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Second Substitute S.B. 2
8 LONG TITLE
9 General Description:
10 This bill provides funding for the Minimum School Program and other education
12 Highlighted Provisions:
13 This bill:
14 . establishes the value of the weighted pupil unit at $2,577;
15 . establishes a ceiling for the state contribution to the maintenance and operations
16 portion of the Minimum School Program for fiscal year 2008-09 of $2,497,012,086;
17 . modifies provisions related to the funding of charter schools;
18 . modifies requirements regarding instructional materials;
19 . authorizes the use of appropriations for accelerated learning programs for
20 International Baccalaureate programs;
21 . modifies the positions that qualify for educator salary adjustments and increases the
22 salary adjustments for those positions;
23 . establishes and funds the following ongoing programs:
24 . a pilot project using a home-based educational technology program to develop
25 school readiness skills of preschool children;
26 . a financial and economic literacy passport to track student mastery of certain
28 . the Teacher Salary Supplement Program to provide a salary supplement to an
29 eligible teacher;
30 . stipends for special educators for additional days of work;
31 . an optional grant program to provide an extended year for math and science
32 teachers through the creation of Utah Science Technology and Research
34 . the High-ability Student Initiative Program to provide resources for educators to
35 enhance the academic growth of high-ability students;
36 . the English Language Learner Family Literacy Centers Program; and
37 . career and technical education online assessment;
38 . makes one-time appropriations for fiscal year 2008-09 for:
39 . pupil transportation to and from school;
40 . the Beverley Taylor Sorenson Elementary Arts Learning Program to provide
41 grants to integrate arts teaching and learning into selected schools; and
42 . classroom supplies;
43 . provides a repeal date for certain pilot programs;
44 . makes nonlapsing appropriations; and
45 . makes technical corrections.
46 Monies Appropriated in this Bill:
47 This bill appropriates:
48 . the following Minimum School Program Monies:
49 . $2,438,692,586 from the Uniform School Fund for fiscal year 2008-09;
50 . $26,499,500 from the Uniform School Fund Restricted - Interest and Dividends
51 Account for fiscal year 2008-09;
52 . $31,820,000 from the Uniform School Fund for fiscal year 2008-09 only; and
53 . $280,000 from the Uniform School Fund for fiscal year 2007-08 only; and
54 . the following other education program monies:
55 . $3,000,000 from the Uniform School Fund for fiscal year 2008-09;
56 . $150,000 from the Uniform School Fund for fiscal year 2008-09 only;
57 . $1,000,000 from the Uniform School Fund for fiscal year 2007-08 only;
58 . $250,000 from the General Fund for fiscal year 2008-09; and
59 . $50,000 from the General Fund for fiscal year 2007-08 only.
60 Other Special Clauses:
61 This bill provides an effective date.
62 This bill coordinates with H.B. 1 by providing superseding and substantive
64 Utah Code Sections Affected:
66 53A-1a-502.5, as last amended by Laws of Utah 2007, Chapter 344
67 53A-1a-513, as last amended by Laws of Utah 2005, Chapters 9 and 291
68 53A-14-107, as enacted by Laws of Utah 2007, Chapter 349
69 53A-17a-103, as last amended by Laws of Utah 2007, Chapters 107 and 372
70 53A-17a-104, as last amended by Laws of Utah 2007, Chapters 2, 344, 368, and 372
71 53A-17a-108, as last amended by Laws of Utah 2007, Chapter 344
72 53A-17a-120, as last amended by Laws of Utah 2007, Chapter 368
73 53A-17a-126, as last amended by Laws of Utah 2003, Chapters 221 and 320
74 53A-17a-127, as last amended by Laws of Utah 2001, Chapter 73
75 53A-17a-153, as enacted by Laws of Utah 2007, Chapter 380
76 63-55b-153, as last amended by Laws of Utah 2007, Chapter 216
78 53A-1a-1001, Utah Code Annotated 1953
79 53A-1a-1002, Utah Code Annotated 1953
80 53A-1a-1003, Utah Code Annotated 1953
81 53A-1a-1004, Utah Code Annotated 1953
82 53A-1a-1005, Utah Code Annotated 1953
83 53A-1a-1006, Utah Code Annotated 1953
84 53A-1a-1007, Utah Code Annotated 1953
85 53A-13-110, Utah Code Annotated 1953
86 53A-17a-156, Utah Code Annotated 1953
87 53A-17a-157, Utah Code Annotated 1953
88 53A-17a-158, Utah Code Annotated 1953
89 53A-17a-159, Utah Code Annotated 1953
90 53A-17a-160, Utah Code Annotated 1953
91 53A-17a-161, Utah Code Annotated 1953
92 53A-17a-162, Utah Code Annotated 1953
94 Be it enacted by the Legislature of the state of Utah:
95 Section 1. Section 53A-1a-502.5 is amended to read:
96 53A-1a-502.5. Charter schools -- Maximum authorized students.
97 (1) The State Charter School Board and local school boards may only authorize a
98 combined maximum student capacity of:
101 (b) beginning in the 2009-10 school year, an annual increase in charter school
102 enrollment capacity equal to 1.4% of total school district enrollment as of October 1 of the
103 previous school year.
104 (2) (a) The State Board of Education, in consultation with the State Charter School
105 Board, shall allocate the students under Subsection (1) between the State Charter School Board
106 and local school boards.
107 (b) One-third of the student capacity described under Subsection (1)(b) shall be
108 allocated to increase the maximum student capacity of operating charter schools.
109 (c) If the operating charter schools do not use the allocation described under
110 Subsection (2)(b), the remaining student capacity may be used by new charter schools.
111 Section 2. Section 53A-1a-513 is amended to read:
112 53A-1a-513. Funding for charter schools.
113 (1) As used in this section:
114 (a) "Charter school students' average local revenues" means the amount determined as
116 (i) for each student enrolled in a charter school on the previous October 1, calculate the
117 district per pupil local revenues of the school district in which the student resides;
118 (ii) sum the district per pupil local revenues for each student enrolled in a charter
119 school on the previous October 1; and
120 (iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of students
121 enrolled in charter schools on the previous October 1.
122 (b) "District per pupil local revenues" means the amount determined as follows, using
123 data from the most recently published school district annual financial reports and state
124 superintendent's annual report:
125 (i) calculate the sum of a school district's revenue received from:
126 (A) a voted levy imposed under Section 53A-17a-133 ;
127 (B) a board levy imposed under Section 53A-17a-134 ;
128 (C) 10% of the cost of the basic program levy imposed under Section 53A-17a-145 ;
129 (D) a tort liability levy imposed under Section 63-30d-704 ;
130 (E) a capital outlay levy imposed under Section 53A-16-107 ; and
131 (F) a voted capital outlay levy imposed under Section 53A-16-110 ; and
132 (ii) divide the sum calculated under Subsection (1)(b)(i) by the sum of:
133 (A) a school district's average daily membership; and
134 (B) the average daily membership of a school district's resident students who attend
135 charter schools.
136 (c) "Resident student" means a student who is considered a resident of the school
137 district under Title 53A,Chapter 2, District of Residency.
138 (d) "Statewide average debt service revenues" means the amount determined as
139 follows, using data from the most recently published state superintendent's annual report:
140 (i) sum the revenues of each school district from the debt service levy imposed under
141 Section 11-14-310 ; and
142 (ii) divide the sum calculated under Subsection (1)(d)(i) by statewide school district
143 average daily membership.
145 Subsections [
147 (b) Charter schools authorized by local school boards that are converted from district
148 schools or operate in district facilities without paying reasonable rent shall receive funding as
149 prescribed in Section 53A-1a-515 .
151 state funds, as applicable, on the same basis as a school district receives funds.
