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S.B. 3 Enrolled

                 

MINIMUM SCHOOL PROGRAM ACT

                 
AMENDMENTS

                 
2002 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Howard A. Stephenson

                  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                      53A-17a-123, as repealed and reenacted by Chapter 335, Laws of Utah 2001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.

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                      (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.

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                      (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 [professional development block grant program] Quality Teaching Block Grant
                  Program authorized under the Minimum School Program Act.
                      [(5) (a) For the fiscal year beginning July 1, 2001, school districts shall use $10,000,000 of
                  the school professional development appropriation made in Section 53A-17a-124 , for teacher
                  professional development days beyond the regular school year as follows:]
                      [(i) each school district shall use its allocation for teacher professional development related
                  to implementing and maintaining the Utah Performance Assessment System for Students and may
                  use such training models as Schools for All and Urban Learning Centers in its professional
                  development program; and]
                      [(ii) monies for these two additional days shall be allocated to a school district without
                  requiring matching monies.]
                      [(b) For the fiscal year beginning July 1, 2002, the Legislature shall increase the funding for
                  teacher professional development under Section 53A-17a-124 and Subsection (5)(a) to provide for
                  a total of three days of teacher professional development related to implementing and maintaining
                  the Utah Performance Assessment System for Students.]
                      [(c) Schools are urged to collaborate with one another in the implementation of the teacher
                  development program under Subsection (5)(a) to maximize the effectiveness of the appropriation.]
                      [(d) It is the intent of the Legislature that of the $10,000,000 allocated to school districts for
                  additional days $42,305 shall be allocated to the Utah Schools for the Deaf and the Blind per day for
                  each additional day funded.]
                      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

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                  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
                  [and may be included as part of a district's teenage pregnancy prevention program authorized under
                  Section 53A-17a-121 ].
                      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 [$2,116] $2,132, except as otherwise provided in this chapter.
                      (2) "Certified revenue levy" means a property tax levy that provides the same amount of ad
                  valorem property tax revenue as was collected for the prior year, plus new growth, but exclusive of
                  revenue from collections from redemptions, interest, and penalties.
                      (3) "Leeway program" or "leeway" means a state-supported voted leeway program or board
                  leeway program authorized under Section 53A-17a-133 or 53A-17a-134 .
                      (4) "Pupil in average daily membership (ADM)" means a full-day equivalent pupil.
                      (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).
                      [(a)] (b) The minimum school program established in the districts shall include the
                  equivalent of a school term of nine months as determined by the State Board of Education.
                      [(b)] (c) (i) The board shall establish the number of days or equivalent instructional hours
                  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 [990-hour] attendance requirements, excluding time spent viewing

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                  commercial advertising.
                      [(c)] (d) The program shall be operated and maintained for the total of the following annual
                  costs:
                      (i) the cost of a basic state-supported school program;
                      (ii) [the amount] other amounts appropriated in [Section 53A-17a-123 for the local
                  discretionary block grant] Chapter 17a in addition to the basic program; and
                      [(iii) the amount appropriated in Section 53A-17a-125 for retirement and social security;]
                      [(A) each school district shall receive its share of retirement and social security monies based
                  on its total weighted pupil units compared to the total weighted pupil units for all districts in the
                  state;]
                      [(B) the monies needed to support retirement and social security shall be determined by
                  taking the district's prior year allocation and adjusting it for student growth, for the percentage
                  increase in the value of the weighted pupil unit, and the effect of any change in the rates for
                  retirement, social security, or both;]
                      [(iv) the amount of the employer contribution required or made in behalf of employees under
                  Sections 49-2-301 and 49-3-301 ;]
                      [(v) the amount of the employer contribution under Section 1400 of the Federal Insurance
                  Contribution Act in accordance with Section 67-11-5 for local school boards;]
                      [(vi) the amount appropriated in Chapter 17a:]
                      [(A) for a professional development block grant program;]
                      [(B) for state-supported transportation;]
                      [(C) for families, agencies, and communities together for children and youth at risk
                  programs;]
                      [(D) for experimental and developmental programs;]
                      [(E) for alternative language services programs;]
                      [(F) for highly impacted schools;]
                      [(G) for a guarantee transportation levy program;]
                      [(H) for a school land trust program;]

