated learning programs
4 in grades one through 12, which include programs for the gifted and talented, concurrent
5 enrollment, and advanced placement.
6 (2) (a) A school participating in the concurrent enrollment programs offered under Section
7 53A-15-101 shall receive on a per student basis up to $33.33 per quarter hour or $50 per semester
8 hour for each hour of higher education course work undertaken at the school.
9 (b) The concurrent enrollment component of the appropriation under Subsection (1) and
10 the appropriation under Subsection (4) are the revenue source for the Subsection (2)(a) payments.
11 (c) Each year the amounts specified in Subsection (2)(a) shall be adjusted in proportion to
12 the increase in the value of the weighted pupil unit from the prior year established in Subsection
13 53A-17a-103(1).
14 (3) (a) Districts shall spend monies for these programs according to standards established
15 by the State Board of Education in accordance with Title 63, Chapter 46a, Utah Administrative
16 Rulemaking Act.
17 (b) The State Board of Education shall develop uniform and consistent policies for school
18 districts to follow in utilizing advanced placement and concurrent enrollment monies.
19 [(4) In addition to the appropriation under Subsection (1), there is appropriated for the
20 fiscal year beginning July 1, 1997, $571,329 (319 weighted pupil units) for concurrent enrollment
21 programs.]
22 Section 9. Section 53A-17a-121 is amended to read:
23 53A-17a-121. Weighted pupil units for youth at risk programs.
24 (1) There is appropriated to the State Board of Education [$15,064,101 (8,411]
25 $17,898,516 (9,654 weighted pupil units) for allocation to local school boards for youth at risk
26 programs, including the following:
27 (a) youth in custody;
28 (b) teenage pregnancy;
29 (c) homeless and minority students;
30 (d) mathematics, engineering, and science achievement programs; and
31 (e) gang prevention.

- 12 -

1 (2) Districts shall spend monies for these programs according to standards established by
2 the State Board of Education in accordance with Title 63, Chapter 46a, Utah Administrative
3 Rulemaking Act.
4 (3) (a) From the amount appropriated for youth at risk programs, the board shall allocate
5 moneys for teenage pregnancy prevention programs to school districts on the basis of a district's
6 total number of students enrolled in classes as of October 1 that teach a curriculum of teenage
7 pregnancy prevention as compared to the total number of students enrolled in such programs in
8 school districts throughout the state.
9 (b) The teenage pregnancy programs funded under this subsection shall require written
10 consent from parents or guardians for student participation, involve parents or guardians of
11 participating students in a substantial and consistent manner, and comply with the requirements
12 of Sections 76-7-321 through 76-7-325.
13 (c) To qualify for participation in the program, a district shall demonstrate to the state
14 board through prior research and pilot studies with similar student populations that those students
15 attained and retained knowledge, values, attitudes, and behaviors that promote abstinence from
16 sexual activity before marriage, and that the students had a lower pregnancy rate than comparison
17 groups that did not participate in the program.
18 (d) Further qualification requires approval by the local board and state board of all
19 teaching materials, handouts, media materials, audiovisual materials, textbooks, curriculum
20 materials, and course outlines to be used in the program.
21 (e) The state board may not use a district's participation in the teenage pregnancy program
22 as an offset against the district's historical proportionate share of the remaining fund balance.
23 (f) A school district may spend any additional moneys allocated for teenage pregnancy
24 prevention programs as long as the programs comply with the guidelines established in
25 Subsections (3)(b), (c), and (d), if the need for such a program is greater than the allocation
26 received under Subsection (a).
27 (4) (a) From the amount appropriated for youth at risk programs, the board shall allocate
28 moneys to school districts for homeless and minority students.
29 (b) Each district shall receive its allocation on the basis of:
30 (i) the total number of homeless students in the district;
31 (ii) added to 50% of the number of minority students in the district;

