H.B. 1 Enrolled

1

MINIMUM SCHOOL PROGRAM BASE BUDGET
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Merlynn T. Newbold
5 Senate Sponsor: Howard A. Stephenson
6
7 LONG TITLE
8 General Description:
9 This bill provides base funding for the Minimum School Program.
10 Highlighted Provisions:
11 This bill:
12 . appropriates state and local funds for the Minimum School Program for fiscal year
13 2010-11;
14 . appropriates $22,049,700 to the State Board of Education for fiscal year 2010-11
15 for school building aid programs for school districts;
16 . establishes the value of the weighted pupil unit at $2,487 for fiscal year 2010-11;
17 . establishes the estimated minimum basic tax rate at .001513 for fiscal year
18 2010-11;
19 . provides that if monies appropriated to charter schools to replace local property
20 taxes are less than the amount prescribed by a statutory funding formula, monies
21 shall be allocated among charter schools in proportion to each charter school's
22 share of the total enrollment in charter schools;
23 . provides that if monies appropriated for charter school administrative costs are
24 insufficient to provide the amount per student prescribed in statute, the
25 appropriation shall be allocated among charter schools in proportion to each charter
26 school's share of the total enrollment in charter schools;
27 . provides certain exemptions to the Budgetary Procedures Act for monies
28 appropriated to the State Board of Education for the Minimum School Program or
29 capital outlay programs; and

30 . makes technical amendments.
31 Monies Appropriated in this Bill:
32 This bill appropriates:
33 . as an ongoing appropriation, the following Minimum School Program monies:
34 . $1,990,547,523 from the Uniform School Fund for fiscal year 2010-11; and
35 . $20,000,000 from the Uniform School Fund Restricted - Interest and Dividends
36 Account for fiscal year 2010-11; and
37 . as an ongoing appropriation, $22,049,700 from the Uniform School Fund for
38 school building aid programs for fiscal year 2010-11.
39 Other Special Clauses:
40 This bill takes effect on July 1, 2010.
41 Utah Code Sections Affected:
42 AMENDS:
43 53A-1a-513, as last amended by Laws of Utah 2009, Chapter 391
44 53A-1a-703, as enacted by Laws of Utah 2005, Chapter 35
45 53A-1a-903, as enacted by Laws of Utah 2007, Chapter 386
46 53A-2-118.3, as enacted by Laws of Utah 2008, Chapter 236
47 53A-16-107, as last amended by Laws of Utah 2008, Chapter 236
48 53A-17a-103, as last amended by Laws of Utah 2008, Chapters 61 and 397
49 53A-17a-105, as last amended by Laws of Utah 2009, Chapter 183
50 53A-17a-108, as last amended by Laws of Utah 2009, Chapter 391
51 53A-17a-111, as last amended by Laws of Utah 2008, Chapter 382
52 53A-17a-112, as last amended by Laws of Utah 2005, Chapter 71
53 53A-17a-113, as last amended by Laws of Utah 2007, Chapter 372
54 53A-17a-116, as last amended by Laws of Utah 2007, Chapter 372
55 53A-17a-119, as last amended by Laws of Utah 2003, Chapters 221 and 320
56 53A-17a-120, as last amended by Laws of Utah 2008, Chapters 382 and 397
57 53A-17a-120.5, as last amended by Laws of Utah 2009, Chapters 321 and 391

58 53A-17a-121, as last amended by Laws of Utah 2008, Chapter 382
59 53A-17a-123, as last amended by Laws of Utah 2003, Chapter 320
60 53A-17a-123.5, as last amended by Laws of Utah 2003, Chapter 320
61 53A-17a-124, as last amended by Laws of Utah 2003, Chapter 320
62 53A-17a-124.5, as last amended by Laws of Utah 2003, Chapters 221 and 320
63 53A-17a-125, as last amended by Laws of Utah 2009, Chapter 391
64 53A-17a-126, as last amended by Laws of Utah 2008, Chapter 397
65 53A-17a-131.15, as last amended by Laws of Utah 2008, Chapter 382
66 53A-17a-131.17, as last amended by Laws of Utah 2008, Chapter 382
67 53A-17a-135, as last amended by Laws of Utah 2009, Chapter 391
68 53A-17a-146, as last amended by Laws of Utah 2009, Chapter 4
69 53A-17a-153, as last amended by Laws of Utah 2009, Chapter 4
70 53A-17a-154, as enacted by Laws of Utah 2008, Chapter 1
71 53A-17a-155, as enacted by Laws of Utah 2008, Chapter 1
72 63J-1-206, as renumbered and amended by Laws of Utah 2009, Chapters 183 and 368
73 REPEALS:
74 53A-17a-104, as last amended by Laws of Utah 2009, Chapters 4 and 391
75 53A-21-501, as last amended by Laws of Utah 2009, Chapter 391
76 Uncodified Material Affected:
77 ENACTS UNCODIFIED MATERIAL
78
79 Be it enacted by the Legislature of the state of Utah:
80 Section 1. Section 53A-1a-513 is amended to read:
81 53A-1a-513. Funding for charter schools.
82 (1) As used in this section:
83 (a) "Charter school students' average local revenues" means the amount determined as
84 follows:
85 (i) for each student enrolled in a charter school on the previous October 1, calculate

86 the district per pupil local revenues of the school district in which the student resides;
87 (ii) sum the district per pupil local revenues for each student enrolled in a charter
88 school on the previous October 1; and
89 (iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of students
90 enrolled in charter schools on the previous October 1.
91 (b) "District per pupil local revenues" means the amount determined as follows, using
92 data from the most recently published school district annual financial reports and state
93 superintendent's annual report:
94 (i) calculate the sum of a school district's revenue received from:
95 (A) a voted levy imposed under Section 53A-17a-133 ;
96 (B) a board levy imposed under Section 53A-17a-134 ;
97 (C) 10% of the cost of the basic program levy imposed under Section 53A-17a-145 ;
98 (D) a tort liability levy imposed under Section 63G-7-704 ;
99 (E) a capital outlay levy imposed under Section 53A-16-107 ; and
100 (F) a voted capital outlay levy imposed under Section 53A-16-110 ; and
101 (ii) divide the sum calculated under Subsection (1)(b)(i) by the sum of:
102 (A) a school district's average daily membership; and
103 (B) the average daily membership of a school district's resident students who attend
104 charter schools.
105 (c) "Resident student" means a student who is considered a resident of the school
106 district under Title 53A, Chapter 2, Part 2, District of Residency.
107 (d) "Statewide average debt service revenues" means the amount determined as
108 follows, using data from the most recently published state superintendent's annual report:
109 (i) sum the revenues of each school district from the debt service levy imposed under
110 Section 11-14-310 ; and
111 (ii) divide the sum calculated under Subsection (1)(d)(i) by statewide school district
112 average daily membership.
113 (2) (a) Charter schools shall receive funding as described in this section, except

114 Subsections (3) through (8) do not apply to charter schools described in Subsection (2)(b).
115 (b) Charter schools authorized by local school boards that are converted from district
116 schools or operate in district facilities without paying reasonable rent shall receive funding as
117 prescribed in Section 53A-1a-515 .
118 (3) (a) Except as provided in Subsection (3)(b), a charter school shall receive state
119 funds, as applicable, on the same basis as a school district receives funds.
120 (b) In distributing funds under Title 53A, Chapter 17a, Minimum School Program
121 Act, to charter schools, charter school pupils shall be weighted, where applicable, as follows:
122 (i) .55 for kindergarten pupils;
123 (ii) .9 for pupils in grades 1-6;
124 (iii) .99 for pupils in grades 7-8; and
125 (iv) 1.2 for pupils in grades 9-12.
126 (4) (a) (i) A school district shall allocate a portion of school district revenues for each
127 resident student of the school district who is enrolled in a charter school on October 1 equal to
128 25% of the lesser of:
129 (A) district per pupil local revenues; or
130 (B) charter school students' average local revenues.
131 [(ii) For the purpose of allocating school district revenues under Subsection (4)(a)(i) in
132 fiscal year 2008-09 only, a kindergarten student who is enrolled in less than a full-day
133 kindergarten program is weighted as .55 of a student.]
134 [(iii)] (ii) Nothing in this Subsection (4)(a) affects the school bond guarantee program
135 established under Chapter 28, Utah School Bond Guaranty Act.
136 (b) The State Board of Education shall:
137 (i) deduct an amount equal to the allocation provided under Subsection (4)(a) from
138 state funds the school district is authorized to receive under Title 53A, Chapter 17a, Minimum
139 School Program Act; and
140 (ii) remit the money to the student's charter school.
141 (c) Notwithstanding the method used to transfer school district revenues to charter