152 (b) In distributing funds under Title 53A, Chapter 17a, Minimum School Program Act,
153 to charter schools, charter school pupils shall be weighted, where applicable, as follows:
154 (i) .55 for kindergarten pupils;
155 (ii) .9 for pupils in grades 1-6;
156 (iii) .99 for pupils in grades 7-8; and
157 (iv) 1.2 for pupils in grades 9-12.
177 (4) (a) (i) Except as provided in Subsection (4)(a)(ii), a school district shall allocate a
178 portion of school district revenues for each resident student of the school district who is
179 enrolled in a charter school on October 1 equal to 25% of the lesser of:
180 (A) district per pupil local revenues; or
181 (B) charter school students' average local revenues.
182 (ii) For the purpose of allocating school district revenues under Subsection (4)(a)(i), a
183 kindergarten student who is enrolled in less than a full-day kindergarten program is weighted as
184 .55 of a student.
185 (iii) Nothing in this Subsection (4)(a) affects the school bond guarantee program
186 established under Chapter 28, Utah School Bond Guaranty Act.
187 (b) The State Board of Education shall:
188 (i) deduct an amount equal to the allocation provided under Subsection (4)(a) from
189 state funds the school district is authorized to receive under Title 53A, Chapter 17a, Minimum
190 School Program Act; and
191 (ii) remit the money to the student's charter school.
192 (c) Notwithstanding the method used to transfer school district revenues to charter
193 schools as provided in Subsection (4)(b), a school district may deduct the allocations to charter
194 schools under this section from:
195 (i) unrestricted revenues available to the school district; or
196 (ii) the revenue sources listed in Subsections (1)(b)(i)(A) through (F) based on the
197 portion of the allocations to charter schools attributed to each of the revenue sources listed in
198 Subsections (1)(b)(i)(A) through (F).
199 (d) (i) Subject to future budget constraints, the Legislature shall provide an
200 appropriation for charter schools for each student enrolled on October 1 to supplement the
201 allocation of school district revenues under Subsection (4)(a).
202 (ii) Except as provided in Subsections (4)(d)(iii) and (iv), the amount of money
203 provided by the state for a charter school student shall be the sum of:
204 (A) charter school students' average local revenues minus the allocation of school
205 district revenues under Subsection (4)(a); and
206 (B) statewide average debt service revenues.
207 (iii) If the total of a school district's allocation for a charter school student under
208 Subsection (4)(a) and the amount provided by the state under Subsection (4)(d)(ii) is less than
209 $1427, the state shall provide an additional supplement so that a charter school receives at least
210 $1427 per student under this Subsection (4).
211 (iv) For the purpose of providing state monies for charter school students under this
212 Subsection (4)(d), a kindergarten student who is enrolled in less than a full-day kindergarten
213 program is weighted as .55 of a student.
215 shall be expended for funding school facilities only.
228 (5) Charter schools are eligible to receive federal funds if they meet all applicable
229 federal requirements and comply with relevant federal regulations.
230 (6) The State Board of Education shall distribute funds for charter school students
231 directly to the charter school.
232 (7) (a) Notwithstanding Subsection [
233 state transportation funding.
234 (b) The board shall also adopt rules relating to the transportation of students to and
235 from charter schools, taking into account Sections 53A-2-210 and 53A-17a-127 .
236 (c) The governing body of the charter school may provide transportation through an
237 agreement or contract with the local school board, a private provider, or with parents.
238 (8) (a) (i) The state superintendent of public instruction may allocate grants for both
239 start-up and ongoing costs to eligible charter school applicants from monies appropriated for
240 the implementation of this part.
241 (ii) Applications for the grants shall be filed on a form determined by the state
242 superintendent and in conjunction with the application for a charter.
243 (iii) The amount of a grant may vary based upon the size, scope, and special
244 circumstances of the charter school.
245 (iv) The governing board of the charter school shall use the grant to meet the expenses
246 of the school as established in the school's charter.
247 (b) The State Board of Education shall coordinate the distribution of federal monies
248 appropriated to help fund costs for establishing and maintaining charter schools within the
250 (9) (a) A charter school may receive, hold, manage and use any devise, bequest, grant,
251 endowment, gift, or donation of any property made to the school for any of the purposes of this
253 (b) It is unlawful for any person affiliated with a charter school to demand or request
254 any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
255 with the charter school as a condition for employment or enrollment at the school or continued
256 attendance at the school.
259 Section 3. Section 53A-1a-1001 is enacted to read:
261 53A-1a-1001. Definitions.
262 As used in this part:
263 (1) "Contractor" means the educational technology provider selected by the State Board
264 of Education under Section 53A-1a-1002 .
265 (2) "Low income" means an income below 200% of the federal poverty guideline.
266 (3) "Preschool children" means children who are:
267 (a) age four or five; and
268 (b) have not entered kindergarten.
269 (4) "UPSTART" means the pilot project established by Section 53A-1a-1002 that uses
270 a home-based educational technology program to develop school readiness skills of preschool
272 Section 4. Section 53A-1a-1002 is enacted to read:
273 53A-1a-1002. Pilot project to develop school readiness skills of preschool children.
274 (1) UPSTART, a pilot project that uses a home-based educational technology program
275 to develop school readiness skills of preschool children, is established within the public
276 education system.
277 (2) UPSTART is created to:
278 (a) evaluate the effectiveness of giving preschool children access, at home, to
279 interactive individualized instruction delivered by computers and the Internet to prepare them
280 academically for success in school; and
281 (b) test the feasibility of scaling a home-based curriculum in reading, math, and science
282 delivered by computers and the Internet to all preschool children in Utah.
283 (3) The State Board of Education shall contract with an educational technology
284 provider, selected through a request for proposals process, for the delivery of a home-based
285 educational technology program for preschool children that meets the requirements of
286 Subsection (4).
287 (4) A home-based educational technology program for preschool children shall meet
288 the following standards:
289 (a) the contractor shall provide computer-assisted instruction for preschool children on
290 a home computer connected by the Internet to a centralized file storage facility;
291 (b) the contractor shall:
292 (i) provide technical support to families for the installation and operation of the
293 instructional software; and
294 (ii) provide for the installation of computer and Internet access in homes of low income
295 families that cannot afford the equipment and service;
296 (c) the contractor shall have the capability of doing the following through the Internet:
297 (i) communicating with parents;
298 (ii) updating the instructional software;
299 (iii) validating user access;
300 (iv) collecting usage data;
301 (v) storing research data; and
302 (vi) producing reports for parents, schools, and the Legislature;
303 (d) the program shall include the following components:
304 (i) computer-assisted, individualized instruction in reading, mathematics, and science;
305 (ii) a multisensory reading tutoring program; and
306 (iii) a validated computer adaptive reading test that does not require the presence of
307 trained adults to administer and is an accurate indicator of reading readiness of children who
308 cannot read;
309 (e) the contractor shall have the capability to quickly and efficiently modify, improve,
310 and support the product;
311 (f) the contractor shall work in cooperation with school district personnel who will
312 provide administrative and technical support of the program as provided in Section
313 53A-1a-1003 ;
314 (g) the contractor shall solicit families to participate in the program as provided in
315 Section 53A-1a-1004 ; and
316 (h) in implementing the home-based educational technology program, the contractor
317 shall seek the advise and expertise of early childhood education professionals within the Utah
318 System of Higher Education on issues such as:
319 (i) soliciting families to participate in the program;
320 (ii) providing training to families; and
321 (iii) motivating families to regularly use the instructional software.
322 (5) The contract shall provide funding for a home-based educational technology
323 program for preschool children for one year with an option to extend the contract for additional
324 years or to expand the program to a greater number of preschool children, subject to the
325 appropriation of money by the Legislature for UPSTART.