- 13 -

1 (iii) multiplying the total of Subsections (i) and (ii) by the value of the weighted pupil unit;
2 and
3 (iv) prorating the amount under Subsection (iii) to the amount in Subsection (4)(a).
4 (5) (a) From the amount appropriated for youth at risk programs, the board shall allocate
5 moneys for mathematics, engineering, and science achievement programs, MESA programs, in
6 the districts.
7 (b) The board shall make the distribution to school districts on a competitive basis by
8 application under guidelines established by the board.
9 (6) (a) From the amount appropriated for youth at risk programs, the board shall distribute
10 moneys for gang prevention programs at the district or school level.
11 (b) The board shall make the distribution to school districts under guidelines established
12 by the board consistent with Section 53A-15-601.
13 [(c) In addition to the appropriation under Subsection (1), there is appropriated for the
14 fiscal year beginning July 1, 1997, $327,753 (183 weighted pupil units) for gang prevention
15 programs at the district or school level.]
16 (7) (a) From the amount appropriated for youth at risk programs, the board shall distribute
17 moneys for programs for youth in custody.
18 (b) The board shall allocate these moneys to school districts which operate programs for
19 youth in custody in accordance with standards established by the board.
20 [(c) In addition to the appropriation under Subsection (1), there is appropriated for the
21 fiscal year beginning July 1, 1997, $274,023 (153 weighted pupil units) for youth in custody
22 programs operated by school districts.]
23 Section 10. Section 53A-17a-123 is amended to read:
24 53A-17a-123. State contribution for the local program.
25 (1) There is appropriated to the State Board of Education [$20,847,240 (11,640]
26 $21,536,064 (11,616 weighted pupil units) for allocation to school districts for the local program
27 on the basis of each district's prior year weighted pupil units for grades K-12 and necessarily
28 existent small schools.
29 (2) As an exception to Section 53A-17a-136 these monies may be used for the following
30 purposes:
31 (a) maintenance and operation costs;

- 14 -

1 (b) capital outlay and debt service; or
2 (c) a combination of maintenance and operation costs and capital outlay and debt service.
3 Section 11. Section 53A-17a-124 is amended to read:
4 53A-17a-124. State contributions to career ladders -- Distribution of appropriation
5 -- Performance bonus.
6 (1) There is appropriated to the State Board of Education [$43,780,995 (24,445]
7 $45,226,476 (24,394 weighted pupil units) for career ladders for distribution to school districts in
8 accordance with career ladder guidelines provided by the state board and Title 53A, Chapter 9.
9 (a) The state board shall distribute the appropriation, upon application, to each local school
10 board by a formula based on the average of equal weighting considerations for:
11 (i) a district's prior year average daily membership;
12 (ii) the total number of teachers employed by a district during the prior year; and
13 (iii) weighted pupil units allocated to the district.
14 (b) The Legislature shall provide for an annual adjustment in the career ladder
15 appropriation in proportion to:
16 (i) the increase in the value of the weighted pupil unit established in this chapter; and
17 (ii) the increase in the number of students in the state over the prior year.
18 (2) Each school district participating in the career ladder program may spend career ladder
19 monies:
20 (a) to pay a performance bonus to teachers judged by the district as being outstanding in
21 regular classroom performance;
22 (b) (i) for additional nonteaching days for teachers to devote to curriculum development,
23 inservice training, preparation, and related activities;
24 (ii) a local board of education may specifically use from the career ladder appropriation
25 an amount equivalent to $300 per eligible teacher per year for approved inservice costs, for daily
26 stipends, for per diem expenses, and for eligible teacher trainers; and
27 (c) for negotiated additional teacher compensation for extending the length of the
28 instructional day or the number of instructional days.
29 Section 12. Section 53A-17a-124.1 is amended to read:
30 53A-17a-124.1. State contribution for staff development -- Training on personalized
31 education plans.

