First Substitute H.B. 185

Representative Duane E. Bourdeaux proposes the following substitute bill:

1 EDUCATION ACCOUNTABILITY
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Duane E. Bourdeaux
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Minimum School Program to provide funding for students with
10 limited English proficiency.
11 Highlighted Provisions:
12 This bill:
13 . decreases the appropriation to the Interventions for Student Success Block Grant
14 and appropriates the amount of the decrease to programs for students with limited
15 English proficiency;
16 . specifies how monies appropriated for programs for students with limited English
17 proficiency shall be distributed and used;
18 . requires the State Board of Education to make rules; and
19 . makes technical changes.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill takes effect on July 1, 2006.
24 This bill coordinates with S.B. 3 by providing that certain amendments in this bill
25 supersede the amendments in S.B. 3.

26 This bill coordinates with S.B. 5 by providing that certain amendments in this bill
27 supersede the amendments in S.B. 5.
28 Utah Code Sections Affected:
29 AMENDS:
30 53A-17a-104, as last amended by Chapters 9 and 184, Laws of Utah 2005
31 ENACTS:
32 53A-17a-121.5, Utah Code Annotated 1953
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 53A-17a-104 is amended to read:
36 53A-17a-104. Amount of state's contribution toward minimum school program.
37 (1) The total contribution of the state toward the cost of the minimum school program
38 may not exceed the sum of $1,794,543,275 for the fiscal year beginning July 1, [2005] 2006,
39 except as otherwise provided by the Legislature through supplemental appropriations.
40 (2) There is appropriated from state and local funds for fiscal year [2005-06] 2006-07
41 for distribution to school districts and charter schools, in accordance with this chapter, monies
42 for the following purposes and in the following amounts:
43 (a) basic program - kindergarten, $50,992,200 (22,365 WPUs);
44 (b) basic program - grades 1-12, $1,014,932,880 (445,146 WPUs);
45 (c) basic program - professional staff, $99,273,480 (43,541 WPUs);
46 (d) basic program - administrative costs, $3,789,360 (1,662 WPUs);
47 (e) basic program - necessarily existent small schools and units for consolidated
48 schools, $17,779,440 (7,798 WPUs);
49 (f) special education - regular program - add-on WPUs for students with disabilities,
50 $125,076,240 (54,858 WPUs);
51 (g) preschool special education program, $16,509,480 (7,241 WPUs);
52 (h) self-contained regular WPUs, $28,999,320 (12,719 WPUs);
53 (i) extended year program for severely disabled, $813,960 (357 WPUs);
54 (j) special education programs in state institutions and district impact aid, $3,196,560
55 (1,402 WPUs);
56 (k) applied technology and technical education district programs, $54,943,440 (24,098

57 WPUs), including $985,880 for summer applied technology agriculture programs;
58 (l) applied technology district set-aside, $2,348,400 (1,030 WPUs);
59 (m) class size reduction, $70,162,440 (30,773 WPUs);
60 (n) Social Security and retirement programs, $272,224,533;
61 (o) pupil transportation to and from school, $59,058,267, of which not less than
62 $2,050,537 shall be allocated to the Utah Schools for the Deaf and Blind to pay for
63 transportation costs of the schools' students;
64 (p) guarantee transportation levy, $500,000;
65 (q) Local Discretionary Block Grant Program, $21,820,748;
66 (r) Interventions for Student Success Block Grant Program, [$15,842,347]
67 $12,198,607;
68 (s) Quality Teaching Block Grant Program, $59,428,023;
69 (t) programs for students with limited English proficiency, $3,643,740;
70 [(t)] (u) highly impacted schools, $5,123,207;
71 [(u)] (v) at-risk programs, $26,557,600;
72 [(v)] (w) adult education, $7,630,805;
73 [(w)] (x) accelerated learning programs, $8,999,293;
74 [(x)] (y) electronic high school, $1,000,000;
75 [(y)] (z) School LAND Trust Program, $9,920,000;
76 [(z)] (aa) state-supported voted leeway, $175,975,385;
77 [(aa)] (bb) state-supported board leeway, $48,387,919;
78 [(bb)] (cc) charter schools, pursuant to Section 53A-1a-513 , $12,559,950;
79 [(cc)] (dd) K-3 Reading Improvement Program, $12,500,000; and
80 [(dd)] (ee) state-supported board leeway for K-3 Reading Improvement Program,
81 $15,000,000.
82 Section 2. Section 53A-17a-121.5 is enacted to read:
83 53A-17a-121.5. Programs for students with limited English proficiency.
84 (1) The State Board of Education shall distribute money appropriated for programs for
85 students with limited English proficiency in Section 53A-17a-104 to school districts and
86 charter schools on the basis of the number of students with limited English proficiency enrolled
87 in each school district or charter school in the prior fiscal year.

88 (2) Each school district and charter school shall use its distribution of money under
89 Subsection (1) to meet the English language acquisition and academic needs of students with
90 limited English proficiency.
91 (3) The State Board of Education shall make rules in accordance with Title 63, Chapter
92 46a, Utah Administrative Rulemaking Act, to administer this section.
93 Section 3. Effective date.
94 This bill takes effect on July 1, 2006.
95 Section 4. Coordinating H.B. 399 with S.B. 3 -- Substantively superseding
96 amendments.
97 If this H.B. 399 and S.B. 3, Minimum School Program Base Budget Amendments, both
98 pass, it is the intent of the Legislature that the appropriation for the Interventions for Student
99 Success Block Grant under Subsection 53A-17a-104 (2)(r) in this bill supersedes the
100 appropriation for the Interventions for Student Success Block Grant under Subsection
101 53A-17a-104 (2)(r) in S.B. 3 when the Office of Legislative Research and General Counsel
102 prepares the Utah Code database for publication.
103 Section 5. Coordinating H.B. 399 with S.B. 5 -- Substantively superseding
104 amendments.
105 If this H.B. 399 and S.B. 5, Amendments to the Minimum School Program Budget,
106 both pass, it is the intent of the Legislature that the appropriation for the Interventions for
107 Student Success Block Grant under Subsection 53A-17a-104 (2)(r) in this bill supersedes the
108 appropriation for the Interventions for Student Success Block Grant under Subsection
109 53A-17a-104 (2)(r) in S.B. 5 when the Office of Legislative Research and General Counsel
110 prepares the Utah Code database for publication.