H.B. 123

This document includes House Committee Amendments incorporated into the bill on Fri, Mar 4, 2011 at 3:11 PM by jeyring. --> 1

K-12 EDUCATION AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kenneth W. Sumsion
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the funding H. [ and governance ] .H of public schools.
10 Highlighted Provisions:
11 This bill:
12 H. [ . reduces the term of local school board members from four years to two years; ] .H
13 . modifies how money appropriated for the basic state-supported school program is
14 distributed to school districts and charter schools;
15 . eliminates programs that provide funds for specific purposes; and
16 . makes technical amendments.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill takes effect on July 1, 2011.
21 Utah Code Sections Affected:
22 AMENDS:
23 H. [ 20A-1-511, as last amended by Laws of Utah 1994, Chapter 108
24 20A-14-201, as last amended by Laws of Utah 2007, Chapter 215
25 20A-14-202, as last amended by Laws of Utah 2008, Chapter 8
26 20A-14-203, as enacted by Laws of Utah 1995, Chapter 1 ] .H
27 53A-1-402, as last amended by Laws of Utah 2005, Chapter 227

28 53A-1a-513, as last amended by Laws of Utah 2010, Chapters 3 and 399
29 53A-1a-521, as enacted by Laws of Utah 2010, Chapter 353
30 53A-1a-703, as last amended by Laws of Utah 2010, Chapter 3
31 53A-1a-706, as enacted by Laws of Utah 2005, Chapter 35
32 53A-2-206, as last amended by Laws of Utah 2010, Chapter 349
33 53A-2-210, as last amended by Laws of Utah 2008, Chapter 346
34 53A-2-213, as last amended by Laws of Utah 2008, Chapter 346
35 53A-6-103, as last amended by Laws of Utah 2008, Chapter 382
36 53A-11-301, as last amended by Laws of Utah 1992, Chapter 53
37 53A-15-101, as last amended by Laws of Utah 2009, Chapter 321
38 53A-17a-103, as last amended by Laws of Utah 2010, Chapter 3
39 53A-17a-105, as repealed and reenacted by Laws of Utah 2010, Chapter 399
40 53A-17a-125, as last amended by Laws of Utah 2010, Chapter 3
41 53A-17a-133, as last amended by Laws of Utah 2010, Chapter 399
42 53A-17a-139, as enacted by Laws of Utah 1991, Chapter 72
43 53A-17a-146, as last amended by Laws of Utah 2010, Chapters 3 and 399
44 53A-17a-151, as enacted by Laws of Utah 2004, Chapter 305
45 53A-25b-402, as enacted by Laws of Utah 2009, Chapter 294
46 59-10-1011, as renumbered and amended by Laws of Utah 2006, Chapter 223
47 63I-1-253, as last amended by Laws of Utah 2010, Chapters 79, 160, and 319
48 63I-2-253, as last amended by Laws of Utah 2010, Chapter 11
49 63J-1-602.3, as enacted by Laws of Utah 2010, Chapter 265
50 ENACTS:
51 53A-17a-103.3, Utah Code Annotated 1953
52 53A-17a-103.5, Utah Code Annotated 1953
53 53A-17a-103.7, Utah Code Annotated 1953
54 53A-17a-103.9, Utah Code Annotated 1953
55 REPEALS:
56 53A-1a-601, as last amended by Laws of Utah 2008, Chapter 382
57 53A-1a-602, as last amended by Laws of Utah 2010, Chapter 286
58 53A-6-701, as enacted by Laws of Utah 2002, Chapter 253

59 53A-6-801, as enacted by Laws of Utah 2008, Chapter 144
60 53A-6-802, as last amended by Laws of Utah 2010, Chapter 286
61 53A-15-405, as enacted by Laws of Utah 1988, Chapter 2
62 53A-15-601, as last amended by Laws of Utah 1997, Chapter 219
63 53A-15-701, as last amended by Laws of Utah 2002, Chapter 210
64 53A-17a-105.5, as enacted by Laws of Utah 2010, Chapter 303
65 53A-17a-106, as last amended by Laws of Utah 2001, Chapter 73
66 53A-17a-107, as last amended by Laws of Utah 2008, Chapter 382
67 53A-17a-108, as last amended by Laws of Utah 2010, Chapters 3 and 399
68 53A-17a-109, as last amended by Laws of Utah 2003, Chapter 221
69 53A-17a-111, as last amended by Laws of Utah 2010, Chapter 3
70 53A-17a-111.5, as last amended by Laws of Utah 2003, Chapter 221
71 53A-17a-112, as last amended by Laws of Utah 2010, Chapter 3
72 53A-17a-113, as last amended by Laws of Utah 2010, Chapter 3
73 53A-17a-114, as last amended by Laws of Utah 2007, Chapter 372
74 53A-17a-116, as last amended by Laws of Utah 2010, Chapter 3
75 53A-17a-119, as last amended by Laws of Utah 2010, Chapter 3
76 53A-17a-120, as last amended by Laws of Utah 2010, Chapter 3
77 53A-17a-121, as last amended by Laws of Utah 2010, Chapter 3
78 53A-17a-123, as last amended by Laws of Utah 2010, Chapter 3
79 53A-17a-124, as last amended by Laws of Utah 2010, Chapter 3
80 53A-17a-124.5, as last amended by Laws of Utah 2010, Chapter 3
81 53A-17a-126, as last amended by Laws of Utah 2010, Chapter 3
82 53A-17a-127, as last amended by Laws of Utah 2010, Chapter 305
83 53A-17a-131.9, as last amended by Laws of Utah 2008, Chapter 382
84 53A-17a-131.15, as last amended by Laws of Utah 2010, Chapter 3
85 53A-17a-131.16, as last amended by Laws of Utah 2008, Chapter 250
86 53A-17a-137, as last amended by Laws of Utah 2000, Chapter 264
87 53A-17a-138, as enacted by Laws of Utah 1991, Chapter 72
88 53A-17a-140, as enacted by Laws of Utah 1991, Chapter 72
89 53A-17a-141, as enacted by Laws of Utah 1991, Chapter 72

90 53A-17a-143, as last amended by Laws of Utah 1995, Chapter 271
91 53A-17a-147, as last amended by Laws of Utah 2003, Chapter 221
92 53A-17a-148, as last amended by Laws of Utah 2009, Chapters 4 and 391
93 53A-17a-150, as enacted by Laws of Utah 2004, Chapter 305
94 53A-17a-153, as last amended by Laws of Utah 2010, Chapter 3
95 53A-17a-154, as last amended by Laws of Utah 2010, Chapter 3
96 53A-17a-155, as last amended by Laws of Utah 2010, Chapter 3
97 53A-17a-156, as enacted by Laws of Utah 2008, Chapter 397
98 53A-17a-157, as enacted by Laws of Utah 2008, Chapter 397
99 53A-17a-158, as enacted by Laws of Utah 2008, Chapter 397
100 53A-17a-159, as enacted by Laws of Utah 2008, Chapter 397
101 53A-17a-160, as enacted by Laws of Utah 2008, Chapter 397
102 53A-17a-161, as enacted by Laws of Utah 2008, Chapter 397
103 53A-17a-162, as enacted by Laws of Utah 2008, Chapter 397
104 53A-17a-163, as enacted by Laws of Utah 2009, Chapter 299
105
106 Be it enacted by the Legislature of the state of Utah:
107 H. [ Section 1. Section 20A-1-511 is amended to read:
108 20A-1-511. Midterm vacancies on local school boards.
109 (1) (a) A local school board shall fill vacancies on the board by appointment[, except as
110 otherwise provided in Subsection (2)].
111 (b) If the board fails to make an appointment within 30 days after a vacancy occurs, the
112 county legislative body, or municipal legislative body in a city district, shall fill the vacancy by
113 appointment.
114 (c) A member appointed and qualified under this subsection shall serve until a
115 successor is elected or appointed and qualified.
116 [(2) (a) A vacancy on the board shall be filled by an interim appointment, followed by
117 an election to fill a two-year term if:]
118 [(i) the vacancy on the board occurs, or a letter of resignation is received by the board,
119 at least 14 days before the deadline for filing a declaration of candidacy; and]
120 [(ii) two years of the vacated term will remain after the first Monday of January

121 H. following the next school board election.]
122 [(b) Members elected under this subsection shall serve for the remaining two years of
123 the vacated term and until a successor is elected and qualified.]
124 [(3)] (2) Before appointing a person to fill a vacancy under this section, the local
125 school board shall:
126 (a) give public notice of the vacancy at least two weeks before the local school board
127 meets to fill the vacancy; and
128 (b) identify, in the notice:
129 (i) the date, time, and place of the meeting where the vacancy will be filled; and
130 (ii) the person to whom a person interested in being appointed to fill the vacancy may
131 submit his name for consideration and any deadline for submitting it.
132 Section 2. Section 20A-14-201 is amended to read:
133 20A-14-201. Boards of education -- School board districts -- Creation --
134 Reapportionment.
135 (1) (a) The county legislative body, for local school districts whose boundaries
136 encompass more than a single municipality, and the municipal legislative body, for school
137 districts contained completely within a municipality, shall divide the local school district into
138 local school board districts as required under [Subsection 20A-14-202 (1)(a)] Section
139 20A-14-202 .
140 (b) The county and municipal legislative bodies shall divide the school district so that
141 the local school board districts are substantially equal in population and are as contiguous and
142 compact as practicable.
143 (2) (a) County and municipal legislative bodies shall reapportion district boundaries to
144 meet the population, compactness, and contiguity requirements of this section:
145 (i) at least once every 10 years;
146 (ii) if a new district is created:
147 (A) within 45 days after the canvass of an election at which voters approve the creation
148 of a new district; and
149 (B) at least 60 days before the candidate filing deadline for a school board election;
150 (iii) whenever districts are consolidated;
151 (iv) whenever a district loses more than 20% of the population of the entire school .H

152 H. district to another district;
153 (v) whenever a district loses more than 50% of the population of a local school board
154 district to another district;
155 (vi) whenever a district receives new residents equal to at least 20% of the population
156 of the district at the time of the last reapportionment because of a transfer of territory from
157 another district; and
158 (vii) whenever it is necessary to increase the membership of a board from five to seven
159 members as a result of changes in student membership under Section 20A-14-202 .
160 (b) If a school district receives territory containing less than 20% of the population of
161 the transferee district at the time of the last reapportionment, the local school board may assign
162 the new territory to one or more existing school board districts.
163 (3) (a) Reapportionment does not affect the right of any school board member to
164 complete the term for which the member was elected.
165 (b) (i) After reapportionment, representation in a local school board district shall be
166 determined as provided in this Subsection (3).
167 (ii) If only one board member whose term extends beyond reapportionment lives
168 within a reapportioned local school board district, that board member shall represent that local
169 school board district.
170 (iii) (A) If two or more members whose terms extend beyond reapportionment live
171 within a reapportioned local school board district, the members involved shall select one
172 member by lot to represent the local school board district.
173 (B) The other members shall serve at-large for the remainder of their terms.
174 (C) The at-large board members shall serve in addition to the designated number of
175 board members for the board in question for the remainder of their terms.
176 (iv) If there is no board member living within a local school board district whose term
177 extends beyond reapportionment, the seat shall be treated as vacant and filled as provided in
178 this part.
179 [(4) (a) If, before an election affected by reapportionment, the county or municipal
180 legislative body that conducted the reapportionment determines that one or more members
181 must be elected to terms of two years to meet this part's requirements for staggered terms, the
182 legislative body shall determine by lot which of the reapportioned local school board districts .H

