H.B. 382 Enrolled

SUPPLEMENTAL MINIMUM SCHOOL PROGRAM
FINANCE ACT
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Gordon E. Snow
Senate Sponsor: Howard A. Stephenson

LONG TITLE
General Description:
This bill provides funding for the Minimum School Program.
Highlighted Provisions:
This bill:
. establishes the value of the weighted pupil unit at $2,280;
. establishes a ceiling for the state contribution to the maintenance and operations
portion of the Minimum School Program for fiscal year 2005-06 of $1,795,446,575;
. modifies the funding formula for the Enrollment Growth Program;
. makes one-time appropriations to the State Board of Education for fiscal year
2004-05 for:
. the Electronic High School; and
. youth in custody programs; and
. makes one-time appropriations to the State Board of Education for fiscal year
2005-06 for:
. teachers' supplies and materials;
. online testing;
. the Enrollment Growth Program; and
. the Public Education Job Enhancement Program.
Monies Appropriated in this Bill:
This bill appropriates:
. as an ongoing appropriation, $1,795,446,575 for fiscal year 2005-06; and

. $13,721,000 in one-time appropriations.
Other Special Clauses:
This bill provides an effective date.
This bill provides a coordination clause with H.B. 3.
This bill provides a coordination clause with H.B. 249.
Utah Code Sections Affected:
AMENDS:
53A-17a-103, as last amended by Chapter 257, Laws of Utah 2004
53A-17a-104, as last amended by Chapter 257, Laws of Utah 2004
53A-17a-148, as last amended by Chapter 257, Laws of Utah 2004
53A-21-103.5, as enacted by Chapter 320, Laws of Utah 2003
Uncodified Material Affected:
ENACTS UNCODIFIED MATERIAL

Be it enacted by the Legislature of the state of Utah:
Section 1. 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 [$2,182] $2,280, except as otherwise provided in this chapter.
(2) "Certified revenue levy" means a property tax levy that provides an amount of ad
valorem property tax revenue equal to the sum of:
(a) the amount of property tax revenue to be generated statewide in the previous year
from imposing a minimum basic tax rate, as specified in Subsection 53A-17a-135 (1)(a); and
(b) the product of:
(i) new growth, as defined in Section 59-2-924 and rules of the State Tax Commission;

and
(ii) the minimum basic tax rate certified by the State Tax Commission for the previous
year.
(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).
(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.
(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 attendance requirements, excluding time spent viewing commercial
advertising.
(d) The program includes the total of the following annual costs:
(i) the cost of a basic state-supported school program; and
(ii) other amounts appropriated in this chapter in addition to the basic program.
(6) "Weighted pupil unit or units or WPU or WPUs" 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 2. 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 minimum school program
may not exceed the sum of [$1,698,739,911] $1,795,446,575 for the fiscal year beginning July 1,
[2004] 2005, except as otherwise provided by the Legislature through supplemental

appropriations.
(2) [As an ongoing appropriation subject to future budget constraints, there] There is
appropriated from [the Uniform School Fund] state and local funds for fiscal year [2004-05 to the
State Board of Education] 2005-06 for distribution to school districts and charter schools, in
accordance with this chapter, monies for the following purposes and in the following amounts:
(a) basic program - kindergarten, [$49,053,542 (22,481 WPUs)] $50,992,200 (22,365
WPUs);
(b) basic program - grades 1-12, [$956,377,146 (438,303 WPUs)] $1,014,932,880
(445,146 WPUs);
(c) basic program - professional staff, [$93,420,148 (42,814 WPUs)] $99,273,480
(43,541 WPUs);
(d) basic program - administrative costs, [$3,626,484 (1,662 WPUs)] $3,789,360 (1,662
WPUs);
(e) basic program - necessarily existent small schools and units for consolidated schools,
[$16,729,394 (7,667 WPUs)] $17,779,440 (7,798 WPUs);
(f) special education - regular program - add-on WPUs for students with disabilities,
[$117,590,162 (53,891 WPUs)] $125,589,240 (55,083 WPUs);
(g) preschool special education program, [$14,540,848 (6,664 WPUs)] $16,509,480
(7,241 WPUs);
(h) self-contained regular WPUs, [$27,447,378 (12,579 WPUs)] $29,213,640 (12,813
WPUs);
(i) extended year program for severely disabled, [$765,882 (351 WPUs)] $813,960 (357
WPUs);
(j) special education programs in state institutions and district impact aid, [$3,006,796
(1,378 WPUs)] $3,196,560 (1,402 WPUs);
(k) applied technology and technical education district programs, [$51,709,036 (23,698
WPUs)] $54,943,440 (24,098 WPUs), including [$943,426] $985,880 for summer applied
technology agriculture programs;

