First Substitute S.B. 1

Senator D. Chris Buttars proposes the following substitute bill:

1 PUBLIC EDUCATION BASE BUDGET
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: D. Chris Buttars
5 House Sponsor: Merlynn T. Newbold
6
7 LONG TITLE
8 General Description:
9 This bill appropriates funds for the support and operation of public education for the
10 fiscal year beginning July 1, 2011, and ending June 30, 2012.
11 Highlighted Provisions:
12 This bill:
13 . provides appropriations for the use and support of state education agencies;
14 . provides appropriations for the use and support of school districts and charter
15 schools;
16 . sets the value of the weighted pupil unit at $2,577 for fiscal year 2011-12; and
17 . sets the estimated minimum basic tax rate at .001628 for fiscal year 2011-12.
18 Money Appropriated in this Bill:
19 This bill appropriates for fiscal year 2011-12:
20 . $3,211,800 from the General Fund;
21 . $19,000,000 from the Uniform School Fund;
22 . $2,092,684,312 from the Education Fund; and
23 . $935,823,973 from various sources as detailed in this bill.
24 Other Special Clauses:
25 This bill takes effect on July 1, 2011.

26 Utah Code Sections Affected:
27 AMENDS:
28 53A-17a-105, as repealed and reenacted by Laws of Utah 2010, Chapter 399
29 53A-17a-105.5, as enacted by Laws of Utah 2010, Chapter 303
30 53A-17a-114, as last amended by Laws of Utah 2007, Chapter 372
31 53A-17a-135, as last amended by Laws of Utah 2010, Chapter 3
32 ENACTS:
33 53A-17a-164, Utah Code Annotated 1953
34 53A-17a-165, Utah Code Annotated 1953
35 REPEALS:
36 53A-15-601, as last amended by Laws of Utah 1997, Chapter 219
37 53A-15-701, as last amended by Laws of Utah 2002, Chapter 210
38 53A-17a-108, as last amended by Laws of Utah 2010, Chapters 3 and 399
39 53A-17a-120, as last amended by Laws of Utah 2010, Chapter 3
40 53A-17a-121, as last amended by Laws of Utah 2010, Chapter 3
41 53A-17a-123.5, as last amended by Laws of Utah 2010, Chapter 3
42 53A-17a-160, as enacted by Laws of Utah 2008, Chapter 397
43 53A-17a-161, as enacted by Laws of Utah 2008, Chapter 397
44 Uncodified Material Affected:
45 ENACTS UNCODIFIED MATERIAL
46
47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 53A-17a-105 is amended to read:
49 53A-17a-105. Powers and duties of State Board of Education to adjust Minimum
50 School Program allocations.
51 (1) Except as provided in Subsection (2) or (4), if the number of weighted pupil units
52 in a program is underestimated, the State Board of Education shall reduce the value of the
53 weighted pupil unit in that program so that the total amount paid for the program does not
54 exceed the amount appropriated for the program.
55 (2) If the number of weighted pupil units in a program is overestimated, the State
56 Board of Education shall spend excess monies appropriated for the following purposes giving