183 H. will elect members to two-year terms and which will elect members to four-year terms.]
184 [(b) All subsequent elections are for four-year terms.]
185 [(5)] (4) Within 10 days after any local school board district boundary change, the
186 county or municipal legislative body making the change shall send an accurate map or plat of
187 the boundary change to the Automated Geographic Reference Center created under Section
188 63F-1-506 .
189 Section 3. Section 20A-14-202 is amended to read:
190 20A-14-202. Local boards of education -- Membership -- When elected --
191 Qualifications -- Avoiding conflicts of interest.
192 (1) (a) Except as provided in Subsection (1)(b), the board of education of a school
193 district with a student population of up to 24,000 students shall consist of five members.
194 (b) The board of education of a school district with a student population of more than
195 10,000 students but fewer than 24,000 students shall increase from five to seven members
196 beginning with the 2004 regular general election.
197 (c) The board of education of a school district with a student population of 24,000 or
198 more students shall consist of seven members.
199 (d) Student population is based on the October 1 student count submitted by districts to
200 the State Office of Education.
201 (e) If the number of members of a local school board is required to change under
202 Subsection (1)(b), the board shall be reapportioned and elections conducted as provided in
203 Sections 20A-14-201 and 20A-14-203 .
204 (f) A school district which now has or increases to a seven-member board shall
205 maintain a seven-member board regardless of subsequent changes in student population.
206 (g) [(i)] Members of a local board of education shall be elected at each regular general
207 election.
208 [(ii) Except as provided in Subsection (1)(g)(iii), no more than three members of a
209 local board of education may be elected to a five-member board, nor more than four members
210 elected to a seven-member board, in any election year.]
211 [(iii) More than three members of a local board of education may be elected to a
212 five-member board and more than four members elected to a seven-member board in any
213 election year only when required by reapportionment or to fill a vacancy or to implement .H

214 Subsection (1)(b).]
215 (h) One member of the local board of education shall be elected from each local school
216 board district.
217 (2) (a) For an election held after the 2008 general election, a person seeking election to
218 a local school board must have been a resident of the local school board district in which the
219 person is seeking election for at least one year as of the date of the election.
220 (b) A person who has resided within the local school board district, as the boundaries
221 of the district exist on the date of the election, for one year immediately preceding the date of
222 the election shall be considered to have met the requirements of this Subsection (2).
223 (3) A member of a local school board shall:
224 (a) be and remain a registered voter in the local school board district from which the
225 member is elected or appointed; and
226 (b) maintain the member's primary residence within the local school board district from
227 which the member is elected or appointed during the member's term of office.
228 (4) A member of a local school board may not, during the member's term in office, also
229 serve as an employee of that board.
230 Section 4. Section 20A-14-203 is amended to read:
231 20A-14-203. Becoming a member of a local board of education -- Declaration of
232 candidacy -- Election.
233 (1) An individual may become a candidate for a local school board by filing a
234 declaration of candidacy with the county clerk and paying the fee as required by Section
235 20A-9-202 .
236 (2) (a) The term of office for an individual elected to a local board of education before
237 January 1, 2012, is four years, beginning on the first Monday in January after the election.
238 (b) The term of office for an individual elected to a local board of education after
239 January 1, 2012, is two years, beginning on the first Monday in January after the election.
240 [(b)] (c) A member of a local board of education shall serve until a successor is elected
241 or appointed and qualified.
242 [(c)] (d) A member of a local board of education is "qualified" when the member takes
243 or signs the constitutional oath of office. ] .H
244 Section 5. Section 53A-1-402 is amended to read:

245 53A-1-402. Board to establish minimum standards for public schools.
246 (1) The State Board of Education shall establish rules and minimum standards for the
247 public schools that are consistent with this title, including rules and minimum standards
248 governing the following:
249 (a) (i) the qualification and certification of educators and ancillary personnel who
250 provide direct student services;
251 (ii) required school administrative and supervisory services; and
252 (iii) the evaluation of instructional personnel;
253 (b) (i) access to programs;
254 (ii) attendance;
255 (iii) competency levels;
256 (iv) graduation requirements; and
257 (v) discipline and control;
258 (c) (i) school accreditation;
259 (ii) the academic year;
260 (iii) alternative and pilot programs;
261 (iv) curriculum and instruction requirements;
262 (v) school libraries; and
263 (vi) services to:
264 (A) persons with a disability as defined by and covered under:
265 (I) the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102;
266 (II) the Rehabilitation Act of 1973, 29 U.S.C. Sec. 705(20)(A); and
267 (III) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1401(3); and
268 (B) other special groups;
269 [(d) (i) state reimbursed bus routes;]
270 [(ii)] (d) (i) bus safety and operational requirements; and
271 [(iii)] (ii) other transportation needs; and
272 (e) (i) school productivity and cost effectiveness measures;
273 (ii) federal programs;
274 (iii) school budget formats; and
275 (iv) financial, statistical, and student accounting requirements.

276 (2) The board shall determine if:
277 (a) the minimum standards have been met; and
278 (b) required reports are properly submitted.
279 (3) The board may apply for, receive, administer, and distribute to eligible applicants
280 funds made available through programs of the federal government.
281 (4) (a) The Utah College of Applied Technology shall provide competency-based
282 career and technical education courses that fulfill high school graduation requirements, as
283 requested and authorized by the State Board of Education.
284 (b) A school district may grant a high school diploma to a student participating in
285 courses described under Subsection (4)(a) that are provided by the Utah College of Applied
286 Technology.
287 Section 6. Section 53A-1a-513 is amended to read:
288 53A-1a-513. Funding for charter schools.
289 (1) As used in this section:
290 (a) "Charter school students' average local revenues" means the amount determined as
291 follows:
292 (i) for each student enrolled in a charter school on the previous October 1, calculate the
293 district per pupil local revenues of the school district in which the student resides;
294 (ii) sum the district per pupil local revenues for each student enrolled in a charter
295 school on the previous October 1; and
296 (iii) divide the sum calculated under Subsection (1)(a)(ii) by the number of students
297 enrolled in charter schools on the previous October 1.
298 (b) "District per pupil local revenues" means the amount determined as follows, using
299 data from the most recently published school district annual financial reports and state
300 superintendent's annual report:
301 (i) calculate the sum of a school district's revenue received from:
302 (A) a voted levy imposed under Section 53A-17a-133 ;
303 (B) a board levy imposed under Section 53A-17a-134 ;
304 (C) 10% of the cost of the basic program levy imposed under Section 53A-17a-145 ;
305 (D) a tort liability levy imposed under Section 63G-7-704 ;
306 (E) a capital outlay levy imposed under Section 53A-16-107 ; and

307 (F) a voted capital outlay levy imposed under Section 53A-16-110 ; and
308 (ii) divide the sum calculated under Subsection (1)(b)(i) by the sum of:
309 (A) a school district's average daily membership; and
310 (B) the average daily membership of a school district's resident students who attend
311 charter schools.
312 (c) "Resident student" means a student who is considered a resident of the school
313 district under Title 53A, Chapter 2, Part 2, District of Residency.
314 (d) "Statewide average debt service revenues" means the amount determined as
315 follows, using data from the most recently published state superintendent's annual report:
316 (i) sum the revenues of each school district from the debt service levy imposed under
317 Section 11-14-310 ; and
318 (ii) divide the sum calculated under Subsection (1)(d)(i) by statewide school district
319 average daily membership.
320 (2) (a) Charter schools shall receive funding as described in this section, except
321 Subsections (3) through (8) do not apply to charter schools described in Subsection (2)(b).
322 (b) Charter schools authorized by local school boards that are converted from district
323 schools or operate in district facilities without paying reasonable rent shall receive funding as
324 prescribed in Section 53A-1a-515 .
325 (3) (a) Except as provided in Subsection (3)(b), a charter school shall receive state
326 funds, as applicable, on the same basis as a school district receives funds.
327 (b) In distributing funds under [Title 53A,] Chapter 17a, Minimum School Program
328 Act, to charter schools, except for funds distributed through the basic state-supported school
329 program, charter school pupils shall be weighted, where applicable, as follows:
330 (i) .55 for kindergarten pupils;
331 (ii) .9 for pupils in grades 1 through 6;
332 (iii) .99 for pupils in grades 7 through 8; and
333 (iv) 1.2 for pupils in grades 9 through 12.
334 (4) (a) (i) A school district shall allocate a portion of school district revenues for each
335 resident student of the school district who is enrolled in a charter school on October 1 equal to
336 25% of the lesser of:
337 (A) district per pupil local revenues; or

338 (B) charter school students' average local revenues.
339 (ii) Nothing in this Subsection (4)(a) affects the school bond guarantee program
340 established under Chapter 28, Utah School Bond Guaranty Act.
341 (b) The State Board of Education shall:
342 (i) deduct an amount equal to the allocation provided under Subsection (4)(a) from
343 state funds the school district is authorized to receive under [Title 53A,] Chapter 17a,
344 Minimum School Program Act; and
345 (ii) remit the money to the student's charter school.
346 (c) Notwithstanding the method used to transfer school district revenues to charter
347 schools as provided in Subsection (4)(b), a school district may deduct the allocations to charter
348 schools under this section from:
349 (i) unrestricted revenues available to the school district; or
350 (ii) the revenue sources listed in Subsections (1)(b)(i)(A) through (F) based on the
351 portion of the allocations to charter schools attributed to each of the revenue sources listed in
352 Subsections (1)(b)(i)(A) through (F).
353 (d) (i) Subject to future budget constraints, the Legislature shall provide an
354 appropriation for charter schools for each student enrolled on October 1 to supplement the
355 allocation of school district revenues under Subsection (4)(a).
356 (ii) Except as provided in Subsection (4)(d)(iii), the amount of money provided by the
357 state for a charter school student shall be the sum of:
358 (A) charter school students' average local revenues minus the allocation of school
359 district revenues under Subsection (4)(a); and
360 (B) statewide average debt service revenues.
361 (iii) If the total of a school district's allocation for a charter school student under
362 Subsection (4)(a) and the amount provided by the state under Subsection (4)(d)(ii) is less than
363 $1427, the state shall provide an additional supplement so that a charter school receives at least
364 $1427 per student under this Subsection (4).
365 (iv) (A) If the appropriation provided under this Subsection (4)(d) is less than the
366 amount prescribed by Subsection (4)(d)(ii) or (4)(d)(iii), the appropriation shall be allocated
367 among charter schools in proportion to each charter school's enrollment as a percentage of the
368 total enrollment in charter schools.