- 15 -

1 (1) There is appropriated to the State Board of Education [$1,001,230 to provide inservice
2 instruction to] $1,474,127 for staff development for school teachers, including instruction in
3 methods which incorporate the revised mathematics and science core curriculum, the use of
4 technology as an instructional tool, and the development of teacher skills in the use of new
5 assessment tools that demonstrate student competency.
6 (2) The board shall use the appropriation to improve access to schooling for all students
7 by training teachers to provide a personalized education plan to meet the needs of each child.
8 Section 13. Section 53A-17a-124.5 is amended to read:
9 53A-17a-124.5. Appropriation for class size reduction.
10 (1) There is appropriated to the State Board of Education [$46,311,678 (25,858]
11 $47,840,616 (25,804 weighted pupil units) to reduce the average class size in kindergarten through
12 the [fourth] sixth grade in the state's public schools.
13 (2) (a) Except as provided in Subsection (b), each district shall receive its allocation based
14 upon prior year average daily membership in kindergarten through grade six plus growth as
15 determined under Subsection 53A-17a-106(3) as compared to the state total.
16 (b) The State Board of Education shall distribute [18%] 12% of the appropriation to school
17 districts based upon a formula developed by the board that takes into account:
18 (i) a school district's ability to raise money for growth and accompanying capital facility
19 needs;
20 (ii) need as reflected by:
21 (A) the current number of students in the affected grades in the district who are in
22 alternative housing; and
23 (B) growth in the affected grades both within the district and compared to the state as a
24 whole; and
25 (iii) the school district's past and present effort to raise money and to construct new or to
26 better utilize existing facilities through scheduling or delivery systems in order to deal with class
27 size reduction.
28 (c) The formula used to distribute moneys under Subsection (2)(b) shall be phased out as
29 follows:
30 (i) [18%] 12% of the moneys shall be distributed by the formula for the fiscal year
31 beginning July 1, [1997] 1998;

- 16 -

1 (ii) the formula percentage shall decrease to [12%] 5% for the fiscal year beginning July
2 1, [1998] 1999; and
3 [(iii) the formula percentage shall decrease to 5% for the fiscal year beginning July 1,
4 1999; and]
5 [(iv)] (iii) the formula distribution shall be totally eliminated for the fiscal year beginning
6 July 1, 2000.
7 (3) (a) A district may use its allocation to reduce class size in any one or all of the grades
8 referred to under this section, except as otherwise provided in Subsection (3)(b).
9 (b) (i) Each district shall use 50% of its allocation to reduce class size in any one or all
10 of grades kindergarten through grade two, with an emphasis on improving student reading skills.
11 (ii) If a district's average class size is below 18 in grades kindergarten through two, it may
12 petition the state board for, and the state board may grant, a waiver to use its allocation under
13 Subsection (3)(b)(i) for class size reduction in the other grades.
14 (4) Schools may use nontraditional innovative and creative methods to reduce class sizes
15 with this appropriation and may use part of their allocation to focus on class size reduction for
16 specific groups, such as at risk students, or for specific blocks of time during the school day.
17 (5) (a) A school district may use up to 20% of its allocation under Subsection (1) for
18 capital facilities projects if such projects would help to reduce class size.
19 (b) If a school district's student population increases by 5% or 700 students from the
20 previous school year, the school district may use up to 50% of any allocation it receives under this
21 section for classroom construction.
22 (6) This appropriation is to supplement any other appropriation made for class size
23 reduction.
24 (7) (a) The State Board of Education shall compile information on class size, both in
25 average student-teacher ratios and in actual number of students enrolled in each classroom by
26 grade level for elementary grades and by subject matter for secondary grades.
27 (b) The State Board of Education shall establish uniform class size reporting rules among
28 districts.
29 (c) Provisions may be made for explaining special circumstances where class size exceeds
30 or is below normal distributions.
31 (8) (a) Each school district shall provide the State Board of Education with an annual