57 priority to the purpose described in Subsection (2)(a):
58 (a) to support the value of the weighted pupil unit in a program within the basic
59 state-supported school program in which the number of weighted pupil units is underestimated;
60 (b) to support the state guarantee per weighted pupil unit provided under the voted
61 leeway program established in Section 53A-17a-133 or the board-approved leeway program
62 established in Section 53A-17a-134 , if:
63 (i) local contributions to the voted leeway program or board-approved leeway program
64 are overestimated; or
65 (ii) the number of weighted pupil units within school districts qualifying for a
66 guarantee is underestimated;
67 (c) to support the state supplement to local property taxes allocated to charter schools,
68 if the state supplement is less than the amount prescribed by Subsection 53A-1a-513 (4); or
69 [(d) for charter school administrative costs, if the appropriation for charter school
70 administrative costs is insufficient to provide the amount per student prescribed in Subsection
71 53A-17a-108 (2)(a); or]
72 [(e)] (d) to support a school district with a loss in student enrollment as provided in
73 Section 53A-17a-139 .
74 (3) If local contributions from the minimum basic tax rate imposed under Section
75 53A-17a-135 are overestimated, the State Board of Education shall reduce the value of the
76 weighted pupil unit for all programs within the basic state-supported school program so the
77 total state contribution to the basic state-supported school program does not exceed the amount
78 of state funds appropriated.
79 (4) If local contributions from the minimum basic tax rate imposed under Section
80 53A-17a-135 are underestimated, the State Board of Education shall:
81 (a) spend the excess local contributions for the purposes specified in Subsection (2),
82 giving priority to supporting the value of the weighted pupil unit in programs within the basic
83 state-supported school program in which the number of weighted pupil units is underestimated;
84 and
85 (b) reduce the state contribution to the basic state-supported school program so the
86 total cost of the basic state-supported school program does not exceed the total state and local
87 funds appropriated to the basic state-supported school program plus the local contributions

88 necessary to support the value of the weighted pupil unit in programs within the basic
89 state-supported school program in which the number of weighted pupil units is underestimated.
90 (5) Except as provided in Subsection (2) or (4), the State Board of Education shall
91 reduce the guarantee per weighted pupil unit provided under the voted leeway program
92 established in Section 53A-17a-133 or board-approved leeway program established in Section
93 53A-17a-134 , if:
94 (a) local contributions to the voted leeway program or board-approved leeway program
95 are overestimated; or
96 (b) the number of weighted pupil units within school districts qualifying for a
97 guarantee is underestimated.
98 (6) [Monies] Money appropriated to the State Board of Education [are] is nonlapsing.
99 (7) The State Board of Education shall report actions taken by the board under this
100 section to the Office of the Legislative Fiscal Analyst and the Governor's Office of Planning
101 and Budget.
102 Section 2. Section 53A-17a-105.5 is amended to read:
103 53A-17a-105.5. Flexibility in the use of program funds.
104 (1) As used in this section, "qualifying program" means:
105 [(a) the at-risk flow through program created in Section 53A-17a-121 ;]
106 [(b) the homeless and disadvantaged minority students program created in Section
107 53A-17a-121 ;]
108 [(c) the gifted and talented program created in Section 53A-17a-120 ;]
109 [(d) the advanced placement program created in Section 53A-15-101 ; and]
110 (a) the Enhancement for At-Risk Students Program created in Section 53A-17a-164 ;
111 (b) the Enhancement for Accelerated Students Program created in Section
112 53A-17a-165 ; and
113 [(e)] (c) the concurrent enrollment program created in Section 53A-15-101 .
114 (2) If a school district or charter school receives an allocation of state funds for a
115 qualifying program that is less than $10,000, the school district or charter school may:
116 (a) (i) combine the funds with one or more qualifying program fund allocations each of
117 which is less than $10,000; and
118 (ii) use the combined funds in accordance with the program requirements for any of the

119 qualifying programs that are combined; or
120 (b) (i) transfer the funds to a qualifying program for which the school district or charter
121 school received an allocation of funds that is greater than or equal to $10,000; and
122 (ii) use the combined funds in accordance with the program requirements for the
123 qualifying program to which the funds are transferred.
124 Section 3. Section 53A-17a-114 is amended to read:
125 53A-17a-114. Career and technical education program alternatives.
126 [(1)] If a school district determines that a secondary student's career and technical
127 education goals are better achieved at a regional applied technology college created under Title
128 53B, Chapter 2a, Utah College of Applied Technology, the student may attend that institution.
129 [(2) Students served under this section in a regional applied technology college shall
130 continue to be counted in the regular school program average daily membership of the sending
131 school district.]
132 Section 4. Section 53A-17a-135 is amended to read:
133 53A-17a-135. Minimum basic tax rate -- Certified revenue levy.
134 (1) (a) In order to qualify for receipt of the state contribution toward the basic program
135 and as its contribution toward its costs of the basic program, each school district shall impose a
136 minimum basic tax rate per dollar of taxable value that generates [$273,950,764] $284,221,713
137 in revenues statewide.
138 (b) The preliminary estimate for the [2010-11] 2011-12 minimum basic tax rate is
139 [.001513] .001628.
140 (c) The State Tax Commission shall certify on or before June 22 the rate that generates
141 [$273,950,764] $284,221,713 in revenues statewide.
142 (d) If the minimum basic tax rate exceeds the certified revenue levy as defined in
143 Section 53A-17a-103 , the state is subject to the notice requirements of Section 59-2-926 .
144 (2) (a) The state shall contribute to each district toward the cost of the basic program in
145 the district that portion which exceeds the proceeds of the levy authorized under Subsection
146 (1).
147 (b) In accord with the state strategic plan for public education and to fulfill its
148 responsibility for the development and implementation of that plan, the Legislature instructs
149 the State Board of Education, the governor, and the Office of Legislative Fiscal Analyst in each