326 Section 5. Section 53A-1a-1003 is enacted to read:
327 53A-1a-1003. School district participation in UPSTART.
328 (1) A school district may participate in UPSTART if the local school board agrees to
329 work in cooperation with the contractor to provide administrative and technical support for the
330 pilot project.
331 (2) Family participants in UPSTART shall be solicited from school districts that
332 participate in UPSTART.
333 (3) A school district that participates in UPSTART shall:
334 (a) receive funding for:
335 (i) paraprofessional and technical support staff; and
336 (ii) travel, materials, and meeting costs of the program;
337 (b) participate in program training by the contractor; and
338 (c) agree to adopt standardized policies and procedures in implementing the pilot
340 Section 6. Section 53A-1a-1004 is enacted to read:
341 53A-1a-1004. Family participation in UPSTART.
342 (1) The contractor shall solicit families to participate in UPSTART through a public
343 information campaign and referrals from participating school districts.
344 (2) (a) Preschool children who participate in UPSTART shall:
345 (i) be from families with diverse socioeconomic and ethnic backgrounds; and
346 (ii) reside in different regions of the state in both urban and rural areas.
347 (b) At least 30% of the preschool children who participate in UPSTART shall be from
348 low income families.
349 (3) A low income family that cannot afford a computer and Internet service to operate
350 the instructional software may obtain a computer and peripheral equipment on loan and receive
351 free Internet service for the duration of the family's participation in the pilot project.
352 (4) The contractor shall make the home-based educational technology program
353 available to families at an agreed upon cost if the number of families who would like to
354 participate in UPSTART exceeds the number of participants funded by the legislative
356 Section 7. Section 53A-1a-1005 is enacted to read:
357 53A-1a-1005. Purchase of equipment and service through cooperative purchasing
359 The State Board of Education or a school district may purchase computers, peripheral
360 equipment, and Internet service for low income families who cannot afford them through
361 cooperative purchasing contracts administered by the state Division of Purchasing and General
363 Section 8. Section 53A-1a-1006 is enacted to read:
364 53A-1a-1006. Audit and evaluation.
365 (1) The state auditor shall:
366 (a) conduct an annual audit of the contractor's use of funds for UPSTART; or
367 (b) contract with an independent certified public accountant to conduct an annual audit.
368 (2) The State Board of Education shall:
369 (a) require by contract that the contractor will open its books and records relating to its
370 expenditure of funds pursuant to the contract to the state auditor or the state auditor's designee;
371 (b) reimburse the state auditor for the actual and necessary costs of the audit; and
372 (c) contract with an independent, qualified evaluator, selected through a request for
373 proposals process, to evaluate the home-based educational technology program for preschool
375 (3) Of the monies appropriated by the Legislature for UPSTART, excluding funds used
376 to provide computers, peripheral equipment, and Internet service to families, no more than
377 7.5% may be used for the evaluation of the program.
378 Section 9. Section 53A-1a-1007 is enacted to read:
379 53A-1a-1007. Annual report.
380 (1) The State Board of Education shall make a report on UPSTART to the Education
381 Interim Committee by November 30 each year.
382 (2) The report shall:
383 (a) address the extent to which UPSTART is accomplishing the purposes for which it
384 was established as specified in Section 53A-1a-1002 ; and
385 (b) include the following information:
386 (i) the number of families:
387 (A) volunteering to participate in the program;
388 (B) selected to participate in the program;
389 (C) requesting computers; and
390 (D) furnished computers;
391 (ii) the frequency of use of the instructional software;
392 (iii) obstacles encountered with software usage, hardware, or providing technical
393 assistance to families;
394 (iv) student performance on pre-kindergarten and post-kindergarten assessments
395 conducted by school districts and charter schools for students who participated in the
396 home-based educational technology program and those who did not participate in the program;
398 (v) as available, the evaluation of the program conducted pursuant to Section
399 53A-1a-1006 .
400 Section 10. Section 53A-13-110 is enacted to read:
401 53A-13-110. Financial literacy education.
402 (1) As used in this section, "financial and economic literacy passport" means a
403 document that tracks mastery of financial and economic literacy concepts and completion of
404 financial and economic activities, including the following:
405 (a) basic budgeting;
406 (b) saving and financial investments;
407 (c) banking and financial services, including balancing a checkbook or a bank account;
408 (d) career management, including earning an income;
409 (e) rights and responsibilities of renting or buying a home;
410 (f) retirement planning;
411 (g) loans and borrowing money, including interest, credit card debt, predatory lending,
412 and payday loans;
413 (h) insurance;
414 (i) federal, state, and local taxes;
415 (j) charitable giving;
416 (k) online commerce;
417 (l) identity fraud and theft;
418 (m) negative financial consequences of gambling;
419 (n) bankruptcy;
420 (o) free markets and prices;
421 (p) supply and demand;
422 (q) monetary and fiscal policy;
423 (r) effective business plan creation, including using economic analysis in creating a
425 (s) scarcity and choices;
426 (t) opportunity cost and tradeoffs;
427 (u) productivity;
428 (v) entrepreneurism; and
429 (w) economic reasoning.
430 (2) The State Board of Education shall:
431 (a) in cooperation with interested private and non-profit entities:
432 (i) develop a financial and economic literacy passport that students may elect to
434 (ii) develop methods of encouraging parent and educator involvement in completion of
435 the financial and economic literacy passport; and
436 (iii) develop and implement appropriate recognition and incentives for students who
437 complete the financial and economic literacy passport, including:
438 (A) a financial and economic literacy endorsement on the student's diploma of
440 (B) a specific designation on the student's official transcript; and
441 (C) any incentives offered by community partners;
442 (b) more fully integrate existing and new financial and economic literacy education
443 into instruction in kindergarten through twelfth grade by:
444 (i) coordinating financial and economic literacy instruction with existing instruction in
445 other core curriculum areas such as mathematics and social studies;
446 (ii) using curriculum mapping;
447 (iii) creating training materials and staff development programs that:
448 (A) highlight areas of potential coordination between financial and economic literacy
449 education and other core curriculum concepts; and
450 (B) demonstrate specific examples of financial and economic literacy concepts as a
451 way of teaching other core curriculum concepts; and
452 (iv) using appropriate financial and economic literacy assessments to improve financial
453 and economic literacy education and, if necessary, developing assessments;
454 (c) work with interested private and non-profit entities to:
455 (i) coordinate school use of existing financial and economic literacy education
456 resources; and
457 (ii) develop simple, clear, and consistent messaging to reinforce and link existing
458 financial literacy resources; and
459 (iii) coordinate the efforts of school, work, private, non-profit, and other financial
460 education providers in implementing methods of appropriately communicating to teachers,
461 students, and parents key financial and economic literacy messages; and
462 (d) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
463 make rules to develop guidelines and methods for school districts and charter schools to more
464 fully integrate financial and economic literacy education into other core curriculum courses.
465 (3) The state superintendent shall annually report to the Education Interim Committee
466 by November of each year on the successes and areas of needed improvement in financial and
467 economic literacy education provided pursuant to this section.
468 Section 11. Section 53A-14-107 is amended to read:
469 53A-14-107. Instructional materials alignment with core curriculum.
470 (1) A school district may not purchase primary instructional materials unless the
471 primary instructional materials provider:
472 (a) contracts with an independent party to evaluate and map the alignment of the
473 primary instructional materials with the core curriculum adopted under Section 53A-1-402 ;
474 (b) provides a detailed summary of the evaluation under Subsection (1)(a) on a public
475 website at no charge, for use by teachers and the general public; and
476 (c) pays the costs related to the requirements of this Subsection (1).
477 (2) The requirements under Subsection (1) may not be performed by:
478 (a) the State Board of Education;
479 (b) the superintendent of public instruction or the [
480 of Education;
481 (c) the State Instructional Materials Commission appointed pursuant to Section
482 53A-14-101 ;
483 (d) [
484 (e) the instructional materials creator or publisher.
