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S.B. 3 Enrolled
This act modifies provisions relating to the State System of Public Education in the funding
of the Minimum School Program. This act provides a ceiling for the state contribution of the
operation and maintenance portion of the Minimum School Program Act not to exceed
$1,586,482,794. This act establishes the value of the weighted pupil unit at $2,132, establishes
block grants and distribution formulas, and provides a $28,358,000 appropriation for school
building aid. This act takes effect on July 1, 2002.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53A-3-701, as enacted by Chapter 335, Laws of Utah 2001
53A-13-107, as last amended by Chapter 224, Laws of Utah 2000
53A-17a-103, as last amended by Chapter 335, Laws of Utah 2001
53A-17a-104, as last amended by Chapter 335, Laws of Utah 2001
53A-17a-111, as last amended by Chapter 335, Laws of Utah 2001
53A-17a-112, as last amended by Chapter 335, Laws of Utah 2001
53A-17a-113, as last amended by Chapter 5, Laws of Utah 2001, First Special Session
53A-17a-114, as last amended by Chapter 306, Laws of Utah 1993
53A-17a-116, as last amended by Chapter 5, Laws of Utah 2001, First Special Session
53A-17a-119, as last amended by Chapter 335, Laws of Utah 2001
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53A-17a-123, as repealed and reenacted by Chapter 335, Laws of Utah 2001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-124, as last amended by Chapter 335, Laws of Utah 2001
53A-17a-124.5, as last amended by Chapter 335, Laws of Utah 2001
53A-17a-125, as last amended by Chapter 335, Laws of Utah 2001
53A-17a-126, as last amended by Chapter 335, Laws of Utah 2001
53A-17a-131.2, as last amended by Chapter 335, Laws of Utah 2001
53A-17a-131.9, as last amended by Chapter 335, Laws of Utah 2001
53A-17a-131.13, as last amended by Chapter 335, Laws of Utah 2001
53A-17a-131.15, as repealed and reenacted by Chapter 335, Laws of Utah 2001
53A-17a-131.17, 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53A-17a-131.19, as repealed and reenacted by Chapter 335, Laws of Utah 2001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-17a-132, as last amended by Chapter 335, Laws of Utah 2001
53A-17a-133, as last amended by Chapters 335 and 336, Laws of Utah 2001
53A-17a-135, as last amended by Chapter 335, Laws of Utah 2001
53A-17a-146, as renumbered and amended by Chapter 72, Laws of Utah 1991
53A-21-105, as last amended by Chapters 234 and 335, Laws of Utah 2001
ENACTS:
53A-17a-123.5, Utah Code Annotated 1953
53A-17a-148, Utah Code Annotated 1953
REPEALS:
53A-17a-113.5, as enacted by Chapter 11, Laws of Utah 1996
53A-17a-117, as last amended by Chapter 53, Laws of Utah 1992
53A-17a-131.4, as last amended 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-3-701 is amended to read:
53A-3-701. School and school district professional development plans.
(1) (a) Each public school and school district shall develop and implement a systematic,
comprehensive, and long-term plan for staff professional development.
(b) Each school shall use its community council, school directors, or a subcommittee of the
community council as described in Subsection 53A-16-101.5 (4) to help develop and implement the
plan.
(2) Each plan shall include the following components:
(a) an alignment of professional development activities at the school and school district level
with:
(i) the School LAND Trust Program authorized under Section 53A-16-101.5 ;
(ii) the Utah Performance Assessment System for Students under Title 53A, Chapter 1, Part
6, Achievement Tests;
(iii) the Educational Technology Initiative under Title 53A, Chapter 1, Part 7, Educational
Technology Programs;
(iv) Sections 53A-6-101 and 53A-6-104 of the Educator Licensing and Professional
Practices Act;
(v) Title 53A, Chapter 9, Teacher Career Ladders; and
(vi) Title 53A, Chapter 10, Educator Evaluation;
(b) provision for the development of internal instructional leadership and support;
(c) the periodic presence of all stakeholders at the same time in the professional development
process, to include administrators, educators, support staff, parents, and students;
(d) provisions for the use of consultants to enhance and evaluators to assess the effectiveness
of the plan as implemented; and
(e) the time required for and the anticipated costs of implementing and maintaining the plan.