150 of the coming five years to develop budgets that will fully fund student enrollment growth.
151 (3) (a) If the proceeds of the levy authorized under Subsection (1) equal or exceed the
152 cost of the basic program in a school district, no state contribution shall be made to the basic
153 program.
154 (b) The proceeds of the levy authorized under Subsection (1) which exceed the cost of
155 the basic program shall be paid into the Uniform School Fund as provided by law.
156 Section 5. Section 53A-17a-164 is enacted to read:
157 53A-17a-164. Enhancement for At-Risk Students Program.
158 (1) The State Board of Education shall distribute money appropriated for the
159 Enhancement for At-Risk Students Program to school districts and charter schools according to
160 a formula adopted by the State Board of Education, after consultation with school districts and
161 charter schools.
162 (2) In establishing a distribution formula under Subsection (1), the State Board of
163 Education shall use the following criteria:
164 (a) low performance on U-PASS tests;
165 (b) poverty;
166 (c) mobility; and
167 (d) limited English proficiency.
168 (3) A school district or charter school shall use money distributed under this section to
169 improve the academic achievement of students who are at risk of academic failure.
170 (4) The State Board of Education shall develop performance criteria to measure the
171 effectiveness of the Enhancement for At-Risk Students Program and make an annual report to
172 the Public Education Appropriations Subcommittee on the effectiveness of the program.
173 Section 6. Section 53A-17a-165 is enacted to read:
174 53A-17a-165. Enhancement for Accelerated Students Program.
175 (1) The State Board of Education shall distribute money appropriated for the
176 Enhancement for Accelerated Students Program to school districts and charter schools
177 according to a formula adopted by the State Board of Education, after consultation with school
178 districts and charter schools.
179 (2) A distribution formula adopted under Subsection (1) may include an allocation of
180 money for:

181 (a) advanced placement courses;
182 (b) gifted and talented programs, including professional development for teachers of
183 high ability students; and
184 (c) International Baccalaureate programs.
185 (3) No more than 1.5% of the appropriation for the Enhancement for Accelerated
186 Students Program may be allowed for International Baccalaureate programs.
187 (4) A school district or charter school shall use money distributed under this section to
188 enhance the academic growth of students whose academic achievement is accelerated.
189 (5) The State Board of Education shall develop performance criteria to measure the
190 effectiveness of the Enhancement for Accelerated Students Program and make an annual report
191 to the Public Education Appropriations Subcommittee on the effectiveness of the program.
192 Section 7. Repealer.
193 This bill repeals:
194 Section 53A-15-601, Appropriation for program -- Program requirements --
195 Distribution of funds to school districts.
196 Section 53A-15-701, Highly impacted schools.
197 Section 53A-17a-108, Weighted pupil units for small school district administrative
198 costs -- Appropriation for charter school administrative costs.
199 Section 53A-17a-120, Appropriation for accelerated learning programs.
200 Section 53A-17a-121, Appropriation for at-risk programs.
201 Section 53A-17a-123.5, Interventions for Student Success Block Grant Program --
202 State contribution.
203 Section 53A-17a-160, High-ability Student Initiative Program.
204 Section 53A-17a-161, English Language Learner Family Literacy Centers
205 Program -- Report.
206 Section 8. Appropriations for state education agencies, school districts, and
207 charter schools -- Value of weighted pupil unit.
208 (1) Under the terms and conditions of Title 63J, Budgeting, as applicable, the
209 following sums of money are appropriated from resources not otherwise appropriated out of the
210 funds or fund accounts indicated for distribution to state education agencies, school districts,
211 and charter schools for the fiscal year beginning July 1, 2011, and ending June 30, 2012.