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                      [(I) for adult education programs;]
                      [(J) for At-risk programs;]
                      [(K) for accelerated learning programs;]
                      [(L) for a math and science beginning teacher recruitment program;]
                      [(M) for a block grant hold harmless program; and]
                      [(N) for an electronic high school program; and]
                      [(vii) the cost of a leeway program.]
                      [(d)] (iii) [The program includes] school construction aid programs authorized under Title
                  53A, Chapter 21, Public Education Capital Outlay Act.
                      (6) "Weighted pupil unit or units" means the unit of measure of factors that is computed in
                  accordance with this chapter for the purpose of determining the costs of a program on a uniform
                  basis for each district.
                      Section 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[, as provided and defined in Section 53A-17a-103 ,] may
                  not exceed the sum of [$1,607,061,760] $1,586,482,794 for the [2001-02 school year] fiscal year
                  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                                    [$2,116] $2,132
                  Weighted             Purpose                 Per Weighted
                  Pupil Units            State Contribution                 Pupil Unit
                  [20,616] 20,097    Basic program - kindergarten.        [ $43,623,456] $42,846,804
                  [427,244] 429,871    Basic program - grades 1-12.         [$904,048,304] $916,484,972

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                  [41,394] 41,187    Basic program - professional staff.        [ $87,589,704] $87,810,684
                  1,655         Basic program - administrative costs.     [$3,501,980] $3,528,460
                  [7,336] 7,386    Basic program - necessarily existent small     [$15,522,976] $15,746,952
                               schools and units for consolidated schools.    
                  [53,153] 52,997    Special education - regular program     [$112,471,748] $112,989,604
                               - add-on WPUs for students with disabilities.
                  [6,109] 6,146    Preschool Special Education Program.     [$12,926,644] $13,103,272
                  [12,466] 12,542    Self-contained regular WPUs.         [$26,378,056] $26,739,544
                  [237] 238        Extended year program for severely disabled. [$501,492] $507,416
                  [1,350] 1,358    Special education - state programs.         [$2,856,600] $2,895,256
                  [23,423] 23,566    Applied technology and technical education     [$49,563,068] $50,242,712
                               district programs.
                  [989] 995        Applied technology district set-aside.     [$2,092,724] $2,121,340
                  [29,577] 29,757    Class size reduction.                 [$62,584,932] $63,441,924
                  [625,549] 627,795    TOTAL OF ALL ABOVE PROGRAMS [$1,323,661,684] $1,338,458,940
                              [Professional Development Block Grant.         $68,821,511]
                              Social Security and retirement programs. [$214,685,479] $217,072,218
                               Pupil Transportation to and from school.    [$55,745,940] $56,164,040
                              Guarantee Transportation Levy.             $500,000
                              Local Discretionary Block Grant Program.     [$49,948,636] $21,824,448
                              Interventions for Student Success Block Grant Program    $15,553,062
                              Quality Teaching Block Grant Program            $69,178,111
                              Math and Science - Beginning Teacher Recruitment. [$2,400,000] $500,000
                              [Families, Agencies, and Communities Together.     $1,250,670]
                              [Alternative Language Services.             $3,528,564]
                              Highly Impacted Schools.                 $5,123,207
                              At-risk Programs.                 [$25,023,588] $24,324,161
                              Adult Education.                 [$8,368,247] $8,431,047

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                              Accelerated Learning Programs.         [$9,551,074] $8,622,674
                              [Block Grant Hold Harmless.                 $3,897,110]
                              Experimental and Developmental Program.     [$3,102,369] $602,369
                              Electronic High School.             [$200,000] $400,000
                              School LAND Trust Program.         [$5,200,000] $6,000,000
                              State-supported voted leeway.     [$141,362,359] $141,682,087
                              State-supported board leeway.         [$41,149,682] $41,465,445
                              Total estimated contributions to     [$1,963,520,120] $1,955,901,809
                               school districts for all programs.    
                              Less estimated proceeds from     [$356,458,360] $369,419,015
                               state-supported local levies.
                              TOTAL STATE FUNDS         [$1,607,061,760] $1,586,482,794
                      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 [$155,134,540 (73,315] for the
                  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 [$112,471,748] $112,989,604 for add-on WPUs for
                  students with disabilities enrolled in regular programs.
                      (3) The number of weighted pupil units for students with disabilities shall reflect the direct
                  cost of programs for those students conducted in accordance with [definitions, guidelines, rules, and
                  standards] rules established by the State Board of Education in accordance with Title 63, Chapter
                  46a, Utah Administrative Rulemaking Act.
                      (4) Disability program monies allocated to districts are restricted and shall be spent for the
                  education of students with disabilities but may include expenditures for approved programs of
                  services conducted for certified instructional personnel who have students with disabilities in their
                  classes.

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                      (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.