(3) (a) Each local school board shall review and either approve or recommend modifications
for each school plan within its district so that each school's plan is compatible with the district plan.
(b) The board shall:
(i) provide positive and meaningful assistance to a school, if requested by its community
council or school directors, in drafting and implementing its plan; and
(ii) monitor the progress of each school plan and hold each school accountable for meeting
the objectives of its plan.
(4) (a) The State Board of Education, through the superintendent of public instruction, shall
work with school districts to identify the resources required to implement and maintain each school's
and school district's professional development plan required under this section.
(b) (i) The state board shall make an annual budget recommendation to the Legislature for
state funding of professional development plans under this section.
(ii) The recommendation shall take into account:
(A) monies that could be used for professional development from the programs listed in
Subsection (2)(a); and
(B) the [
Program authorized under the Minimum School Program Act.
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Section 2. Section 53A-13-107 is amended to read:
53A-13-107. Adoption information.
(1) Each local school board shall ensure that an annual presentation on adoption is given to
its secondary school students in grades 7-12, so that each student receives the presentation at least
once during grades 7-9 and at least once during grades 10-12.
(2) The presentation shall be made by a licensed teacher as part of the health education core
[
Section 3. 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 [
(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.
(5) (a) "State-supported minimum school program" or "minimum school program" means
public school programs for kindergarten, elementary, and secondary schools as described in this
Subsection (5).
[
equivalent of a school term of nine months as determined by the State Board of Education.
[
that school is held for an academic school year.
(ii) 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 [
commercial advertising.
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costs:
(i) the cost of a basic state-supported school program;
(ii) [
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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 4. 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[
not exceed the sum of [
beginning July 1, 2002, 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
Local Funds at
Estimated [
Weighted Purpose Per Weighted
Pupil Units State Contribution Pupil Unit
[
[
[
1,655 Basic program - administrative costs. [
[
schools and units for consolidated schools.
[
- add-on WPUs for students with disabilities.
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[
district programs.
[
[
[
[
Social Security and retirement programs. [
Pupil Transportation to and from school. [
Guarantee Transportation Levy. $500,000
Local Discretionary Block Grant Program. [
Interventions for Student Success Block Grant Program $15,553,062
Quality Teaching Block Grant Program $69,178,111
Math and Science - Beginning Teacher Recruitment. [
[
[
Highly Impacted Schools. $5,123,207
At-risk Programs. [
Adult Education. [
Accelerated Learning Programs. [
[
Experimental and Developmental Program. [
Electronic High School. [
School LAND Trust Program. [
State-supported voted leeway. [
State-supported board leeway. [
Total estimated contributions to [
school districts for all programs.
Less estimated proceeds from [
state-supported local levies.
TOTAL STATE FUNDS [
Section 5. 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 [
fiscal year beginning July 1, 2002, $156,235,092 (73,281 weighted pupil units) for allocation to local
school board programs for students with disabilities.
(2) Included in the appropriation is [
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 [
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
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 6. 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 [
is:
(a) an amount of [
(b) an amount of [
education programs;
(c) an amount of [
and
(d) an amount of [
and for district impact aid.
(2) (a) The amount designated for the preschool special education program under Subsection
(1)(a) 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
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) The State Board of Education shall compute preschool funding by a factor of 1.47
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 monies.
Section 7. 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.
(1) (a) There is appropriated to the State Board of Education[
(23,566 weighted pupil units) to pay [
technology education programs and the comprehensive guidance program.
[
units) for summer applied technology agriculture programs.
(c) The money appropriated in this Subsection (1):
[
(2), (3), and (4)[
[
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 [
(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 [
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 shall be computed for applied technology education
administrative costs for each district, [
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
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) [
the allocations made under Subsections (2) and (3) shall be allocated 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 8. Section 53A-17a-114 is amended to read:
53A-17a-114. Applied technology program alternatives.
(1) If a school district determines that a secondary student's applied technology education
goals are better achieved at a [
53B, Chapter 2a, Utah College of Applied Technology, the student may attend that institution.