142 schools as provided in Subsection (4)(b), a school district may deduct the allocations to
143 charter schools under this section from:
144 (i) unrestricted revenues available to the school district; or
145 (ii) the revenue sources listed in Subsections (1)(b)(i)(A) through (F) based on the
146 portion of the allocations to charter schools attributed to each of the revenue sources listed in
147 Subsections (1)(b)(i)(A) through (F).
148 (d) (i) Subject to future budget constraints, the Legislature shall provide an
149 appropriation for charter schools for each student enrolled on October 1 to supplement the
150 allocation of school district revenues under Subsection (4)(a).
151 (ii) Except as provided in Subsection (4)(d)(iii), the amount of money provided by the
152 state for a charter school student shall be the sum of:
153 (A) charter school students' average local revenues minus the allocation of school
154 district revenues under Subsection (4)(a); and
155 (B) statewide average debt service revenues.
156 (iii) If the total of a school district's allocation for a charter school student under
157 Subsection (4)(a) and the amount provided by the state under Subsection (4)(d)(ii) is less than
158 $1427, the state shall provide an additional supplement so that a charter school receives at
159 least $1427 per student under this Subsection (4).
160 (iv) If the appropriation provided under this Subsection (4)(d) is less than the amount
161 prescribed by Subsection (4)(d)(ii) or (4)(d)(iii), the appropriation shall be allocated among
162 charter schools in proportion to each charter school's enrollment as a percentage of the total
163 enrollment in charter schools.
164 (e) Of the monies provided to a charter school under this Subsection (4), 10% shall be
165 expended for funding school facilities only.
166 (5) Charter schools are eligible to receive federal funds if they meet all applicable
167 federal requirements and comply with relevant federal regulations.
168 (6) The State Board of Education shall distribute funds for charter school students
169 directly to the charter school.

170 (7) (a) Notwithstanding Subsection (3), a charter school is not eligible to receive state
171 transportation funding.
172 (b) The board shall also adopt rules relating to the transportation of students to and
173 from charter schools, taking into account Sections 53A-2-210 and 53A-17a-127 .
174 (c) The governing body of the charter school may provide transportation through an
175 agreement or contract with the local school board, a private provider, or with parents.
176 (8) (a) (i) The state superintendent of public instruction may allocate grants for both
177 start-up and ongoing costs to eligible charter school applicants from monies appropriated for
178 the implementation of this part.
179 (ii) Applications for the grants shall be filed on a form determined by the state
180 superintendent and in conjunction with the application for a charter.
181 (iii) The amount of a grant may vary based upon the size, scope, and special
182 circumstances of the charter school.
183 (iv) The governing board of the charter school shall use the grant to meet the expenses
184 of the school as established in the school's charter.
185 (b) The State Board of Education shall coordinate the distribution of federal monies
186 appropriated to help fund costs for establishing and maintaining charter schools within the
187 state.
188 (9) (a) A charter school may receive, hold, manage and use any devise, bequest, grant,
189 endowment, gift, or donation of any property made to the school for any of the purposes of this
190 part.
191 (b) It is unlawful for any person affiliated with a charter school to demand or request
192 any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
193 with the charter school as a condition for employment or enrollment at the school or continued
194 attendance at the school.
195 Section 2. Section 53A-1a-703 is amended to read:
196 53A-1a-703. Definitions.
197 As used in this part:

198 (1) "Assessment team" means a team consisting of:
199 (a) the student's parent or guardian;
200 (b) the student's private school classroom teacher;
201 (c) special education personnel from the student's school district; and
202 (d) if available, special education personnel from the private school at which the
203 student is enrolled.
204 (2) "Board" means the State Board of Education.
205 (3) "Eligible private school" means a private school that meets the requirements of
206 Section 53A-1a-705 .
207 (4) "IEP" means a written statement for a student with a disability that is developed,
208 reviewed, and revised in accordance with the Individuals with Disabilities Education Act, 20
209 U.S.C. Sec. 1400 et seq.
210 (5) "Scholarship student" means a student who receives a scholarship under this part.
211 (6) "Value of the weighted pupil unit" means the amount [specified in Section
212 53A-17a-103 ] established each year in statute that is multiplied by the number of weighted
213 pupil units to yield the funding level for the basic state-supported school program.
214 Section 3. Section 53A-1a-903 is amended to read:
215 53A-1a-903. Voluntary extended-day kindergarten program funding.
216 (1) As used in this section, "Title I school" means a school receiving federal monies
217 under Title I of the No Child Left Behind Act of 2001, Pub. L. No. 107-110, for a schoolwide
218 or targeted assistance program.
219 (2) If funds are appropriated for this purpose, the State Board of Education shall
220 allocate funds to charter schools and school districts.
221 (3) For charter schools, the State Board of Education shall:
222 (a) determine the total allocation for charter schools by:
223 (i) dividing the number of charter school students eligible to receive free lunch by the
224 total number of students in the public education system eligible to receive free lunch in the
225 prior school year; and

226 (ii) multiplying the resulting percentage by the total amount of available funds; and
227 (b) allocate the resulting amount of funds to individual charter schools with the
228 greatest need for extended-day kindergarten, as determined by the State Board of Education in
229 consultation with the State Charter School Board.
230 (4) For school districts, the State Board of Education shall:
231 (a) determine the total allocation for school districts by subtracting the charter school
232 amount calculated under Subsection (3)(a) from the total amount of available funds; and
233 (b) allocate the resulting amount to applicant school districts by:
234 (i) allocating to each school district the amount calculated by:
235 (A) multiplying the value of the weighted pupil unit [under Subsection
236 53A-17a-103 (1)] established each year in statute by 0.45; and
237 (B) multiplying the result by 20; and
238 (ii) allocating any remaining funds after the allocation under Subsection (4)(b)(i) by:
239 (A) determining the number of students eligible to receive free lunch in the prior
240 school year for each school district; and
241 (B) prorating the remaining funds based on the number of students eligible to receive
242 free lunch in each district.
243 (5) The State Board of Education may modify the allocation of funds described under
244 this section to provide sufficient funding for each Title I school to participate in the voluntary
245 extended-day kindergarten program.
246 Section 4. Section 53A-2-118.3 is amended to read:
247 53A-2-118.3. Imposition of the capital outlay levy in qualifying divided school
248 districts.
249 (1) For purposes of this section:
250 (a) "Qualifying divided school district" means a divided school district:
251 (i) located within a county of the second through sixth class; and
252 (ii) with a new school district created under Section 53A-2-118.1 that begins to
253 provide educational services after July 1, 2008.