369 (B) If the State Board of Education makes adjustments to Minimum School Program
370 allocations as provided under Section 53A-17a-105 , the allocation provided in Subsection
371 (4)(d)(iv)(A) shall be determined after adjustments are made under Section 53A-17a-105 .
372 (e) Of the money provided to a charter school under this Subsection (4), 10% shall be
373 expended for funding school facilities only.
374 (5) Charter schools are eligible to receive federal funds if they meet all applicable
375 federal requirements and comply with relevant federal regulations.
376 (6) The State Board of Education shall distribute funds for charter school students
377 directly to the charter school.
378 (7) (a) Notwithstanding Subsection (3), a charter school is not eligible to receive state
379 transportation funding.
380 (b) The board shall also adopt rules relating to the transportation of students to and
381 from charter schools, taking into account Sections 53A-2-210 and 53A-17a-127 .
382 (c) The governing body of the charter school may provide transportation through an
383 agreement or contract with the local school board, a private provider, or with parents.
384 (8) (a) (i) The state superintendent of public instruction may allocate grants for both
385 start-up and ongoing costs to eligible charter school applicants from money appropriated for
386 the implementation of this part.
387 (ii) Applications for the grants shall be filed on a form determined by the state
388 superintendent and in conjunction with the application for a charter.
389 (iii) The amount of a grant may vary based upon the size, scope, and special
390 circumstances of the charter school.
391 (iv) The governing board of the charter school shall use the grant to meet the expenses
392 of the school as established in the school's charter.
393 (b) The State Board of Education shall coordinate the distribution of federal money
394 appropriated to help fund costs for establishing and maintaining charter schools within the
395 state.
396 (9) (a) A charter school may receive, hold, manage and use any devise, bequest, grant,
397 endowment, gift, or donation of any property made to the school for any of the purposes of this
398 part.
399 (b) It is unlawful for any person affiliated with a charter school to demand or request

400 any gift, donation, or contribution from a parent, teacher, employee, or other person affiliated
401 with the charter school as a condition for employment or enrollment at the school or continued
402 attendance at the school.
403 Section 7. Section 53A-1a-521 is amended to read:
404 53A-1a-521. Authorization of a charter school by a board of trustees of a higher
405 education institution.
406 (1) Subject to the approval of the State Board of Education and except as provided in
407 Subsection [(7)] (8), an individual or entity identified in Section 53A-1a-504 may enter into an
408 agreement with a board of trustees of a higher education institution to establish and operate a
409 charter school.
410 (2) (a) An individual or entity identified in Section 53A-1a-504 applying for
411 authorization from a board of trustees of a higher education institution to establish and operate
412 a charter school shall provide a copy of the application to the State Charter School Board and
413 the local school board of the school district in which the proposed charter school shall be
414 located either before or at the same time it files its application with the board of trustees.
415 (b) The State Charter School Board and the local school board may review the
416 application and may offer suggestions or recommendations to the applicant or the board of
417 trustees of a higher education institution prior to its acting on the application.
418 (c) The board of trustees of a higher education institution shall give due consideration
419 to suggestions or recommendations made by the State Charter School Board or the local school
420 board under Subsection (2)(b).
421 (3) (a) If a board of trustees of a higher education institution approves an application to
422 establish and operate a charter school, the board of trustees shall submit the application to the
423 State Board of Education.
424 (b) The State Board of Education shall, by majority vote, within 60 days of receipt of
425 the application, approve or deny an application approved by a board of trustees of a higher
426 education institution.
427 (c) The State Board of Education's action under Subsection (3)(b) is final action subject
428 to judicial review.
429 (4) The State Board of Education shall make a rule providing a timeline for the
430 opening of a charter school following the approval of a charter school application by a board of

431 trustees of a higher education institution.
432 (5) (a) After approval of a charter school application, the applicant and the board of
433 trustees of a higher education institution shall set forth the terms and conditions for the
434 operation of the charter school in a written contractual agreement.
435 (b) The agreement is the school's charter.
436 [(c) (i)] (6) (a) The school's charter may include a provision that the charter school pay
437 an annual fee for the board of trustees' costs in providing oversight of, and technical support to,
438 the charter school in accordance with Subsection [(6)] (7).
439 [(ii)] (b) An annual fee described in Subsection [(5)(c)(i)] (6)(a):
440 [(A)] (i) may not exceed the product of:
441 [(I) 1% of the value of the weighted pupil unit]
442 (A) 0.7% of the per pupil allocation for enrollment group one, as established in statute
443 for the current fiscal year; and
444 [(II)] (B) the October 1 enrollment count of the charter school for the current fiscal
445 year;
446 [(B)] (ii) shall be paid to the board of trustees' higher education institution; and
447 [(C)] (iii) shall be expended as directed by the board of trustees.
448 [(6)] (7) A board of trustees of a higher education institution shall:
449 (a) annually review and evaluate the performance of charter schools authorized by the
450 board of trustees and hold the schools accountable for their performance;
451 (b) monitor charter schools authorized by the board of trustees for compliance with
452 federal and state laws, rules, and regulations; and
453 (c) provide technical support to charter schools authorized by the board of trustees to
454 assist them in understanding and performing their charter obligations.
455 [(7)] (8) (a) In addition to complying with the requirements of this section, a campus
456 board of directors of a college campus within the Utah College of Applied Technology shall
457 obtain the approval of the Utah College of Applied Technology Board of Trustees before
458 entering into an agreement to establish and operate a charter school.
459 (b) The Utah College of Applied Technology Board of Trustees shall establish a policy
460 for granting approval to a campus board of directors to enter into an agreement to establish and
461 operate a charter school.

462 Section 8. Section 53A-1a-703 is amended to read:
463 53A-1a-703. Definitions.
464 As used in this part:
465 (1) "Assessment team" means a team consisting of:
466 (a) the student's parent or guardian;
467 (b) the student's private school classroom teacher;
468 (c) special education personnel from the student's school district; and
469 (d) if available, special education personnel from the private school at which the
470 student is enrolled.
471 (2) "Board" means the State Board of Education.
472 (3) "Eligible private school" means a private school that meets the requirements of
473 Section 53A-1a-705 .
474 (4) "IEP" means a written statement for a student with a disability that is developed,
475 reviewed, and revised in accordance with the Individuals with Disabilities Education Act, 20
476 U.S.C. Sec. 1400 et seq.
477 (5) "Scholarship student" means a student who receives a scholarship under this part.
478 [(6) "Value of the weighted pupil unit" means the amount established each year in
479 statute that is multiplied by the number of weighted pupil units to yield the funding level for
480 the basic state-supported school program.]
481 Section 9. Section 53A-1a-706 is amended to read:
482 53A-1a-706. Scholarship payments.
483 (1) (a) Scholarships shall be awarded by the board subject to the availability of money
484 appropriated by the Legislature for that purpose.
485 (b) The Legislature shall annually appropriate money to the board from the General
486 Fund to make scholarship payments.
487 (c) (i) If monies are not available to pay for all scholarships requested, the scholarships
488 shall be allocated on a random basis except that preference shall be given to students who
489 received scholarships in the previous school year.
490 (ii) If monies are insufficient in a school year to pay for all the continuing scholarships,
491 new scholarships may not be awarded during that school year and the monies available for
492 scholarships shall be prorated among the eligible students who received scholarships in the

493 previous year.
494 (2) Full-year scholarships shall be awarded in the following amounts:
495 (a) for a student who received an average of 180 minutes per day or more of special
496 education services in a public school before transferring to a private school, an amount not to
497 exceed the lesser of:
498 (i) [the value of the weighted pupil unit multiplied by 2.5] 92% of the per pupil
499 allocation for enrollment group nine as established in statute for the current fiscal year; or
500 (ii) the private school tuition and fees; and
501 (b) for a student who received an average of less than 180 minutes per day of special
502 education services in a public school before transferring to a private school, an amount not to
503 exceed the lesser of:
504 (i) [the value of the weighted pupil unit multiplied by 1.5] 55% of the per pupil
505 allocation for enrollment group nine as established in statute for the current fiscal year; or
506 (ii) the private school tuition and fees.
507 (3) The scholarship amount for a student enrolled in a half-day kindergarten program
508 shall be the amount specified in Subsection (2)(a) or (b) multiplied by .55.
509 (4) (a) The scholarship amount for a student who receives a waiver under Subsection
510 53A-1a-704 (3) shall be based upon the assessment team's determination of the appropriate
511 level of special education services to be provided to the student.
512 (b) (i) If the student requires an average of 180 minutes per day or more of special
513 education services, a full-year scholarship shall be equal to the amount specified in Subsection
514 (2)(a).
515 (ii) If the student requires less than an average of 180 minutes per day of special
516 education services, a full-year scholarship shall be equal to the amount specified in Subsection
517 (2)(b).
518 (iii) If the student is enrolled in a half-day kindergarten program, a full-year
519 scholarship is equal to the amount specified in Subsection (3).
520 (5) (a) Except as provided in Subsection (5)(b), upon review and receipt of
521 documentation that verifies a student's admission to, or continuing enrollment and attendance
522 at, a private school, the board shall make scholarship payments in four equal amounts no later
523 than September 1, November 1, February 1, and April 15 of each school year in which a

