S.B. 151

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Senate Committee Amendments 2-7-2005 rd/sch This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 7, 2005 at 11:06 AM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Feb 15, 2005 at 3:49 PM by rday. --> This document includes Senate Committee Amendments (CORRECTED) incorporated into the bill on Thu, Feb 17, 2005 at 8:52 AM by rday. --> 1

DRIVER EDUCATION AMENDMENTS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Thomas V. Hatch
5
6 LONG TITLE
7 General Description:
8 This bill modifies the State System of Public Education by amending provisions related
9 to driver education funding.
10 Highlighted Provisions:
11 This bill:
12 . repeals a provision that allows a school district to exclude certain costs in
13 determining the cost of driver education for funding purposes; S. [and]
13a1 . changes the date that state superintendent of public instruction shall disburse funds
13a2 for driver education costs from prior to September 2nd to prior to November 1st following the
13a3 school year during which it was expended;
13a . clarifies that the date a local school board is required to report certain driver
13b education information to the state superintendent of public instruction is no later than October
13c 1 of each year;
13d . provides that if a local school board does not report certain driver education
13e information to the state superintendent of public instruction, the school district may not be
13f reimbursed for certain driver education costs; and .S
14 . makes technical changes.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 53A-13-202, as last amended by Chapter 23, Laws of Utah 2003

21a S. 53A-13-204, as last amended by Chapter 32, Laws of Utah 2003 .S
22

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Senate Committee Amendments 2-15-2005 rd/sch 23

Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 53A-13-202 is amended to read:
25 53A-13-202. Driver education funding -- Reimbursement of school districts for
26 driver education class expenses -- Limitations -- Excess funds -- Student fees.
27 (1) (a) [Except as provided in Subsection (1)(b), a] A school district that provides

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Senate 2nd Reading Amendments 2-15-2005 rd/sch

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driver education shall fund the program solely through:
29 (i) funds provided from the Automobile Driver Education Tax Account in the Uniform
30 School Fund as created under Section 41-1a-1205 ; and
31 (ii) student fees collected by each school.
32 [(b) In determining the cost of driver education, a school district may exclude:]
33 [(i) the full-time equivalent cost of a teacher for a driver education class taught during
34 regular school hours; and]
35 [(ii) classroom space and classroom maintenance.]
36 [(c)] (b) A school district may not use any additional school funds [beyond those
37 allowed under Subsection (1)(b)] to subsidize driver education.
38 (2) (a) S. [ The ] Except as provided in Subsection 53A-13-204(2), the.S state
38a superintendent of public instruction shall, prior to S. [ September 2nd ] November 1st .S
39 following the school year during which it was expended, or may at earlier intervals during that
40 school year, reimburse each school district that applied for reimbursement in accordance with
41 this section.
42 (b) A school district that maintains driver education classes that conform to this part
43 and the rules prescribed by the board may apply for reimbursement for the actual cost of
44 providing the behind-the-wheel and observation training incidental to those classes.
45 (3) Under the state board's supervision for driver education, a school district may:
46 (a) employ personnel who are not licensed by the board under Section 53A-6-104; or
47 (b) contract with private parties or agencies licensed under Section 53-3-504 for the
48 behind-the-wheel phase of the driver education program.
49 (4) The reimbursement amount shall be paid out of the Automobile Driver Education
50 Tax Account in the Uniform School Fund and may not exceed:
51 (a) $100 per student who has completed driver education during the school year;
52 (b) $30 per student who has only completed the classroom portion in the school or
53 through the electronic high school during the school year; or
54 (c) $70 per student who has only completed the behind-the-wheel and observation
55 portion in the school during the school year.
56 (5) If the amount of money in the account at the end of a school year is less than the
57 total of the reimbursable costs, the state superintendent of public instruction shall allocate the
58 money to each school district in the same proportion that its reimbursable costs bear to the total

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Corrected Senate Committee Amendments 2-17-2005 rd/sch

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reimbursable costs of all school districts.
60 (6) If the amount of money in the account at the end of any school year is more than the
61 total of the reimbursement costs provided under Subsection (4), the superintendent may
62 allocate the excess funds to school districts:
63 (a) to reimburse each school district that applies for reimbursement of the cost of a fee
64 waived under Section 53A-12-103 for driver education; and
65 (b) to aid in the procurement of equipment and facilities which reduce the cost of
66 behind-the-wheel instruction.
67 (7) A local school board shall establish the student fee for driver education for the
68 school district. Student fees shall be reasonably associated with the costs of driver education
69 that are not otherwise covered by reimbursements and allocations made under this section.
69a S.Section 2. Section 53A-13-204 is amended to read:
69b 53A-13-204. Reports as to costs of driver training programs.
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A local school board seeking reimbursement shall, at the end of each

69d school year but no later than October 1 of each year and at other times as designated by the
69e State Board of Education, report the following to the state superintendent of public
69f instruction:
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the costs of providing driver education including a separate

69h accounting for:
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course work; and

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behind-the-wheel and observation training to students;

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the costs of fees waived under Section 53A-12-103 for driver

69l education including a separate accounting for:
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course work; and

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behind-the-wheel and observation training to students;

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the number of students who completed driver education

69p including a separate accounting for:
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course work; and

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behind-the-wheel and observation training to students;

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whether or not a passing grade was received; and

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any other information the State Board of Education may

69u require for the purpose of administering this program.
69v (2) Notwithstanding any other provision under this part, a school district may not be
69w reimbursed in accordance with Section 53A-13-202 if the local school board does not report to
69x the state superintendent of public instruction as required under this section. .S

Legislative Review Note
as of 1-27-05 8:56 AM

Based on a limited legal review, this legislation has not been determined to have a high

probability of being held unconstitutional.

Office of Legislative Research and General Counsel