212 (2) The value of the weighted pupil unit (WPU) for fiscal year 2011-12 is established
213 at $2,577.

214	Basic School Program
215	Item 1 To Basic School Program
216		From Uniform School Fund			$19,000,000
217		From Education Fund			$1,661,176,424
218		From Local Revenue			$284,221,713
219		From Beginning Nonlapsing Appropriation Balances			$15,682,810
220		From Closing Nonlapsing Appropriation Balances			($15,682,810)
221		Schedule of Programs:
222			Kindergarten (27,018 WPUs)	$69,625,386
223			Grades 1 - 12 (523,304 WPUs)	$1,348,554,408
224			Necessarily Existent Small Schools (7,649 WPUs)	$19,711,473
225			Professional Staff (48,886 WPUs)	$125,979,222
226			Special Education - Add-on (65,190 WPUs)	$167,994,630
227			Special Education - Pre-school (9,188 WPUs)	$23,677,476
228			Special Education - Self-contained (14,146 WPUs)	$36,454,242
229			Special Education - Extended Year (403 WPUs)	$1,038,531
230			Special Education - State Programs (1,822 WPUs)	$4,695,294
231			Career & Technical Ed District Add-on (27,907 WPUs)	$71,916,339
232			Class Size Reduction (36,768 WPUs)	$94,751,136

233 The Legislature intends that the State Board of Education allocate $1,222,600 from the
234 appropriation to the Career & Technical Education District Add-on Program to support
235 summer Career & Technical Education Agriculture programs.

236	Related to Basic Programs
237	Item 2 To Related to Basic Programs
238		From Education Fund			$279,913,840
239		From Uniform School Fund Restricted - Interest and Dividends Account			$20,000,000
240		From Beginning Nonlapsing Appropriation Balances			$10,825,698
241		From Closing Nonlapsing Appropriation Balances			($10,825,698)
242		Schedule of Programs:
243			To and From School - Pupil Transportation	$2,584,400
244			Enhancement for At-Risk Students	$22,432,273
245			Youth in Custody	$18,321,100
246			Enhancement for Accelerated Students	$3,979,881
247			Concurrent Enrollment	$8,531,186
248			School LAND Trust Program	$20,000,000
249			Charter School Local Replacement	$67,258,900
250			Educator Salary Adjustments	$152,104,700
251			USFR Teacher Salary Supplement Restricted Account		$3,626,000
252			Library Books & Electronic Resources	$100,000
253			Critical Languages & Dual Immersion	$975,400

254 The Legislature intends that the State Board of Education allocate $2,584,400 from the
255 appropriation for To and From School - Pupil Transportation to support transportation costs at
256 the Utah Schools for the Deaf and the Blind.