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                      (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 [$155,134,540] $156,235,092 appropriation under Section 53A-17a-111
                  is:
                      (a) an amount of [$12,926,644] $13,103,272 for preschool special education programs;
                      (b) an amount of [$26,378,056] $26,739,544 for self-contained regular WPU special
                  education programs;
                      (c) an amount of [$501,492] $507,416 for extended year programs for the severely disabled;
                  and
                      (d) an amount of [$2,856,600] $2,895,256 for special education programs in state institutions
                  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.

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                      (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[, hereafter referred to in this
                  section as the board, $49,563,068 (23,423] for the fiscal year beginning July 1, 2002, $50,242,712
                  (23,566 weighted pupil units) to pay [the added instructional costs of] for approved applied
                  technology education programs and the comprehensive guidance program.
                      [(a)] (b) Included in the appropriation is [$890,836] $908,232 ([421] 426 weighted pupil
                  units) for summer applied technology agriculture programs.
                      (c) The money appropriated in this Subsection (1):
                      [(b) These monies are] (i) shall be allocated to eligible recipients as provided in Subsections
                  (2), (3), and (4)[.]; and
                      [(c)] (ii) [Money appropriated under Subsection 53A-17a-113 (1) and any money
                  appropriated for work-based education] may not be used to fund programs below the ninth grade
                  level.
                      (2) Weighted pupil units are computed for pupils in approved programs.
                      (a) The board shall fund approved programs based upon hours of membership of 9th through
                  12th grade students.
                      (b) The board shall use an amount not to exceed 20% of the total appropriation under this
                  section to fund approved programs based on performance measures such as placement and
                  competency attainment defined in standards set by the board [for districts to qualify for applied
                  technology funding].
                      (c) Leadership organization funds shall constitute an amount not to exceed 1% of the total

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                  appropriation under this section, and shall be distributed to each local educational agency sponsoring
                  applied technology student leadership organizations [in a ratio representing] based on the agency's
                  share of the state's total membership in those organizations.
                      (d) The board shall make the necessary calculations for distribution of the appropriation to
                  school districts and may revise and recommend changes necessary for achieving equity and ease of
                  administration.
                      (3) (a) Twenty weighted pupil units shall be computed for applied technology education
                  administrative costs for each district, [or] except 25 weighted pupil units may be computed for each
                  district that consolidates applied technology administrative services with one or more other districts.
                      (b) Between 10 and 25 weighted pupil units shall be computed for each high school
                  conducting approved applied technology education programs in a district according to standards
                  established by the board.
                      (c) Forty weighted pupil units shall be computed for each district that operates an approved
                  district applied technology center.
                      (d) Between five and seven weighted pupil units shall be computed for each summer applied
                  technology agriculture program according to standards established by the board.
                      (e) The board shall, by rule, establish qualifying criteria for districts to receive weighted
                  pupil units under Subsection (3).
                      (4) (a) [All monies allocated under Subsection (1) are computed by] Monies remaining after
                  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

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                  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 [district applied technology center, an applied technology center, area
                  applied technology school, or skills center] regional applied technology college created under Title
                  53B, Chapter 2a, Utah College of Applied Technology, the student may attend that institution.
                      [(2) (a) Funds allocated under Subsection (1) are for approved programs designed to meet
                  performance criteria and guidelines established by the state board.]
                      [(b) Efforts shall focus upon placement of students into jobs or into further training in a
                  directly related program.]
                      [(3)] (2) Students served under this section in [an applied technology center, area applied
                  technology school, skills center, or district applied technology center] a regional applied technology
                  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 [$2,092,724 (989] for the fiscal
                  year beginning July 1, 2002, $2,121,340 (995 weighted pupil units) for an applied technology
                  set-aside program.
                      [(2) Applied technology set-aside funds appropriated to the board are allocated by Request
                  for Proposal (RFP) to provide a district minimum payment for applied technology education.]
                      [(3)] (2) Each district shall receive a guaranteed minimum allocation from the monies
                  appropriated in Subsection (1).
                      [(4)] (3) The set-aside funds remaining after the initial minimum payment allocation are
                  distributed by an RFP process to help pay for equipment costs necessary to initiate new programs
                  and for high priority programs as determined by labor market information.

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                      Section 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 [$8,368,247] for the fiscal year
                  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 [$9,551,074] for the fiscal year
                  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.