254 (b) "Qualifying taxable year" means the calendar year in which a new school district
255 begins to provide educational services.
256 (2) Beginning with the qualifying taxable year, in order to qualify for receipt of the
257 state contribution toward the minimum school program [described in Section 53A-17a-104 ], a
258 school district within a qualifying divided school district shall impose a capital outlay levy
259 described in Section 53A-16-107 of at least .0006 per dollar of taxable value.
260 (3) The county treasurer of a county with a qualifying divided school district shall
261 distribute revenues generated by the .0006 portion of the capital outlay levy required in
262 Subsection (2) to the school districts located within the boundaries of the qualifying divided
263 school district as follows:
264 (a) 25% of the revenues shall be distributed in proportion to a school district's
265 percentage of the total enrollment growth in all of the school districts within the qualifying
266 divided school district that have an increase in enrollment, calculated on the basis of the
267 average annual enrollment growth over the prior three years in all of the school districts within
268 the qualifying divided school district that have an increase in enrollment over the prior three
269 years, as of the October 1 enrollment counts; and
270 (b) 75% of the revenues shall be distributed in proportion to a school district's
271 percentage of the total current year enrollment in all of the school districts within the
272 qualifying divided school district, as of the October 1 enrollment counts.
273 (4) If a new school district is created or school district boundaries are adjusted, the
274 enrollment and average annual enrollment growth for each affected school district shall be
275 calculated on the basis of enrollment in school district schools located within that school
276 district's newly created or adjusted boundaries, as of October 1 enrollment counts.
277 (5) On or before December 31 of each year, the State Board of Education shall provide
278 a county treasurer with audited enrollment information from the fall enrollment audit
279 necessary to distribute revenues as required by this section.
280 (6) On or before March 31 of each year, a county treasurer in a county with a
281 qualifying divided school district shall distribute, in accordance with Subsection (3), the

282 revenue generated within the qualifying divided school district during the prior calendar year
283 from the capital outlay levy required in Subsection (2).
284 Section 5. Section 53A-16-107 is amended to read:
285 53A-16-107. Capital outlay levy -- Maintenance of school facilities -- Authority
286 to use proceeds of .0002 tax rate -- Restrictions and procedure.
287 (1) Subject to Subsection (3), a local school board may annually impose a capital
288 outlay levy not to exceed .0024 per dollar of taxable value to be used for:
289 (a) capital outlay;
290 (b) debt service; and
291 (c) subject to Subsection (2), school facility maintenance.
292 (2) (a) A local school board may utilize the proceeds of a maximum of .0002 per
293 dollar of taxable value of the local school board's annual capital outlay levy for the
294 maintenance of school facilities in the school district.
295 (b) A local school board that uses the option provided under Subsection (2)(a) shall:
296 (i) maintain the same level of expenditure for maintenance in the current year as it did
297 in the preceding year, plus the annual average percentage increase applied to the maintenance
298 and operation budget for the current year; and
299 (ii) identify the expenditure of capital outlay funds for maintenance by a district
300 project number to ensure that the funds are expended in the manner intended.
301 (c) The State Board of Education shall establish by rule the expenditure classification
302 for maintenance under this program using a standard classification system.
303 (3) Beginning January 1, 2009, in order to qualify for receipt of the state contribution
304 toward the minimum school program [described in Section 53A-17a-104 ], a local school
305 board in a county of the first class shall impose a capital outlay levy of at least .0006 per dollar
306 of taxable value.
307 (4) (a) The county treasurer of a county of the first class shall distribute revenues
308 generated by the .0006 portion of the capital outlay levy required in Subsection (3) to school
309 districts within the county in accordance with Section 53A-16-107.1 .

310 (b) If a school district in a county of the first class imposes a capital outlay levy
311 pursuant to this section which exceeds .0006 per dollar of taxable value, the county treasurer
312 of a county of the first class shall distribute revenues generated by the portion of the capital
313 outlay levy which exceeds .0006 to the school district imposing the levy.
314 Section 6. Section 53A-17a-103 is amended to read:
315 53A-17a-103. Definitions.
316 As used in this chapter:
317 (1) "Basic state-supported school program" or "basic program" means public
318 education programs for kindergarten, elementary, and secondary school students that are
319 operated and maintained for the amount derived by multiplying the number of weighted pupil
320 units for each [district by $2,577] school district or charter school by the value established
321 each year in statute, except as otherwise provided in this chapter.
322 (2) (a) "Certified revenue levy" means a property tax levy that provides an amount of
323 ad valorem property tax revenue equal to the sum of:
324 (i) the amount of ad valorem property tax revenue to be generated statewide in the
325 previous year from imposing a minimum basic tax rate, as specified in Subsection
326 53A-17a-135 (1)(a); and
327 (ii) the product of:
328 (A) new growth, as defined in:
329 (I) Section 59-2-924 ; and
330 (II) rules of the State Tax Commission; and
331 (B) the minimum basic tax rate certified by the State Tax Commission for the previous
332 year.
333 (b) For purposes of this Subsection (2), "ad valorem property tax revenue" does not
334 include property tax revenue received statewide from personal property that is:
335 (i) assessed by a county assessor in accordance with Title 59, Chapter 2, Part 3,
336 County Assessment; and
337 (ii) semiconductor manufacturing equipment.

338 (c) For purposes of calculating the certified revenue levy described in this Subsection
339 (2), the State Tax Commission shall use:
340 (i) the taxable value of real property assessed by a county assessor contained on the
341 assessment roll;
342 (ii) the taxable value of real and personal property assessed by the State Tax
343 Commission; and
344 (iii) the taxable year end value of personal property assessed by a county assessor
345 contained on the prior year's assessment roll.
346 (3) "Leeway program" or "leeway" means a state-supported voted leeway program or
347 board leeway program authorized under Section 53A-17a-133 or 53A-17a-134 .
348 (4) "Pupil in average daily membership (ADM)" means a full-day equivalent pupil.
349 (5) (a) "State-supported minimum school program" or ["minimum school program"]
350 "Minimum School Program" means public school programs for kindergarten, elementary, and
351 secondary schools as described in this Subsection (5).
352 (b) The minimum school program established in the districts shall include the
353 equivalent of a school term of nine months as determined by the State Board of Education.
354 (c) (i) The board shall establish the number of days or equivalent instructional hours
355 that school is held for an academic school year.
356 (ii) Education, enhanced by utilization of technologically enriched delivery systems,
357 when approved by local school boards, shall receive full support by the State Board of
358 Education as it pertains to fulfilling the attendance requirements, excluding time spent
359 viewing commercial advertising.
360 [(d) The program includes the total of the following annual costs:]
361 [(i) the cost of a basic state-supported school program; and]
362 [(ii) other amounts appropriated in this chapter in addition to the basic program.]
363 (d) The Minimum School Program includes a program or allocation funded by a line
364 item appropriation or other appropriation designated as follows:
365 (i) Basic School Program;

366 (ii) Related to Basic Programs;
367 (iii) Voted and Board Leeway Programs; or
368 (iv) Minimum School Program.
369 (6) "Weighted pupil unit or units or WPU or WPUs" means the unit of measure of
370 factors that is computed in accordance with this chapter for the purpose of determining the
371 costs of a program on a uniform basis for each district.
372 Section 7. Section 53A-17a-105 is amended to read:
373 53A-17a-105. Action required for underestimated or overestimated weighted
374 pupil units -- Action required for underestimating or overestimating local contributions.
375 (1) If the number of weighted pupil units in a program is underestimated [in Section
376 53A-17a-104 ], the amount per pupil in that program paid under this chapter must be reduced
377 so that the amount paid does not exceed the estimated amount by program.
378 (2) If the number of weighted pupil units in a program is overestimated [in Section
379 53A-17a-104 ], the state superintendent of public instruction shall either increase the amount
380 paid in that program per weighted pupil unit or transfer the unused amount in that program to
381 another program included in the minimum school program.
382 (3) (a) If surplus funds are transferred to another program, the state superintendent, if
383 the state superintendent determines certain districts have greater need for additional funds,
384 may designate the districts as well as the programs to which the transferred funds will be
385 allocated.
386 (b) Any amounts transferred under Subsection (3)(a) may be spent in addition to the
387 amounts [listed in Section 53A-17a-104 ] appropriated.
388 (4) The limitation on the proceeds from local tax rates for operation and maintenance
389 programs under this chapter is subject to modification by local school boards under Sections
390 53A-17a-133 and 53A-17a-134 and to special tax rates authorized by this chapter, and shall be
391 adjusted accordingly.
392 (5) If local contributions are overestimated, the guarantee per weighted pupil unit is
393 reduced for all programs so the total state contribution for operation and maintenance

