S.B. 31

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Feb 2, 2012 at 3:42 PM by khelgesen. -->

Text Box
- 1 -

Senate 2nd Reading Amendments 2-2-2012 kh/aos 1

CLASSROOM SIZE AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Karen W. Morgan
5 House Sponsor: Rebecca P. Edwards
6
7 LONG TITLE
8 General Description:
9 This bill imposes a maximum class size for kindergarten through grade 3.
10 Highlighted Provisions:
11 This bill:
12 . limits the number of students who may be assigned to a teacher who teaches a core
13 curriculum course in kindergarten through grade 3, unless a paraprofessional is
14 assigned to the teacher's class for the duration of the core curriculum course; S. [ and ] .S
15 . establishes qualifications for a paraprofessional assigned to a class that exceeds the
16 maximum class size requirement S. [ . ] ; and
16a . provides that a school district or charter school is eligible to receive money
16b appropriated for class size reduction, if the school district or charter school complies with
16c requirements to limit class size in kindergarten through grade 3 or assign a paraprofessional to
16d a class that exceeds the maximum class size. .S
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 This bill takes effect on July 1, 2012.
21 Utah Code Sections Affected:
21a S. AMENDS:
21b 53A-17a-124.5, as last amended by Laws of Utah 2010, Chapter 3 .S
22 ENACTS:
23 53A-15-106, Utah Code Annotated 1953

Text Box
- 1a -

Senate 2nd Reading Amendments 2-2-2012 kh/aos 24

25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 53A-15-106 is enacted to read:
27 53A-15-106. Maximum class size in kindergarten through grade 3 -- Exception --

Text Box
- 2 -

Senate 2nd Reading Amendments 2-2-2012 kh/aos 28

Qualifications of a paraprofessional assigned to a class that exceeds the maximum class
29 size.
30 (1) As used in this section:
31 (a) "Core curriculum course" means a language arts, mathematics, science, or social
32 studies course.
33 (b) "Direct supervision of a licensed teacher" means the teacher:
34 (i) prepares the lesson and plans the instructional support activities the paraprofessional
35 carries out; and
36 (ii) evaluates the achievement of the students with whom the paraprofessional works.
37 (c) "Paraprofessional" means an individual who:
38 (i) works under the direct supervision of a licensed teacher; and
39 (ii) meets the qualifications established in Subsection (4).
40 (2) Except as provided in Subsection (3), the maximum number of students assigned to
41 a teacher who is teaching a core curriculum course may not exceed:
42 (a) S. [ 18 ] 20 .S students for a kindergarten class, beginning with the 2012-13 school
42a year;
43 (b) S. [ 20 ] 22 .S students for a first grade class, beginning with the 2013-14 school year;
44 (c) 22 students for a second grade class, beginning with the 2014-15 school year; and
45 (d) 24 students for a third grade class, beginning with the 2015-16 school year.
46 (3) The number of students assigned to a teacher who is teaching a core curriculum
47 course may exceed the maximum class size specified in Subsection (2) if a paraprofessional is
48 assigned to the class for the entire duration of the core curriculum course.
49 (4) A paraprofessional who is assigned to a class pursuant to Subsection (3) shall have:
50 (a) (i) earned a secondary school diploma or a recognized equivalent; and
51 (ii) (A) completed at least two years with a minimum of 48 semester hours at an
52 accredited higher education institution; or
53 (B) obtained an associates or higher degree from an accredited higher education
54 institution; or
55 (b) satisfied a rigorous state or local assessment about the individual's knowledge of,
56 and ability to assist in instructing students in, reading, writing, and mathematics.
56a S. Section 2. Section 53A-17A-124.5 is amended to read:
56b 53A-17a-124.5. Appropriation for class size reduction.
56c (1) Money appropriated to the State Board of Education for class size reduction shall be used
56d to reduce the average class size in kindergarten through the eighth grade in the state's public schools.
56e (2) (a) A school district or charter school is eligible to receive money
56f appropriated under Subsection (1), if the school district or charter school complies with the
56g requirements in Section 53A-15-106 to limit class size in kindergarten through grade 3 or

Text Box
- 2a -

Senate 2nd Reading Amendments 2-2-2012 kh/aos 56h

assign a paraprofessional to a class that exceeds the maximum class size.
56i [ (2) ] b Each district shall receive its allocation based upon prior year average daily
56j membership in kindergarten through grade [ eight ] 8 plus growth as determined under Subsection
56k 53A-17a-106(3) as compared to the state total based on school districts and charter schools that are
56l eligible pursuant to Subsection (2)(a) .
56m (3) (a) A district or charter school may use its allocation to reduce class size in any one or all of
56n the grades referred to under this section, except as otherwise provided in Subsection (3)(b).
56o (b) (i) Each district and charter school shall use 50% of its allocation to reduce class size in
56p any one or all of grades kindergarten through grade [ two ] 2 , with an emphasis on improving
56q student reading skills.
56r (ii) If a district's or charter school's average class size is below 18 in grades kindergarten
56s through [ two ] 2 , it may petition the state board for, and the state board may grant, a waiver to use its
56t allocation under Subsection (3)(b)(i) for class size reduction in the other grades.
56u (4) Schools may use nontraditional innovative and creative methods to reduce class sizes with
56v this appropriation and may use part of their allocation to focus on class size reduction for specific
56w groups, such as at risk students, or for specific blocks of time during the school day.
56x (5) (a) A school district or charter school may use up to 20% of its allocation under Subsection
56y (1) for capital facilities projects if such projects would help to reduce class size.
56z (b) If a school district's or charter school's student population increases by 5% or 700 students
56aa from the previous school year, the school district or charter school may use up to 50% of any
56ab allocation it receives under this section for classroom construction.
56ac (6) This appropriation is to supplement any other appropriation made for class size reduction.
56ad (7) [ The ] Subject to future budget constraints, the Legislature shall provide for an annual
56ae adjustment in the appropriation authorized under this section in proportion to the increase in the
56af number of students in the state in kindergarten through grade eight. .S
57 Section S. [ 2 ] 3 .S . Effective date.
58 This bill takes effect on July 1, 2012.

Text Box
- 3 -

Legislative Review Note
as of 10-27-11 9:06 AM

Office of Legislative Research and General Counsel