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                      (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] rules
                  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 [$25,023,588] for the fiscal year
                  beginning July 1, 2002, $24,324,161 for allocation to local school boards for at-risk programs,
                  including the following:
                      (a) youth in custody;
                      [(b) adolescent pregnancy prevention;]
                      [(c)] (b) homeless and disadvantaged minority students;
                      [(d)] (c) mathematics, engineering, and science achievement programs;
                      [(e)] (d) gang prevention and intervention; and
                      [(f)] (e) at-risk flow through.
                      (2) Districts shall spend monies for these programs according to [standards] rules 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

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                  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 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)] (3) (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)] (3)(b)(i) and (ii) by the value of the weighted
                  pupil unit; and

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                      (iv) prorating the amount under Subsection [(4)] (3)(b)(iii) to the amount in Subsection [(4)]
                  (3)(a).
                      [(5)] (4) (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.
                      (b) The board shall make the distribution to school districts on a competitive basis by
                  application under guidelines established by the board.
                      [(6)] (5) (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)] (6) (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)] (7) 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 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, [2001, $49,948,636 for a local discretionary block grant program comprised of the following
                  components:] 2002, $21,824,448 for the Local Discretionary Block Grant Program.
                      [(a) truancy intervention and prevention;]
                      [(b) an unrestricted local program;]
                      [(c) incentives for excellence;]

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                      [(d) the Educational Technology Initiative;]
                      [(e) character education;]
                      [(f) school nurses;]
                      [(g) alternative middle schools;]
                      [(h) reading initiative;]
                      [(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.]
                      [(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.]
                      (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.

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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 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, [2001, $68,821,511] 2002, $69,178,111 for [teacher professional development programs and
                  teacher career ladders for distribution to school districts on the basis of each district's total weighted
                  pupil units in kindergarten, grades one through 12, and the necessarily existent small schools
                  portions of the Minimum School Program as compared to the state total] the Quality Teaching Block
                  Grant Program.
                      [(2) Each school district may spend career ladder monies:]
                      [(a) to pay a performance bonus to teachers judged by the district as being outstanding in
                  regular classroom performance;]
                      [(b) (i) for additional nonteaching days for teachers to devote to curriculum development,
                  inservice training, preparation, and related activities;]
                      [(ii) a local board of education may specifically use from the career ladder appropriation an

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                  amount equivalent to $300 per eligible teacher per year for approved inservice costs, for daily
                  stipends, for per diem expenses, and for eligible teacher trainers; and]
                      [(c) for negotiated additional teacher compensation for extending the length of the
                  instructional day or the number of instructional days.]
                      [(3) Of the amount appropriated, $10,000,000 shall be distributed by the State Board of
                  Education for teacher professional development days beyond the regular school year under Section
                  53A-3-701 and standards established by the board in accordance with Title 63, Chapter 46a, Utah
                  Administrative Procedures Act.]
                      (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, [2001, $62,584,932 (29,577] 2002, $63,441,924 (29,757 weighted pupil units) to reduce the
                  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)

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                  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.

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                      (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, [2001, $214,685,479] 2002, $217,072,218 for retirement and social security costs.
                      (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.

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                      (1) The state's contribution of [$55,745,940] $56,164,040 for state-supported transportation
                  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
                  [$1,923,148] $1,936,610 to be deducted prior to any other distribution under this section to school
                  districts, and allocated to the Utah Schools for the Deaf and the Blind to pay transportation costs of
                  the schools' students.
                      (b) The Utah Schools for the Deaf and the Blind shall utilize these funds to pay for
                  transportation of their students based on current valid contractual arrangements and best
                  transportation options and methods as determined by the schools.
                      (c) All student transportation costs of the schools shall be paid from the allocation received
                  under Subsection (2).
                      (3) Each district shall receive its approved transportation costs, except that if during the
                  fiscal year the total transportation allowance for all districts exceeds the amount appropriated, all
                  allowances shall be reduced pro rata to equal not more than that amount.
                      (4) 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.

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                      (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, [2001] 2002, is appropriated to the State Board of Education for distribution
                  according to the formula adopted by the board under Section 53A-15-701 , which authorizes the
                  Highly Impacted Schools Program.
                      Section 20. Section 53A-17a-131.9 is amended to read:
                       53A-17a-131.9. Agencies coming together for children and youth at risk.
                      (1) [There is] Monies appropriated [$1,250,670] to or received by 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, 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, [2001] 2002, is appropriated to the State Board of Education for

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                  distribution to school districts according to [guidelines] rules established by the board in accordance
                  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 [$200,000] $400,000 for the Electronic High School for the fiscal
                  year beginning July 1, [2001] 2002, is appropriated to the State Board of Education for distribution
                  to the school according to [guidelines] rules established by the board in accordance with Title 63,
                  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) [The state's contribution of $5,200,000 or the amount as determined by Subsections
                  53A-16-101.5 (1), (2), and (3) for a] Except as provided in Subsection (1)(b), there is appropriated
                  $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, [2001, is appropriated to the State Board of Education
                  for distribution to school districts according to guidelines] 2002.
                      (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 [$2,400,000] $500,000 for a math and science beginning teacher
                  recruitment program, for the fiscal year beginning July 1, [2001] 2002, is appropriated to the State
                  Board of Education for distribution according to Title 53A, Chapter 1a, Part 6, Public Education Job
                  Enhancement Program.