394 programs does not exceed the amount [authorized in Subsection 53A-17a-104 (1)]
395 appropriated.
396 (6) (a) If local contributions from the basic tax rate for operation and maintenance
397 programs are underestimated, the excess is applied first to support the value of the weighted
398 pupil unit as set by the Legislature for total weighted pupil units generated by the districts and
399 those costs of Social Security and retirement, transportation, and board and voted leeway that
400 occur as a result of the additional generated weighted pupil units, following internal
401 adjustments by the state superintendent as provided in this section.
402 (b) The state contribution is decreased so the total school program cost for operation
403 and maintenance programs does not exceed the total estimated contributions to school districts
404 for all programs [under Subsection 53A-17a-104 (2)] plus the amount of local revenue
405 necessary to support the value of the weighted pupil unit for weighted pupil units generated
406 and those costs of Social Security and retirement, transportation, and board and voted leeway
407 that occur as a result of the additional generated weighted pupil units.
408 (7) As an exception to Section 63J-1-601 , the state fiscal officer may not close out
409 appropriations from the Uniform School Fund at the end of a fiscal year.
410 Section 8. Section 53A-17a-108 is amended to read:
411 53A-17a-108. Weighted pupil units for small school district administrative costs
412 -- Appropriation for charter school administrative costs.
413 (1) Administrative costs weighted pupil units are computed and distributed to small
414 school districts in accordance with the following schedule:
415 Administrative Costs Schedule
416 School District Enrollment as of October 1 Weighted Pupil Units
417 1 - 500 students 95
418 501 - 1,000 students 80
419 1,001 - 2,000 students 70
420 2,001 - 5,000 students 60
421 (2) (a) [Money] Except as provided in Subsection (2)(b), money appropriated to the

422 State Board of Education for charter school administrative costs[, including an appropriation
423 in Section 53A-17a-104 ,] shall be distributed to charter schools in the amount of $100 for
424 each charter school student in enrollment.
425 (b) If money appropriated for charter school administrative costs are insufficient to
426 provide the amount per student prescribed in Subsection (2)(a), the appropriation shall be
427 allocated among charter schools in proportion to each charter school's enrollment as a
428 percentage of the total enrollment in charter schools.
429 [(b)] (c) Charter schools are encouraged to identify and use cost-effective methods of
430 performing administrative functions, including contracting for administrative services with the
431 State Charter School Board as provided in Section 53A-1a-501.6 .
432 (3) Charter schools are not eligible for funds for administrative costs under Subsection
433 (1).
434 Section 9. Section 53A-17a-111 is amended to read:
435 53A-17a-111. Weighted pupil units for programs for students with disabilities --
436 District allocation.
437 (1) The number of weighted pupil units for students with disabilities shall reflect the
438 direct cost of programs for those students conducted in accordance with rules established by
439 the State Board of Education in accordance with Title 63G, Chapter 3, Utah Administrative
440 Rulemaking Act.
441 (2) Disability program monies allocated to districts are restricted and shall be spent for
442 the education of students with disabilities but may include expenditures for approved
443 programs of services conducted for certified instructional personnel who have students with
444 disabilities in their classes.
445 (3) The State Board of Education shall establish and strictly interpret definitions and
446 provide standards for determining which students have disabilities and shall assist districts in
447 determining the services that should be provided to students with disabilities.
448 (4) Each year the board shall evaluate the standards and guidelines that establish the
449 identifying criteria for disability classifications to assure strict compliance with those

450 standards by the districts.
451 (5) (a) Monies appropriated to the State Board of Education [in Section 53A-17a-104 ]
452 for add-on WPUs for students with disabilities enrolled in regular programs shall be allocated
453 to school districts as provided in this Subsection (5).
454 (b) Beginning on July 1, 2003, the State Board of Education shall:
455 (i) use a district's average number of special education add-on weighted pupil units
456 determined by the previous five year's average daily membership data as a foundation for the
457 special education add-on appropriation; and
458 (ii) implement a hold harmless provision for up to three years as needed to accomplish
459 a phase-in period for school districts to accommodate the change in the special education
460 add-on WPUs foundation formula.
461 (c) A district's special education add-on WPUs for the current year may not be less
462 than the foundation special education add-on WPUs.
463 (d) Growth WPUs shall be added to the prior year special education add-on WPUs,
464 and growth WPUs shall be determined as follows:
465 (i) The special education student growth factor is calculated by comparing S-3 total
466 special education ADM of two years previous to the current year to the S-3 total special
467 education ADM three years previous to the current year, not to exceed the official October
468 total district growth factor from the prior year.
469 (ii) When calculating and applying the growth factor, a district's S-3 total special
470 education ADM for a given year is limited to 12.18% of the district's S-3 total student ADM
471 for the same year.
472 (iii) Growth ADMs are calculated by applying the growth factor to the S-3 total
473 special education ADM of two years previous to the current year.
474 (iv) Growth ADMs for each district are multiplied by 1.53 weighted pupil units and
475 added to the prior year special education add-on WPU to determine each district's total
476 allocation.
477 (6) If monies appropriated under this chapter for programs for students with

478 disabilities do not meet the costs of districts for those programs, each district shall first receive
479 the amount generated for each student with a disability under the basic program.
480 Section 10. Section 53A-17a-112 is amended to read:
481 53A-17a-112. Preschool special education appropriation -- Extended year
482 program appropriation -- Appropriation for special education programs in state
483 institutions.
484 (1) (a) Money appropriated to the State Board of Education for the preschool special
485 education program [in Section 53A-17a-104 ] shall be allocated to school districts to provide a
486 free, appropriate public education to preschool students with a disability, ages three through
487 five.
488 (b) The monies shall be distributed on the basis of a school district's previous year
489 December 1 disabled preschool child count as mandated by federal law.
490 (2) Monies appropriated for the extended school year program for the severely
491 disabled [in Section 53A-17a-104 ] shall be limited to students with severe disabilities with
492 education program goals identifying significant regression and recoupment disability as
493 approved by the State Board of Education.
494 (3) (a) Monies appropriated [in Section 53A-17a-104 ] for self-contained regular
495 special education programs may not be used to supplement other school programs.
496 (b) Monies in any of the other restricted line item appropriations may not be reduced
497 more than 2% to be used for purposes other than those specified by the appropriation, unless
498 otherwise provided by law.
499 (4) (a) The State Board of Education shall compute preschool funding by a factor of
500 1.47 times the current December 1 child count of eligible preschool aged three, four, and
501 five-year-olds times the WPU value, limited to 8% growth over the prior year December 1
502 count.
503 (b) The board shall develop guidelines to implement the funding formula for preschool
504 special education, and establish prevalence limits for distribution of the monies.
505 Section 11. Section 53A-17a-113 is amended to read:

506 53A-17a-113. Weighted pupil units for career and technical education programs
507 -- Funding of approved programs -- Performance measures -- Qualifying criteria.
508 (1) (a) Money appropriated to the State Board of Education [in Section 53A-17a-104 ]
509 for approved career and technical education programs and the comprehensive guidance
510 program:
511 (i) shall be allocated to eligible recipients as provided in Subsections (2), (3), (4), and
512 (5); and
513 (ii) may not be used to fund programs below the ninth grade level.
514 (b) Subsection (1)(a)(ii) does not apply to the following programs:
515 (i) comprehensive guidance;
516 (ii) Technology-Life-Careers; and
517 (iii) work-based learning programs.
518 (2) (a) Weighted pupil units are computed for pupils in approved programs.
519 (b) (i) The board shall fund approved programs based upon hours of membership of
520 9th through 12th grade students.
521 (ii) Subsection (2)(b)(i) does not apply to the following programs:
522 (A) comprehensive guidance;
523 (B) Technology-Life-Careers; and
524 (C) work-based learning programs.
525 (c) The board shall use an amount not to exceed 20% of the total appropriation under
526 this section to fund approved programs based on performance measures such as placement and
527 competency attainment defined in standards set by the board.
528 (d) Leadership organization funds shall constitute an amount not to exceed 1% of the
529 total appropriation under this section, and shall be distributed to each local educational agency
530 sponsoring career and technical education student leadership organizations based on the
531 agency's share of the state's total membership in those organizations.
532 (e) The board shall make the necessary calculations for distribution of the
533 appropriation to school districts and may revise and recommend changes necessary for

