S.B. 4

1

CURRENT SCHOOL YEAR SUPPLEMENTAL PUBLIC
2 EDUCATION BUDGET ADJUSTMENTS
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: D. Chris Buttars
6 House Sponsor: Merlynn T. Newbold
7
8 LONG TITLE
9 General Description:
10 This bill modifies education funding for school districts, charter schools, and certain
11 state agencies for the fiscal year beginning July 1, 2010 and ending June 30, 2011 and
12 modifies related budgetary provisions.
13 Highlighted Provisions:
14 This bill:
15 . requires a school district or charter school to report certain transfers between
16 programs to the State Board of Education as part of the Annual Financial and
17 Program report;
18 . modifies funding related to the Voted and Board leeway guarantee programs;
19 . appropriates funding to school districts and charter schools for a certain federal
20 educator jobs program;
21 . reduces state funding for the minimum school program;
22 . appropriates funding to the State Board of Education for certain administrative costs
23 related to the federal educator jobs program;
24 . appropriates money for:
25 . educator salary adjustments; and
26 . library books and electronic resources; and
27 . makes technical changes.

28 Money Appropriated in this Bill:
29 This bill appropriates for fiscal year 2011:
30 . $30,000,000 from the Uniform School Fund;
31 . ($78,271,500) from the Education Fund; and
32 . $110,007,200 from other sources as detailed in this bill.
33 Other Special Clauses:
34 This bill provides an immediate effective date.
35 Utah Code Sections Affected:
36 AMENDS:
37 53A-17a-146, as last amended by Laws of Utah 2010, Chapters 3 and 399
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 53A-17a-146 is amended to read:
41 53A-17a-146. Reduction of district allocation based on insufficient revenues.
42 (1) As used in this section, "Minimum School Program funds" means the total of state
43 and local funds appropriated for the Minimum School Program, excluding:
44 (a) the state-supported voter leeway pursuant to Section 53A-17a-133 ;
45 (b) the state-supported board leeway pursuant to Section 53A-17a-134 ; and
46 (c) the appropriation to charter schools to replace local property tax revenues pursuant
47 to Section 53A-1a-513 .
48 (2) If the Legislature reduces appropriations made to support public schools under Title
49 53A, Chapter 17a, Minimum School Program Act, because an Education Fund budget deficit,
50 as defined in Section 63J-1-312 , exists, the State Board of Education, after consultation with
51 each school district and charter school, shall allocate the reduction among school districts and
52 charter schools in proportion to each school district's or charter school's percentage share of
53 Minimum School Program funds.
54 (3) Except as provided in Subsection (5) and subject to the requirements of Subsection
55 (7), a school district or charter school shall determine which programs are affected by a
56 reduction pursuant to Subsection (2) and the amount each program is reduced.
57 (4) Except as provided in Subsections (5) and (6), the requirement to spend a specified
58 amount in any particular program is waived if reductions are made pursuant to Subsection (2).

59 (5) A school district or charter school may not reduce or reallocate spending of funds
60 distributed to the school district or charter school for the following programs:
61 (a) educator salary adjustments provided in Section 53A-17a-153 ;
62 (b) the Teacher Salary Supplement Program provided in Section 53A-17a-156 ;
63 (c) the extended year for special educators provided in Section 53A-17a-158 ;
64 (d) USTAR centers provided in Section 53A-17a-159 ;
65 (e) the School LAND Trust Program created in Section 53A-16-101.5 ; or
66 (f) a special education program within the Basic School Program.
67 (6) A school district or charter school may not reallocate spending of funds distributed
68 to the school district or charter school to a reserve account.
69 (7) A school district or charter school that reduces or reallocates funds in accordance
70 with this section shall report all transfers into, or out of, Minimum School Program programs
71 to the State Board of Education as part of the school district or charter school's Annual
72 Financial and Program report.
73 Section 2. Appropriation.
74 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
75 following sums of money are appropriated from resources not otherwise appropriated, or
76 reduced from amounts previously appropriated, out of the funds or fund accounts indicated for
77 distribution to state agencies, school districts, and charter schools for the fiscal year beginning
78 July 1, 2010 and ending June 30, 2011. These appropriations are additions to amounts
79 previously appropriated for fiscal year 2010-11.
80 Basic School Program
81 Item 1 To Basic School Program
82 From Uniform School Fund, One-time

$30,000,000

83 From Education Fund, One-time

($30,000,000)

84 From Nonlasping Balances - MSP - Voted and Board Leeways

$7,800,000

85 Schedule of Programs:
86 Grades 1 - 12 $7,800,000
87 Related to Basic Programs
88 Item 2 To Related to Basic Programs
89 From Education Fund, One-time

($50,000,000)

90 From Federal Funds

$101,004,000

91 Schedule of Programs:
92 Flexible Allocation - WPU Distribution ($50,000,000)
93 Education Jobs Fund - WPU Distribution $101,004,000
94 Item 3 To Related to Basic Programs
95 From Education Fund, One-time

$1,728,500

96 From Nonlasping Balances - MSP - Voted and Board Leeways

$200,000

97 Schedule of Programs:
98 Educator Salary Adjustments $1,728,500
99 Library Books & Electronic Resources $200,000
100 State Board of Education
101 Item 4 To State Board of Education - State Office of Education
102 From Federal Funds

$300,000

103 Schedule of Programs:
104 Board of Education - Administration $300,000
105 Item 5 To State Board of Education - Educator Licensing Professional Practices
106 From Uniform School Fund Restricted - Professional Practices

$703,200

107 Schedule of Programs:
108 Educator Licensing $703,200
109 Section 3. Effective date.
110 If approved by two-thirds of all the members elected to each house, this bill takes effect
111 upon approval by the governor, or the day following the constitutional time limit of Utah
112 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
113 the date of veto override.




Legislative Review Note
as of 3-7-11 8:16 PM

Office of Legislative Research and General Counsel