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                      Section 25. Section 53A-17a-132 is amended to read:
                       53A-17a-132. Experimental and developmental programs.
                      (1) The state's contribution of [$3,102,369] $602,369 for experimental and developmental
                  programs for the fiscal year beginning July 1, [2001] 2002, is appropriated to the State Board of
                  Education for distribution to school districts pursuant to [standards] rules established by the board
                  in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
                      (2) (a) A school district may fund a new experimental or developmental program with
                  monies appropriated under Subsection (1) for a maximum of three consecutive years.
                      (b) After the third year, the district shall either fund the program with regular ongoing
                  program monies or terminate the program.
                      [(3) (a) The State Board of Education shall allocate $100,000 of the
                  experimental-developmental appropriation for programs to improve the efficiency of classified
                  employees in the public schools.]
                      [(b) The programs should include training components, classified staffing formulas, and
                  preventative maintenance formulas.]
                      [(4) (a) The State Board of Education shall allocate $584,900 of the appropriation for the
                  planning, development, and implementation of alternative experimental pilot programs, using
                  licensed teachers, which are cooperative ventures that have demonstrated support of parents, the
                  recognized teachers' organization, administrators, and students.]
                      [(b) The State Board of Education shall select schools for the pilot programs by a grant
                  process using selection criteria developed by the state board.]
                      [(5) Models for experimental activities similar to the nine district consortium activities are
                  permissible under the experimental and developmental appropriation.]
                      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

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                  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, [2002] 2003, the $17.14 guarantee under Subsections (3)(a) and (b)
                  shall be indexed each year to the value of the weighted pupil unit by making the value of the
                  guarantee equal to [.009044] .008544 times the value of the prior year's weighted pupil unit.
                      (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.

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                      (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 [$196,908,771] $206,690,578 in revenues
                  statewide.
                      (b) The preliminary estimate for the [2001-02] 2002-03 tax rate is [.001768] .001813.
                      (c) The State Tax Commission shall certify on or before June 22 the rate that generates
                  [$196,908,771] $206,690,578 in revenues statewide.
                      (d) If the minimum basic tax rate exceeds the certified revenue levy as defined in Section
                  59-2-102 , the state is subject to the notice requirements of Section 59-2-926 .
                      [(e) For the calendar year beginning on January 1, 1998, and ending December 31, 1998, the
                  certified revenue levy shall be increased by the amount necessary to offset the decrease in revenues
                  from uniform fees on tangible personal property under Section 59-2-405 as a result of the decrease
                  in uniform fees on tangible personal property under Section 59-2-405 enacted by the Legislature
                  during the 1997 Annual General Session.]
                      [(f) For the calendar year beginning on January 1, 1999, and ending on December 31, 1999,
                  the certified revenue levy shall be adjusted by the amount necessary to offset the adjustment in
                  revenues from uniform fees on tangible personal property under Section 59-2-405.1 as a result of the
                  adjustment in uniform fees on tangible personal property under Section 59-2-405.1 enacted by the

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                  Legislature during the 1998 Annual General Session.]
                      (2) (a) The state shall contribute to each district toward the cost of the basic program in the
                  district that portion which exceeds the proceeds of the levy authorized under Subsection (1).
                      (b) In accord with the state strategic plan for public education and to fulfill its responsibility
                  for the development and implementation of that plan, the Legislature instructs the State Board of
                  Education, the governor, and the Office of Legislative Fiscal Analyst in each of the coming five                   years
                  to develop budgets that will fully fund student enrollment growth.
                      (3) (a) If the proceeds of the levy authorized under Subsection (1) equal or exceed the cost
                  of the basic program in a school district, no state contribution shall be made to the basic program.
                      (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 [and
                  the Mineral Lease Account of the General Fund] for the Legislature to reduce appropriations made
                  to support schools under Title 53A, Chapter 17a, Minimum School Program Act, [and Title 53A,
                  Chapters 21, Public Education Capital Outlay Act, and 22, Construction of Schools in Districts with
                  New Industrial Plants,] the State Board of Education, after consultation with each school district[,
                  shall reduce that district's allocation by an amount equal to the legislatively imposed percentage
                  reduction in the total state contribution to the support of the public schools.] and charter school, shall
                  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.

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                      (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, [2001] 2002, shall consist of an appropriation totaling
                  [$38,358,000] $28,358,000 to the State Board of Education from the Uniform School Fund.
                      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.

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                      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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