534 achieving equity and ease of administration.
535 (3) (a) Twenty weighted pupil units shall be computed for career and technical
536 education administrative costs for each district, except 25 weighted pupil units may be
537 computed for each district that consolidates career and technical education administrative
538 services with one or more other districts.
539 (b) Between 10 and 25 weighted pupil units shall be computed for each high school
540 conducting approved career and technical education programs in a district according to
541 standards established by the board.
542 (c) Forty weighted pupil units shall be computed for each district that operates an
543 approved career and technical education center.
544 (d) Between five and seven weighted pupil units shall be computed for each summer
545 career and technical education agriculture program according to standards established by the
546 board.
547 (e) The board shall, by rule, establish qualifying criteria for districts to receive
548 weighted pupil units under this Subsection (3).
549 (4) (a) Monies remaining after the allocations made under Subsections (2) and (3)
550 shall be allocated using average daily membership in approved programs for the previous year.
551 (b) A district that has experienced student growth in grades 9 through 12 for the
552 previous year shall have the growth factor applied to the previous year's weighted pupil units
553 when calculating the allocation of monies under this Subsection (4).
554 (5) Of the monies allocated to comprehensive guidance programs pursuant to board
555 rules, $1,000,000 in grants shall be awarded to school districts or charter schools that:
556 (a) provide an equal amount of matching funds; and
557 (b) do not supplant other funds used for comprehensive guidance programs.
558 (6) (a) The board shall establish rules for the upgrading of high school career and
559 technical education programs.
560 (b) The rules shall reflect career and technical training and actual marketable job skills
561 in society.

562 (c) The rules shall include procedures to assist school districts to convert existing
563 programs which are not preparing students for the job market into programs that will
564 accomplish that purpose.
565 (7) Programs that do not meet board standards may not be funded under this section.
566 Section 12. Section 53A-17a-116 is amended to read:
567 53A-17a-116. Weighted pupil units for career and technical education set-aside
568 programs.
569 (1) Each district shall receive a guaranteed minimum allocation from the monies
570 appropriated to the State Board of Education [in Section 53A-17a-104 ] for a career and
571 technical education set-aside program.
572 (2) The set-aside funds remaining after the initial minimum payment allocation are
573 distributed by an RFP process to help pay for equipment costs necessary to initiate new
574 programs and for high priority programs as determined by labor market information.
575 Section 13. Section 53A-17a-119 is amended to read:
576 53A-17a-119. Appropriation for adult education programs.
577 (1) Money appropriated to the State Board of Education [in Section 53A-17a-104 ] for
578 adult education shall be allocated to local school boards for adult high school completion and
579 adult basic skills programs.
580 (2) Each district shall receive its pro rata share of the appropriation for adult high
581 school completion programs based on the number of people listed in the latest official census
582 who are over 18 years of age and who do not have a high school diploma and prior year
583 participation or as approved by board rule.
584 (3) On February 1 of each school year, the State Board of Education shall recapture
585 monies not used for an adult high school completion program for reallocation to districts that
586 have implemented programs based on need and effort as determined by the board.
587 (4) To the extent of monies available, school districts shall provide programs to adults
588 who do not have a diploma and who intend to graduate from high school, with particular
589 emphasis on homeless individuals who are seeking literacy and life skills.

590 (5) Overruns in adult education in any district may not reduce the value of the
591 weighted pupil unit for this program in another district.
592 (6) School districts shall spend money on adult basic skills programs according to
593 standards established by the board.
594 Section 14. Section 53A-17a-120 is amended to read:
595 53A-17a-120. Appropriation for accelerated learning programs.
596 (1) Money appropriated to the State Board of Education [in Section 53A-17a-104 ] for
597 accelerated learning programs shall be allocated to local school boards and charter schools for
598 the following programs:
599 (a) programs in grades 1-12 for the gifted and talented;
600 (b) advanced placement; and
601 (c) International Baccalaureate.
602 (2) (a) Districts shall spend monies for these programs according to rules established
603 by the State Board of Education in accordance with Title 63G, Chapter 3, Utah Administrative
604 Rulemaking Act.
605 (b) The State Board of Education shall develop uniform and consistent policies for
606 school districts to follow in utilizing advanced placement monies.
607 Section 15. Section 53A-17a-120.5 is amended to read:
608 53A-17a-120.5. Appropriation for concurrent enrollment.
609 (1) Money appropriated to the State Board of Education [in Section 53A-17a-104 ] for
610 concurrent enrollment shall be allocated as follows:
611 (a) the monies shall first be allocated proportionally, based upon student credit hour
612 delivered, between courses that are:
613 (i) taught by public school educators; and
614 (ii) taught by college or university faculty;
615 (b) from the monies allocated under Subsection (1)(a)(i):
616 (i) 60% of the monies shall be allocated to local school boards and charter schools;
617 and

618 (ii) 40% of the monies shall be allocated to the State Board of Regents; and
619 (c) from the monies allocated under Subsection (1)(a)(ii):
620 (i) 40% of the monies shall be allocated to local school boards and charter schools;
621 and
622 (ii) 60% of the monies shall be allocated to the State Board of Regents.
623 (2) The State Board of Education shall make rules providing that a school
624 participating in the concurrent enrollment programs offered under Section 53A-15-101 shall
625 receive an allocation from the monies described in Subsection (1) as provided in Section
626 53A-15-101 .
627 (3) The State Board of Regents shall make rules providing that an institution of higher
628 education participating in the concurrent enrollment programs offered under [Sections]
629 Section 53A-15-101 [and 53B-8-112 ] shall receive an allocation from the monies described in
630 Subsection (1) as provided in the rules.
631 (4) Subject to budget constraints, the Legislature shall annually increase the money
632 appropriated to the State Board of Education [in Section 53A-17a-104 ] for concurrent
633 enrollment based on:
634 (a) enrollment growth in concurrent enrollment from additional students enrolled,
635 courses offered, and credit hours taken; and
636 (b) the percentage increase in the value of the weighted pupil unit.
637 (5) (a) The State Board of Education and the State Board of Regents shall annually
638 report to the Public Education Appropriations Subcommittee:
639 (i) an accounting of the money appropriated for concurrent enrollment; and
640 (ii) a justification of the split described in Subsections (1)(a) and (b).
641 (b) The State Board of Regents shall annually report to the Higher Education
642 Appropriations Subcommittee on concurrent enrollment participation and growth, including
643 data on what higher education tuition would have been charged for the hours of concurrent
644 enrollment credit granted.
645 (6) In order to qualify for funds under this section, a concurrent enrollment program

646 shall comply with the requirements described in Section 53A-15-101 , including rules adopted
647 in accordance with Subsection 53A-15-101 (3).
648 Section 16. Section 53A-17a-121 is amended to read:
649 53A-17a-121. Appropriation for at-risk programs.
650 (1) Money appropriated to the State Board of Education [in Section 53A-17a-104 ] for
651 at-risk programs shall be allocated to local school boards for the following programs:
652 (a) youth in custody;
653 (b) homeless and disadvantaged minority students;
654 (c) mathematics, engineering, and science achievement programs;
655 (d) gang prevention and intervention; and
656 (e) at-risk flow through.
657 (2) Districts shall spend monies for these programs according to rules established by
658 the State Board of Education in accordance with Title 63G, Chapter 3, Utah Administrative
659 Rulemaking Act.
660 (3) (a) From the amount appropriated for youth at risk programs, the board shall
661 allocate moneys to school districts for homeless and disadvantaged minority students.
662 (b) Each district shall receive its allocation on the basis of:
663 (i) the total number of homeless students in the district;
664 (ii) added to 50% of the number of disadvantaged minority students in the district;
665 (iii) multiplying the total of Subsections (3)(b)(i) and (ii) by the value of the weighted
666 pupil unit; and
667 (iv) prorating the amount under Subsection (3)(b)(iii) to the amount in Subsection
668 (3)(a).
669 (4) (a) From the amount appropriated for at-risk programs, the board shall allocate
670 monies for mathematics, engineering, and science achievement programs, MESA programs, in
671 the districts.
672 (b) The board shall make the distribution to school districts on a competitive basis by
673 application under guidelines established by the board.