(l) applied technology district set-aside, [$2,203,820 (1,010 WPUs)] $2,348,400 (1,030
WPUs);
(m) class size reduction, [$65,902,946 (30,203 WPUs)] $70,162,440 (30,773 WPUs);
(n) Social Security and retirement programs, [$261,482,231] $272,358,812;
(o) pupil transportation to and from school, [$57,061,128] $59,058,267, of which not
less than [$1,981,195] $2,050,537 shall be allocated to the Utah Schools for the Deaf and Blind
to pay for transportation costs of the schools' students;
(p) guarantee transportation levy, $500,000;
(q) Local Discretionary Block Grant Program, [$21,824,448] $21,820,748;
(r) Interventions for Student Success Block Grant Program, [$14,908,708] $15,842,347;
(s) Quality Teaching Block Grant Program, [$57,426,623] $59,428,023;
(t) highly impacted schools, $5,123,207;
(u) at-risk programs, [$24,778,484] $26,557,600;
(v) adult education, [$5,826,865] $7,630,805;
(w) accelerated learning programs, [$8,695,104] $8,999,293;
(x) electronic high school, [$700,000] $1,000,000;
(y) School LAND Trust Program, [$8,820,000] $9,920,000;
(z) state-supported voted leeway, [$159,084,242] $176,006,519;
(aa) state-supported board leeway, [$45,357,016] $48,398,486; [and]
(bb) charter schools, pursuant to Section 53A-1a-513 , [$5,002,450.] $12,559,950;
(cc) K-3 Reading Improvement Program, $12,500,000; and
(dd) state-supported board leeway for K-3 Reading Improvement Program, $15,000,000.
Section 3. Section 53A-17a-148 is amended to read:
53A-17a-148. Use of nonlapsing balances.
(1) For the fiscal year beginning on July 1, 2004, the State Board of Education may use
up to $300,000 of nonlapsing balances for the following:
(a) to stabilize the value of the weighted pupil unit;
(b) to maintain program levels in school districts that may experience unanticipated and

unforeseen losses of students;
(c) to equalize programs in school districts where a strict application of the law provides
inequity;
(d) to pay the added cost when students attend school out of state; and
(e) other uses approved by the board.
(2) For the fiscal year beginning on July 1, [2004] 2005, the State Board of Education
may use up to $1,000,000 of uncommitted nonlapsing balances for adult high school completion
and adult basic skill programs.
(3) For the fiscal year beginning on July 1, 2004, the State Board of Education shall use
Minimum School Program nonlapsing balances to supplement the appropriation to charter
schools for the replacement of local property tax revenues, up to the amount allowed under their
formula detailed in Subsection 53A-1a-513 (4).
Section 4. Section 53A-21-103.5 is amended to read:
53A-21-103.5. Qualifications for participation in the Enrollment Growth Program
-- State Board of Education rules -- Distribution formula.
[(1) (a) In order to qualify for monies under the Enrollment Growth Program established
in Section 53A-21-102 , a school district must be a recipient of monies distributed under the
Capital Outlay Foundation Program, except as provided in Subsection (1)(b).]
[(b) A school district that is not a recipient of Capital Outlay Foundation Program
monies in fiscal year 2003-04, fiscal year 2004-05, or both, may qualify for monies under the
Enrollment Growth Program if the school district received Capital Outlay Foundation Program
monies in fiscal year 2002-03.]
(1) As used in this section:
(a) "ADM" means average daily membership.
(b) "Derived valuation" means total school district property tax current collections from
April 1 through the following March 31, divided by the tax rates for the same year.
(c) "Yield per ADM" means the product of the derived valuation multiplied by .0024,
divided by average daily membership.

(2) (a) The State Board of Education shall distribute monies in the Enrollment Growth
Program to qualifying school districts whose:
(i) average net enrollment for the prior three years is a net increase in enrollment[.]; and
(ii) yield per ADM is less than two times the prior year's average yield per ADM for Utah
school districts.
(b) A school district that meets the criteria of Subsection (2)(a) shall receive Enrollment
Growth Program monies in the same proportion that the district's three-year average net
enrollment bears to the total three-year net enrollment of all the districts that meet the criteria of
Subsection (2)(a).
(c) The State Board of Education shall make rules in accordance with Title 63, Chapter
46a, Utah Administrative Rulemaking Act, to administer this section.
Section 5. One-time appropriation for classroom supplies.
(1) There is appropriated from the Uniform School Fund to the State Board of Education
for fiscal year 2005-06 only, $6,079,000 for classroom supplies and materials.
(2) (a) The board shall distribute the appropriation to classroom teachers in school
districts, the Schools for the Deaf and the Blind, the Edith Bowen Laboratory School, and charter
schools on the basis of the number of classroom teachers in each school as compared to the total
number of classroom teachers.
(b) Teachers shall receive up to the following amounts:
(i) a teacher on salary schedule steps one through three teaching in grades kindergarten
through six or preschool handicapped - $350;
(ii) a teacher on salary schedule steps one through three teaching in grades seven through
twelve - $300;
(iii) a teacher on salary schedule step four or higher teaching in grades kindergarten
through six or preschool handicapped - $275; and
(iv) a teacher on salary schedule step four or higher teaching in grades seven through
twelve - $225.
(c) If the appropriation in Subsection (1) is not sufficient to provide to each teacher the