485 (3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
486 the State Board of Education shall make rules that establish:
487 (a) the qualifications of the independent parties who may evaluate and map the
488 alignment of the primary instructional materials in accordance with the provisions of
489 Subsection (1)(a); and
490 (b) requirements for the detailed summary of the evaluation and its placement on a
491 public website in accordance with the provisions of Subsection (1)(b).
492 Section 12. Section 53A-17a-103 is amended to read:
493 53A-17a-103. Definitions.
494 As used in this chapter:
495 (1) "Basic state-supported school program" or "basic program" means public education
496 programs for kindergarten, elementary, and secondary school students that are operated and
497 maintained for the amount derived by multiplying the number of weighted pupil units for each
498 district by [
499 (2) (a) "Certified revenue levy" means a property tax levy that provides an amount of
500 ad valorem property tax revenue equal to the sum of:
501 (i) the amount of ad valorem property tax revenue to be generated statewide in the
502 previous year from imposing a minimum basic tax rate, as specified in Subsection
503 53A-17a-135 (1)(a); and
504 (ii) the product of:
505 (A) new growth, as defined in Section 59-2-924 and rules of the State Tax
506 Commission; and
507 (B) the minimum basic tax rate certified by the State Tax Commission for the previous
509 (b) For purposes of this Subsection (2), "ad valorem property tax revenue" does not
510 include property tax revenue received statewide from personal property that is:
511 (i) assessed by a county assessor in accordance with Title 59, Chapter 2, Part 3, County
512 Assessment; and
513 (ii) semiconductor manufacturing equipment.
514 (3) "Leeway program" or "leeway" means a state-supported voted leeway program or
515 board leeway program authorized under Section 53A-17a-133 or 53A-17a-134 .
516 (4) "Pupil in average daily membership (ADM)" means a full-day equivalent pupil.
517 (5) (a) "State-supported minimum school program" or "minimum school program"
518 means public school programs for kindergarten, elementary, and secondary schools as
519 described in this Subsection (5).
520 (b) The minimum school program established in the districts shall include the
521 equivalent of a school term of nine months as determined by the State Board of Education.
522 (c) (i) The board shall establish the number of days or equivalent instructional hours
523 that school is held for an academic school year.
524 (ii) Education, enhanced by utilization of technologically enriched delivery systems,
525 when approved by local school boards, shall receive full support by the State Board of
526 Education as it pertains to fulfilling the attendance requirements, excluding time spent viewing
527 commercial advertising.
528 (d) The program includes the total of the following annual costs:
529 (i) the cost of a basic state-supported school program; and
530 (ii) other amounts appropriated in this chapter in addition to the basic program.
531 (6) "Weighted pupil unit or units or WPU or WPUs" means the unit of measure of
532 factors that is computed in accordance with this chapter for the purpose of determining the
533 costs of a program on a uniform basis for each district.
534 Section 13. Section 53A-17a-104 is amended to read:
535 53A-17a-104. Amount of state's contribution toward minimum school program.
536 (1) The total contribution of the state toward the cost of the minimum school program
537 may not exceed the sum of [
538 1, [
540 (2) There is appropriated from state and local funds for fiscal year [
541 for distribution to school districts and charter schools, in accordance with this chapter, monies
542 for the following purposes and in the following amounts:
543 (a) basic program - kindergarten, [
544 (b) basic program - grades 1-12, [
546 (c) basic program - professional staff, [
548 (d) basic program - administrative costs, [
549 (e) basic program - necessarily existent small schools and units for consolidated
550 schools, [
551 (f) special education - regular program - add-on WPUs for students with disabilities,
553 (g) preschool special education program, [
555 (h) self-contained regular WPUs, [
556 (i) extended year program for severely disabled, [
558 (j) special education programs in state institutions and district impact aid, [
560 (k) career and technical education district programs, [
561 $67,530,285 (26,205 WPUs), including [
562 technical education agriculture programs;
563 (l) career and technical education district set-aside, [
564 (1,117 WPUs);
565 (m) class size reduction, [
566 (n) Social Security and retirement programs, [
567 (o) pupil transportation to and from school, [
568 less than [
569 to pay for transportation costs of the schools' students;
570 (p) guarantee transportation levy, $500,000;
571 (q) Local Discretionary Block Grant Program, $21,820,748;
572 (r) Interventions for Student Success Block Grant Program, [
574 (s) Quality Teaching Block Grant Program, [
575 (t) highly impacted schools, $5,123,207;
576 (u) at-risk programs, [
577 (v) adult education, [
578 (w) accelerated learning programs, [
579 (x) concurrent enrollment, [
580 (y) High-ability Student Initiative Program, $500,000;
581 (z) English Language Learner Family Literacy Centers, $2,000,000;
586 (cc) charter schools, pursuant to Section 53A-1a-513 , [
587 (dd) charter school administrative costs, [
588 (ee) K-3 Reading Improvement Program, [
592 (gg) educator salary adjustments, $148,260,200;
593 (hh) Teacher Salary Supplement Restricted Account, $4,300,000;
594 (ii) library books and electronic resources, $1,500,000;
595 (jj) school nurses, $1,000,000;
596 (kk) critical languages, $230,000;
597 (ll) extended year for special educators, $2,900,000;
598 (mm) USTAR Centers, $6,900,000;
599 (nn) state-supported voted leeway, $273,337,346;
600 (oo) state-supported board leeway, $71,575,858; and
601 (pp) state-supported board leeway for K-3 Reading Improvement Program,
603 Section 14. Section 53A-17a-108 is amended to read:
604 53A-17a-108. Weighted pupil units for school district administrative costs --
605 Appropriation for charter school administrative costs.
606 (1) Administrative costs weighted pupil units are computed and distributed to districts
607 in accordance with the following schedule:
609 School District Enrollment as of October 1 Weighted Pupil Units
610 1 - 2,000 students 53
611 2,001 - 10,000 students 48
612 10,001 - 20,000 students 25
613 20,001 and above 16
614 (2) (a) Money appropriated to the State Board of Education for charter school
615 administrative costs, including an appropriation in Section 53A-17a-104 , shall be distributed to
616 charter schools in the amount of [
617 (b) Charter schools are encouraged to identify and use cost-effective methods of
618 performing administrative functions, including contracting for administrative services with the
619 State Charter School Board as provided in Section 53A-1a-501.6 .
620 (3) Charter schools are not eligible for funds for administrative costs under Subsection
622 Section 15. Section 53A-17a-120 is amended to read:
623 53A-17a-120. Appropriation for accelerated learning programs.
624 (1) Money appropriated to the State Board of Education in Section 53A-17a-104 for
625 accelerated learning programs shall be allocated to local school boards and charter schools for
626 the following programs:
627 (a) programs in grades 1-12 for the gifted and talented; [
628 (b) advanced placement[
629 (c) International Baccalaureate.
630 (2) (a) Districts shall spend monies for these programs according to rules established
631 by the State Board of Education in accordance with Title 63, Chapter 46a, Utah Administrative
632 Rulemaking Act.
633 (b) The State Board of Education shall develop uniform and consistent policies for
634 school districts to follow in utilizing advanced placement monies.
635 Section 16. Section 53A-17a-126 is amended to read:
636 53A-17a-126. State support of pupil transportation.
637 (1) Money appropriated to the State Board of Education in Section 53A-17a-104 for
638 state-supported transportation of public school students shall be apportioned and distributed in
639 accordance with Section 53A-17a-127 , except as otherwise provided in this section.