674 (5) (a) From the amount appropriated for at-risk programs, the board shall distribute
675 moneys for gang prevention and intervention programs at the district or school level.
676 (b) The board shall make the distribution to school districts under guidelines
677 established by the board consistent with Section 53A-15-601 .
678 (6) (a) From the amount appropriated for at-risk programs, the board shall distribute
679 moneys for programs for youth in custody.
680 (b) The board shall allocate these moneys to school districts which operate programs
681 for youth in custody in accordance with standards established by the board.
682 (7) From the amount appropriated for at-risk programs, the board shall allocate monies
683 based on:
684 (a) a formula which takes into account prior year WPU's per district and a district's
685 low income population; and
686 (b) a minimum base of no less than $18,600 for small school districts.
687 Section 17. Section 53A-17a-123 is amended to read:
688 53A-17a-123. Local Discretionary Block Grant Program -- State contribution.
689 (1) The State Board of Education shall distribute money appropriated for the Local
690 Discretionary Block Grant Program [in Section 53A-17a-104 ] to school districts and charter
691 schools according to a formula adopted by the board, after consultation with school districts
692 and charter schools, that allocates the funding in a fair and equitable manner.
693 (2) Schools districts and charter schools shall use Local Discretionary Block Grant
694 monies for:
695 (a) maintenance and operation costs;
696 (b) capital outlay; or
697 (c) debt service.
698 Section 18. Section 53A-17a-123.5 is amended to read:
699 53A-17a-123.5. Interventions for Student Success Block Grant Program -- State
700 contribution.
701 (1) The State Board of Education shall distribute money appropriated for the

702 Interventions for Student Success Block Grant Program [in Section 53A-17a-104 ] to school
703 districts and charter schools according to a formula adopted by the board, after consultation
704 with school districts and charter schools, that allocates the funding in a fair and equitable
705 manner.
706 (2) Schools districts and charter schools shall use Interventions for Student Success
707 Block Grant monies to improve student academic success, with priority given to interventions
708 on behalf of students not performing to standards as determined by U-PASS test results.
709 (3) (a) Each school district shall develop a plan for the expenditure of Interventions for
710 Student Success Block Grant monies.
711 (b) The plan:
712 (i) shall specify anticipated results; and
713 (ii) may include continuing existing programs to improve students' academic success
714 for which funds were appropriated before the establishment of the block grant.
715 (c) The local school board shall approve the plan for the expenditure of the block grant
716 monies in an open public meeting before the monies are spent.
717 Section 19. Section 53A-17a-124 is amended to read:
718 53A-17a-124. Quality Teaching Block Grant Program -- State contributions.
719 (1) The State Board of Education shall distribute money appropriated for the Quality
720 Teaching Block Grant Program [in Section 53A-17a-104 ] to school districts and charter
721 schools according to a formula adopted by the board, after consultation with school districts
722 and charter schools, that allocates the funding in a fair and equitable manner.
723 (2) (a) Schools districts and charter schools shall use Quality Teaching Block Grant
724 monies to implement school and school district comprehensive, long-term professional
725 development plans required by Section 53A-3-701 .
726 (b) In recognition of exceptional quality teaching, Quality Teaching Block Grant
727 monies may be used for the award of individual Quality Teaching Bonuses for Exemplary
728 Teachers to recognize and reward excellence in classrooms as determined by school principals
729 in partnership with their school community councils.

730 (3) Each local school board shall:
731 (a) as provided by Section 53A-3-701 , review and either approve or recommend
732 modifications for each school's comprehensive, long-term professional development plan
733 within the district so that each school's plan is compatible with the district's comprehensive,
734 long-term professional development plan; and
735 (b) in an open public meeting, approve a plan to spend Quality Teaching Block Grant
736 monies to implement the school district's comprehensive, long-term professional development
737 plan.
738 Section 20. Section 53A-17a-124.5 is amended to read:
739 53A-17a-124.5. Appropriation for class size reduction.
740 (1) Money appropriated to the State Board of Education [in Section 53A-17a-104 ] for
741 class size reduction shall be used to reduce the average class size in kindergarten through the
742 eighth grade in the state's public schools.
743 (2) Each district shall receive its allocation based upon prior year average daily
744 membership in kindergarten through grade eight plus growth as determined under Subsection
745 53A-17a-106 (3) as compared to the state total.
746 (3) (a) A district may use its allocation to reduce class size in any one or all of the
747 grades referred to under this section, except as otherwise provided in Subsection (3)(b).
748 (b) (i) Each district shall use 50% of its allocation to reduce class size in any one or
749 all of grades kindergarten through grade two, with an emphasis on improving student reading
750 skills.
751 (ii) If a district's average class size is below 18 in grades kindergarten through two, it
752 may petition the state board for, and the state board may grant, a waiver to use its allocation
753 under Subsection (3)(b)(i) for class size reduction in the other grades.
754 (4) Schools may use nontraditional innovative and creative methods to reduce class
755 sizes with this appropriation and may use part of their allocation to focus on class size
756 reduction for specific groups, such as at risk students, or for specific blocks of time during the
757 school day.

758 (5) (a) A school district may use up to 20% of its allocation under Subsection (1) for
759 capital facilities projects if such projects would help to reduce class size.
760 (b) If a school district's student population increases by 5% or 700 students from the
761 previous school year, the school district may use up to 50% of any allocation it receives under
762 this section for classroom construction.
763 (6) This appropriation is to supplement any other appropriation made for class size
764 reduction.
765 (7) The Legislature shall provide for an annual adjustment in the appropriation
766 authorized under this section in proportion to the increase in the number of students in the
767 state in kindergarten through grade eight.
768 Section 21. Section 53A-17a-125 is amended to read:
769 53A-17a-125. Appropriation for retirement and Social Security.
770 (1) The employee's retirement contribution shall be 1% for employees who are under
771 the state's contributory retirement program.
772 (2) The employer's contribution under the state's contributory retirement program is
773 determined under Section 49-12-301 , subject to the 1% contribution under Subsection (1).
774 (3) (a) The employer-employee contribution rate for employees who are under the
775 state's noncontributory retirement program is determined under Section 49-13-301 .
776 (b) The same contribution rate used under Subsection (3)(a) shall be used to calculate
777 the appropriation for charter schools described under Subsection (5).
778 (4) (a) Money appropriated to the State Board of Education [in Section 53A-17a-104 ]
779 for retirement and Social Security monies shall be allocated to school districts and charter
780 schools based on a district's or charter school's total weighted pupil units compared to the total
781 weighted pupil units for all districts in the state.
782 (b) Subject to budget constraints, monies needed to support retirement and Social
783 Security shall be determined by taking the district's prior year allocation and adjusting it for:
784 (i) student growth;
785 (ii) the percentage increase in the value of the weighted pupil unit; and

786 (iii) the effect of any change in the rates for retirement, Social Security, or both.
787 (5) A charter school that has made an election of nonparticipation in the Utah State
788 Retirement Systems in accordance with Section 53A-1a-512 and Title 49, Utah State
789 Retirement and Insurance Benefit Act, shall use the funds described under this section for
790 retirement to provide its own compensation, benefit, and retirement programs.
791 Section 22. Section 53A-17a-126 is amended to read:
792 53A-17a-126. State support of pupil transportation.
793 (1) Money appropriated to the State Board of Education [in Section 53A-17a-104 ] for
794 state-supported transportation of public school students shall be apportioned and distributed in
795 accordance with Section 53A-17a-127 , except as otherwise provided in this section.
796 (2) (a) The Utah Schools for the Deaf and the Blind shall use [money appropriated in
797 Section 53A-17a-104 ] its allocation of pupil transportation monies to pay for transportation of
798 their students based on current valid contractual arrangements and best transportation options
799 and methods as determined by the schools.
800 (b) All student transportation costs of the schools shall be paid from the allocation of
801 pupil transportation monies [received under Section 53A-17a-104 ] specified in statute.
802 (3) (a) A school district may only claim eligible transportation costs as legally reported
803 on the prior year's annual financial report submitted under Section 53A-3-404 .
804 (b) The state shall contribute 85% of approved transportation costs, subject to budget
805 constraints.
806 (c) If in a fiscal year the total transportation allowance for all districts exceeds the
807 amount appropriated for that purpose, all allowances shall be reduced pro rata to equal not
808 more than the amount appropriated.
809 (4) Local school boards shall provide salary adjustments to employee groups that work
810 with the transportation of students comparable to those of classified employees authorized
811 under Section 53A-17a-137 , when dividing the weighted pupil unit for salary adjustment
812 purposes.
813 Section 23. Section 53A-17a-131.15 is amended to read:

814 53A-17a-131.15. State contribution for the Electronic High School.
815 Money appropriated to the State Board of Education [in Section 53A-17a-104 ] for the
816 Electronic High School shall be distributed to the school according to rules established by the
817 board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
818 Section 24. Section 53A-17a-131.17 is amended to read:
819 53A-17a-131.17. State contribution for School LAND Trust Program.
820 (1) If the amount of money prescribed for funding the School LAND Trust Program in
821 Section 53A-16-101.5 is less than or greater than the money appropriated [in Section
822 53A-17a-104 ] for the School LAND Trust Program, the appropriation shall be equal to the
823 amount of money prescribed for funding the School LAND Trust Program in Section
824 53A-16-101.5 , up to a maximum of an amount equal to 2% of the funds provided for the
825 Minimum School Program[, pursuant to Title 53A, Chapter 17a, Minimum School Program
826 Act].
827 (2) The State Board of Education shall distribute the money appropriated in
828 Subsection (1) in accordance with Section 53A-16-101.5 and rules established by the board in
829 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
830 Section 25. Section 53A-17a-135 is amended to read:
831 53A-17a-135. Minimum basic tax rate -- Certified revenue levy.
832 (1) (a) In order to qualify for receipt of the state contribution toward the basic program
833 and as its contribution toward its costs of the basic program, each school district shall impose
834 a minimum basic tax rate per dollar of taxable value that generates $273,950,764 in revenues
835 statewide.
836 (b) The preliminary estimate for the [2009-10] 2010-11 minimum basic tax rate is
837 [.001303] .001513.
838 (c) The State Tax Commission shall certify on or before June 22 the rate that generates
839 $273,950,764 in revenues statewide.
840 (d) If the minimum basic tax rate exceeds the certified revenue levy as defined in
841 Section 53A-17a-103 , the state is subject to the notice requirements of Section 59-2-926 .

842 (2) (a) The state shall contribute to each district toward the cost of the basic program
843 in the district that portion which exceeds the proceeds of the levy authorized under Subsection
844 (1).
845 (b) In accord with the state strategic plan for public education and to fulfill its
846 responsibility for the development and implementation of that plan, the Legislature instructs
847 the State Board of Education, the governor, and the Office of Legislative Fiscal Analyst in
848 each of the coming five years to develop budgets that will fully fund student enrollment
849 growth.
850 (3) (a) If the proceeds of the levy authorized under Subsection (1) equal or exceed the
851 cost of the basic program in a school district, no state contribution shall be made to the basic
852 program.
853 (b) The proceeds of the levy authorized under Subsection (1) which exceed the cost of
854 the basic program shall be paid into the Uniform School Fund as provided by law.
855 Section 26. Section 53A-17a-146 is amended to read:
856 53A-17a-146. Reduction of district allocation based on insufficient revenues.
857 (1) (a) As used in this section, "Minimum School Program funds" means the total of
858 state and local funds appropriated [under Section 53A-17a-104 ] for the Minimum School
859 Program, excluding:
860 (i) the state-supported voter leeway;
861 (ii) the state-supported board leeway; and
862 (iii) the appropriation to charter schools to replace local property tax revenues.
863 (b) The State Board of Education, after consultation with each school district and
864 charter school, shall allocate the ongoing locally determined reduction [provided in Section
865 53A-17a-104 ] for fiscal year 2008-09 among school districts and charter schools in proportion
866 to each school district's or charter school's percentage share of Minimum School Program
867 funds.
868 (2) Each district and charter school shall determine which programs are affected by,
869 and the amount of, the reductions, except as provided in Subsection (4).

870 (3) The requirement to spend a specified amount in any particular program is waived
871 if reductions are required under this section, except as provided in Subsection (4).
872 (4) A school district or charter school may not reduce or reallocate spending of funds
873 distributed to the school district or charter school for the following programs:
874 (a) educator salary adjustments provided in Section 53A-17a-153 ;
875 (b) the Teacher Salary Supplement Program provided in Section 53A-17a-156 ;
876 (c) the extended year for special educators provided in Section 53A-17a-158 ; and
877 (d) USTAR centers provided in Section 53A-17a-159 .
878 Section 27. Section 53A-17a-153 is amended to read:
879 53A-17a-153. Educator salary adjustments.
880 (1) As used in this section, "educator" means a person employed by a school district,
881 charter school, or the Utah Schools for the Deaf and the Blind who holds:
882 (a) a license issued under Title 53A, Chapter 6, Educator Licensing and Professional
883 Practices Act; and
884 (b) a position as a:
885 (i) classroom teacher;
886 (ii) speech pathologist;
887 (iii) librarian or media specialist;
888 (iv) preschool teacher;
889 (v) mentor teacher;
890 (vi) teacher specialist or teacher leader;
891 (vii) guidance counselor;
892 (viii) audiologist;
893 (ix) psychologist; or
894 (x) social worker.
895 (2) In recognition of the need to attract and retain highly skilled and dedicated
896 educators, the Legislature shall annually appropriate money for educator salary adjustments,
897 subject to future budget constraints.

898 (3) Money appropriated to the State Board of Education for educator salary
899 adjustments shall be distributed to school districts, charter schools, and the Utah Schools for
900 the Deaf and the Blind in proportion to the number of full-time-equivalent educator positions
901 in a school district, a charter school, or the Utah Schools for the Deaf and the Blind as
902 compared to the total number of full-time-equivalent educator positions in school districts,
903 charter schools, and the Utah Schools for the Deaf and the Blind.
904 (4) School districts, charter schools, and the Utah Schools for the Deaf and the Blind
905 shall award bonuses to educators as follows:
906 (a) the amount of the salary adjustment shall be the same for each full-time-equivalent
907 educator position in the school district, charter school, or the Utah Schools for the Deaf and
908 the Blind;
909 (b) a person who is not a full-time educator shall receive a partial salary adjustment
910 based on the number of hours the person works as an educator; and
911 (c) salary adjustments may be awarded only to educators who have received a
912 satisfactory rating or above on their most recent evaluation.
913 (5) (a) Each school district and charter school and the Utah Schools for the Deaf and
914 the Blind shall submit a report to the State Board of Education on how the money for salary
915 adjustments was spent, including the amount of the salary adjustment and the number of full
916 and partial salary adjustments awarded.
917 (b) The State Board of Education shall compile the information reported under
918 Subsection (5) and submit it to the Public Education Appropriations Subcommittee by
919 November 30 each year.
920 (6) The State Board of Education may make rules as necessary to administer this
921 section, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
922 (7) (a) Subject to future budget constraints, the Legislature shall appropriate sufficient
923 monies each year to:
924 (i) maintain educator salary adjustments provided in prior years; and
925 (ii) provide educator salary adjustments to new employees.

