H.B. 53

1

SCHOOL BUILDING SIZE LIMITATION
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David N. Cox
5 This act modifies provisions relating to the State System of Public Education by
6 establishing maximum size standards for school buildings constructed by school districts
7 receiving monies under the capital outlay foundation program.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 53A-21-103, as last amended by Chapter 234, Laws of Utah 2001
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 53A-21-103 is amended to read:
13 53A-21-103. Qualifications for participation in the foundation program --
14 Distribution of monies -- Distribution formulas.
15 (1) (a) In order for a school district to qualify for monies under the capital outlay
16 foundation program established in Subsection 53A-21-102 (1), a local school board [must]
17 shall:
18 (i) levy a tax rate of up to .0024 per dollar of taxable value for capital outlay and debt
19 service[.]; and
20 (ii) provide for the construction of new school buildings in accordance with the
21 standards specified in Subsection (1)(b).
22 (b) Beginning January 1, 2005, a school district receiving monies under the capital
23 outlay foundation program shall construct each school building to accommodate no more than
24 the following number of pupils per grade:
25 (i) elementary schools - 90 pupils per grade;
26 (ii) kindergarten through grade 8 schools - 100 pupils per grade;
27 (iii) junior high and middle schools - 200 pupils per grade; and

28 (iv) high schools - 300 pupils per grade.
29 (2) (a) The State Board of Education shall adopt a rule in accordance with Title 63,
30 Chapter 46a, Utah Administrative Rulemaking Act, that allows a school district levying less
31 than the full .0024 tax rate to receive proportional funding under the foundation program based
32 upon the percentage of the .0024 tax rate levied by the district.
33 (b) The rules may include hold harmless provisions for up to two years.
34 (3) The State Board of Education shall distribute monies in the capital outlay
35 foundation program in accordance with a formula developed by the state superintendent of
36 public instruction based on a minimum guarantee per average daily membership as computed
37 by the state superintendent using:
38 (a) available monies; and
39 (b) the assessed valuation per average daily membership in each school district.




Legislative Review Note
as of 12-6-02 11:47 AM

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

Office of Legislative Research and General Counsel