- 17 -

1 accounting of how its allocation was used for class size reduction during the school year.
2 (b) The state superintendent of public instruction shall provide the Legislature and the
3 governor with an annual report on the program's progress and success, including the information
4 received under Subsection (8)(a).
5 (9) The Legislature shall provide for an annual adjustment in the appropriation authorized
6 under this section in proportion to the increase in the number of students in the state in
7 kindergarten through grade six.
8 Section 14. Section 53A-17a-126 is amended to read:
9 53A-17a-126. State support of pupil transportation -- Incentives to increase economy
10 and productivity in student transportation.
11 (1) The state's contribution of [$47,348,900] $49,297,947 for state-supported
12 transportation of public school students is apportioned and distributed in accordance with Section
13 53A-17a-127, except as otherwise provided in this section.
14 [(2) (a) The board shall deduct an amount of not less than $1,397,000 prior to any
15 apportionment or distribution under Subsection (1) and allocate the money to the Utah Schools for
16 the Deaf and the Blind to pay transportation costs of the schools' students.]
17 [(b) The Utah Schools for the Deaf and the Blind shall use these moneys to pay for
18 transportation of students based on current valid contracted arrangements and best transportation
19 options and methods as determined by the schools.]
20 [(c) It is the intent of the Legislature that all student transportation costs of the Utah
21 Schools for the Deaf and the Blind shall be paid from the allocation made under this Subsection
22 (2).]
23 (2) (a) Included in the $49,297,947 is an amount not less than $1,397,000 to be deducted
24 prior to any other distribution under this section to school districts, and allocated to the Utah
25 Schools for the Deaf and the Blind to pay transportation costs of the schools' students.
26 (b) The Utah Schools for the Deaf and the Blind shall utilize these funds to pay for
27 transportation of their students based on current valid contractual arrangements and best
28 transportation options and methods as determined by the schools.
29 (c) All student transportation costs of the schools shall be paid from the allocation received
30 under Subsection (2).
31 (3) Each district shall receive its approved transportation costs, except that if during the

- 18 -

1 fiscal year the total transportation allowance for all districts exceeds the amount appropriated, all
2 allowances shall be reduced pro rata to equal not more than that amount.
3 [(4) The state's contribution for transportation includes $118,600 for the extended school
4 year program for the severely disabled, limited to severely disabled students with education
5 program goals identifying significant regression/recoupment disability as approved by the State
6 Board of Education.]
7 [(5)] (4) Included in the [$47,348,900] $49,297,947 appropriation is an amount of
8 $187,000 for transportation of students, as approved by the state board, for school districts that
9 consolidate schools, implement double session programs at the elementary level, or utilize other
10 alternatives to building construction that require additional student transportation.
11 [(6)] (5) (a) Part of the state's contribution for transportation, not to exceed $200,000, may
12 be used as an incentive for districts to increase economy and productivity in student transportation.
13 (b) This amount is distributed on a pro rata basis among districts which have achieved the
14 most efficiency according to the state formula.
15 (c) Districts receiving the incentive funding may expend the monies at the discretion of
16 the local school board.
17 [(7)] (6) (a) Local school boards shall provide salary adjustments to employee groups that
18 work with the transportation of students comparable to those of classified employees authorized
19 under Section 53A-17a-137, when dividing the weighted pupil unit for salary adjustment purposes.
20 (b) The State Board of Education shall conduct a study to evaluate the reimbursement
21 system of funding for pupil transportation with emphasis on looking at methodologies that will
22 provide incentives for districts that will encourage economical practices.
23 Section 15. Section 53A-17a-128 is amended to read:
24 53A-17a-128. Contingency fund for State Board of Education -- Laboratory school
25 at Utah State University.
26 (1) There is appropriated to the State Board of Education from the total amount of state
27 funds listed in Section 53A-17a-104 [$623,000] $421,692 as a contingency fund to do the
28 following:
29 (a) stabilize the value of the weighted pupil unit;
30 (b) maintain program levels in districts that may experience unanticipated and unforeseen
31 losses of students;