640 (2) (a) The Utah Schools for the Deaf and the Blind shall use money appropriated in
641 Section 53A-17a-104 to pay for transportation of their students based on current valid
642 contractual arrangements and best transportation options and methods as determined by the
644 (b) All student transportation costs of the schools shall be paid from the allocation of
645 pupil transportation monies received under Section 53A-17a-104 .
646 (3) (a) A school district may only claim eligible transportation costs as legally reported
647 on the prior year's annual financial report submitted under Section 53A-3-404 . [
649 (b) The state shall contribute 85% of approved transportation costs, [
651 (c) If in a fiscal year the total transportation allowance for all districts exceeds the
652 amount appropriated for that purpose, all allowances shall be reduced pro rata to equal not
653 more than [
654 (4) Local school boards shall provide salary adjustments to employee groups that work
655 with the transportation of students comparable to those of classified employees authorized
656 under Section 53A-17a-137 , when dividing the weighted pupil unit for salary adjustment
658 Section 17. Section 53A-17a-127 is amended to read:
659 53A-17a-127. Eligibility for state-supported transportation -- Approved bus
660 routes -- Additional local tax.
661 (1) A student eligible for state-supported transportation means:
662 (a) a student enrolled in kindergarten through grade six who lives at least 1-1/2 miles
663 from school;
664 (b) a student enrolled in grades seven through 12 who lives at least two miles from
665 school; and
666 (c) a student enrolled in a special program offered by a school district and approved by
667 the State Board of Education for trainable, motor, multiple-disabled, or other students with
668 severe disabilities who are incapable of walking to school or where it is unsafe for students to
669 walk because of their disabling condition, without reference to distance from school.
670 (2) If a school district implements double sessions as an alternative to new building
671 construction, with the approval of the State Board of Education, those affected elementary
672 school students residing less than 1-1/2 miles from school may be transported one way to or
673 from school because of safety factors relating to darkness or other hazardous conditions as
674 determined by the local school board.
675 (3) (a) The State [
676 school districts based on [
677 (i) an allowance per mile for approved bus routes;
678 (ii) an allowance per hour for approved bus routes; [
679 (iii) an annual allowance for equipment and overhead costs based on approved bus
680 routes and the age of the equipment[
681 (iv) a minimum allocation for each school district eligible for transportation funding.
682 (b) The State Board of Education shall distribute appropriated transportation funds
683 based on the prior year's eligible transportation costs as legally reported under Subsection
684 53A-17a-126 (3).
686 Subsection (3)(a)(iii), it must meet federal and state regulations and standards for school buses.
688 mile, the allowance per hour, and the annual equipment and overhead allowance and adjust the
689 allowance to reflect current economic conditions.
690 (4) (a) Approved bus routes for funding purposes shall be determined on fall data
691 collected by October 1.
692 (b) Approved route funding shall be determined on the basis of the most efficient and
693 economic routes.
694 (5) A Transportation Advisory Committee with representation from local school
695 superintendents, business officials, school district transportation supervisors, and the [
697 addressing school transportation needs, including recommended approved bus routes.
698 (6) (a) A local school board may provide for the transportation of students who are not
699 eligible under Subsection (1), regardless of the distance from school, from:
700 (i) general funds of the district; and
701 (ii) a tax rate not to exceed .0003 per dollar of taxable value imposed on the district.
702 (b) A local school board may use revenue from the tax to pay for transporting
703 participating students to interscholastic activities, night activities, and educational field trips
704 approved by the board and for the replacement of school buses.
705 (c) (i) If a local school board levies a tax under Subsection (6)(a)(ii) of at least .0002,
706 the state may contribute an amount not to exceed 85% of the state average cost per mile,
707 contingent upon the Legislature appropriating funds for a state contribution.
708 (ii) The [
709 contribution according to rules enacted by the State Board of Education.
710 (d) (i) The amount of state guarantee money [
711 otherwise be entitled to receive under Subsection (6)(c) may not be reduced for the sole reason
712 that the district's levy is reduced as a consequence of changes in the certified tax rate under
713 Section 59-2-924 due to changes in property valuation.
714 (ii) Subsection (6)(d)(i) applies for a period of two years following the change in the
715 certified tax rate.
718 Section 18. Section 53A-17a-153 is amended to read:
719 53A-17a-153. Educator salary adjustments.
720 (1) As used in this section, "educator" means a person employed by a school district,
721 charter school, or the Utah Schools for the Deaf and the Blind who holds:
722 (a) a license issued under Title 53A, Chapter 6, Educator Licensing and Professional
723 Practices Act; and
724 (b) a position as a:
725 (i) classroom teacher;
726 (ii) speech pathologist;
727 (iii) librarian or media specialist;
728 (iv) preschool teacher;
736 (2) In recognition of the need to attract and retain highly skilled and dedicated
737 educators, the Legislature shall annually appropriate money for educator salary adjustments,
738 subject to future budget constraints.
739 (3) Money appropriated to the State Board of Education for educator salary
740 adjustments shall be distributed to school districts, charter schools, and the Utah Schools for
741 the Deaf and the Blind in proportion to the number of full-time-equivalent educator positions
742 in a school district, a charter school, or the Utah Schools for the Deaf and the Blind as
743 compared to the total number of full-time-equivalent educator positions in school districts,
744 charter schools, and the Utah Schools for the Deaf and the Blind.
745 (4) School districts, charter schools, and the Utah Schools for the Deaf and the Blind
746 shall award bonuses to educators as follows:
747 (a) the amount of the salary adjustment shall be the same for each full-time-equivalent
748 educator position in the school district, charter school, or the Utah Schools for the Deaf and the
750 (b) a person who is not a full-time educator shall receive a partial salary adjustment
751 based on the number of hours the person works as an educator; and
752 (c) salary adjustments may be awarded only to educators who have received a
753 satisfactory rating or above on their most recent evaluation.
754 (5) (a) Each school district and charter school and the Utah Schools for the Deaf and
755 the Blind shall submit a report to the State Board of Education on how the money for salary
756 adjustments was spent, including the amount of the salary adjustment and the number of full
757 and partial salary adjustments awarded.
758 (b) The State Board of Education shall compile the information reported under
759 Subsection (5) and submit it to the Public Education Appropriations Subcommittee by
760 November 30 each year.
761 (6) The State Board of Education may make rules as necessary to administer this
762 section, in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
763 (7) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
764 monies each year to:
767 (b) Money appropriated for educator salary adjustments shall include money for the
768 following employer-paid benefits:
769 (i) retirement;
770 (ii) worker's compensation;
771 (iii) Social Security; and
772 (iv) Medicare.
773 Section 19. Section 53A-17a-156 is enacted to read:
774 53A-17a-156. Teacher Salary Supplement Program.
775 (1) As used in this section:
776 (a) "Eligible teacher" means a teacher who:
777 (i) has an assignment to teach:
778 (A) a secondary school level mathematics course;
779 (B) integrated science in grade 7 or 8;
780 (C) chemistry; or
781 (D) physics;
782 (ii) holds the appropriate endorsement for the assigned course;
783 (iii) has qualifying educational background; and
784 (iv) (A) is a new employee; or
785 (B) received a satisfactory rating or above on the teacher's most recent evaluation.
786 (b) "Qualifying educational background" means:
787 (i) for a teacher who is assigned a secondary school level mathematics course, a
788 bachelor's degree major, master's degree, or doctoral degree in mathematics; and
789 (ii) for a teacher who is assigned a grade 7 or 8 integrated science course, chemistry
790 course, or physics course, a bachelor's degree major, master's degree, or doctoral degree in:
791 (I) integrated science;
792 (II) chemistry;
793 (III) physics;
794 (IV) physical science; or
795 (V) general science.
796 (2) (a) Subject to future budget constraints, the Legislature shall annually appropriate
797 money to the Teacher Salary Supplement Restricted Account established in Section
798 53A-17a-157 to fund the Teacher Salary Supplement Program.