[
[
[
college shall continue to be counted in the regular school program average daily membership of the
sending school district.
Section 9. 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 of Education [
year beginning July 1, 2002, $2,121,340 (995 weighted pupil units) for an applied technology
set-aside program.
[
[
appropriated in Subsection (1).
[
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.
Section 10. Section 53A-17a-119 is amended to read:
53A-17a-119. Appropriation for adult education programs.
(1) There is appropriated to the State Board of Education [
beginning July 1, 2002, $8,431,047 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 or as
approved by board rule.
(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 board.
(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 board.
Section 11. 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 [
beginning July 1, 2002, $8,622,674 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 [
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 12. 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 [
beginning July 1, 2002, $24,324,161 for allocation to local school boards for at-risk programs,
including the following:
(a) youth in custody;
[
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[
(2) Districts shall spend monies for these programs according to [
by the State Board of Education in accordance with Title 63, Chapter 46a, Utah Administrative
Rulemaking Act.
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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 [
pupil unit; and
(iv) prorating the amount under Subsection [
(3)(a).
[
monies 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.
[
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 .
[
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.
[
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 13. Section 53A-17a-123 is amended to read:
53A-17a-123. Local Discretionary Block Grant Program -- State contribution.
(1) There is appropriated to the State Board of Education for the fiscal year beginning July
1, [
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(2) The State Board of Education shall distribute the money appropriated in Subsection (1)
to school districts and charter schools according to a formula adopted by the board, after consultation
with school districts and charter schools, that allocates the funding in a fair and equitable manner.
(3) Schools districts and charter schools shall use Local Discretionary Block Grant monies
for:
(a) maintenance and operation costs;
(b) capital outlay; and
(c) debt service.
Section 14. Section 53A-17a-123.5 is enacted to read:
53A-17a-123.5. Interventions for Student Success Block Grant Program -- State
contribution.
(1) There is appropriated to the State Board of Education for the fiscal year beginning July
1, 2002, $15,553,062 for the Interventions for Student Success Block Grant Program.
(2) The State Board of Education shall distribute the money appropriated in Subsection (1)
to school districts and charter schools according to a formula adopted by the board, after consultation
with school districts and charter schools, that allocates the funding in a fair and equitable manner.
(3) Schools districts and charter schools shall use Interventions for Student Success Block
Grant monies to improve student academic success, with priority given to interventions on behalf
of students not performing to standards as determined by U-PASS test results.
(4) (a) Each school district shall develop a plan for the expenditure of Interventions for
Student Success Block Grant monies.
(b) The plan:
(i) shall specify anticipated results; and
(ii) may include continuing existing programs to improve students' academic success for
which funds were appropriated before the establishment of the block grant.
(c) The local school board shall approve the plan for the expenditure of the block grant
monies in an open public meeting before the monies are spent.
Section 15. Section 53A-17a-124 is amended to read:
53A-17a-124. Quality Teaching Block Grant Program -- State contributions.
(1) There is appropriated to the State Board of Education for the fiscal year beginning July
1, [
Grant Program.
[
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(2) The State Board of Education shall distribute the money appropriated in Subsection (1)
to school districts and charter schools according to a formula adopted by the board, after consultation
with school districts and charter schools, that allocates the funding in a fair and equitable manner.
(3) Schools districts and charter schools shall use Quality Teaching Block Grant monies to
implement school and school district comprehensive, long-term professional development plans
required by Section 53A-3-701 .
(4) Each local school board shall:
(a) as provided by Section 53A-3-701 , review and either approve or recommend
modifications for each school's comprehensive, long-term professional development plan within the
district so that each school's plan is compatible with the district's comprehensive, long-term
professional development plan; and
(b) in an open public meeting, approve a plan to spend Quality Teaching Block Grant monies
to implement the school district's comprehensive, long-term professional development plan.
Section 16. 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 for the fiscal year beginning July
1, [
average class size in kindergarten through the eighth grade in the state's public schools.
(2) Each district shall receive its allocation based upon prior year average daily membership
in kindergarten through grade eight plus growth as determined under Subsection 53A-17a-106 (3)
as compared to the state total.