- 19 -

1 (c) equalize programs in districts where a strict application of the law provides inequity;
2 (d) pay the added costs when Utah students attend school out of state; and
3 (e) assist in the operation of the laboratory school at Utah State University, including the
4 allocation of monies for a teacher career ladder program at the school.
5 (2) The State Board of Education shall make a strict accounting of these funds and return
6 any unused part to the Uniform School Fund at the close of each fiscal year.
7 (3) The state's contribution to the State Board of Education for the laboratory school at
8 Utah State University is a part of the contingency fund.
9 (4) The contribution shall be used to promote programs at the school.
10 (5) (a) There is established an advisory board for the school consisting of the following:
11 [(a)] (i) the president of Utah State University or his designee;
12 [(b)] (ii) the state superintendent of public instruction or his designee;
13 [(c)] (iii) the dean of the College of Education at Utah State University or his designee;
14 [(d)] (iv) a local superintendent of schools;
15 [(e)] (v) a staff member from the office of the State Board of Education;
16 [(f)] (vi) a staff member from a local school board;
17 [(g)] (vii) a staff member from the College of Education at Utah State University; and
18 [(h)] (viii) two lay citizens noted for their contribution to the improvement of education.
19 (b) The advisory board members in Subsections [(d)] (a)(iv) through [(h)] (viii) are
20 appointed by the State Board of Education for terms specified by that body.
21 Section 16. Section 53A-17a-129 is amended to read:
22 53A-17a-129. State contribution for incentives for excellence.
23 (1) The state's contribution of [$619,800] $618,498 for the incentives for excellence
24 program for the fiscal year beginning July 1, [1997] 1998, is appropriated to the State Board of
25 Education for distribution to school districts according to guidelines established by the board.
26 (2) A school district shall use its allocation to promote a strong partnership between public
27 education and private enterprise, to seek additional financial support from the business community,
28 and to enhance its educational excellence.
29 (3) School districts are encouraged under this program to develop projects that rely on
30 matching private and public monies to promote educational excellence.
31 Section 17. Section 53A-17a-130 is amended to read:

- 20 -

1 53A-17a-130. State contribution to regional service centers.
2 The state's contribution of [$799,500] $1,084,495 for regional service centers is
3 appropriated to the State Board of Education for distribution according to guidelines established
4 by the board.
5 Section 18. Section 53A-17a-131.1 is amended to read:
6 53A-17a-131.1. State contribution to the educational technology initiative.
7 (1) The state's contribution of [$6,419,162] $8,505,682 for maintaining the educational
8 technology initiative programs is appropriated to the State Board of Education for distribution
9 according to rules adopted by the board consistent with Title 53A, Chapter 1, Part 7, Educational
10 Technology Programs.
11 (2) Monies received under this section may be used to maintain existing programs and for
12 inservice programs required to implement the technology.
13 (3) Each school district shall develop a comprehensive inservice plan and report
14 expenditures for teacher training to the State Office of Education.
15 Section 19. Section 53A-17a-131.2 is amended to read:
16 53A-17a-131.2. State contribution to highly impacted schools program.
17 The state's contribution of [$4,975,000] $5,404,553 for the Highly Impacted Schools
18 Program is appropriated to the State Board of Education for distribution according to the formula
19 adopted by the board under Section 53A-15-701, which authorizes the Highly Impacted Schools
20 Program.
21 Section 20. Section 53A-17a-131.3 is amended to read:
22 53A-17a-131.3. State contributions to the school nurses program.
23 The state's contribution of [$350,000] $399,265 for the school nurses program is
24 appropriated to the State Board of Education for distribution according to guidelines established
25 by the board.
26 Section 21. Section 53A-17a-131.4 is amended to read:
27 53A-17a-131.4. State contribution to Alternative Language Services Program.
28 (1) The state's contribution of [$2,350,000] $2,845,065 for an Alternative Language
29 Services Program is appropriated to the State Board of Education as a funding base for school
30 districts to meet the limited-English-proficient and second language acquisition needs of Utah's
31 language minority student population.