524 scholarship is in force.
525 (b) In accordance with board rule, the board may make a scholarship payment before
526 the first quarterly payment of the school year, if a private school requires partial payment of
527 tuition before the start of the school year to reserve space for a student admitted to the school.
528 (6) A parent of a scholarship student shall notify the board if the student does not have
529 continuing enrollment and attendance at an eligible private school.
530 (7) Before scholarship payments are made, the board shall cross-check enrollment lists
531 of scholarship students, school districts, and youth in custody to ensure that scholarship
532 payments are not erroneously made.
533 (8) (a) Scholarship payments shall be made by the board by individual warrant made
534 payable to the student's parent and mailed by the board to the private school. The parent shall
535 restrictively endorse the warrant to the private school for deposit into the account of the private
536 school.
537 (b) A person, on behalf of a private school, may not accept a power of attorney from a
538 parent to sign a warrant referred to in Subsection (8)(a), and a parent of a scholarship student
539 may not give a power of attorney designating a person, on behalf of a private school, as the
540 parent's attorney-in-fact.
541 (9) (a) Scholarships shall be retroactively awarded to students with disabilities for
542 attendance at a private school in the 2004-05 school year, if:
543 (i) the student meets the qualifications for a scholarship under Section 53A-1a-704 and
544 is awarded a scholarship under this section; and
545 (ii) the private school meets the eligibility requirements of Section 53A-1a-705 ,
546 including submitting an application to enroll scholarship students in the 2005-06 school year.
547 (b) Subsection (5) does not apply to retroactive scholarship payments.
548 Section 10. Section 53A-2-206 is amended to read:
549 53A-2-206. Interstate compact students -- Inclusion in attendance count --
550 Funding for foreign exchange students -- Annual report -- Requirements for exchange
551 student agencies.
552 (1) A school district or charter school may include the following students in the
553 district's or school's membership and attendance count for the purpose of apportionment of
554 state money:

555 (a) a student enrolled under an interstate compact, established between the State Board
556 of Education and the state education authority of another state, under which a student from one
557 compact state would be permitted to enroll in a public school in the other compact state on the
558 same basis as a resident student of the receiving state; or
559 (b) a student receiving services under Title 62A, Chapter 4a, Part 7, Interstate Compact
560 on Placement of Children.
561 (2) (a) A school district or charter school may include foreign exchange students in the
562 district's or school's membership and attendance count for the purpose of apportionment of
563 state money[, except as provided in Subsections (2)(b) through (e)] as provided in this
564 Subsection (2).
565 [(b) (i) Notwithstanding Section 53A-17a-106 , foreign exchange students may not be
566 included in average daily membership for the purpose of determining the number of weighted
567 pupil units in the grades 1-12 basic program.]
568 [(ii) Subject to the limitation in Subsection (2)(c), the number of weighted pupil units
569 in the grades 1-12 basic program attributed to foreign exchange students]
570 (b) The number of foreign exchange students that may be counted in enrollment shall
571 be equal to the number of foreign exchange students who were:
572 [(A)] (i) enrolled in a school district or charter school on October 1 of the previous
573 fiscal year; and
574 [(B)] (ii) sponsored by an agency approved by the district's local school board or
575 charter school's governing board.
576 (c) (i) The total number of foreign exchange students in the state that may be counted
577 for the purpose of apportioning state money under Subsection (2)(b) shall be the lesser of:
578 (A) the number of foreign exchange students enrolled in public schools in the state on
579 October 1 of the previous fiscal year; or
580 (B) 328 foreign exchange students.
581 (ii) The State Board of Education shall make rules in accordance with Title 63G,
582 Chapter 3, Utah Administrative Rulemaking Act, to administer the cap on the number of
583 foreign exchange students that may be counted for the purpose of apportioning state money
584 under Subsection (2)(b).
585 (d) Notwithstanding Sections 53A-17a-133 and 53A-17a-134 , [weighted pupil units in

586 the grades 1-12 basic program for] the enrollment of foreign exchange students, as determined
587 by Subsections (2)(b) and (c), may not be included for the purposes of determining a school
588 district's state guarantee money under the voted or board leeway programs.
589 [(e) Notwithstanding Section 53A-17a-125 , foreign exchange students may not be
590 included in enrollment when calculating student growth for the purpose of adjusting the annual
591 appropriation for retirement and Social Security.]
592 (3) A school district or charter school may:
593 (a) enroll foreign exchange students [that] who do not qualify for state money; and
594 (b) pay for the costs of those students with other funds available to the school district
595 or charter school.
596 (4) Due to the benefits to all students of having the opportunity to become familiar
597 with individuals from diverse backgrounds and cultures, school districts are encouraged to
598 enroll foreign exchange students, as provided in Subsection (3), particularly in schools with
599 declining or stable enrollments where the incremental cost of enrolling the foreign exchange
600 student may be minimal.
601 (5) The board shall make an annual report to the Legislature on the number of
602 exchange students and the number of interstate compact students sent to or received from
603 public schools outside the state.
604 (6) (a) A local school board or charter school governing board shall require each
605 approved exchange student agency to provide it with a sworn affidavit of compliance prior to
606 the beginning of each school year.
607 (b) The affidavit shall include the following assurances:
608 (i) that the agency has complied with all applicable policies of the board;
609 (ii) that a household study, including a background check of all adult residents, has
610 been made of each household where an exchange student is to reside, and that the study was of
611 sufficient scope to provide reasonable assurance that the exchange student will receive proper
612 care and supervision in a safe environment;
613 (iii) that host parents have received training appropriate to their positions, including
614 information about enhanced criminal penalties under Subsection 76-5-406 (10) for persons who
615 are in a position of special trust;
616 (iv) that a representative of the exchange student agency shall visit each student's place

617 of residence at least once each month during the student's stay in Utah;
618 (v) that the agency will cooperate with school and other public authorities to ensure
619 that no exchange student becomes an unreasonable burden upon the public schools or other
620 public agencies;
621 (vi) that each exchange student will be given in the exchange student's native language
622 names and telephone numbers of agency representatives and others who could be called at any
623 time if a serious problem occurs; and
624 (vii) that alternate placements are readily available so that no student is required to
625 remain in a household if conditions appear to exist which unreasonably endanger the student's
626 welfare.
627 (7) (a) A local school board or charter school governing board shall provide each
628 approved exchange student agency with a list of names and telephone numbers of individuals
629 not associated with the agency who could be called by an exchange student in the event of a
630 serious problem.
631 (b) The agency shall make a copy of the list available to each of its exchange students
632 in the exchange student's native language.
633 (8) Notwithstanding Subsection (2)(c)(i), a school district or charter school shall enroll
634 a foreign exchange student if the foreign exchange student:
635 (a) is sponsored by an agency approved by the State Board of Education;
636 (b) attends the same school during the same time period that another student from the
637 school is:
638 (i) sponsored by the same agency; and
639 (ii) enrolled in a school in a foreign country; and
640 (c) is enrolled in the school for one year or less.
641 Section 11. Section 53A-2-210 is amended to read:
642 53A-2-210. Funding.
643 (1) A student who enrolls in a nonresident district is considered a resident of that
644 district for purposes of state funding.
645 (2) The State Board of Education shall adopt rules providing that:
646 (a) the resident district pay the nonresident district, for each of the resident district's
647 students who enroll in the nonresident district, [1/2] one-half of the amount by which the

648 resident district's per student expenditure exceeds the value of the state's contribution; and
649 (b) if a student is enrolled in a nonresident district for less than a full year, the resident
650 district shall pay a portion of the amount specified in Subsection (2)(a) based on the percentage
651 of school days the student is enrolled in the nonresident district.
652 (3) [(a) Except as provided in this Subsection (3), the] The parent or guardian of a
653 nonresident student shall arrange for the student's own transportation to and from school.
654 [(b) The State Board of Education may adopt rules under which nonresident students
655 may be transported to their schools of attendance if:]
656 [(i) the transportation of students to schools in other districts would relieve
657 overcrowding or other serious problems in the district of residence and the costs of
658 transportation are not excessive; or]
659 [(ii) the Legislature has granted an adequate specific appropriation for that purpose.]
660 [(c) A receiving district shall provide transportation for a nonresident student on the
661 basis of available space on an approved route within the district to the school of attendance if
662 district students would be eligible for transportation to the same school from that point on the
663 bus route and the student's presence does not increase the cost of the bus route.]
664 [(d) Nothing in this section shall be construed as prohibiting the resident district or the
665 receiving district from providing bus transportation on any approved route.]
666 [(e) Except as provided in Subsection (3)(b), the district of residence may not claim
667 any state transportation costs for students enrolled in other school districts.]
668 Section 12. Section 53A-2-213 is amended to read:
669 53A-2-213. Intradistrict transfers for students impacted by boundary changes --
670 Transportation of students who transfer within a district.
671 (1) [(a)] In adjusting school boundaries, a local school board shall strive to avoid
672 requiring current students to change schools and shall, to the extent reasonably feasible,
673 accommodate parents who wish to avoid having their children attend different schools of the
674 same level because of boundary changes which occur after one or more children in the family
675 begin attending one of the affected schools.
676 [(b)] (2) In granting interdistrict and intradistrict transfers to a particular school, the
677 local school board shall take into consideration the fact that an applicant's brother or sister is
678 attending the school or another school within the district.

679 [(2) (a) A district shall receive transportation money under Sections 53A-17a-126 and
680 53A-17a-127 for resident students who enroll in schools other than the regularly assigned
681 school on the basis of the distance from the student's residence to the school the student would
682 have attended had the intradistrict attendance option not been used.]
683 [(b) The parent or guardian of the student shall arrange for the student's transportation
684 to and from school, except that the district shall provide transportation on the basis of available
685 space on an approved route within the district to the school of the student's attendance if the
686 student would be otherwise eligible for transportation to the same school from that point on the
687 bus route and the student's presence does not increase the cost of the bus route.]
688 Section 13. Section 53A-6-103 is amended to read:
689 53A-6-103. Definitions.
690 As used in this chapter:
691 (1) "Accredited institution" means an institution meeting the requirements of Section
692 53A-6-107 .
693 (2) (a) "Alternative preparation program" means preparation for licensure in
694 accordance with applicable law and rule through other than an approved preparation program.
695 (b) "Alternative preparation program" includes the competency-based licensing
696 program described in Section 53A-6-104.5 .
697 (3) "Ancillary requirement" means a requirement established by law or rule in addition
698 to completion of an approved preparation program or alternative education program or
699 establishment of eligibility under the NASDTEC Interstate Contract, and may include any of
700 the following:
701 (a) minimum grade point average;
702 (b) standardized testing or assessment;
703 (c) mentoring;
704 (d) recency of professional preparation or experience;
705 (e) graduation from an accredited institution; or
706 (f) evidence relating to moral, ethical, physical, or mental fitness.
707 (4) "Approved preparation program" means a program for preparation of educational
708 personnel offered through an accredited institution in Utah or in a state which is a party to a
709 contract with Utah under the NASDTEC Interstate Contract and which, at the time the program