799 (b) Money appropriated for the Teacher Salary Supplement Program shall include
800 money for the following employer-paid benefits:
801 (i) retirement;
802 (ii) workers' compensation;
803 (iii) Social Security; and
804 (iv) Medicare.
805 (3) (a) Beginning in fiscal year 2008-09, the annual salary supplement is $4,100 for an
806 eligible teacher who:
807 (i) is assigned full-time to teach one or more courses listed in Subsections (1)(a)(i)(A)
808 through (D); and
809 (ii) meets the requirements of Subsections (1)(a)(ii) and (iii) for each course
811 (b) An eligible teacher who has a part-time assignment to teach one or more courses
812 listed in Subsections (1)(a)(i)(A) through (D) shall receive a partial salary supplement based on
813 the number of hours worked in a course assignment that meets the requirements of Subsections
814 (1)(a)(ii) and (iii).
815 (4) The Department of Human Resource Management shall:
816 (a) create an on-line application system for a teacher to apply to receive a salary
817 supplement through the Teacher Salary Supplement Program;
818 (b) determine if a teacher:
819 (i) is an eligible teacher; and
820 (ii) has a course assignment as listed in Subsections (1)(a)(i)(A) through (D);
821 (c) verify, as needed, the determinations made under Subsection (4)(b) with school
822 district and school administrators; and
823 (d) certify a list of eligible teachers and the amount of their salary supplement, sorted
824 by school district and charter school, to the Division of Finance.
825 (5) (a) An eligible teacher shall apply with the Department of Human Resource
826 Management prior to the conclusion of a school year to receive the salary supplement
827 authorized in this section.
828 (b) An eligible teacher may apply with the Department of Human Resource
829 Management, after verification that the requirements under this section have been satisfied, to
830 receive a salary supplement after the completion of:
831 (i) the school year as an annual award; or
832 (ii) a semester or trimester as a partial award based on the portion of the school year
833 that has been completed.
834 (6) (a) The Division of Finance shall distribute monies from the Teacher Salary
835 Supplement Restricted Account to school districts and charter schools for the Teacher Salary
836 Supplement Program in accordance with the provisions of this section.
837 (b) The Department of Human Resource Management shall include the employer-paid
838 benefits described under Subsection (2)(b) in the amount of each salary supplement certified to
839 the Division of Finance.
840 (c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
841 salary supplement limits described under Subsection (3).
842 (7) (a) Money received from the Teacher Salary Supplement Restricted Account shall
843 be used by a school district or charter school to provide a salary supplement equal to the
844 amount specified for each eligible teacher.
845 (b) The salary supplement is part of the teacher's base pay, subject to the teacher's
846 qualification as an eligible teacher every year, semester, or trimester.
847 (8) The State Board of Education shall cooperate with the Department of Human
848 Resource Management as it administers the Teacher Salary Supplement Program by:
849 (a) providing or verifying teacher data, as requested; and
850 (b) making information technology resources available.
851 (9) Notwithstanding the provisions of this section, if the appropriation for the program
852 is insufficient to cover the costs associated with salary supplements, the Department of Human
853 Resource Management may limit or reduce the salary supplements.
854 Section 20. Section 53A-17a-157 is enacted to read:
855 53A-17a-157. Teacher Salary Supplement Restricted Account.
856 (1) There is created within the Uniform School Fund a restricted account known as the
857 "Teacher Salary Supplement Restricted Account."
858 (2) The account shall be funded from appropriations made to the account by the
860 (3) The account shall be used to fund teacher salary supplements for school districts
861 and charter schools as provided in Section 53A-17a-156 .
862 (4) The Division of Finance shall distribute account monies to school districts and
863 charter schools for the Teacher Salary Supplement Program as provided in Section
864 53A-17a-156 .
865 Section 21. Section 53A-17a-158 is enacted to read:
866 53A-17a-158. Stipends for special educators for additional days of work.
867 (1) As used in this section:
868 (a) "IEP" means an individualized education program developed pursuant to the
869 Individuals with Disabilities Education Improvement Act of 2004, as amended.
870 (b) "Special education teacher" means a teacher whose primary assignment is the
871 instruction of students with disabilities who are eligible for special education services.
872 (c) "Special educator" means a person employed by a school district, charter school, or
873 the Utah Schools for the Deaf and the Blind who holds:
874 (i) a license issued under Title 53A, Chapter 6, Educator Licensing and Professional
875 Practices Act; and
876 (ii) a position as a:
877 (A) special education teacher; or
878 (B) speech-language pathologist.
879 (2) The Legislature shall annually appropriate money for stipends to special educators
880 for additional days of work:
881 (a) in recognition of the added duties and responsibilities assumed by special educators
882 to comply with federal law regulating the education of students with disabilities and the need to
883 attract and retain qualified special educators; and
884 (b) subject to future budget constraints.
885 (3) (a) The State Board of Education shall distribute money appropriated under this
886 section to school districts, charter schools, and the Utah Schools for the Deaf and the Blind for
887 stipends for special educators in the amount of $200 per day for up to ten additional working
889 (b) Money distributed under this section shall include, in addition to the $200 per day
890 stipend, money for the following employer-paid benefits:
891 (i) retirement;
892 (ii) workers' compensation;
893 (iii) Social Security; and
894 (iv) Medicare.
895 (4) A special educator receiving a stipend shall:
896 (a) work an additional day beyond the number of days contracted with the special
897 educator's school district or school for each daily stipend;
898 (b) schedule the additional days of work before or after the school year; and
899 (c) use the additional days of work to perform duties related to the IEP process,
901 (i) administering student assessments;
902 (ii) conducting IEP meetings;
903 (iii) writing IEPs;
904 (iv) conferring with parents; and
905 (v) maintaining records and preparing reports.
906 (5) A special educator may:
907 (a) elect to receive a stipend for one to ten days of additional work; or
908 (b) elect to not receive a stipend.
909 (6) A person who does not hold a full-time position as a special educator is eligible for
910 a partial stipend equal to the percentage of a full-time special educator position the person
912 Section 22. Section 53A-17a-159 is enacted to read:
913 53A-17a-159. Utah Science Technology and Research Initiative Centers Program.
914 (1) (a) The Utah Science Technology and Research Initiative (USTAR) Centers
915 Program is created to provide a financial incentive for charter schools and school districts to
916 adopt programs that result in a more efficient use of human resources and capital facilities.
917 (b) The potential benefits of the program include:
918 (i) increased compensation for math and science teachers by providing opportunities
919 for an expanded contract year which will enhance school districts' and charter schools' ability to
920 attract and retain talented and highly qualified math and science teachers;
921 (ii) increased capacity of school buildings by using buildings more hours of the day or
922 more days of the year, resulting in reduced capital facilities costs;
923 (iii) decreased class sizes created by expanding the number of instructional
924 opportunities in a year;
925 (iv) opportunities for earlier high school graduation;
926 (v) improved student college preparation;
927 (vi) increased opportunities to offer additional remedial and advanced courses in math
928 and science;
929 (vii) opportunities to coordinate high school and post-secondary math and science
930 education; and
931 (viii) the creation or improvement of science, technology, engineering, and math
932 centers (STEM Centers).
933 (2) From monies appropriated for the USTAR Centers Program, the State Board of
934 Education shall award grants to charter schools and school districts to pay for costs related to
935 the adoption and implementation of the program.
936 (3) The State Board of Education shall:
937 (a) solicit proposals from the State Charter School Board and school districts for the
938 use of grant monies to facilitate the adoption and implementation of the program; and
939 (b) award grants on a competitive basis.