- 21 -

1 (2) The board shall allocate the appropriation to school districts based on submission of
2 competitive grant applications and compliance with qualifying criteria established by the state
3 board pursuant to its rulemaking authority.
4 Section 22. 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 [$2,649,000] $1,143,437 for the Centennial Schools Program
7 is appropriated to the State Board of Education to distribute under Section 53A-1a-303.
8 Section 23. Section 53A-17a-131.6 is amended to read:
9 53A-17a-131.6. State contribution to Character Education Program.
10 (1) The state's contribution of [$550,000] $400,000 for a Character Education Program for
11 the fiscal year beginning July 1, [1997] 1998, is appropriated to the State Board of Education for
12 distribution to school districts according to rules adopted by the state board.
13 (2) School districts shall use the appropriation primarily for implementing curriculum
14 within the classroom that provides for the direct instruction of students.
15 (3) Character education monies shall also be used to provide inservice training to teachers
16 on the use and teaching of character education materials and to acquaint teachers with the
17 requirements in the Utah Constitution and state statutes to teach qualities of character.
18 (4) Character education programs are to be systematic and comprehensive in their
19 approach and include student materials, parental involvement, and teacher training.
20 (5) The principles taught, such as integrity, social responsibility, and the importance of the
21 work ethic should be designed to help students avoid high risk behaviors and learn to function as
22 caring, productive citizens in society.
23 (6) The State Office of Education shall assist districts and teachers in providing and
24 recommending character education curriculum to students that meets the guidelines referred to in
25 this section.
26 (7) Proposals in which parents are involved with educators in all phases of the design,
27 implementation, and evaluation of school and district programs shall be given highest priority.
28 Section 24. Section 53A-17a-131.8 is amended to read:
29 53A-17a-131.8. State contribution to the Comprehensive Guidance Program.
30 (1) The state's contribution of [$4,936,150] $6,900,784 for a Comprehensive Guidance
31 Program is appropriated to the State Board of Education for distribution to school districts as

- 22 -

1 follows:
2 (a) the board shall distribute the appropriation to districts to be used at their secondary
3 schools in grades 7-12, with the following priority:
4 (i) grades 9-12; and
5 (ii) grades 7-8 for those schools which meet program standards, to provide a guidance
6 curriculum and individual educational/occupational program for each student at the school;
7 (b) each school shall meet qualification criteria established by rules made by the State
8 Board of Education in order to receive moneys under this program; and
9 (c) the appropriation shall also be used to provide responsive services and eliminate
10 nonguidance activities currently being performed by counselors.
11 (2) (a) It is anticipated that under this program counselors will increase direct services to
12 students to involve at least 80% of the counselors' time and that districts shall document this with
13 onsite review teams.
14 (b) Districts shall provide training to their secondary teachers on their role in assisting in
15 the development and implementation of SEOPs.
16 (3) The state superintendent of public instruction shall:
17 (a) prepare an inventory of working SEOPs for networking with schools throughout the
18 state; and
19 (b) monitor the program and provide an annual report on its progress and success.
20 Section 25. Section 53A-17a-131.9 is amended to read:
21 53A-17a-131.9. State contribution to agencies coming together for children and
22 youth at risk.
23 (1) There is appropriated [$1,260,613] $1,257,966 to the State Board of Education to
24 implement Title 63, Chapter 75, Families, Agencies, and Communities Together for Children and
25 Youth At Risk Act.
26 (2) Participation in the at risk programs funded under this section shall require consent
27 from a parent or legal guardian for the participant to receive initial or continuing services under
28 the program.
29 (3) A participant's parent or legal guardian shall be actively involved in the program and
30 all applicable state and federal laws and regulations shall be observed by the entities and
31 individuals providing the services.