710 was completed by the applicant:
711 (a) was approved by the governmental agency responsible for licensure of educators in
712 the state in which the program was provided;
713 (b) satisfied requirements for licensure in the state in which the program was provided;
714 (c) required completion of a baccalaureate; and
715 (d) included a supervised field experience.
716 (5) "Board" means the Utah State Board of Education.
717 (6) "Certificate" means a license issued by a governmental jurisdiction outside the
718 state.
719 (7) "Core academic subjects" means English, reading or language arts, mathematics,
720 science, foreign languages, civics and government, economics, arts, history, and geography.
721 (8) "Educator" means:
722 (a) a person who holds a license;
723 (b) a teacher, counselor, administrator, librarian, or other person required, under rules
724 of the board, to hold a license; or
725 (c) a person who is the subject of an allegation which has been received by the board or
726 UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a
727 position requiring licensure.
728 (9) (a) "Endorsement" means a stipulation appended to a license setting forth the areas
729 of practice to which the license applies.
730 (b) An endorsement shall be issued upon completion of a competency-based teacher
731 preparation program from a regionally accredited university that meets state content standards.
732 (10) "License" means an authorization issued by the board which permits the holder to
733 serve in a professional capacity in the public schools. The five levels of licensure are:
734 (a) "letter of authorization," which is:
735 (i) a temporary license issued to a person who has not completed requirements for a
736 competency-based, or level 1, 2, or 3 license, such as:
737 (A) a student teacher; or
738 (B) a person participating in an alternative preparation program; or
739 (ii) a license issued, pursuant to board rules, to a person who has achieved eminence,
740 or has outstanding qualifications, in a field taught in public schools;

741 (b) "competency-based license," which is issued to a teacher based on the teacher's
742 demonstrated teaching skills and abilities;
743 (c) "level 1 license," which is a license issued upon completion of:
744 (i) a competency-based teacher preparation program from a regionally accredited
745 university; or
746 (ii) an approved preparation program or an alternative preparation program, or pursuant
747 to an agreement under the NASDTEC Interstate Contract, to candidates who have also met all
748 ancillary requirements established by law or rule;
749 (d) "level 2 license," which is a license issued after satisfaction of all requirements for
750 a level 1 license as well as any additional requirements established by law or rule relating to
751 professional preparation or experience; and
752 (e) "level 3 license," which is a license issued to an educator who holds a current Utah
753 level 2 license and has also received, in the educator's field of practice, National Board
754 certification or a doctorate from an accredited institution.
755 (11) "NASDTEC" means the National Association of State Directors of Teacher
756 Education and Certification.
757 (12) "NASDTEC Interstate Contract" means the contract implementing Title 53A,
758 Chapter 6, Part 2, Compact for Interstate Qualification of Educational Personnel, which is
759 administered through NASDTEC.
760 (13) "National Board certification" means a current certificate issued by the National
761 Board for Professional Teaching Standards.
762 [(14) "Necessarily existent small school" means a school classified as a necessarily
763 existent small school in accordance with Section 53A-17a-109 .]
764 [(15)] (14) "Office" means the Utah State Office of Education.
765 [(16)] (15) "Rule" means an administrative rule adopted by the board under Title 63G,
766 Chapter 3, Utah Administrative Rulemaking Act.
767 [(17)] (16) "School" means a public or private entity which provides educational
768 services to a minor child.
769 [(18) "Small school district" means a school district with an enrollment of less than
770 5,000 students.]
771 [(19)] (17) "UPPAC" means the Utah Professional Practices Advisory Commission.

772 Section 14. Section 53A-11-301 is amended to read:
773 53A-11-301. Certificate of immunization required.
774 (1) Unless exempted for personal, medical, or religious objections as provided in
775 Section 53A-11-302 , a student may not attend a public, private, or parochial kindergarten,
776 elementary, or secondary school through grade 12, nursery school, licensed day care center,
777 child care facility, family care home, or headstart program in this state unless there is presented
778 to the appropriate official of the school a certificate of immunization from a licensed physician
779 or authorized representative of the state or local health department stating that the student has
780 received immunization against communicable diseases as required by rules adopted under
781 Section 53A-11-303 .
782 (2) [School districts] A school district or charter school may not receive [weighted
783 pupil unit] money for a student pursuant to Section 53A-17a-103.5 unless the student has
784 obtained a certificate of immunization under this section or qualifies for conditional enrollment
785 or an exemption from immunization under Section 53A-11-302 .
786 Section 15. Section 53A-15-101 is amended to read:
787 53A-15-101. Higher education courses in the public schools -- Cooperation
788 between public and higher education.
789 (1) The State Board of Education in collaboration with the State Board of Regents shall
790 implement:
791 (a) a curriculum program and delivery system which allows students the option to
792 complete high school graduation requirements and prepares them to meet college admission
793 requirements at the conclusion of the eleventh grade, but does not preclude a student involved
794 in accelerated learning programs from graduating at an earlier time;
795 (b) a program of selected college credit courses in general and career and technical
796 education which would be made available in cooperation with the State Board of Regents, as
797 resources allow, through concurrent enrollment with one or more of the state's institutions of
798 higher education;
799 (c) a course of study for a student who decides to continue on through the twelfth grade
800 that would allow the student to take courses necessary to graduate from high school, and at the
801 student's option, to become better prepared for the world of work, or complete selected college
802 level courses corresponding to the first and second year of course work at a university, college,

803 or community college in the state system of higher education; and
804 (d) a program for advanced placement which permits students to earn high school
805 credits while qualifying to take advanced placement examinations for college credit.
806 (2) The delivery system and curriculum program shall be designed and implemented to
807 take full advantage of the most current available educational technology.
808 (3) The State Board of Regents shall adopt rules to ensure the following:
809 (a) early high school graduates who are academically prepared and meet college
810 admission requirements may be enrolled in one of the state's institutions of higher education;
811 (b) college credit courses are taught in high school concurrent enrollment or advanced
812 placement programs by college or university faculty or public school educators under the
813 following conditions:
814 (i) to ensure that students are prepared for college level work, an appropriate
815 assessment is given:
816 (A) prior to participation in mathematics and English courses; and
817 (B) in meeting prerequisites previously established for the same campus-based course
818 by the sponsoring institution;
819 (ii) public school educators in concurrent enrollment programs must first be approved
820 as adjunct faculty and supervised by a state institution of higher education;
821 (iii) teaching is done through live classroom instruction or telecommunications;
822 (iv) collaboration among institutions to provide opportunities for general education and
823 high demand career and technical education concurrent enrollment courses to be offered
824 statewide, including via technology;
825 (v) course content, procedures, and teaching materials in concurrent enrollment
826 programs are approved by the appropriate department or program at an institution of higher
827 education in order to ensure quality and comparability with courses offered on college and
828 university campuses;
829 (vi) concurrent enrollment may not include high school courses that are typically
830 offered in grades 9 or 10, except as provided under Subsection (3)(c); and
831 (vii) the provisions under Subsection (3)(b)(vi) do not apply to an early college high
832 school; and
833 (c) college credits obtained under this section shall be accepted for transfer of credit

834 purposes as if they had been obtained at any public institution of higher education within the
835 state system.
836 (4) College-level courses taught in the high school carry the same credit hour value as
837 when taught on a college or university campus and apply toward graduation on the same basis
838 as courses taught at an institution of higher education to which the credits are submitted.
839 (5) The State Board of Education shall provide students in the public schools with the
840 option of accelerating their educational program and graduating at the conclusion of the
841 eleventh grade.
842 (6) [(a)] The State Board of Education and State Board of Regents shall work in close
843 cooperation in developing, implementing, and evaluating the program established under this
844 section.
845 [(b) (i) Each high school shall receive its proportional share of concurrent enrollment
846 money appropriated or allocated pursuant to Section 53A-17a-120.5 based upon the hours of
847 higher education course work undertaken by students at the school under Subsections (1)(b)
848 and (1)(c) as compared to the state total.]
849 [(ii) School districts shall contract with institutions of higher education to provide the
850 higher education services required under this section.]
851 [(iii) (A) Higher education tuition and fees may not be charged for participation in this
852 program, except that each institution within the state's higher education system may charge a
853 one-time per student per institution admissions application fee for concurrent enrollment
854 course credit offered by the institution.]
855 [(B) Payment of the fee under Subsection (6)(b)(iii)(A) satisfies the general admissions
856 application fee requirement for a full-time or part-time student at an institution so that no
857 additional admissions application fee may be charged by the institution.]
858 Section 16. Section 53A-17a-103 is amended to read:
859 53A-17a-103. Definitions.
860 As used in this chapter:
861 (1) "Basic state-supported school program" or "basic program" means public education
862 programs for kindergarten, elementary, and secondary school students that are operated and
863 maintained for the amount derived by multiplying the number of weighted pupil units for each
864 school district or charter school by the value established each year in statute, except as

865 otherwise provided in this chapter.
866 (2) (a) "Certified revenue levy" means a property tax levy that provides an amount of
867 ad valorem property tax revenue equal to the sum of:
868 (i) the amount of ad valorem property tax revenue to be generated statewide in the
869 previous year from imposing a minimum basic tax rate, as specified in Subsection
870 53A-17a-135 (1)(a); and
871 (ii) the product of:
872 (A) new growth, as defined in:
873 (I) Section 59-2-924 ; and
874 (II) rules of the State Tax Commission; and
875 (B) the minimum basic tax rate certified by the State Tax Commission for the previous
876 year.
877 (b) For purposes of this Subsection (2), "ad valorem property tax revenue" does not
878 include property tax revenue received statewide from personal property that is:
879 (i) assessed by a county assessor in accordance with Title 59, Chapter 2, Part 3, County
880 Assessment; and
881 (ii) semiconductor manufacturing equipment.
882 (c) For purposes of calculating the certified revenue levy described in this Subsection
883 (2), the State Tax Commission shall use:
884 (i) the taxable value of real property assessed by a county assessor contained on the
885 assessment roll;
886 (ii) the taxable value of real and personal property assessed by the State Tax
887 Commission; and
888 (iii) the taxable year end value of personal property assessed by a county assessor
889 contained on the prior year's assessment roll.
890 (3) "Leeway program" or "leeway" means a state-supported voted leeway program or
891 board leeway program authorized under Section 53A-17a-133 or 53A-17a-134 .
892 (4) "Pupil in average daily membership (ADM)" means a full-day equivalent pupil.
893 (5) (a) "State-supported minimum school program" or "Minimum School Program"
894 means public school programs for kindergarten, elementary, and secondary schools as
895 described in this Subsection (5).