257	Voted and Board Leeway Programs
258	Item 3 To Voted and Board Leeway Programs
259		From Education Fund				$81,292,848
260		From Local Revenue				$306,112,460
261		From Beginning Nonlapsing Appropriation Balances				$4,793,770
262		From Closing Nonlapsing Appropriation Balances				($4,793,770)
263		Schedule of Programs:
264			Voted Leeway		$297,260,811
265			Board Leeway		$75,144,497
266			Board Leeway - Reading Improvement		$15,000,000
267	School Building Programs
268	Item 4 To School Building Programs
269		From Education Fund				$14,499,700
270		Schedule of Programs:
271			Capital Outlay Foundation Program		$12,610,900
272			Capital Outlay Enrollment Growth Program		$1,888,800
273	State Board of Education
274	Item 5 To State Board of Education - State Office of Education
275		From Education Fund				$17,593,000
276		From Federal Funds				$162,161,000
277		From Dedicated Credits Revenue				$5,896,200
278		From General Fund Restricted - Mineral Lease				$2,884,000
279		From General Fund Restricted - Land Exchange Distribution Account				$302,400
280		From General Fund Restricted - Substance Abuse Prevention				$497,200
281		From Uniform School Fund Restricted - Interest and Dividends Account				$410,400
282		From Revenue Transfers				$678,900
283		From Beginning Nonlapsing Appropriation Balances				$12,360,800
284		From Closing Nonlapsing Appropriation Balances				($12,360,800)
285		From Lapsing Balance				($3,900)
286		Schedule of Programs:
287			Board of Education - Administration		$1,607,000
288			Student Achievement		$185,198,800
289			Data and Business Services		$1,533,000
290			Law, Legislation, and Educational Services		$2,080,400
291	Item 6 To State Board of Education - Utah State Office of Education - Initiative Programs
292		From General Fund				$3,211,800
293		From Education Fund				$7,119,400
294		From Beginning Nonlapsing Appropriation Balances				$911,300
295		From Closing Nonlapsing Appropriation Balances				($911,300)
296		Schedule of Programs:
297			Contracts and Grants		$10,331,200
298	Item 7 To State Board of Education - State Charter School Board
299		From Education Fund				$575,800
300		From Federal Funds				$5,106,100
301		Schedule of Programs:
302			State Charter School Board		$5,681,900
303	Item 8 To State Board of Education - Educator Licensing Professional Practices
304		From Uniform School Fund Restricted - Professional Practices				$1,469,900
305		From Lapsing Balance				($203,800)
306		Schedule of Programs:
307			Educator Licensing		$1,266,100
308	Item 9 To State Board of Education - State Office of Education - Child Nutrition
309		From Education Fund				$139,500
310		From Federal Funds				$114,327,500
311		From Dedicated Credits Revenue				$21,613,100
312		From Beginning Nonlapsing Appropriation Balances				$9,900
313		From Closing Nonlapsing Appropriation Balances				($9,900)
314		Schedule of Programs:
315			Child Nutrition		$136,080,100
316	Item 10 To State Board of Education - Fine Arts Outreach
317		From Education Fund				$2,786,800
318		Schedule of Programs:
319			Professional Outreach Programs		$2,738,100
320			Subsidy Program		$48,700
321	Item 11 To State Board of Education - State Office of Education - Educational Contracts
322		From Education Fund				$3,137,800
323		Schedule of Programs:
324			Youth Center		$1,153,200
325			Corrections Institutions		$1,984,600
326	Item 12 To State Board of Education - Science Outreach
327		From Education Fund				$1,695,500
328		From Beginning Nonlapsing Appropriation Balances				$46,400
329		From Closing Nonlapsing Appropriation Balances				($46,400)
330		Schedule of Programs:
331			Informal Science Education Enhancement		$1,278,400
332			Science Enhancement		$417,100
333	Item 13 To State Board of Education - Utah Schools for the Deaf and the Blind
334		From Education Fund				$22,753,700
335		From Federal Funds				$92,000
336		From Dedicated Credits Revenue				$1,551,700
337		From Revenue Transfers				$4,510,800
338		Schedule of Programs:
339			Instructional Services		$14,973,800
340			Support Services		$13,934,400
341	State Board of Education Indirect Cost Pool Internal Service Funds
342	Item 14 To State Board of Education Indirect Cost Pool - Indirect Cost Pool
343		From Dedicated Credits - Intragovernmental Revenue				$4,196,300
344		Schedule of Programs:
345			ISF - Superintendent Indirect Cost Pool		$4,196,300
346				Budgeted FTE	41.5

347 Section 9. Effective date.
348 This bill takes effect on July 1, 2011.