- 23 -

1 (4) The board shall use the appropriation to experiment on a community full-service
2 delivery system level to provide data on the merits of moving the concept to a fully implemented
3 statewide system.
4 Section 26. Section 53A-17a-132 is amended to read:
5 53A-17a-132. Experimental and developmental programs.
6 (1) The state's contribution of [$5,306,900] $6,045,756 for experimental and
7 developmental programs is appropriated to the State Board of Education for distribution to school
8 districts as follows:
9 (a) the board shall distribute the first part, 34% of the appropriation, equally among the
10 state's 40 school districts;
11 (b) the board shall distribute the second part, 41% of the appropriation, to each district on
12 the basis of its kindergarten through grade 12 average daily membership for the prior year as
13 compared to the prior year state total kindergarten through grade 12 average daily membership;
14 and
15 (c) the board shall distribute 25% of the appropriation pursuant to standards established
16 by the board in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
17 (2) (a) A school district may fund a new experimental or developmental program with
18 monies appropriated under Subsection (1) for a maximum of three consecutive years.
19 (b) After the third year, the district shall either fund the program with regular ongoing
20 program monies or terminate the program.
21 (3) (a) The State Board of Education shall allocate $100,000 of the
22 experimental-developmental appropriation for programs to improve the efficiency of classified
23 employees in the public schools.
24 (b) The programs should include training components, classified staffing formulas, and
25 preventative maintenance formulas.
26 (4) (a) The State Board of Education shall allocate $584,900 of the appropriation for the
27 planning, development, and implementation of alternative experimental pilot programs, using
28 certificated teachers, which are cooperative ventures that have demonstrated support of parents,
29 the recognized teachers' organization, administrators, and students.
30 (b) The State Board of Education shall select schools for the pilot programs by a grant
31 process using selection criteria developed by the state board.

- 24 -

1 (5) Models for experimental activities similar to the nine district consortium activities are
2 permissible under the experimental and developmental appropriation.
3 [(6) If this bill and H.B. 35, Accelerated Learning Amendments, both pass, it is the intent
4 of the Legislature that a portion of the moneys appropriated under this section be used to fund H.B.
5 35.]
6 Section 27. Section 53A-17a-135 is amended to read:
7 53A-17a-135. Certified revenue levy.
8 (1) (a) In order to qualify for receipt of the state contribution toward the basic program and
9 as its contribution toward its costs of the basic program, each school district shall impose a
10 minimum basic tax rate per dollar of taxable value that generates [$171,589,730] $175,959,630
11 in revenues statewide.
12 (b) The preliminary estimate for the [1997-98] 1998-99 tax rate is [.002014] .001858.
13 (c) The State Tax Commission shall certify on or before June 22 the rate that generates
14 [$171,589,730] $175,959,630 in revenues statewide.
15 (d) If the minimum basic tax rate exceeds the certified revenue levy as defined in Section
16 59-2-102, the state is subject to the notice requirements of Section 59-2-926.
17 (e) For the calendar year beginning on January 1, 1998, and ending December 31, 1998,
18 the certified revenue levy shall be increased by the amount necessary to offset the decrease in
19 revenues from uniform fees on tangible personal property under Section 59-2-405 as a result of
20 the decrease in uniform fees on tangible personal property under Section 59-2-405 enacted by the
21 Legislature during the 1997 Annual General Session.
22 (2) (a) The state shall contribute to each district toward the cost of the basic program in
23 the district that portion which exceeds the proceeds of the levy authorized under Subsection (1).
24 (b) In accord with the state strategic plan for public education and to fulfill its
25 responsibility for the development and implementation of that plan, the Legislature instructs the
26 State Board of Education, the governor, and the Office of Legislative Fiscal Analyst in each of the
27 coming five years to develop budgets that will fully fund student enrollment growth.
28 (3) (a) If the proceeds of the levy authorized under Subsection (1) equal or exceed the cost
29 of the basic program in a school district, no state contribution shall be made to the basic program.
30 (b) The proceeds of the levy authorized under Subsection (1) which exceed the cost of the
31 basic program shall be paid into the Uniform School Fund as provided by law.