(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 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 annually to the state superintendent of public
instruction a summary report on the overall district plan for utilizing class size reduction funds
provided by the Legislature.
(b) If the district has received new additional class size reduction funds during the previous
year, the district shall report data identifying how:
(i) the use of the funds complies with legislative intent; and
(ii) the use of the funds supplements the district's class size reduction plan.
(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 eight.
Section 17. Section 53A-17a-125 is amended to read:
53A-17a-125. Appropriation for retirement and social security.
(1) There is appropriated to the State Board of Education for the fiscal year beginning July
1, [
(2) The employee's retirement contribution shall be 1% for employees who are under the
state's contributory retirement program.
(3) The employer's contribution under the state's contributory retirement program is
determined under Section 49-2-301 , subject to the 1% contribution under Subsection (2).
(4) The employer-employee contribution rate for employees who are under the state's
noncontributory retirement program is determined under Section 49-3-301 .
(5) (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:
(i) student growth;
(ii) the percentage increase in the value of the weighted pupil unit; and
(iii) the effect of any change in the rates for retirement, social security, or both.
Section 18. 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 [
of public school students for the fiscal year beginning on July 1, 2002, is apportioned and distributed
in accordance with Section 53A-17a-127 , except as otherwise provided in this section.
(2) (a) Included in the appropriation under Subsection (1) is an amount not less than
[
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) Included in the appropriation under Subsection (1) 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.
(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
local school board.
(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 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 $5,123,207 for the Highly Impacted Schools Program for the fiscal
year beginning July 1, [
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-131.9 is amended to read:
53A-17a-131.9. Agencies coming together for children and youth at risk.
(1) [
Education [
Agencies, and Communities Together for Children and Youth At Risk Act, shall be subject to the
provisions of this section.
(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 21. Section 53A-17a-131.13 is amended to read:
53A-17a-131.13. State contribution to guarantee transportation levy.
The state's contribution of $500,000 to the guarantee transportation levy program for the
fiscal year beginning July 1, [
distribution to school districts according to [
with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
Section 22. Section 53A-17a-131.15 is amended to read:
53A-17a-131.15. State contribution for the Electronic High School.
The state's contribution of [
year beginning July 1, [
to the school according to [
Chapter 46a, Utah Administrative Rulemaking Act.
Section 23. Section 53A-17a-131.17 is amended to read:
53A-17a-131.17. State contribution for a School LAND Trust Program.
(1) (a) [
$6,000,000 to the State Board of Education as the state's contribution for the School LAND Trust
Program for the fiscal year beginning July 1, [
(b) If the amount of money in the Uniform School Fund described in Subsection
53A-16-101.5 (2) is less than or greater than $6,000,000, the appropriation shall be equal to the
amount of money in the Uniform School Fund described in Subsection 53A-16-101.5 (2).
(2) The State Board of Education shall distribute the money appropriated in Subsection (1)
in accordance with Section 53A-16-101.5 and rules established by the board in accordance with Title
63, Chapter 46a, Utah Administrative Rulemaking Act.
Section 24. 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 [
recruitment program, for the fiscal year beginning July 1, [
Board of Education for distribution according to Title 53A, Chapter 1a, Part 6, Public Education Job
Enhancement Program.
Section 25. Section 53A-17a-132 is amended to read:
53A-17a-132. Experimental and developmental programs.
(1) The state's contribution of [
programs for the fiscal year beginning July 1, [
Education for distribution to school districts pursuant to [
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.
[
[
[
[
[
Section 26. Section 53A-17a-133 is amended to read:
53A-17a-133. State-supported voted leeway program authorized -- Election
requirements -- State guarantee -- Reconsideration of the program.
(1) An election to consider adoption or modification of a voted leeway program is required
if initiative petitions signed by 10% of the number of electors who voted at the last preceding general
election are presented to the local school board or by action of the board.
(2) (a) To establish a voted leeway program, a majority of the electors of a district voting at
an election in the manner set forth in Section 53A-16-110 must vote in favor of a special tax.