full amount allowed under Subsection (2)(b), teachers on salary schedule steps one through three
shall receive the full amount allowed with the remaining monies apportioned to all other
teachers.
(d) Teachers shall spend the money for school supplies, materials, or field trips under
rules adopted by the State Board of Education.
(e) As used in this section, "classroom teacher" or "teacher" means permanent teacher
positions filled by one teacher or two or more job-sharing teachers:
(i) who are licensed personnel;
(ii) who are paid on the teacher's salary schedule;
(iii) who are hired for an entire contract period; and
(iv) whose primary function is to provide instructional or a combination of instructional
and counseling services to students in public schools.
Section 6. One-time appropriation for online testing and Enrollment Growth
Program.
There is appropriated from the Uniform School Fund to the State Board of Education for
fiscal year 2005-06 only:
(1) $2,500,000 to be distributed to school districts and charter schools to implement a
uniform online summative test system in accordance with Section 53A-1-708 ; and
(2) $5,000,000 for the Enrollment Growth Program described in Section 53A-21-103.5 .
Section 7. One-time appropriation for Public Education Job Enhancement
Program.
(1) There is appropriated from the Uniform School Fund for fiscal year 2005-06 only,
($500,000) to the State Board of Education for the Public Education Job Enhancement Program
created in Section 53A-1a-601.
(2) The appropriation in Subsection (1) is a subtraction from amounts appropriated in
2nd Substitute H.B. 188, Public Education Job Enhancement Program.
Section 8. One-time appropriations for fiscal year 2004-05.
There is appropriated from the Uniform School Fund to the State Board of Education for

fiscal year 2004-05 only:
(1) $200,000 for the Electronic High School; and
(2) $442,000 for distribution to school districts for youth in custody programs.
Section 9. Effective date.
This bill takes effect on July 1, 2005, except that uncodified Section 8, One-time
appropriations for fiscal year 2004-05, takes effect on May 2, 2005.
Section 10. Coordinating H.B. 382 and H.B. 3.
(1) If this H.B. 382 and H.B. 3, Minimum School Program Act Amendments, both pass,
it is the intent of the Legislature that the amendments to Sections 53A-17a-103 and 53A-17a-104
in H.B. 382 supersede the amendments to Sections 53A-17a-103 and 53A-17a-104 in H.B. 3
when the Office of Legislative Research and General Counsel prepares the Utah Code database
for publication.
(2) If this H.B. 382 and H.B. 3, Minimum School Program Act Amendments, both pass,
it is the intent of the Legislature that the amendments to Subsection 53A-17a-148(2) in H.B. 382
supercede the amendments to Subsection 53A-17a-148(2) in H.B. 3 and that the remaining
subsections be renumbered when the Office of Legislative Research and General Counsel
prepares the Utah Code database for publication.
Section 11. Coordinating H.B. 382 with H.B. 249
If this H.B. 382 and H.B. 249, Carson Smith Special Needs Scholarships, both pass, it is
the intent of the Legislature that the Office of Legislative Research and General Counsel make
the following changes in preparing the Utah Code database for publication:
(1) Subsection 53A-17a-104(1) shall read: "(1) The total contribution of the state toward
the cost of the minimum school program may not exceed the sum of $1,794,543,275 for the
fiscal year beginning July 1, 2005, except as otherwise provided by the Legislature through
supplemental appropriations.";
(2) Subsection 53A-17a-104(2)(f) shall read: "(f) special education - regular program -
add-on WPUs for students with disabilities, $125,076,240 (54,858 WPUs);";
(3) Subsection 53A-17a-104(2)(h) shall read: "(h) self-contained regular WPUs,

$28,999,320 (12,719 WPUs);";
(4) Subsection 53A-17a-104(2)(n) shall read: "(n) Social Security and retirement
programs, $272,224,533;" ;
(5) Subsection 53A-17a-104(2)(z) shall read: "(z) state-supported voted leeway,
$175,975,385;"; and
(6) Subsection 53A-17a-104(2)(aa) shall read: "(aa) state-supported board leeway,
$48,387,919;".