896 (b) The minimum school program established in the districts shall include the
897 equivalent of a school term of nine months as determined by the State Board of Education.
898 (c) (i) The board shall establish the number of days or equivalent instructional hours
899 that school is held for an academic school year.
900 (ii) Education, enhanced by utilization of technologically enriched delivery systems,
901 when approved by local school boards, shall receive full support by the State Board of
902 Education as it pertains to fulfilling the attendance requirements, excluding time spent viewing
903 commercial advertising.
904 (d) The Minimum School Program includes a program or allocation funded by a line
905 item appropriation or other appropriation designated as follows:
906 (i) Basic School Program;
907 (ii) Related to Basic Programs;
908 (iii) Voted and Board Leeway Programs; or
909 (iv) Minimum School Program.
910 [(6) "Weighted pupil unit or units or WPU or WPUs" means the unit of measure of
911 factors that is computed in accordance with this chapter for the purpose of determining the
912 costs of a program on a uniform basis for each district.]
913 Section 17. Section 53A-17a-103.3 is enacted to read:
914 53A-17a-103.3. Appropriation for school districts and charter schools.
915 The Legislature shall appropriate state and local money for distribution to school
916 districts and charter schools through the following programs:
917 (1) the basic state-supported school program described in Section 53A-17a-103.5 ;
918 (2) the voted and board leeway programs described in Sections 53A-17a-133 and
919 53A-17a-134 ;
920 (3) the Capital Outlay Foundation Program and Capital Outlay Enrollment Growth
921 Program described in Chapter 21, Public Education Capital Outlay Act;
922 (4) the charter school funding program described in Section 53A-1a-513 that provides
923 money to charter schools to replace local property taxes; and
924 (5) the School LAND Trust Program described in Section 53A-16-101.5 .
925 Section 18. Section 53A-17a-103.5 is enacted to read:
926 53A-17a-103.5. Basic state-supported school program -- Distribution and use of

927 money.
928 (1) For the purposes of this section:
929 (a) a large school district has an enrollment of greater than 5,000 students;
930 (b) a medium school district has an enrollment of 1,400 to 5,000 students; and
931 (c) a small school district has an enrollment of less than 1,400 students.
932 (2) State and local money appropriated for the basic state-supported school program
933 shall be distributed to school districts and charter schools based on enrollment in the groups
934 listed in Subsection (3) multiplied by the per pupil allocation for the group.
935 (3) Student enrollment shall be determined within the following groups:
936 (a) group one - students enrolled in kindergarten through grade eight in a large school
937 district, excluding students with a disability;
938 (b) group two - students enrolled in grade 9 through grade 12 in a large school district,
939 excluding students with a disability;
940 (c) group three - students enrolled in kindergarten through grade eight in a medium
941 school district, excluding students with a disability;
942 (d) group four - students enrolled in grade 9 through grade 12 in a medium school
943 district, excluding students with a disability;
944 (e) group five - students enrolled in kindergarten through grade eight in a small school
945 district, excluding a student with a disability;
946 (f) group six - students enrolled in grade 9 through grade 12 in a small school district,
947 excluding a student with a disability;
948 (g) group seven - students enrolled in kindergarten through grade eight in a charter
949 school, excluding a student with a disability;
950 (h) group eight - students enrolled in grade 9 through grade 12 in a charter school,
951 excluding a student with a disability; and
952 (i) group nine - students with a disability who are enrolled in preschool through grade
953 12 in a school district or charter school.
954 (4) Subject to Subsection (5), the Legislature shall annually establish in statute the per
955 pupil allocation for each enrollment group.
956 (5) (a) The per pupil allocation for group two shall be 1.1 times the per pupil allocation
957 for group one.

958 (b) The per pupil allocation for group three shall be 1.2 times the per pupil allocation
959 for group one.
960 (c) The per pupil allocation for group four shall be 1.25 times the per pupil allocation
961 for group one.
962 (d) The per pupil allocation for group five shall be 1.9 times the per pupil allocation for
963 group one.
964 (e) The per pupil allocation for group six shall be 1.9 times the per pupil allocation for
965 group one.
966 (f) The per pupil allocation for group seven shall be 1.44 times the per pupil allocation
967 for group one.
968 (g) The per pupil allocation for group eight shall be 1.49 times the per pupil allocation
969 for group one.
970 (h) The per pupil allocation for group nine shall be 1.9 times the per pupil allocation
971 for group one.
972 (6) (a) Money distributed to a school district or charter school through the basic
973 state-supported school program may be used for operations, capital outlay, or debt service.
974 (b) Money distributed based on the enrollment of students with a disability may be
975 used only for the education of students with a disability.
976 Section 19. Section 53A-17a-103.7 is enacted to read:
977 53A-17a-103.7. Determination of enrollment.
978 (1) Subject to Subsection (2), for the purposes of distributing money to a school district
979 or charter school through the basic state-supported school program, enrollment is determined
980 by:
981 (a) adding the average daily membership of students in each of the enrollment groups
982 described in Section 53A-17a-103.5 in the prior school year; and
983 (b) adjusting the amount calculated under Subsection (1)(a) by the percentage change
984 in the enrollment of students in an enrollment group from October 1 of the prior school year to
985 October 1 of the current school year.
986 (2) The enrollment of students in group nine may not exceed 12.18% of a school
987 district's or charter school's total enrollment.
988 Section 20. Section 53A-17a-103.9 is enacted to read:

989 53A-17a-103.9. Mitigation of revenue impacts of funding formula changes.
990 (1) As used in this section, "revenue increment" means an amount equal to:
991 (a) the amount of money that would have been distributed to a school district or charter
992 school in fiscal year 2010-11 had the money been distributed in accordance with Section
993 53A-17a-103.3 ; minus
994 (b) the actual amount of money distributed to a school district or charter school through
995 the Minimum School Program and school building programs in fiscal year 2010-11.
996 (2) (a) If a school district or charter school has a positive revenue increment, the State
997 Board of Education may reduce the school district's or charter school's allocation of funds
998 under the basic state-supported school program and reallocate the funds to school districts and
999 charter schools that have a negative revenue increment.
1000 (b) The State Board of Education may reduce a school district's or charter school's
1001 allocation of funds pursuant to Subsection (2)(a) in an amount equal to:
1002 (i) for fiscal year 2011-12, 3% of the revenue increment;
1003 (ii) for fiscal year 2012-13, 2% of the revenue increment; and
1004 (iii) for fiscal year 2013-14, 1% of the revenue increment.
1005 (c) The State Board of Education shall reallocate funds to school districts and charter
1006 schools that have a negative revenue increment in accordance with a formula established in
1007 rule that distributes the money in a fair and equitable manner.
1008 Section 21. Section 53A-17a-105 is amended to read:
1009 53A-17a-105. Powers and duties of State Board of Education to adjust Minimum
1010 School Program allocations.
1011 (1) Except as provided in Subsection (2) or (4), if the number of [weighted pupil units]
1012 students in a program within the basic state-supported school program is underestimated, the
1013 State Board of Education shall reduce the [value of the weighted pupil unit] per pupil
1014 allocation in that program so that the total amount paid for the program does not exceed the
1015 amount appropriated for the program.
1016 (2) If the number of [weighted pupil units] students in a program within the basic
1017 state-supported school program is overestimated, the State Board of Education shall spend
1018 excess monies appropriated for the following purposes giving priority to the purpose described
1019 in Subsection (2)(a):

1020 (a) to support the [value of the weighted pupil unit] per pupil allocation in a program
1021 within the basic state-supported school program in which the number of [weighted pupil units]
1022 students is underestimated;
1023 (b) to support the state guarantee per [weighted] pupil [unit] provided under the voted
1024 leeway program established in Section 53A-17a-133 or the board-approved leeway program
1025 established in Section 53A-17a-134 , if:
1026 (i) local contributions to the voted leeway program or board-approved leeway program
1027 are overestimated; or
1028 (ii) the number of [weighted pupil units] students within school districts qualifying for
1029 a guarantee is underestimated;
1030 (c) to support the state supplement to local property taxes allocated to charter schools,
1031 if the state supplement is less than the amount prescribed by Subsection 53A-1a-513 (4)[;]; or
1032 [(d) for charter school administrative costs, if the appropriation for charter school
1033 administrative costs is insufficient to provide the amount per student prescribed in Subsection
1034 53A-17a-108 (2)(a); or]
1035 [(e)] (d) to support a school district with a loss in student enrollment as provided in
1036 Section 53A-17a-139 .
1037 (3) If local contributions from the minimum basic tax rate imposed under Section
1038 53A-17a-135 are overestimated, the State Board of Education shall reduce the [value of the
1039 weighted pupil unit] per pupil allocation for all programs within the basic state-supported
1040 school program so the total state contribution to the basic state-supported school program does
1041 not exceed the amount of state funds appropriated.
1042 (4) If local contributions from the minimum basic tax rate imposed under Section
1043 53A-17a-135 are underestimated, the State Board of Education shall:
1044 (a) spend the excess local contributions for the purposes specified in Subsection (2),
1045 giving priority to supporting the [value of the weighted pupil unit] per pupil allocation in
1046 programs within the basic state-supported school program in which the number of [weighted
1047 pupil units] students is underestimated; and
1048 (b) reduce the state contribution to the basic state-supported school program so the
1049 total cost of the basic state-supported school program does not exceed the total state and local
1050 funds appropriated to the basic state-supported school program plus the local contributions

1051 necessary to support the [value of the weighted pupil unit] per pupil allocation in programs
1052 within the basic state-supported school program in which the number of [weighted pupil units]
1053 students is underestimated.
1054 (5) Except as provided in Subsection (2) or (4), the State Board of Education shall
1055 reduce the guarantee per [weighted] pupil [unit] provided under the voted leeway program
1056 established in Section 53A-17a-133 or board-approved leeway program established in Section
1057 53A-17a-134 , if:
1058 (a) local contributions to the voted leeway program or board-approved leeway program
1059 are overestimated; or
1060 (b) the number of [weighted pupil units] students within school districts qualifying for
1061 a guarantee is underestimated.
1062 (6) Monies appropriated to the State Board of Education are nonlapsing.
1063 (7) The State Board of Education shall report actions taken by the board under this
1064 section to the Office of the Legislative Fiscal Analyst and the Governor's Office of Planning
1065 and Budget.
1066 Section 22. Section 53A-17a-125 is amended to read:
1067 53A-17a-125. Retirement contribution.
1068 (1) The employee's retirement contribution shall be 1% for employees who are under
1069 the state's contributory retirement program.
1070 (2) The employer's contribution under the state's contributory retirement program is
1071 determined under Section 49-12-301 , subject to the 1% contribution under Subsection (1).
1072 (3) [(a)] The employer-employee contribution rate for employees who are under the
1073 state's noncontributory retirement program is determined under Section 49-13-301 .
1074 [(b) The same contribution rate used under Subsection (3)(a) shall be used to calculate
1075 the appropriation for charter schools described under Subsection (5).]
1076 [(4) (a) Money appropriated to the State Board of Education for retirement and Social
1077 Security money shall be allocated to school districts and charter schools based on a district's or
1078 charter school's total weighted pupil units compared to the total weighted pupil units for all
1079 districts in the state.]
1080 [(b) Subject to budget constraints, money needed to support retirement and Social
1081 Security shall be determined by taking the district's prior year allocation and adjusting it for:]