- 25 -

1 Section 28. Section 53A-21-105 is amended to read:
2 53A-21-105. State contribution to capital outlay programs.
3 (1) The state contribution toward the cost of the programs established under Section
4 53A-21-102 for the fiscal year beginning July 1, [1997] 1998, shall consist of an appropriation
5 totaling [$26,358,000 from the Uniform School Fund] $30,858,000 to the State Board of
6 Education, $28,358,000 from the Uniform School Fund and a one-time transfer of $2,500,000
7 from the remaining balance in the Minimum School Program Act for the fiscal year ended June
8 30, 1997.
9 (2) Notwithstanding Subsection 53A-21-103(3)(a), it is the intent of the Legislature that
10 the $2,500,000 appropriated from transfers shall be used only for the Capital Outlay Equalization
11 Program.
12 Section 29. One-time appropriations.
13 (1) In addition to the contributions and appropriations set out in Title 53A, Chapter 17a,
14 Minimum School Program Act, for the fiscal year beginning July 1, 1998, there is appropriated
15 from either the Uniform School Fund or the remaining balance in the Minimum School Program
16 for the fiscal year ended June 30, 1997, to the State Board of Education for distribution to school
17 districts for the fiscal year beginning July 1, 1998, $16,200,000 in one-time moneys as follows:
18 (a) $500,000 for applied technology education school district equipment from the
19 remaining balance in the Minimum School Program Act;
20 (b) $750,000 for concurrent enrollment accelerated learning programs from the Uniform
21 School Fund;
22 (c) $500,000 for pupil transportation to and from school, based on distribution factors
23 provided in Section 53A-17a-127, appropriated from the Uniform School Fund;
24 (d) $5,500,000 for the Educational Technology Initiative, with $2,500,000 of the
25 appropriation coming from the Uniform School Fund and $3,000,000 coming from the remaining
26 balance in the Minimum School Program Act;
27 (e) $6,300,000 for textbooks and supplies from the remaining balance in the Minimum
28 School Program Act;
29 (f) $2,250,000 for school library media collections from the remaining balance in the
30 Minimum School Program Act; and
31 (g) $400,000 for math and science equipment from the remaining balance in the Minimum

- 26 -

1 School Program Act.
2 (2) There is appropriated from the Uniform School Fund for the fiscal year beginning July
3 1, 1998, $500,000 in one-time moneys to the State Board of Education to fund the Computers for
4 Public Schools Pilot Program established under Section 53A-1-707.
5 Section 30. Intent language.
6 (1) It is the intent of the Legislature that the remaining balances in the Minimum School
7 Program for the fiscal year ended June 30, 1997, remain nonlapsing and that $15,450,000 of the
8 amount be expended as allocated by the 1998 Legislature in one-time appropriations for the
9 Minimum School Program, School Building Program, and Custom Fit Training Programs.
10 (2) It is the intent of the Legislature that the remaining balances in the Minimum School
11 Program for the fiscal year ended June 30, 1997, remain nonlapsing and that $2,500,000 of the
12 amount be transferred and expended as allocated by the 1998 Legislature as a one-time
13 appropriation for the Capital Outlay Equalization School Building Program.
14 (3) (a) It is the intent of the Legislature that the State Board of Education monitor the
15 instruction given utilizing Character Education moneys to insure compliance with Section
16 53A-13-101.
17 (b) It is the further intent of the Legislature that the State Board of Education study ways
18 for local control of such curriculum that will allow for emphasis on prevailing community
19 standards for teaching Character Education and report its findings and recommendations to the
20 1999 Legislature.
21 (c) It is the intent of the Legislature that the State Office of Education give consideration
22 to possible options of moving Character Education moneys into a general program category that
23 allows for more local funding flexibility.
24 (4) It is the intent of the Legislature that each school district evaluate the safety of its
25 outdoor athletic facilities and where legal liabilities may occur, upgrade the facilities as funds
26 permit.
27 Section 31. Repealer.
28 This act repeals:
29 Section 53A-17a-131.10, State contribution to sign language education.
30 Section 32. Effective date.
31 This act takes effect on July 1, 1998.

- 27 -

Legislative Review Note
as of 2-27-98 10:58 PM

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

Office of Legislative Research and General Counsel

- 28 -