(b) The district may maintain a school program which exceeds the cost of the program
referred to in Section 53A-17a-145 with this voted leeway.
(c) In order to receive state support the first year, a district must receive voter approval no
later than December 1 of the year prior to implementation.
(d) The additional program is the state-supported voted leeway program of the district.
(3) (a) Under the voted leeway program, the state shall contribute an amount sufficient to
guarantee $17.14 per weighted pupil unit for each .0001 of the first .0016 per dollar of taxable value.
(b) The same dollar amount guarantee per weighted pupil unit for the .0016 per dollar of
taxable value under Subsection (3)(a) shall apply to the board-approved leeway authorized in Section
53A-17a-134 , so that the guarantee shall apply up to a total of .002 per dollar of taxable value if a
school district levies a tax rate under both programs.
(c) (i) Beginning July 1, [
shall be indexed each year to the value of the weighted pupil unit by making the value of the
guarantee equal to [
(ii) The guarantee shall increase by .0005 times the value of the prior year's weighted pupil
unit for each succeeding year until the guarantee is equal to .010544 times the value of the prior
year's weighted pupil unit.
(d) (i) The amount of state guarantee money to which a school district would otherwise be
entitled to under Subsection (3) may not be reduced for the sole reason that the district's levy is
reduced as a consequence of changes in the certified tax rate under Section 59-2-924 pursuant to
changes in property valuation.
(ii) Subsection (3)(d)(i) applies for a period of two years following any such change in the
certified tax rate.
(4) (a) An election to modify an existing voted leeway program is not a reconsideration of
the existing program unless the proposition submitted to the electors expressly so states.
(b) A majority vote opposing a modification does not deprive the district of authority to
continue an existing program.
(c) If adoption of a leeway program is contingent upon an offset reducing other local school
board levies, the board must allow the electors, in an election, to consider modifying or discontinuing
the program prior to a subsequent increase in other levies that would increase the total local school
board levy.
(d) Nothing contained in this section terminates, without an election, the authority of a
school district to continue an existing voted leeway program previously authorized by the voters.
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 [
statewide.
(b) The preliminary estimate for the [
(c) The State Tax Commission shall certify on or before June 22 the rate that generates
[
(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 .
[
[
(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.
(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-17a-146 is amended to read:
53A-17a-146. Reduction of district allocation based on insufficient revenues.
(1) (a) If it is necessary because of insufficient revenues in the Uniform School Fund [
to support schools under Title 53A, Chapter 17a, Minimum School Program Act, [
reduce each school district's and charter school's allocation of monies appropriated to support school
districts and charter schools.
(b) Each school district's or charter school's share of the total reduction of appropriations to
support school districts and charter schools shall be in the same proportion of the school district's
or charter school's allocation of appropriated monies is to the total appropriations to support school
districts and charter schools.
(2) Each district and charter school shall determine which programs are affected by, and the
amount of, the reductions.
(3) The requirement to spend a specified amount in any particular program is waived if
reductions are required under this section.
Section 29. Section 53A-17a-148 is enacted to read:
53A-17a-148. Use of nonlapsing balances.
For the fiscal year beginning on July 1, 2002, the State Board of Education may use up to
$300,000 of nonlapsing balances for the following:
(1) to stabilize the value of the weighted pupil unit;
(2) to maintain program levels in school districts that may experience unanticipated and
unforeseen losses of students;
(3) to equalize programs in school districts where a strict application of the law provides
inequity;
(4) to pay the added cost when students attend school out of state;
(5) to assist in the operation of the laboratory school at Utah State University, through the
allocation of monies for a career ladder program at the school; and
(6) other uses approved by the board.
Section 30. 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, [
[
Section 31. Intent language.
It is the intent of the Legislature that no more than $70,000 of the monies appropriated
to fund the School LAND Trust program shall be expended for administration of the program each
year.
Section 32. Repealer.
This act repeals:
Section 53A-17a-113.5, Appropriations subcommittees' joint annual meetings.
Section 53A-17a-117, Approval of expenditures.
Section 53A-17a-131.4, State contribution to Alternative Language Services Program.
Section 33. Effective date.
This act takes effect on July 1, 2002.
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