940 (4) The State Charter School Board shall:
941 (a) solicit proposals from charter schools that may be interested in participating in the
942 USTAR Centers Program;
943 (b) prioritize the charter school proposals and consolidate them into the equivalent of a
944 single school district request; and
945 (c) submit the consolidated request to the State Board of Education.
946 (5) In selecting a grant recipient, the State Board of Education shall consider:
947 (a) the degree to which a charter school or school district's proposed adoption and
948 implementation of an extended year for math and science teachers achieves the benefits
949 described in Subsection (1);
950 (b) the unique circumstances of different urban, rural, large, small, growing, and
951 declining charter schools and school districts; and
952 (c) providing pilot programs in as many different school districts and charter schools as
954 (6) (a) Except as provided in Subsection (6)(b), a school district or charter school may
955 only use grant monies to provide full year teacher contracts, part-time teacher contract
956 extensions, or combinations of both, for math and science teachers.
957 (b) Up to 5% of the grant monies may be used to fund math and science field trips,
958 textbooks, and supplies.
959 (7) Participation in the USTAR Centers Program shall be:
960 (a) voluntary for an individual teacher; and
961 (b) voluntary for a charter school or school district.
962 (8) The State Board of Education shall make an annual report during the 2009, 2010,
963 and 2011 interims to the Public Education Appropriations Subcommittee describing the
964 program's impact on students and its effectiveness at achieving the benefits described in
965 Subsection (1).
966 Section 23. Section 53A-17a-160 is enacted to read:
967 53A-17a-160. High-ability Student Initiative Program.
968 (1) The High-ability Student Initiative Program is created to provide resources for
969 educators to enhance the academic growth of high-ability students.
970 (2) The program shall consist of:
971 (a) personnel under the direction of the State Board of Education and superintendent of
972 public instruction who shall direct and facilitate the program;
973 (b) a comprehensive, Internet-based resource center to provide information about
974 high-ability students to teachers, administrators, parents, and the community;
975 (c) professional development and professional learning communities for teachers,
976 including research-based tools to:
977 (i) identify high-ability students;
978 (ii) implement strategies to meet high-ability students' needs;
979 (iii) train and mentor teachers; and
980 (iv) enhance teacher collaboration and networking, including videoconferencing
981 equipment for classroom observation and coaching;
982 (d) assistance for a teacher to obtain an endorsement for gifted and talented education;
984 (e) an evaluation of the program.
985 (3) (a) From monies appropriated for the High-ability Student Initiative Program, the
986 State Board of Education shall establish a grant program to encourage a licensed teacher to
987 obtain an endorsement for gifted and talented education.
988 (b) The State Board of Education may award up to 250 grants in amounts of up to
989 $2,500 each.
990 (c) To receive a grant, a licensed teacher shall provide matching funds in an amount
991 equal to 1/2 the grant amount.
992 (4) From monies appropriated for the High-ability Student Initiative Program, the State
993 Board of Education shall:
994 (a) contract with an independent, qualified evaluator, selected through a request for
995 proposals process, to evaluate the High-ability Student Initiative Program; and
996 (b) provide up to 60 stipends in amounts of up to $1,500 each for teachers who
997 participate in the evaluation.
998 (5) High-ability Student Initiative Program monies may not be used to supplant funds
999 for existing programs, but may be used to augment existing programs.
1000 (6) Participation in the High-ability Student Initiative Program shall be:
1001 (a) voluntary for an individual teacher; and
1002 (b) voluntary for a charter school or school district.
1003 (7) The State Board of Education shall make an annual report during the 2009, 2010,
1004 and 2011 interims to the Public Education Interim Committee describing the program's impact
1005 on high-ability students.
1006 Section 24. Section 53A-17a-161 is enacted to read:
1007 53A-17a-161. English Language Learner Family Literacy Centers Program --
1009 (1) Money appropriated for the English Language Learner Family Literacy Centers
1010 Program shall be used by school districts and charter schools to pay for costs of English
1011 Language Learner Family Literacy Centers as provided in this section.
1012 (2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
1013 State Board of Education, after consultation with school districts and charter schools, shall
1014 adopt a formula that allocates the money appropriated by the Legislature for the English
1015 Language Learner Family Literacy Centers Program to school districts and charter schools in a
1016 fair and equitable manner.
1017 (3) English Language Learner Family Literacy Centers shall be established to:
1018 (a) increase parent involvement;
1019 (b) communicate with parents who are not proficient in English concerning required
1020 and optional activities at the school, in the parents' preferred language to the extent practicable;
1021 (c) increase academic achievement, literacy skills, and language gains in all ethnic
1022 groups of students and their families;
1023 (d) coordinate with school administrators, educators, families, and students; and
1024 (e) support and coordinate with other language acquisition instructional services and
1025 language proficiency programs in the public schools.
1026 (4) The State Board of Education shall make a report to the Education Interim
1027 Committee on the effectiveness of the English Language Learner Family Literacy Centers
1028 Program before November 30, 2011.
1029 Section 25. Section 53A-17a-162 is enacted to read:
1030 53A-17a-162. Beverley Taylor Sorenson Elementary Arts Learning Program.
1031 (1) The Legislature finds that a strategic placement of arts in elementary education can
1032 impact the critical thinking of students in other core subject areas, including mathematics,
1033 reading, and science.
1034 (2) The Beverley Taylor Sorenson Elementary Arts Learning Program is created to
1035 enhance the social, emotional, academic, and arts learning of students in kindergarten through
1036 grade six by integrating arts teaching and learning into core subject areas.
1037 (3) From monies appropriated for the Beverley Taylor Sorenson Elementary Arts
1038 Learning Program, the State Board of Education shall, after consulting with the Utah Arts
1039 Council and receiving their recommendations:
1040 (a) establish a grant program to allow school districts and charter schools to hire 50
1041 highly qualified, full-time arts specialists to be based at 50 schools;
1042 (b) provide up to $10,000 in one-time funds for each school arts specialist described
1043 under Subsection (3)(a) to purchase supplies and equipment;
1044 (c) establish a grant program to allow ten school districts to hire art coordinators,
1045 provided that a qualifying school district provides matching funds in an amount equal to the
1046 grant amount; and
1047 (d) annually contract with an independent, qualified evaluator, selected through a
1048 request for proposals process, to evaluate the Beverley Taylor Sorenson Elementary Arts
1049 Learning Program.
1050 (4) Beverley Taylor Sorenson Elementary Arts Learning Program monies may not be
1051 used to supplant funds for existing programs funded by the state, but shall be used to augment
1052 existing programs.
1053 (5) Schools that participate in the Beverley Taylor Sorenson Elementary Arts Learning
1054 Program shall partner with institutions of higher education that award elementary education
1055 degrees to obtain quality pre-service and in-service training, research, and leadership
1056 development for arts education.
1057 (6) The State Board of Education shall, after consultation with the Utah Arts Council,
1058 make an annual report during the 2009, 2010, and 2011 interims to the Public Education
1059 Interim Committee describing the program's impact on students in kindergarten through grade
1061 Section 26. Section 63-55b-153 is amended to read:
1062 63-55b-153. Repeal dates -- Titles 53, 53A, and 53B.
1063 (1) Section 53-3-210 is repealed February 1, 2007.
1064 (2) Section 53A-1-403.5 is repealed July 1, 2012.
1065 (3) Subsection 53A-1a-511 (7)(c) is repealed July 1, 2007.
1066 (4) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2014.
1069 (7) Subsection 53A-13-110 (3) is repealed July 1, 2013.
1071 (9) Section 53A-17a-162 is repealed July 1, 2012.
