H.B. 274 Enrolled

SUPPLEMENTAL MINIMUM SCHOOL PROGRAM
ACT AMENDMENTS
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Marda Dillree
This act modifies provisions related to the State System of Public Education by modifying
the state contributions for the support of public schools in fiscal year 2001-02. This act
modifies a hold harmless program for school districts impacted by block grants. This act has
an immediate effective date.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53A-17a-120, as last amended by Chapter 335, Laws of Utah 2001
53A-17a-121, as last amended by Chapter 335, Laws of Utah 2001
53A-17a-123, as repealed and reenacted by Chapter 335, Laws of Utah 2001
53A-17a-131.9, as last amended by Chapter 335, Laws of Utah 2001
53A-17a-131.19, as repealed and reenacted by Chapter 335, Laws of Utah 2001
53A-21-105, as last amended by Chapters 234 and 335, Laws of Utah 2001
REPEALS AND REENACTS:
53A-17a-131.16, as repealed and reenacted by Chapter 335, Laws of Utah 2001
This act enacts uncodified material.
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-17a-120 is amended to read:
53A-17a-120. Appropriation for accelerated learning programs.
(1) There is appropriated to the State Board of Education [$9,551,074] $9,251,074 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
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) 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.
Section 2. Section 53A-17a-121 is amended to read:
53A-17a-121. Appropriation for At-risk programs.
(1) There is appropriated to the State Board of Education [$25,023,588] $24,730,088 for the
fiscal year beginning July 1, 2001, for allocation to local school boards for at-risk programs,
including the following:
(a) youth in custody;
(b) adolescent pregnancy prevention;
(c) homeless and disadvantaged minority students;
(d) mathematics, engineering, and science achievement programs;
(e) gang prevention and intervention; and
(f) at-risk flow through.
(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.
(3) (a) From the amount appropriated for at-risk programs, the board shall allocate moneys
for adolescent 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 adolescent
pregnancy prevention as compared to the total number of students enrolled in such programs in
school districts throughout the state.
(b) The adolescent pregnancy prevention programs funded under this subsection shall require

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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 adolescent pregnancy
prevention program as an offset against the district's historical proportionate share of the remaining
fund balance.
(f) A school district may spend any additional monies allocated for adolescent 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 (3)(a).
(4) (a) From the amount appropriated for youth at risk programs, the board shall allocate
moneys to school districts for homeless and disadvantaged 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 disadvantaged minority students in the district;
(iii) multiplying the total of Subsections (4)(b)(i) and (ii) by the value of the weighted pupil
unit; and
(iv) prorating the amount under Subsection (4)(b)(iii) to the amount in Subsection (4)(a).
(5) (a) From the amount appropriated for at-risk programs, the board shall allocate monies
for mathematics, engineering, and science achievement programs, MESA programs, in the districts.

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(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 at-risk programs, the board shall distribute moneys
for gang prevention and intervention 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 .
(7) (a) From the amount appropriated for 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.
(8) From the amount appropriated for at-risk programs, the board shall allocate monies based
on:
(a) a formula which takes into account prior year WPU's per district and a district's low
income population; and
(b) a minimum base of no less than $18,600 for small school districts.
Section 3. Section 53A-17a-123 is amended to read:
53A-17a-123. State contribution for local discretionary block grant program.
(1) There is appropriated to the State Board of Education for the fiscal year beginning July
1, 2001, [$49,948,636] $49,748,636 for a local discretionary block grant program comprised of the
following components:
(a) truancy intervention and prevention;
(b) an unrestricted local program;
(c) incentives for excellence;
(d) the Educational Technology Initiative;
(e) character education;
(f) school nurses;
(g) alternative middle schools;
(h) reading initiative;

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(i) experimental-developmental programs; and
(j) a local discretionary program.
(2) The board shall distribute the appropriation on the basis of the intent language provided
under Subsection (3) of the Intent Language provision of [this act] Chapter 335, Laws of Utah 2001.
(3) Notwithstanding current statutory provisions for programs in the local discretionary
block grant and the special population programs, which are Families, Agencies, and Communities
Together, Alternative Language Services, Highly Impacted Schools, At-risk Programs, Adult
Education and Accelerated Learning, and with the exception of those programs for which funds are
awarded based on successful completion through a request of proposal, a school district may spend
the allocation for any or all programs within the appropriated block.
Section 4. 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 [$1,250,670] $774,470 to the State Board of Education for the
fiscal year beginning July 1, 2001, to maintain 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.
Section 5. Section 53A-17a-131.16 is repealed and reenacted to read:
53A-17a-131.16. State contribution for school district hold harmless program.
(1) The state's contribution of $3,897,110 for a school district hold harmless program for the

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fiscal year beginning July 1, 2001, is appropriated to the State Board of Education for distribution
to school districts impacted by the block grant programs established under Chapter 335, Laws of
Utah 2001 for the fiscal year beginning July 1, 2001.
(2) (a) The board shall allocate the appropriation to school districts and the Utah Schools for
the Deaf and the Blind as provided for in rules of the State Board of Education.
(b) The rules shall provide for a reallocation of the total appropriation based on final year
end data.
(c) Each school district shall receive its equitable share of the total which may differ from
the amount specified in Chapter 335, Laws of Utah 2001, Section 22.
(d) A district may not receive more or less than its equitable share of the total.
Section 6. Section 53A-17a-131.19 is amended to read:
53A-17a-131.19. State contribution to math and science beginning teacher recruitment
program.
The state's contribution of [$2,400,000] $1,600,000 for a math and science beginning teacher
recruitment program, for the fiscal year beginning July 1, 2001, is appropriated to the State Board
of Education for distribution according to Title 53A, Chapter 1a, Part 6, Public Education Job
Enhancement Program.
Section 7. Section 53A-21-105 is amended to read:
53A-21-105. State contribution to capital outlay programs.
The state contribution toward the cost of the programs established under Section 53A-21-102
for the fiscal year beginning July 1, 2001, shall consist of an appropriation totaling [$38,358,000]
$28,358,000 to the State Board of Education from the Uniform School Fund.
Section 8. Appropriation reduced.
The appropriation from the Uniform School Fund for fiscal year 2001-02 to the State Board
of Education made by Chapter 338, Laws of Utah 2001 is reduced by $200,000.
Section 9. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution

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Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.

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