926 (b) Money appropriated for educator salary adjustments shall include money for the
927 following employer-paid benefits:
928 (i) retirement;
929 (ii) worker's compensation;
930 (iii) Social Security; and
931 (iv) Medicare.
932 (8) (a) Subject to future budget constraints, the Legislature shall:
933 (i) maintain the salary adjustments provided to school administrators in the 2007-08
934 school year; and
935 (ii) provide salary adjustments for new school administrators in the same amount as
936 provided for existing school administrators.
937 (b) The appropriation provided for educator salary adjustments [in Section
938 53A-17a-104 ]shall include salary adjustments for school administrators as specified in
939 Subsection (8)(a).
940 (c) In distributing and awarding salary adjustments for school administrators, the State
941 Board of Education, school districts, charter schools, and the Utah Schools for the Deaf and
942 the Blind shall comply with the requirements for the distribution and award of educator salary
943 adjustments as provided in Subsections (3) and (4).
944 Section 28. Section 53A-17a-154 is amended to read:
945 53A-17a-154. Appropriation for school nurses.
946 The State Board of Education shall distribute monies appropriated [in Section
947 53A-17a-104 ] for school nurses to award grants to school districts and charter schools that:
948 (1) provide an equal amount of matching funds; and
949 (2) do not supplant other monies used for school nurses.
950 Section 29. Section 53A-17a-155 is amended to read:
951 53A-17a-155. Appropriation for library books and electronic resources.
952 (1) The State Board of Education shall distribute monies appropriated [in Section
953 53A-17a-104 ] for library books and electronic resources as follows:

954 (a) 25% shall be divided equally among all public schools; and
955 (b) 75% shall be divided among public schools based on each school's average daily
956 membership as compared to the total average daily membership.
957 (2) A school district or charter school may not use monies distributed under
958 Subsection (1) to supplant other monies used to purchase library books or electronic resources.
959 Section 30. Section 63J-1-206 is amended to read:
960 63J-1-206. Appropriations governed by chapter -- Restrictions on expenditures
961 -- Transfer of funds -- Exclusion.
962 (1) As used in this section, "work program" means a budget that contains revenues and
963 expenditures for specific purposes or functions within an item of appropriation.
964 (2) (a) Except as provided in Subsection (2)(b), (3)(e), or where expressly exempted in
965 the appropriating act:
966 (i) all monies appropriated by the Legislature are appropriated upon the terms and
967 conditions set forth in this chapter; and
968 (ii) any department, agency, or institution that accepts monies appropriated by the
969 Legislature does so subject to the requirements of this chapter.
970 (b) This section does not apply to:
971 (i) the Legislature and its committees; and
972 (ii) the Investigation Account of the Water Resources Construction Fund, which is
973 governed by Section 73-10-8 .
974 (3) (a) Each appropriation item is to be expended subject to any schedule of programs
975 and any restriction attached to the appropriation item, as designated by the Legislature.
976 (b) Each schedule of programs or restriction attached to an appropriation item:
977 (i) is a restriction or limitation upon the expenditure of the respective appropriation
978 made;
979 (ii) does not itself appropriate any money; and
980 (iii) is not itself an item of appropriation.
981 (c) An appropriation or any surplus of any appropriation may not be diverted from any

982 department, agency, institution, or division to any other department, agency, institution, or
983 division.
984 (d) The money appropriated subject to a schedule or programs or restriction may be
985 used only for the purposes authorized.
986 (e) In order for a department, agency, or institution to transfer monies appropriated to it
987 from one program to another program within an item of appropriation, the following procedure
988 shall be followed:
989 (i) The department, agency, or institution seeking to make the transfer shall prepare:
990 (A) a new work program for the fiscal year involved that consists of the currently
991 approved work program and the transfer sought to be made; and
992 (B) a written justification for the new work program that sets forth the purpose and
993 necessity for the transfer.
994 (ii) The Division of Finance shall process the new work program with written
995 justification and make this information available to the Governor's Office of Planning and
996 Budget and the legislative fiscal analyst.
997 (f) [Monies] (i) Except as provided in Subsection (3)(f)(ii), monies may not be
998 transferred from one item of appropriation to any other item of appropriation.
999 (ii) The state superintendent may transfer monies appropriated for the Minimum
1000 School Program between line items of appropriation in accordance with Section 53A-17a-105 .
1001 (g) (i) The procedures for transferring monies between programs within an item of
1002 appropriation as provided by Subsection (3)(e) do not apply to monies appropriated to the
1003 State Board of Education for the Minimum School Program or capital outlay programs created
1004 in Title 53A, Chapter 21, Public Education Capital Outlay Act.
1005 (ii) The state superintendent may transfer monies appropriated for the programs
1006 specified in Subsection (3)(g)(i) only as provided by Section 53A-17a-105 .
1007 Section 31. Repealer.
1008 This bill repeals:
1009 Section 53A-17a-104, Amount of state's contribution toward minimum school

1010 program.
1011 Section 53A-21-501, State contribution to capital outlay programs.
1012 Section 32. Appropriations for Minimum School Program and school building
1013 aid programs -- Value of weighted pupil unit.
1014 (1) The following sums of money are appropriated from the funds or fund accounts
1015 indicated for distribution to school districts and charter schools for the fiscal year beginning
1016 July 1, 2010 and ending June 30, 2011.
1017 (2) The value of the weighted pupil unit (WPU) for fiscal year 2011 is $2,487.
1018 Item 1 Basic School Program
1019 To Basic School Program
1020 From Uniform School Fund

$1,579,112,936

1021 From Local Revenue

$273,950,764

1022 Schedule of Programs:
1023 Kindergarten (26,503 WPUs) $65,912,961
1024 Grades 1 - 12 (510,441 WPUs) $1,269,466,767
1025 Necessarily Existent Small Schools (7,649 WPUs) $19,023,063
1026 Professional Staff (46,698 WPUs) $116,137,926
1027 Administrative Costs (1,550 WPUs) $3,854,850
1028 Special Education - Add-on (63,903 WPUs)
1029 $158,926,761
1030 Special Education - Pre-school (8,955 WPUs) $22,271,085
1031 Special Education - Self-contained (14,137 WPUs) $35,158,719
1032 Special Education - Extended Year (393 WPUs) $977,391
1033 Special Education - State Programs (1,776 WPUs) $4,416,912
1034 Career & Technical Ed District Add-on (27,259 WPUs) $67,793,133
1035 Class Size Reduction (35,836 WPUs) $89,124,132
1036 The Legislature intends that the State Board of
1037 Education allocate $1,150,600 from the appropriation

1038 to the Career & Technical Education District Add-on
1039 program to support summer Career & Technical
1040 Education agriculture programs.
1041 Item 2 Related to Basic Programs
1042 To Related to Basic Programs
1043 From Uniform School Fund

$374,194,403

1044 From Uniform School Fund Restricted - Interest and Dividends Account

$20,000,000

1045 Schedule of Programs:
1046 Social Security and Retirement $13,139,631
1047 To and From School - Pupil Transportation $64,333,965
1048 Guarantee Transportation Levy $490,000
1049 Intervention for Student Success Block Grant $14,700,000
1050 Highly Impacted Schools $4,518,707
1051 Youth At-Risk $27,704,741
1052 Adult Education $9,080,846
1053 Accelerated Learning $3,494,781
1054 Concurrent Enrollment $8,531,186
1055 High-Ability Student Initiative $485,100
1056 English Language Learner Family Literacy Centers $1,764,000
1057 Electronic High School $1,960,000
1058 School LAND Trust Program $20,000,000
1059 Charter School Local Replacement $44,382,646
1060 Charter School Administration $3,603,500
1061 K-3 Reading Improvement $14,700,000
1062 Public Education Job Enhancement $2,143,300
1063 Educator Salary Adjustments
1064 $145,295,000
1065 USFR Teacher Salary Supplement Restricted Account $3,626,000

1066 Library Books & Electronic Resources $490,000
1067 Matching Fund for School Nurses $882,000
1068 Critical Languages & Dual Immersion $225,400
1069 Extended Year for Special Educators $2,557,800
1070 USTAR Centers (Year-Round Math & Science) $6,085,800
1071 The Legislature intends that the State Board
1072 of Education allocate $2,532,700 from the appropriation
1073 for To and From School - Pupil Transportation to
1074 support transportation costs at the Utah
1075 Schools for the Deaf and the Blind.
1076 Item 3 Voted and Board Leeway Programs
1077 To Voted and Board Leeway Programs
1078 From Uniform School Fund

$37,240,184

1079 From Local Revenue

$310,463,914

1080 Schedule of Programs:
1081 Voted Leeway $265,569,683
1082 Board Leeway $67,134,415
1083 Board Leeway - Reading Improvement $15,000,000
1084 Item 4 School Building Programs
1085 To School Building Programs
1086 From Uniform School Fund

$22,049,700

1087 Schedule of Programs:
1088 Capital Outlay Foundation Program $19,177,400
1089 Capital Outlay Enrollment Growth Program $2,872,300
1090 Section 33. Effective date.
1091 This bill takes effect on July 1, 2010.