1072 Section 27. Ongoing appropriations.
1073 (1) As an ongoing appropriation subject to future budget constraints, there is
1074 appropriated from the Uniform School Fund for fiscal year 2008-09, as follows:
1075 (a) $2,500,000 to the State Board of Education for UPSTART as provided in Title
1076 53A, Chapter 1a, Part 10, UPSTART, including costs of:
1077 (i) a home-based educational technology program provided by a contractor;
1078 (ii) computers, peripheral equipment, and Internet service for families who cannot
1079 afford the equipment and service;
1080 (iii) administrative and technical support provided by school districts;
1081 (iv) an audit of the contractor's use of funds appropriated for UPSTART; and
1082 (v) an evaluation of the home-based educational technology program;
1083 (b) $100,000 to the State Board of Education for staff development and assessments in
1084 financial and economic literacy as provided by Subsection 53A-13-110 (2)(b);
1085 (c) $4,300,000 from the Uniform School Fund Teacher Salary Supplement Restricted
1086 Account for the Teacher Salary Supplement Program in accordance with the provisions under
1087 Sections 53A-17a-156 and 53A-17a-157 ; and
1088 (d) $400,000 to the State Board of Education for career and technical education online
1090 (2) As an ongoing appropriation subject to future budget constraints, there is
1091 appropriated from the General Fund for fiscal year 2008-09, $250,000 from the General Fund
1092 to the Department of Human Resource Management for administration of the Teacher Salary
1093 Supplement Program established in Section 53A-17a-156 .
1094 Section 28. One-time appropriations for fiscal year 2008-09.
1095 (1) There is appropriated from the Uniform School Fund for fiscal year 2008-09 only,
1096 as follows:
1097 (a) $3,000,000 to the State Board of Education for pupil transportation to and from
1098 school as provided in Sections 53A-17a-126 and 53A-17a-127 ;
1099 (b) $3,000,000 to the State Board of Education to fund the English Language Learner
1100 Family Literacy Centers Program established in Section 53A-17a-161 ;
1101 (c) $15,820,000 to the State Board of Education to fund the Beverley Taylor Sorenson
1102 Elementary Arts Learning Program established in Section 53A-17a-162 ; and
1103 (d) $150,000 to the State Board of Education to fulfill its requirements under
1104 Subsection 53A-13-110 (2), including curriculum integration and development of assessments
1105 and materials.
1106 (2) The money appropriated in Subsections (1)(a) through (d) is nonlapsing.
1107 Section 29. One-time appropriations for fiscal year 2007-08.
1108 (1) There is appropriated for fiscal year 2007-08 only, as follows:
1109 (a) $50,000 from the General Fund to the Department of Human Resource
1110 Management for costs to administer the Teacher Salary Supplement Program established in
1111 Section 53A-17a-156 ;
1112 (b) $1,000,000 from the Uniform School Fund to the State Board of Education for
1113 UPSTART as provided in Title 53A, Chapter 1a, Part 10, UPSTART; and
1114 (c) $280,000 from the Uniform School Fund to the State Board of Education for library
1115 books and electronic resources.
1116 (2) The money appropriated in Subsections (1)(a) through (c) is nonlapsing.
1117 Section 30. One-time appropriation for classroom supplies.
1118 (1) There is appropriated from the Uniform School Fund to the State Board of
1119 Education for fiscal year 2008-09 only, $10,000,000 for classroom supplies and materials.
1120 (2) (a) Of the amount appropriated in Subsection (1), the board shall distribute
1121 $7,500,000 to classroom teachers in school districts, the Schools for the Deaf and the Blind,
1122 and charter schools on the basis of the number of classroom teachers in each school as
1123 compared to the total number of classroom teachers.
1124 (b) Teachers shall receive up to the following amounts:
1125 (i) a teacher on salary schedule steps one through three teaching in grades kindergarten
1126 through six or preschool handicapped - $360;
1127 (ii) a teacher on salary schedule steps one through three teaching in grades seven
1128 through twelve - $310;
1129 (iii) a teacher on salary schedule step four or higher teaching in grades kindergarten
1130 through six or preschool handicapped - $285; and
1131 (iv) a teacher on salary schedule step four or higher teaching in grades seven through
1132 twelve - $235.
1133 (c) If the appropriation in Subsection (1) is not sufficient to provide to each teacher the
1134 full amount allowed under Subsection (2)(b), teachers on salary schedule steps one through
1135 three shall receive the full amount allowed with the remaining monies apportioned to all other
1137 (3) (a) Of the amount appropriated in Subsection (1), the State Board of Education
1138 shall distribute $2,500,000 for classroom supplies and materials in accordance with a
1139 distribution formula established by rule.
1140 (b) The State Board of Education shall make rules in accordance with Subsections
1141 (3)(c) and (d) and Title 63, Chapter 46a, Utah Administrative Rulemaking Act, for the
1142 distribution of the $2,500,000.
1143 (c) The rules shall give priority to teachers in any grade in the first year of teaching in
1144 the awarding of the monies.
1145 (d) The rules may allow the monies to be distributed to teachers in any grade in the
1146 second through the fifth year of teaching.
1147 (4) Teachers shall spend the money appropriated in Subsection (1) for school supplies,
1148 materials, or field trips under rules adopted by the State Board of Education.
1149 (5) As used in this section, "classroom teacher" or "teacher" means permanent teacher
1150 positions filled by one teacher or two or more job-sharing teachers:
1151 (a) who are licensed personnel;
1152 (b) who are paid on the teacher's salary schedule;
1153 (c) who are hired for an entire contract period; and
1154 (d) whose primary function is to provide instructional or a combination of instructional
1155 and counseling services to students in public schools.
1156 Section 31. Intent language.
1157 It is the intent of the Legislature that:
1158 (1) at least $100,000 of the monies appropriated for accelerated learning programs in
1159 accordance with the provisions of Sections 53A-17a-104 and 53A-17a-120 shall be annually
1160 allocated to International Baccalaureate programs; and
1161 (2) the State Board of Education shall:
1162 (a) conduct an independent audit of funds allocated to the Utah Virtual Academy
1163 charter school through the Minimum School Program, including its expenditures of WPU,
1164 categorical (below-the-line), and local replacement funding, as the school begins operations for
1165 the 2008-09 school year; and
1166 (b) prepare and present a report to the Executive Appropriations Committee by
1167 November 30, 2008, detailing the findings of the independent audit and of Utah Virtual
1168 Academy expenditures examined through the audit.
1169 Section 32. Effective date.
1170 This bill takes effect on July 1, 2008, except:
1171 (1) if approved by two-thirds of all the members elected to each house, Sections
1172 53A-1a-1001 through 53A-1a-1007 take effect upon approval by the governor, or the day
1173 following the constitutional time limit of Utah Constitution Article VII, Section 8, without the
1174 governor's signature, or in the case of a veto, the date of veto override; and
1175 (2) the following sections take effect on May 5, 2008:
1176 (a) Section 53A-17a-156 ; and
1177 (b) Uncodified Section 29, One-time appropriations for fiscal year 2007-08.
1178 Section 33. Coordinating S.B. 2 with H.B. 1 -- Superseding amendments.
1179 If this S.B. 2 and H.B. 1, Minimum School Program Base Budget Amendments, both
1180 pass, it is the intent of the Legislature that when the Office of Legislative Research and General
1181 Counsel prepares the Utah Code database for publication:
1182 (1) the amendments to Section 53A-17a-104 in S.B. 2 supersede the amendments to
1183 Section 53A-17a-104 in H.B. 1;
1184 (2) Subsection 53A-17a-104 (2)(hh) in H.B. 1 shall be deleted and renumber the
1185 remaining subsections accordingly;
1186 (3) the amendments to Section 53A-17a-108 in S.B. 2 supersede the amendments to
1187 Section 53A-17a-108 in H.B. 1; and
1188 (4) Uncodified Section 7, Intent language for charter schools appropriation, in H.B. 1
1189 shall be deleted.
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