1082 [(i) student growth;]
1083 [(ii) the percentage increase in the value of the weighted pupil unit; and]
1084 [(iii) the effect of any change in the rates for retirement, Social Security, or both.]
1085 [(5) A charter school that has made an election of nonparticipation in the Utah State
1086 Retirement Systems in accordance with Section 53A-1a-512 and Title 49, Utah State
1087 Retirement and Insurance Benefit Act, shall use the funds described under this section for
1088 retirement to provide its own compensation, benefit, and retirement programs.]
1089 Section 23. Section 53A-17a-133 is amended to read:
1090 53A-17a-133. State-supported voted leeway program authorized -- Election
1091 requirements -- State guarantee -- Reconsideration of the program.
1092 (1) An election to consider adoption or modification of a voted leeway program is
1093 required if initiative petitions signed by 10% of the number of electors who voted at the last
1094 preceding general election are presented to the local school board or by action of the board.
1095 (2) (a) (i) To establish a voted leeway program, a majority of the electors of a district
1096 voting at an election in the manner set forth in Section 53A-16-110 must vote in favor of a
1097 special tax.
1098 (ii) The tax rate may not exceed .002 per dollar of taxable value.
1099 (b) The district may maintain a school program which exceeds the cost of the program
1100 referred to in Section 53A-17a-145 with this voted leeway.
1101 (c) In order to receive state support the first year, a district must receive voter approval
1102 no later than December 1 of the year prior to implementation.
1103 (3) (a) Under the voted leeway program, the state shall contribute an amount sufficient
1104 to guarantee $25.25 per weighted pupil unit for each .0001 of the first .0016 per dollar of
1105 taxable value.
1106 (b) The same dollar amount guarantee per weighted pupil unit for the .0016 per dollar
1107 of taxable value under Subsection (3)(a) shall apply to the board-approved leeway authorized
1108 in Section 53A-17a-134 , so that the guarantee shall apply up to a total of .002 per dollar of
1109 taxable value if a school district levies a tax rate under both programs.
1110 (c) Beginning July 1, 2011, the $25.25 guarantee under Subsections (3)(a) and (b) shall
1111 be indexed each year to the value of the weighted pupil unit by making the value of the
1112 guarantee equal to[.010544 times the value of the prior year's weighted pupil unit] .007394

1113 times the per pupil allocation for enrollment group one as established in statute for the current
1114 fiscal year.
1115 (d) (i) The amount of state guarantee money to which a school district would otherwise
1116 be entitled to under this Subsection (3) may not be reduced for the sole reason that the district's
1117 levy is reduced as a consequence of changes in the certified tax rate under Section 59-2-924
1118 pursuant to changes in property valuation.
1119 (ii) Subsection (3)(d)(i) applies for a period of five years following any such change in
1120 the certified tax rate.
1121 (e) The guarantee provided under this section does not apply to the portion of a voted
1122 leeway rate that exceeds the voted leeway rate that was in effect for the previous fiscal year,
1123 unless an increase in the voted leeway rate was authorized in an election conducted on or after
1124 July 1 of the previous fiscal year and before December 2 of the previous fiscal year.
1125 (4) (a) An election to modify an existing voted leeway program is not a reconsideration
1126 of the existing program unless the proposition submitted to the electors expressly so states.
1127 (b) A majority vote opposing a modification does not deprive the district of authority to
1128 continue an existing program.
1129 (c) If adoption of a leeway program is contingent upon an offset reducing other local
1130 school board levies, the board must allow the electors, in an election, to consider modifying or
1131 discontinuing the program prior to a subsequent increase in other levies that would increase the
1132 total local school board levy.
1133 (d) Nothing contained in this section terminates, without an election, the authority of a
1134 school district to continue an existing voted leeway program previously authorized by the
1135 voters.
1136 (5) Notwithstanding Section 59-2-919 , a school district may budget an increased
1137 amount of ad valorem property tax revenue derived from a voted leeway imposed under this
1138 section in addition to revenue from new growth as defined in Subsection 59-2-924 (4), without
1139 having to comply with the notice requirements of Section 59-2-919 , if:
1140 (a) the voted leeway is approved:
1141 (i) in accordance with Section 53A-16-110 on or after January 1, 2003; and
1142 (ii) within the four-year period immediately preceding the year in which the school
1143 district seeks to budget an increased amount of ad valorem property tax revenue derived from

1144 the voted leeway; and
1145 (b) for a voted leeway approved or modified in accordance with this section on or after
1146 January 1, 2009, the school district complies with the requirements of Subsection (7).
1147 (6) Notwithstanding Section 59-2-919 , a school district may levy a tax rate under this
1148 section that exceeds the certified tax rate without having to comply with the notice
1149 requirements of Section 59-2-919 if:
1150 (a) the levy exceeds the certified tax rate as the result of a school district budgeting an
1151 increased amount of ad valorem property tax revenue derived from a voted leeway imposed
1152 under this section;
1153 (b) the voted leeway was approved:
1154 (i) in accordance with Section 53A-16-110 on or after January 1, 2003; and
1155 (ii) within the four-year period immediately preceding the year in which the school
1156 district seeks to budget an increased amount of ad valorem property tax revenue derived from
1157 the voted leeway; and
1158 (c) for a voted leeway approved or modified in accordance with this section on or after
1159 January 1, 2009, the school district complies with requirements of Subsection (7).
1160 (7) For purposes of Subsection (5)(b) or (6)(c), the proposition submitted to the
1161 electors regarding the adoption or modification of a voted leeway program shall contain the
1162 following statement:
1163 "A vote in favor of this tax means that (name of the school district) may increase
1164 revenue from this property tax without advertising the increase for the next five years."
1165 Section 24. Section 53A-17a-139 is amended to read:
1166 53A-17a-139. Loss in student enrollment -- Board action.
1167 To avoid penalizing a school district financially for an excessive loss in student
1168 enrollment due to factors beyond its control, the State Board of Education may allow a
1169 percentage increase in [units] enrollment otherwise allowable during any year when a district's
1170 average daily membership drops more than 4% below the average for the highest two of the
1171 preceding three years in the district.
1172 Section 25. Section 53A-17a-146 is amended to read:
1173 53A-17a-146. Reduction of district allocation based on insufficient revenues.
1174 (1) As used in this section, "Minimum School Program funds" means the total of state

1175 and local funds appropriated for the Minimum School Program, excluding:
1176 (a) the state-supported voter leeway pursuant to Section 53A-17a-133 ;
1177 (b) the state-supported board leeway pursuant to Section 53A-17a-134 ; and
1178 (c) the appropriation to charter schools to replace local property tax revenues pursuant
1179 to Section 53A-1a-513 .
1180 (2) If the Legislature reduces appropriations made to support public schools under Title
1181 53A, Chapter 17a, Minimum School Program Act, because an Education Fund budget deficit,
1182 as defined in Section 63J-1-312 , exists, the State Board of Education, after consultation with
1183 each school district and charter school, shall allocate the reduction among school districts and
1184 charter schools in proportion to each school district's or charter school's percentage share of
1185 Minimum School Program funds.
1186 (3) Except as provided in Subsection (5), a school district or charter school shall
1187 determine which programs are affected by a reduction pursuant to Subsection (2) and the
1188 amount each program is reduced.
1189 (4) Except as provided in Subsections (5) and (6), the requirement to spend a specified
1190 amount in any particular program is waived if reductions are made pursuant to Subsection (2).
1191 (5) A school district or charter school may not reduce or reallocate spending of funds
1192 distributed to the school district or charter school for the following programs:
1193 [(a) educator salary adjustments provided in Section 53A-17a-153 ;]
1194 [(b) the Teacher Salary Supplement Program provided in Section 53A-17a-156 ;]
1195 [(c) the extended year for special educators provided in Section 53A-17a-158 ;]
1196 [(d) USTAR centers provided in Section 53A-17a-159 ;]
1197 [(e)] (a) the School LAND Trust Program created in Section 53A-16-101.5 ; or
1198 [(f)] (b) a special education program within the Basic [School] Program.
1199 (6) A school district or charter school may not reallocate spending of funds distributed
1200 to the school district or charter school to a reserve account.
1201 Section 26. Section 53A-17a-151 is amended to read:
1202 53A-17a-151. Board leeway for reading improvement.
1203 (1) Each local school board may levy a tax rate of up to .000121 per dollar of taxable
1204 value for funding [the school district's K-3 Reading Improvement Program created under
1205 Section 53A-17a-150 ] reading programs for students in kindergarten through grade three.

1206 (2) The levy authorized under this section:
1207 (a) is in addition to any other levy or maximum rate;
1208 (b) does not require voter approval; and
1209 (c) may be modified or terminated by a majority vote of the board.
1210 (3) A local school board shall establish its board-approved levy under this section by
1211 June 1 to have the levy apply to the fiscal year beginning July 1 in that same calendar year.
1212 Section 27. Section 53A-25b-402 is amended to read:
1213 53A-25b-402. Annual salary adjustments for educators.
1214 (1) Subject to future budget constraints, the Legislature shall annually appropriate
1215 money to the board for the salary adjustments described in this section, including step and lane
1216 changes.
1217 (2) The board shall include in its annual budget request for the Utah Schools for the
1218 Deaf and the Blind an amount of money sufficient to adjust educators' salaries as described in
1219 Subsection (3) and fund step and lane changes.
1220 (3) [(a)] The board shall determine the salary adjustment specified in Subsection (2)
1221 by:
1222 [(i)] (a) calculating a weighted average salary adjustment for nonadministrative
1223 licensed staff adopted by the school districts of the state, with the average weighted by the
1224 number of teachers in each school district; and
1225 [(ii)] (b) increasing the weighted average salary adjustment by 10% in any year in
1226 which teachers of the Utah Schools for the Deaf and the Blind are not ranked in the top 10 in
1227 20-year earnings when compared to earnings of teachers in the school districts of the state.
1228 [(b) In calculating a weighted average salary adjustment for nonadministrative licensed
1229 staff adopted by the school districts of the state under Subsection (3)(a), the board shall exclude
1230 educator salary adjustments provided pursuant to Section 53A-17a-153 .]
1231 (4) From money appropriated to the board for salary adjustments, the board shall adjust
1232 the salary schedule applicable to educators at the school each year.
1233 Section 28. Section 59-10-1011 is amended to read:
1234 59-10-1011. Tutoring tax credits for disabled dependents.
1235 (1) For purposes of this section:
1236 (a) "Disabled dependent" means a person who:

1237 (i) is disabled under Section 53A-15-301 ;
1238 (ii) attends a public or private kindergarten, elementary, or secondary school; and
1239 (iii) is eligible to receive disability program money [under Section 53A-17a-111 ]
1240 pursuant to rules adopted by the State Board of Education under Section 53A-15-301 .
1241 (b) (i) "Tutoring" means educational services:
1242 (A) approved by an individual education plan team;
1243 (B) provided to a disabled dependent; and
1244 (C) that supplement classroom instruction the disabled dependent described in
1245 Subsection (1)(b)(i)(B) receives at a public or private kindergarten, elementary, or secondary
1246 school in the state.
1247 (ii) "Tutoring" does not include:
1248 (A) purchases of instructional books and material; or
1249 (B) payments for attendance at extracurricular activities including sporting events,
1250 musical or dramatic events, speech activities, or driver education.
1251 (2) (a) Except as provided in Subsection (2)(b), for taxable years beginning on or after
1252 January 1, 1996, but beginning on or before December 31, 2009, a claimant allowed to claim a
1253 disabled dependent as a dependent under this section may claim for each disabled dependent a
1254 nonrefundable tutoring tax credit in an amount equal to 25% of the costs paid by the claimant
1255 for tutoring the disabled dependent.
1256 (b) The tutoring tax credit under Subsection (2)(a) may not exceed $100.
1257 (3) The tutoring tax credit under Subsection (2) may be claimed by a claimant only in
1258 the taxable year in which the claimant pays the tutoring costs for which the tax credit is
1259 claimed.
1260 Section 29. Section 63I-1-253 is amended to read:
1261 63I-1-253. Repeal dates, Titles 53, 53A, and 53B.
1262 The following provisions are repealed on the following dates:
1263 (1) Section 53-3-232 , Conditional licenses, is repealed July 1, 2015.
1264 [(2) Title 53A, Chapter 1a, Part 6, Public Education Job Enhancement Program is
1265 repealed July 1, 2020.]
1266 [(3) Title 53A, Chapter 1a, Part 9, Voluntary Extended-day Kindergarten Program, is
1267 repealed July 1, 2011.]

1268 [(4)] (2) Section 53A-2-118.3 is repealed December 31, 2016.
1269 [(5)] (3) The State Instructional Materials Commission, created in Section 53A-14-101 ,
1270 is repealed July 1, 2011.
1271 [(6)] (4) Subsections 53A-16-107 (3) and (4) are repealed December 31, 2016.
1272 [(7)] (5) Section 53A-16-107.1 is repealed December 31, 2016.
1273 [(8) Section 53A-17a-163 , Performance-based Compensation Pilot Program is repealed
1274 July 1, 2011.]
1275 [(9)] (6) Subsection 53C-3-203 (5), which provides for the distribution of money from
1276 the Land Exchange Distribution Account to the Geological Survey for test wells, other
1277 hydrologic studies, and air quality monitoring in the West Desert, is repealed July 1, 2020.
1278 Section 30. Section 63I-2-253 is amended to read:
1279 63I-2-253. Repeal dates -- Titles 53, 53A, and 53B.
1280 (1) Section 53A-1-403.5 is repealed July 1, 2012.
1281 (2) Subsection 53A-1-603 (5) is repealed July 1, 2015.
1282 (3) Title 53A, Chapter 1a, Part 10, UPSTART, is repealed July 1, 2014.
1283 (4) Subsection 53A-13-110 (4) is repealed July 1, 2013.
1284 [(5) Section 53A-17a-152 is repealed July 1, 2010.]
1285 [(6) Section 53A-17a-162 is repealed July 1, 2012.]
1286 Section 31. Section 63J-1-602.3 is amended to read:
1287 63J-1-602.3. List of nonlapsing funds and accounts -- Title 46 through Title 60.
1288 (1) Certain funds associated with the Law Enforcement Operations Account, as
1289 provided in Section 51-9-411 .
1290 (2) The Public Safety Honoring Heroes Restricted Account created in Section
1291 53-1-118 .
1292 (3) Funding for the Search and Rescue Financial Assistance Program, as provided in
1293 Section 53-2-107 .
1294 (4) Appropriations made to the Department of Public Safety from the Department of
1295 Public Safety Restricted Account, as provided in Section 53-3-106 .
1296 (5) Appropriations to the Motorcycle Rider Education Program, as provided in Section
1297 53-3-905 .
1298 (6) The DNA Specimen Restricted Account created in Section 53-10-407 .

1299 (7) Appropriations to the State Board of Education, as provided in Section
1300 53A-17a-105 .
1301 [(8) Certain funds appropriated from the Uniform School Fund to the State Board of
1302 Education for new teacher bonus and performance-based compensation plans, as provided in
1303 Section 53A-17a-148 .]
1304 [(9) Certain funds appropriated from the Uniform School Fund to the State Board of
1305 Education for implementation of proposals to improve mathematics achievement test scores, as
1306 provided in Section 53A-17a-152 .]
1307 [(10)] (8) The School Building Revolving Account created in Section 53A-21-401 .
1308 [(11)] (9) Money received by the State Office of Rehabilitation for the sale of certain
1309 products or services, as provided in Section 53A-24-105 .
1310 [(12)] (10) The State Board of Regents, as provided in Section 53B-6-104 .
1311 [(13)] (11) Certain funds appropriated from the General Fund to the State Board of
1312 Regents for teacher preparation programs, as provided in Section 53B-6-104 .
1313 [(14)] (12) A certain portion of money collected for administrative costs under the
1314 School Institutional Trust Lands Management Act, as provided under Section 53C-3-202 .
1315 [(15)] (13) Certain surcharges on residence and business telecommunications access
1316 lines imposed by the Public Service Commission, as provided in Section 54-8b-10 .
1317 [(16)] (14) Certain fines collected by the Division of Occupational and Professional
1318 Licensing for violation of unlawful or unprofessional conduct that are used for education and
1319 enforcement purposes, as provided in Section 58-17b-505 .
1320 [(17)] (15) The Nurse Education and Enforcement Account created in Section
1321 58-31b-103 .
1322 [(18)] (16) The Certified Nurse Midwife Education and Enforcement Account created
1323 in Section 58-44a-103 .
1324 [(19)] (17) Certain fines collected by the Division of Occupational and Professional
1325 Licensing for use in education and enforcement of the Security Personnel Licensing Act, as
1326 provided in Section 58-63-103 .
1327 [(20)] (18) The Professional Geologist Education and Enforcement Account created in
1328 Section 58-76-103 .
1329 [(21)] (19) Certain money in the Water Resources Conservation and Development

1330 Fund, as provided in Section 59-12-103 .
1331 Section 32. Repealer.
1332 This bill repeals:
1333 Section 53A-1a-601, Job enhancements for mathematics, science, technology, and
1334 special education training.
1335 Section 53A-1a-602, Job Enhancement Committee -- Composition -- Duties --
1336 Appropriation.
1337 Section 53A-6-701, Scholarships for teachers to obtain endorsements or master's
1338 degrees -- Conditions.
1339 Section 53A-6-801, Definition.
1340 Section 53A-6-802, Paraeducator to Teacher Scholarship Program.
1341 Section 53A-15-405, Salaries -- Costs.
1342 Section 53A-15-601, Appropriation for program -- Program requirements --
1343 Distribution of funds to school districts.
1344 Section 53A-15-701, Highly impacted schools.
1345 Section 53A-17a-105.5, Flexibility in the use of program funds.
1346 Section 53A-17a-106, Determination of weighted pupil units.
1347 Section 53A-17a-107, Professional staff weighted pupil units.
1348 Section 53A-17a-108, Weighted pupil units for small school district administrative
1349 costs -- Appropriation for charter school administrative costs.
1350 Section 53A-17a-109, Necessarily existent small schools -- Computing additional
1351 weighted pupil units -- Consolidation of small schools.
1352 Section 53A-17a-111, Weighted pupil units for programs for students with
1353 disabilities -- District allocation.
1354 Section 53A-17a-111.5, Districts to provide class space for deaf and blind
1355 programs.
1356 Section 53A-17a-112, Preschool special education appropriation -- Extended year
1357 program appropriation -- Appropriation for special education programs in state
1358 institutions.
1359 Section 53A-17a-113, Weighted pupil units for career and technical education
1360 programs -- Funding of approved programs -- Performance measures -- Qualifying

1361 criteria.
1362 Section 53A-17a-114, Career and technical education program alternatives.
1363 Section 53A-17a-116, Weighted pupil units for career and technical education
1364 set-aside programs.
1365 Section 53A-17a-119, Appropriation for adult education programs.
1366 Section 53A-17a-120, Appropriation for accelerated learning programs.
1367 Section 53A-17a-121, Appropriation for at-risk programs.
1368 Section 53A-17a-123, Local Discretionary Block Grant Program -- State
1369 contribution.
1370 Section 53A-17a-124, Quality Teaching Block Grant Program -- State
1371 contributions.
1372 Section 53A-17a-124.5, Appropriation for class size reduction.
1373 Section 53A-17a-126, State support of pupil transportation.
1374 Section 53A-17a-127, Eligibility for state-supported transportation -- Approved
1375 bus routes -- Additional local tax.
1376 Section 53A-17a-131.9, Agencies coming together for children and youth at risk.
1377 Section 53A-17a-131.15, State contribution for the Electronic High School.
1378 Section 53A-17a-131.16, State contribution for school district hold harmless
1379 program.
1380 Section 53A-17a-137, Classified employees' compensation.
1381 Section 53A-17a-138, Increases in value of weighted pupil unit.
1382 Section 53A-17a-140, Contracts with teachers.
1383 Section 53A-17a-141, Alternative programs.
1384 Section 53A-17a-143, District tax rate -- Increase of local property tax rate --
1385 Termination.
1386 Section 53A-17a-147, Use of funds for approved programs -- Assessment of funded
1387 programs.
1388 Section 53A-17a-148, Use of nonlapsing balances.
1389 Section 53A-17a-150, K-3 Reading Improvement Program.
1390 Section 53A-17a-153, Educator salary adjustments.
1391 Section 53A-17a-154, Appropriation for school nurses.

1392 Section 53A-17a-155, Appropriation for library books and electronic resources.
1393 Section 53A-17a-156, Teacher Salary Supplement Program.
1394 Section 53A-17a-157, Teacher Salary Supplement Restricted Account.
1395 Section 53A-17a-158, Stipends for special educators for additional days of work.
1396 Section 53A-17a-159, Utah Science Technology and Research Initiative Centers
1397 Program.
1398 Section 53A-17a-160, High-ability Student Initiative Program.
1399 Section 53A-17a-161, English Language Learner Family Literacy Centers
1400 Program -- Report.
1401 Section 53A-17a-162, Beverley Taylor Sorenson Elementary Arts Learning
1402 Program.
1403 Section 53A-17a-163, Performance-based Compensation Pilot Program.
1404 Section 33. Effective date.
1405 This bill takes effect on July 1, 2011.




Legislative Review Note
as of 2-17-11 9:33 AM

Office of Legislative Research and General Counsel